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08/31/2015Monday, August 31, 2015 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda August 31, 2015Council Work Session Work Session Agenda 1. Call to Order 2. Presentations 3. Office of Management and Budget Set final millage rate of 5.1550 mills for fiscal year 2015/16 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 8766-15 on first reading. 3.1 Approve the City of Clearwater Annual Operating Budget for the 2015/16 fiscal year and pass Ordinance 8767-15 on first reading. 3.2 Adopt the Fiscal Year 2015/16 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8768-15 on first reading. 3.3 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2015/16 through 2019/20. 3.4 4. Economic Development and Housing Approve a placement agreement with Fallbrook Credit Finance, LLC to broker the sale and transfer of ownership of the City of Clearwater’s Voluntary Cleanup Tax Credits (VCTC) certificates, approve an Agreement of Sale and Assignment of Florida Voluntary Cleanup Tax Credits for the sale and transfer of ownership of the VCTC certificates to a potential purchaser, and authorize the appropriate officials to execute same. (consent) 4.1 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2012-2013, 2013-2014 and 2014-2015. 4.2 5. Finance Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2015 through September 30, 2016 at an amount not to exceed $720,000, and authorize the appropriate officials to execute same. (consent) 5.1 6. Gas System Page 2 City of Clearwater Printed on 8/28/2015 August 31, 2015Council Work Session Work Session Agenda Approve the Purchase Contract for the city purchase of former railroad right-of-way that bifurcates the Gas Administrative Complex at 400 North Myrtle Ave and 700 Jones St, Clearwater, with an estimated purchase price of $204,000 and total expenditures not to exceed $232,125 including survey services, closing costs and other ancillary expenses, together with all other instruments required for closing; approve the CSX Transportation. Inc. Temporary Right-of-Entry Agreement; and authorize the appropriate officials to execute same. (consent) 6.1 Approve a Consulting Services Agreement and Purchase Order with Black and Veatch Corporation, in the amount of $350,000, for the period September 8, 2015 through August 30, 2020, for an independent audit of Clearwater Gas System’s utility operations and authorize the appropriate officials to execute same. (consent) 6.2 7. Police Department Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $49,118, for purchase of Taser units and authorize the appropriate officials to execute same. (consent) 7.1 Approve a contract (purchase order) in the amount of $420,199.20 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2015 through September 30, 2016, and authorize the appropriate officials to execute same. (consent) 7.2 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2015-2016 in the amount of $166,596.78 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program for fiscal years 2012-2017, and authorize the appropriate officials to execute same. (consent) 7.3 8. Engineering Accept a Drainage Easement conveyed by Instrument Transformers, LLC over a portion of property located at 1907 Calumet Drive, Clearwater. (consent) 8.1 Page 3 City of Clearwater Printed on 8/28/2015 August 31, 2015Council Work Session Work Session Agenda Approve two Subordination of City Utility Interests agreements, subordinating city easements in favor of the State of Florida Department of Transportation; authorize the appropriate officials to execute same, and adopt Resolution 15-20. 8.2 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of $237,644.11, and authorize the appropriate officials to execute same. (consent) 8.3 Adopt a City Council Policy regarding Brick Streets. (consent)8.4 9. Planning Authorize an agreement between the City of Clearwater and the Florida Department of Economic Opportunity to serve as a pilot community to receive complimentary technical assistance in the creation of a coastal vulnerability assessment and adaptation plan, authorize the appropriate officials to execute same and adopt Resolution 15-21. 9.1 10. Marine & Aviation Authorize the City Manager or designee to negotiate a Lease Agreement with top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to demolish the existing structure located at 37 Causeway Boulevard and construct and operate a new restaurant for a term not to exceed thirty years; approve the Second Amendment to Lease Agreement (current lease agreement) with Clearwater Beach Seafood, Inc. and authorize the appropriate officials to execute same. (consent) 10.1 11. Information Technology Approve a contract (purchase order) in the amount of $168,000 to TSO Mobile, Inc., Miami, FL for vehicle GPS tracking devices and software services; approve an increase of $54,000 in Purchase Order BR510269, and authorize the appropriate officials to execute same. (consent) 11.1 12. Customer Service Page 4 City of Clearwater Printed on 8/28/2015 August 31, 2015Council Work Session Work Session Agenda Approve a continuing contract (Blanket Purchase Order) in the amount of $101,490 for Fiscal Year 2016 with Cayenta, a division of N. Harris Computer Corporation, for support and maintenance related to the Utility Management System, four option years with a maximum 2% increase annually, to extend the term of the agreement through September 30, 2020 at the City's discretion; approve $25, 000 blanket purchase order for Consulting Services from Cayenta, a division of N. Harris Computer Corporation, for support efforts in finding efficiencies to streamline business processes during Fiscal Year 2016; and authorize the appropriate officials to execute same. (consent) 12.1 13. Solid Waste Approve an amendment to the Private-Public Partnership Service and Access Agreement between the City of Clearwater and Harris Corporation, and authorize the appropriate officials to execute same. (consent) 13.1 14. Official Records and Legislative Services Appoint an alternate member to the Community Development Board to fill the remainder of an unexpired term through April 30, 2018. 14.1 Appoint Desaray Dilday to the Sister Cities Advisory Board as the youth member to fill the remainder of an unexpired term through December 31, 2016. (consent) 14.2 15. Legal Adopt Ordinance 8750-15 on second reading, annexing certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, together with certain abutting right-of-way of Union Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 15.1 Adopt Ordinance 8751-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). 15.2 Adopt Ordinance 8752-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 15.3 Page 5 City of Clearwater Printed on 8/28/2015 August 31, 2015Council Work Session Work Session Agenda Adopt Ordinance 8753-15 on second reading, annexing certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 15.4 Adopt Ordinance 8754-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential Low (RL). 15.5 Adopt Ordinance 8755-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 15.6 Adopt Ordinance 8765-15 on second reading, amending the Clearwater Code of Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section (3)(E) Stormwater Management Utility Rates. 15.7 16. City Manager Verbal Reports 17. City Attorney Verbal Reports 18. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 19. Closing Comments by Mayor 20. Adjourn 21. Presentation(s) for Council Meeting Clearwater Fire and Rescue Department Fire Fighter Appreciation Month Proclamation 21.1 End of Session Report - Senator Jack Latvala21.2 Page 6 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8766-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Set final millage rate of 5.1550 mills for fiscal year 2015/16 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 8766-15 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 16, 2015, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 5.78% increase from the rolled back rate of 4.8735 mills. Ordinance 8766-15 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2015/16 fiscal year. Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8766-15 MILLAGE ORDINANCE ORDINANCE NO. 8766-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550MILLS CONSTITUTES A 5.78% INCREASE FROM THE ROLLED BACK RATE OF 4.8735MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2015, and ending September 30, 2016, from ad valorem taxes is $43,240,180;and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550mills are necessary to generate $43,240,180; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550millsagainst the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2015. Section 2. The levy of 5.1550mills constitutes a 5.78%increasefrom the rolled back rate. Section 3. This ordinance shall take effect October 1, 2015. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ GeorgeN. Cretekos Mayor Approved as to form: Attest: ______________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Fiscal Year: 2015 -2016 Major PointsMajor Points Balanced Budget City Council Strategic Priorities ULI Priorities New Facilities Operations and Maintenance Pension Reform Balanced Budget City Council Strategic Priorities ULI Priorities New Facilities Operations and Maintenance Pension Reform FUND FY 2014/15 FY 2015/16 Increase General Fund $ 117,008,550$ 124,479,870 6.4% Utility Funds 147,851,460 164,714,570 11.4% Enterprise Funds 9,534,490 11,910,020 24.9% InternalService Funds 52,327,450 57,008,630 8.9% Special Revenue Funds 16,483,760 12,788,260(24.4%) Capital Fund 48,483,540 69,963,350 44.3% $0 $2 $4 $6 $8 $10 $12 20062007200820092010 2011 2012 2013 2014 2015 $10.7 $11.2 $8.8 $7.6 $7.7 $8.2 $8.7 Property Values Billion Millage Rate Current Millage Rate5.155 mills Proposed rate 5.155 mills 5.78% increase over rolled-back rate Rolled-back rate 4.8735 mills $0 $10 $20 $30 $40 $50 $60 $53.3 $46.2 $39.1 $37.2 $40.7 $43.2 Ad Valorem Tax Revenues Million Source FY 2014/15 FY 2015/16 Increase Ad ValoremTax $ 38,779,620$ 41,180,080 6.2% Utility Taxes 14,182,400 14,385,000 1.4% Other Taxes 7,604,780 7,201,700 (5.3%) Franchise Fees 10,090,000 10,184,600 0.9% Intergovernmental 19,578,310 22,484,470 14.8% Charges for Service 14,227,040 15,023,090 5.6% Transfers In 8,008,410 9,196,490 14.8% All Other Revenue 4,902,000 5,075,500 3.5% TOTAL $117,372,560$124,730,930 6.3% Department FY 2014/15 FY 2015/16 Increase Police $ 36,849,710$ 39,139,980 6.2% Fire 23,944,250 25,528,490 6.6% Parks & Recreation 22,360,110 23,590,520 5.5% Library 6,070,250 6,759,060 11.3% Planning/DevSvc 4,887,680 5,400,550 10.5% Engineering 7,569,460 7,857,040 3.8% AllOther Departments 15,327,090 16,204,230 5.7% TOTAL $117,008,550$124,479,870 6.4% $124.5 Million Public Safety 52% Parks and Recreation 19% Library 5.5% Engineering 6% Planning and Development 4.5%Adm/Other 13% $124.5 Million Personnel 68% Operating 16.5% Internal Service 11.5% Interfund Transfers 3% Debt and Capital 1% $0 $20 $40 $60 $80 $100 $120 $140 $111.4 $123.2 $115.5 $109.1 $114.9 $124.5 General Fund History CPI Million 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 1,954.7 1,893.6 1,766.8 1,681.4 1,695.7 1,746.9 Full Time Equivalent Positions (All Funds) Homesteaded Property Save Our Homes Cap –0.8% 2014 2015 Increase Taxable Value $ 100,000 $ 100,800 $800 City Taxes $515.50 $519.62 $ 4.12 21.1914mills Clearwater 24% School Board 37% Pinellas County 30% Other Agencies 9% UtilityRateIncreases October1,2015 WATER & SEWER 4.5% GAS 0% SOLID WASTE & RECYCLING 3.75% STORMWATER 1.25% Public Hearings September 3, 2015 –6 p.m. September 17, 2015 –6 p.m. Fiscal Year: 2015 -2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8767-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2015/16 fiscal year and pass Ordinance 8767-15 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2015/16 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special Council Meeting for citizen input. After the Preliminary budget was released, management approved a reduction to the Public Utilities expenditure budget to eliminate the cost of five full time equivalent (FTE) positions that were requested in the proposed budget. After completing the Stormwater Rate Study in July 2015, a new rate structure is planned to be effective October 1, 2015 which will reduce the estimated Stormwater Fee revenue included in the proposed budget. Upon Council action at the August 17, 2015 meeting, a donation to the Clearwater Historical Society is being added to the General Fund for fiscal year 2015/16. These are the only changes to the Preliminary Operating Budget at this time. Page 1 City of Clearwater Printed on 8/28/2015 Currently Approved Final Proposed Change Ordinance General General GENERAL FUND Fund Fund Balances Brought Forward 21,482,338 21,482,338 Budgeted Revenues Ad Valorem Taxes 41,180,080 41,180,080 Utility Taxes 14,385,000 14,385,000 Local Option, Fuel & Other Taxes 7,201,700 7,201,700 Franchise Fees 10,184,600 10,184,600 Other Permits and Fees 2,372,250 2,372,250 Intergovernmental Revenue 22,484,470 22,484,470 Charges for Services 15,023,090 15,023,090 Judgments, Fines and Forfeits 908,000 908,000 Miscellaneous Revenues 1,795,250 1,795,250 Transfers In 9,196,490 9,196,490 Other Financing Sources 0 0 TOTAL BUDGETED REVENUES 124,730,930 0 124,730,930 TOTAL REVENUES, TRANSFERS, AND BALANCES 146,213,268 146,213,268 Budgeted Expenditures City Council 304,430 12,000 (1)316,430 City Manager's Office 1,075,590 1,075,590 City Attorney's Office 1,652,360 1,652,360 City Audit 207,370 207,370 Economic Development and Housing 1,735,030 1,735,030 Engineering 7,857,040 7,857,040 Finance 2,405,570 2,405,570 Fire 25,528,490 25,528,490 Human Resources 1,173,410 1,173,410 Library 6,759,060 6,759,060 Marine & Aviation 967,980 967,980 Non-Departmental 4,274,420 4,274,420 Official Records and Legislative Services 1,130,440 1,130,440 Parks and Recreation 23,590,520 23,590,520 Planning and Development 5,400,550 5,400,550 Police 39,139,980 39,139,980 Public Communications 990,180 990,180 Public Utilities 275,450 275,450 TOTAL BUDGETED EXPENDITURES 124,467,870 12,000 124,479,870 Fund Balances/Reserves/Net Assets 21,745,398 21,733,398 TOTAL EXPENDITURES AND BALANCES 146,213,268 146,213,268 General Fund Operating Budget 2015/16 As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing (1) To recognize an additional $12,000 of expenditures budgeted for a donation to the Clearwater Historical Society for fiscal year 2015/16 approved by the City Council on August 17, 2015. Page 1 Currently Approved Final Proposed Change Ordinance Water & Water & Sewer Utility Sewer Utility WATER AND SEWER FUND Fund Fund Balances Brought Forward 35,280,611 35,280,611 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 74,103,970 74,103,970 Judgments, Fines and Forfeits 271,000 271,000 Miscellaneous Revenues 1,749,010 1,749,010 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 76,123,980 - 76,123,980 TOTAL REVENUES, TRANSFERS, AND BALANCES 111,404,591 - 111,404,591 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,122,590 1,122,590 Wastewater Collection 13,730,220 13,730,220 Public Utilities Maintenance 5,769,310 5,769,310 WPC Plant Operations 16,604,510 (79,420)(1)16,525,090 WPC Laboratory Operations 1,502,590 1,502,590 WPC Industrial Pretreatment 914,050 914,050 Water Distribution 11,678,080 (39,710)(1)11,638,370 Water Supply 14,571,550 (79,420)(1)14,492,130 Reclaimed Water 2,490,510 2,490,510 Non-Departmental 13,770,350 13,770,350 TOTAL BUDGETED EXPENDITURES 82,153,760 (198,550)81,955,210 Fund Balances/Reserves/Net Assets 29,250,831 29,449,381 TOTAL EXPENDITURES AND BALANCES 111,404,591 111,404,591 (1) To recognize the reduction of $198,550 in expenditures for the budget of five FTE's no longer deemed necessary for fiscal year 2015/16. Water and Sewer Fund Operating Budget 2015/16 As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing Page 2 Currently Proposed Final Proposed Change Ordinance Stormwater Stormwater Utility Utility STORMWATER FUND Fund Fund Balances Brought Forward 27,148,196 27,148,196 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees - Intergovernmental Revenue Charges for Services 17,617,000 (151,130)(1)17,465,870 Judgments, Fines and Forfeits 50,000 50,000 Miscellaneous Revenues 231,700 231,700 Transfers In - Other Financing Sources TOTAL BUDGETED REVENUES 17,898,700 (151,130)17,747,570 TOTAL REVENUES, TRANSFERS, AND BALANCES 45,046,896 44,895,766 Budgeted Expenditures Stormwater Fund Stormwater Management 10,411,190 10,411,190 Stormwater Maintenance 6,800,510 6,800,510 TOTAL BUDGETED EXPENDITURES 17,211,700 17,211,700 Fund Balances/Reserves/Net Assets 27,835,196 27,684,066 TOTAL EXPENDITURES AND BALANCES 45,046,896 44,895,766 (1) To recognize the reduction of $151,130 in Stormwater Fee revenues to recognize the new rate structure for fiscal year 2015/16. Stormwater Fund Operating Budget 2015/16 As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing Page 3 FY 15/16 FY 15/16 Currently Proposed Final Proposed Change Approved FTEs Inc / (Dec)FTEs TOTAL, GENERAL FUND 1048.0 - 1048.0 UTILTIY FUNDS 469.5 Public Utilities - Operator Trainee (5.0)(1) TOTAL, UTILITY FUNDS 469.5 (5.0) 464.5 TOTAL, OTHER ENTERPRISE 61.8 - 61.8 TOTAL, INTERNAL SERVICES 151.6 - 151.6 TOTAL, SPECIAL PROGRAM 21.0 - 21.0 TOTAL, ALL FUNDS 1751.9 (5.0)1746.9 FULL TIME EQUIVALENT SUMMARY OF POSITIONS (1) To recognize the reduction of 5.0 FTE's in Public Utilities, the requested positions are no longer deemed necessary. Page 4 Ordinance No. 8767-15 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8767-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2015, and ending September 30, 2016; and WHEREAS, anestimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 3, 2015, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2015, and ending September 30, 2016, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as ExhibitA, and a summary of which is attached as ExhibitB. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Ordinance No. 8767-15 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget,including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2015. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 1 Special Special Local Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 21,482,338 4,220,899 2,898,903 - 28,602,140 Budgeted Revenues Ad Valorem Taxes 41,180,080 2,060,100 43,240,180 Utility Taxes 14,385,000 14,385,000 Local Option, Fuel & Other Taxes 7,201,700 11,162,000 18,363,700 Franchise Fees 10,184,600 10,184,600 Other Permits and Fees 2,372,250 2,372,250 Intergovernmental Revenue 22,484,470 946,370 394,410 23,825,250 Charges for Services 15,023,090 195,000 15,218,090 Judgments, Fines and Forfeits 908,000 908,000 Miscellaneous Revenues 1,795,250 625,000 130,000 2,550,250 Transfers In 9,196,490 103,000 9,299,490 Other Financing Sources 0 0 TOTAL BUDGETED REVENUES 124,730,930 14,042,100 1,179,370 394,410 140,346,810 TOTAL REVENUES, TRANSFERS, AND BALANCES 146,213,268 18,262,999 4,078,273 394,410 168,948,950 Budgeted Expenditures City Council 316,430 316,430 City Manager's Office 1,075,590 1,075,590 City Attorney's Office 1,652,360 1,652,360 City Audit 207,370 207,370 Economic Development and Housing 1,735,030 1,735,030 Engineering 7,857,040 7,857,040 Finance 2,405,570 2,405,570 Fire 25,528,490 25,528,490 Human Resources 1,173,410 1,173,410 Library 6,759,060 6,759,060 Marine & Aviation 967,980 967,980 Non-Departmental 4,274,420 4,274,420 Official Records and Legislative Services 1,130,440 1,130,440 Parks and Recreation 23,590,520 23,590,520 Planning and Development 5,400,550 5,400,550 Police 39,139,980 30,000 39,169,980 Public Communications 990,180 990,180 Public Utilities 275,450 275,450 General Government Services 699,230 3,000 702,230 Economic Environment 946,370 394,410 1,340,780 Culture and Recreation 70,000 70,000 Transfers Out 9,710,250 935,000 10,645,250 TOTAL BUDGETED EXPENDITURES 124,479,870 10,409,480 1,984,370 394,410 137,268,130 Fund Balances/Reserves/Net Assets 21,733,398 7,853,519 2,093,903 - 31,680,820 TOTAL EXPENDITURES AND BALANCES 146,213,268 18,262,999 4,078,273 394,410 168,948,950 EXHIBIT A CITY OF CLEARWATER 2015-16 BUDGET Ordinance No. 8767-15 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 35,280,611 27,148,196 27,772,676 39,691,934 129,893,417 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,300 1,300 Intergovernmental Revenue Charges for Services 74,103,970 17,465,870 22,115,000 41,819,270 155,504,110 Judgments, Fines and Forfeits 271,000 50,000 92,800 153,000 566,800 Miscellaneous Revenues 1,749,010 231,700 1,003,350 484,500 3,468,560 Transfers In 350,000 350,000 Other Financing Sources TOTAL BUDGETED REVENUES 76,123,980 17,747,570 23,562,450 42,456,770 159,890,770 TOTAL REVENUES, TRANSFERS, AND BALANCES 111,404,591 44,895,766 51,335,126 82,148,704 289,784,187 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,122,590 1,122,590 Wastewater Collection 13,730,220 13,730,220 Public Utilities Maintenance 5,769,310 5,769,310 WPC Plant Operations 16,525,090 16,525,090 WPC Laboratory Operations 1,502,590 1,502,590 WPC Industrial Pretreatment 914,050 914,050 Water Distribution 11,638,370 11,638,370 Water Supply 14,492,130 14,492,130 Reclaimed Water 2,490,510 2,490,510 Non-Departmental 13,770,350 13,770,350 Stormwater Fund Stormwater Management 10,411,190 10,411,190 Stormwater Maintenance 6,800,510 6,800,510 Solid Waste & Recycling Fund Administration 1,116,070 1,116,070 Solid Waste Collection 17,260,030 17,260,030 Solid Waste Transfer 1,608,160 1,608,160 Solid Waste Container Maintenance 889,870 889,870 Recycling Residential 1,266,850 1,266,850 Recycling Multi Family 445,360 445,360 Recycling Commercial 1,337,890 1,337,890 Gas Fund Administration and Supply 23,893,060 23,893,060 Pinellas Gas Operations 7,561,590 7,561,590 Pasco Gas Operations 3,636,840 3,636,840 Gas Marketing and Sales 6,531,940 6,531,940 TOTAL BUDGETED EXPENDITURES 81,955,210 17,211,700 23,924,230 41,623,430 164,714,570 Fund Balances/Reserves/Net Assets 29,449,381 27,684,066 27,410,896 40,525,274 125,069,617 TOTAL EXPENDITURES AND BALANCES 111,404,591 44,895,766 51,335,126 82,148,704 289,784,187 EXHIBIT A CITY OF CLEARWATER 2015-16 BUDGET Ordinance No. 8767-15 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 390,062 414,988 1,451,013 8,787,533 11,043,596 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue 4,080 50,000 54,080 Charges for Services 14,000 4,802,130 661,070 4,527,170 10,004,370 Judgments, Fines and Forfeits 2,000 1,200 650,000 653,200 Miscellaneous Revenues 267,000 40,000 7,000 324,370 638,370 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 281,000 4,848,210 719,270 5,501,540 11,350,020 TOTAL REVENUES, TRANSFERS, AND BALANCES 671,062 5,263,198 2,170,283 14,289,073 22,393,616 Budgeted Expenditures Airpark Fund Airpark Operations 274,870 274,870 Marine Fund Marina Operations 4,589,840 4,589,840 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 604,340 604,340 Parking Fund Parking System 5,080,050 5,080,050 Parking Enforcement 663,870 663,870 Beach Guard Operations 697,050 697,050 TOTAL BUDGETED EXPENDITURES 274,870 4,589,840 604,340 6,440,970 11,910,020 Fund Balances/Reserves/Net Assets 396,192 673,358 1,565,943 7,848,103 10,483,596 TOTAL EXPENDITURES AND BALANCES 671,062 5,263,198 2,170,283 14,289,073 22,393,616 EXHIBIT A CITY OF CLEARWATER 2015-16 BUDGET Ordinance No. 8767-15 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 7,236,530 1,383,472 5,859,367 21,101,852 35,581,221 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 10,559,270 4,597,290 16,176,170 24,235,180 55,567,910 Judgments, Fines and Forfeits Miscellaneous Revenues 105,000 20,000 430,000 556,000 1,111,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 10,664,270 4,617,290 16,606,170 24,791,180 56,678,910 TOTAL REVENUES, TRANSFERS, AND BALANCES 17,900,800 6,000,762 22,465,537 45,893,032 92,260,131 Budgeted Expenditures Administrative Services Fund Information Technology/Administration 375,330 375,330 Network Services 3,249,620 3,249,620 Software Applications 3,688,710 3,688,710 Telecommunications 700,720 700,720 Courier 153,180 153,180 Clearwater Customer Service 3,600,940 3,600,940 General Services Fund Administration 424,830 424,830 Building and Maintenance 4,128,560 4,128,560 Garage Fund Fleet Maintenance 14,329,760 14,329,760 Radio Communications 1,528,380 1,528,380 Central Insurance Fund Risk Management 459,190 459,190 Employee Benefits 368,760 368,760 Employee Health Center 1,854,960 1,854,960 Non-Departmental 22,145,690 22,145,690 TOTAL BUDGETED EXPENDITURES 11,768,500 4,553,390 15,858,140 24,828,600 57,008,630 Fund Balances/Reserves/Net Assets 6,132,300 1,447,372 6,607,397 21,064,432 35,251,501 TOTAL EXPENDITURES AND BALANCES 17,900,800 6,000,762 22,465,537 45,893,032 92,260,131 EXHIBIT A CITY OF CLEARWATER 2015-16 BUDGET Ordinance No. 8767-15 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 28,602,140 129,893,417 11,043,596 35,581,221 205,120,374 Budgeted Revenues Ad Valorem Taxes 43,240,180 43,240,180 Utility Taxes 14,385,000 14,385,000 Local Option, Fuel & Other Taxes 18,363,700 18,363,700 Franchise Fees 10,184,600 10,184,600 Other Permits and Fees 2,372,250 1,300 2,373,550 Intergovernmental Revenue 23,825,250 54,080 23,879,330 Charges for Services 15,218,090 155,504,110 10,004,370 55,567,910 236,294,480 Judgments, Fines and Forfeits 908,000 566,800 653,200 2,128,000 Miscellaneous Revenues 2,550,250 3,468,560 638,370 1,111,000 7,768,180 Transfers In 9,299,490 350,000 9,649,490 Other Financing Sources TOTAL BUDGETED REVENUES 140,346,810 159,890,770 11,350,020 56,678,910 368,266,510 TOTAL REVENUES, TRANSFERS, AND BALANCES 168,948,950 289,784,187 22,393,616 92,260,131 573,386,884 Budgeted Expenditures City Council 316,430 316,430 City Manager's Office 1,075,590 1,075,590 City Attorney's Office 1,652,360 1,652,360 City Audit 207,370 207,370 Economic Development and Housing 1,735,030 1,735,030 Engineering 7,857,040 7,857,040 Finance 2,405,570 2,405,570 Fire 25,528,490 25,528,490 Human Resources 1,173,410 1,173,410 Library 6,759,060 6,759,060 Marine & Aviation 967,980 967,980 Non-Departmental 4,274,420 4,274,420 Official Records and Legislative Services 1,130,440 1,130,440 Parks and Recreation 23,590,520 23,590,520 Planning and Development 5,400,550 5,400,550 Police 39,169,980 39,169,980 Public Communications 990,180 990,180 Public Services 275,450 275,450 General Government Services 702,230 702,230 Economic Environment 1,340,780 1,340,780 Culture and Recreation 70,000 70,000 Transfers Out 10,645,250 10,645,250 Water & Sewer Fund Expenditures Public Utilities Administration 1,122,590 1,122,590 Wastewater Collection 13,730,220 13,730,220 Public Utilities Maintenance 5,769,310 5,769,310 WPC Plant Operations 16,525,090 16,525,090 WPC Laboratory Operations 1,502,590 1,502,590 WPC Industrial Pretreatment 914,050 914,050 Water Distribution 11,638,370 11,638,370 Water Supply 14,492,130 14,492,130 Reclaimed Water 2,490,510 2,490,510 Non-Departmental 13,770,350 13,770,350 Stormwater Fund Stormwater Management 10,411,190 10,411,190 Stormwater Maintenance 6,800,510 6,800,510 EXHIBIT B CITY OF CLEARWATER 2015-16 BUDGET Ordinance No. 8767-15 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 1,116,070 1,116,070 Solid Waste Collection 17,260,030 17,260,030 Solid Waste Transfer 1,608,160 1,608,160 Solid Waste Container Maintenance 889,870 889,870 Recycling Residential 1,266,850 1,266,850 Recycling Multi Family 445,360 445,360 Recycling Commercial 1,337,890 1,337,890 Gas Fund Administration and Supply 23,893,060 23,893,060 Pinellas Gas Operations 7,561,590 7,561,590 Pasco Gas Operations 3,636,840 3,636,840 Gas Marketing and Sales 6,531,940 6,531,940 Recycling Fund Airpark Fund Airpark Operations 274,870 274,870 Marine Fund Marina Operations 4,589,840 4,589,840 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 604,340 604,340 Parking Fund Parking System 5,080,050 5,080,050 Parking Enforcement 663,870 663,870 Beach Guard Operations 697,050 697,050 Administrative Services Fund Information Technology/Administration 375,330 375,330 Network Services 3,249,620 3,249,620 Software Applications 3,688,710 3,688,710 Telecommunications 700,720 700,720 Courier 153,180 153,180 Clearwater Customer Service 3,600,940 3,600,940 General Services Fund Administration 424,830 424,830 Building and Maintenance 4,128,560 4,128,560 Garage Fund Fleet Maintenance 14,329,760 14,329,760 Radio Communications 1,528,380 1,528,380 Central Insurance Fund Risk Management 459,190 459,190 Employee Benefits 368,760 368,760 Employee Health Center 1,854,960 1,854,960 Non-Departmental 22,145,690 22,145,690 TOTAL BUDGETED EXPENDITURES 137,268,130 164,714,570 11,910,020 57,008,630 370,901,350 Fund Balances/Reserves/Net Assets 31,680,820 125,069,617 10,483,596 35,251,501 202,485,534 TOTAL EXPENDITURES AND BALANCES 168,948,950 289,784,187 22,393,616 92,260,131 573,386,884 2015-16 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 8767-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8768-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Adopt the Fiscal Year 2015/16 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8768-15 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2015/16 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special Council Meeting for citizen input. On August 6, 2015, Council approved adding the Morningside Recreation Center project to the six-year capital plan with funding of $2,580,000 planned from Penny for Pinellas funds in fiscal year 2016/17. At the August 17, 2015 Special Council Meeting, the Council approved adding the Crest Lake Park Renovation project to the six year plan with funding of $250,000 planned from Penny for Pinellas funds in fiscal year 2015/16. These are the only changes to the Preliminary Capital Improvement Budget at this time. Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8768-15 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 8768-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2015, and ending September 30, 2016; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordancewith Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 3, 2015; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2015, and ending September 30, 2016, a Ordinance No. 8768-15 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form,but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2015. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2015/16 General Operating Revenue 2,836,150 Road Millage 2,060,100 Penny for Pinellas 6,021,820 Transportation Impact Fee 190,000 Local Option Gas Tax 1,438,330 Special Program Fund 935,000 Grants 1,485,000 Donations 100,000 SELF SUPPORTING FUNDS: Marine Revenue 95,000 Clearwater Harbor Marina Fund 25,000 Airpark Revenue 25,000 Parking Revenue 2,409,000 Utility System: Water Revenue 2,586,000 Sewer Revenue 8,412,830 Water Impact Fees 24,000 Sewer Impact Fees 82,130 Utility R & R 8,667,170 Stormwater Utility Revenue 5,498,550 Gas Revenue 6,050,000 Solid Waste Revenue 535,000 Recycling Revenue 90,000 INTERNAL SERVICE FUNDS: Garage Revenue 77,400 Administrative Services Revenue 1,710,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 246,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Stormwater 320,000 Lease Purchase - Gas 161,000 Lease Purchase - Water & Sewer 169,000 Bond Issues - Water & Sewer 11,867,870 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,441,000 Lease Purchase - Administrative Services 405,000 TOTAL ALL FUNDING SOURCES:$69,963,350 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16 Exhibit A Ordinance No. 8768-15 Budgeted Expenditures FUNCTION:2015/16 Police Protection 200,000 Fire Protection 1,476,390 Major Street Maintenance 3,656,430 Sidewalk and Bike Trails 472,000 Intersections 335,000 Parking 2,389,000 Miscellaneous Engineering 935,000 Parks Development 6,735,000 Marine Facilities 410,000 Airpark Facilities 65,000 Libraries 115,580 Garage 5,639,400 Maintenance of Buildings 902,000 General Public City Building 110,000 Miscellaneous 2,125,000 Stormwater Utility 5,802,550 Gas System 6,211,000 Solid Waste & Recycling 625,000 Utilities Miscellaneous 20,000 Sewer System 24,469,000 Water System 7,270,000 TOTAL PROJECT EXPENDITURES $69,963,350 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16 Ordinance No. 8768-15 Function 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 Total Police Protection 200,000 3,305,000 0 0 0 0 3,505,000 Fire Protection 1,476,390 4,857,920 3,275,470 4,778,060 1,391,340 2,195,710 17,974,890 Major Street Maintenance 3,656,430 5,668,100 5,654,850 5,654,850 3,658,850 3,484,850 27,777,930 Sidewalk and Bike Trails 472,000 472,000 472,000 472,000 473,250 473,250 2,834,500 Intersections 335,000 335,000 331,990 315,410 315,400 315,390 1,948,190 Parking 2,389,000 19,482,500 381,000 382,500 384,000 384,000 23,403,000 Miscellaneous Engineering 935,000 535,000 35,000 35,000 2,460,000 35,000 4,035,000 Parks Development 6,735,000 5,037,000 3,564,840 3,325,000 7,125,000 1,440,000 27,226,840 Marine Facilities 410,000 385,000 390,000 390,000 390,000 390,000 2,355,000 Airpark Facilities 65,000 715,000 115,000 1,215,000 3,815,000 15,000 5,940,000 Libraries 115,580 387,350 27,340 462,720 35,000 0 1,027,990 Garage 5,639,400 5,700,160 5,702,960 5,307,850 5,414,840 5,524,020 33,289,230 Maintenance of Buildings 902,000 881,850 794,070 2,161,630 1,084,590 1,045,650 6,869,790 General Public City Building 110,000 522,800 4,646,630 985,650 10,289,100 0 16,554,180 Miscellaneous 2,125,000 5,995,000 1,625,000 1,630,000 1,955,000 2,045,000 15,375,000 Stormwater Utility 5,802,550 5,714,380 4,751,150 6,174,320 4,999,690 6,294,000 33,736,090 Gas System 6,211,000 4,050,000 13,850,000 4,050,000 4,050,000 4,050,000 36,261,000 Solid Waste & Recycling 625,000 635,000 635,000 635,000 635,000 635,000 3,800,000 Utilities Miscellaneous 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Sewer System 24,469,000 23,260,000 16,260,000 11,400,000 10,200,000 10,150,000 95,739,000 Water System 7,270,000 7,135,000 14,555,000 6,185,000 5,645,000 5,525,000 46,315,000 69,963,350 95,094,060 77,087,300 55,579,990 64,341,060 44,021,870 406,087,630 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2015-2016 THROUGH FY 2020-2021 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 8768-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1627 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Office of Managment & Budget Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2015/16 through 2019/20. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to the Penny for Pinellas projects that meet this criteria in the proposed 2015/16 capital improvement budget and six-year plan include the following: ·The Morningside Recreation Center Replacement project has been added to the project list with a budget of $2,580,000. The funding will provide additional funds needed for the construction of a new facility. This funding has been reallocated from Undesignated Future Penny Projects. ·The Joe DiMaggio Sports Complex Multipurpose Fields project has been established in the amount of $1,750,000, to provide for construction of multipurpose fields. This funding has been reallocated from the Youth Sports Fields Renovation project. ·The Cooper’s Point Park Improvements project has been established in the amount of $150,000 to provide for the construction of an observation tower, supporting walking trails, and specific access points to Cooper’s Point Park. This funding has been reallocated from the Neighborhood Parks Renovations project. ·The Bridge Maintenance & Improvements project has been added to the project list with a budget of $669,000 to provide funds needed for the annual maintenance program to keep the City’s bridges inspected. This funding has been reallocated from the City-wide Seawall Replacement project. ·The Sid Lickton Batting Tunnels project has been established in the amount of $50,000 to provide for the construction of outdoor batting tunnels to be used by City co-sponsored groups. This funding has been reallocated from the Youth Sports Fields Renovation project. ·The Crest Lake Park Improvements project has been established in the amount Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1627 of $250,000 to provide funding for the conceptual design and permitting necessary for the future construction project. This funding has been reallocated from the Neighborhood Parks Renovation project. ·The Youth Sports Fields Renovations project was reduced by $1,843,500 with the funding being reallocated to Joe DiMaggio Multipurpose Fields in the amount of $1,750,000; Sid Lickton Batting Tunnels in the amount of $50,000 and Countryside Plex Restroom/Concession in the amount of $43,500. ·The Neighborhood Parks Renovations project was reduced by $400,000 with the funding being reallocated to Crest Lake Park Improvement project in the amount of $250,000 and Coopers Point Park Improvements in the amount of $150,000. ·The City-wide Seawall Replacement project was reduced by $669,000 with the funding being reallocated to Bridge Maintenance & Improvements project. The planned timing for the design and construction of two fire stations has changed as follows: ·The Clearwater Beach Fire Station will now be designed and constructed in fiscal years 2016 and 2017. The project budget remains the same at $4,305,560. ·The Lakeview Fire Station will now be designed and constructed in fiscal years 2018 and 2019. The project budget remains the same at $4,198,460. Page 2 City of Clearwater Printed on 8/28/2015 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 3, 2015 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2015/16 through 2019/20 totaling $47,723,294 to fund capital projects under the Penny for Pinellas Plan. Significant changes to the plan include:  Morningside Recreation Center Replacement – This project has been added to the project list with a budget of $2,580,000. The funding will provide additional funds needed for the construction of a new facility. This funding has been reallocated from Undesignated Future Penny Projects.  Joe DiMaggio Sports Complex Multipurpose Fields – This project has been established in the amount of $1,750,000, to provide for construction of multipurpose fields. This funding has been reallocated from the Youth Sports Fields Renovation project.  Cooper’s Point Park Improvements – This project has been established in the amount of $150,000 to provide for the construction of an observation tower, supporting walking trails, and specific access points to Cooper’s Point Park. This funding has been reallocated from the Neighborhood Parks Renovations project.  Bridge Maintenance & Improvements – This project has been added to the project list with a budget of $669,000 to provide funds needed for the annual maintenance program to keep the City’s bridges inspected. This funding has been reallocated from the City- wide Seawall Replacement project.  Sid Lickton Batting Tunnels – This project has been established in the amount of $50,000 to provide for the construction of outdoor batting tunnels to be used by City co-sponsored groups. This funding has been reallocated from the Youth Sports Fields Renovation project.  Crest Lake Park Improvements – This project has been established in the amount of $250,000 to provide funding for the conceptual design and permitting necessary for the future construction project. This funding has been reallocated from the Neighborhood Parks Renovation project.  Youth Sports Fields Renovations – This project was reduced by $1,843,500 with the funding being reallocated to Joe DiMaggio Multipurpose Fields in the amount of $1,750,000; Sid Lickton Batting Tunnels in the amount of $50,000 and Countryside Plex Restroom/Concession in the amount of $43,500.  Neighborhood Parks Renovations – This project was reduced by $400,000 with the funding being reallocated to Crest Lake Park Improvement project in the amount of $250,000 and Coopers Point Park Improvements in the amount of $150,000.  City-wide Seawall Replacement – This project was reduced by $669,000 with the funding being reallocated to Bridge Maintenance & Improvements project. The planned timing for the design and construction of two fire stations has changed as follows:  The Clearwater Beach Fire Station will now be designed and constructed in fiscal years 2016 and 2017. The project budget remains the same at $4,305,560.  The Lakeview Fire Station will now be designed and constructed in fiscal years 2018 and 2019. The project budget remains the same at $4,198,460. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Penny III Total Penny III Approved Proposed Amended Total Projects Changes Projects 2015/16 2016/17 2017/18 2018/19 2019/20 Approved Beginning Balance:2,348,114 5,987,823 1,517,971 7,600,278 9,113,478 2,348,114 9,689,920 9,932,167 10,180,472 10,434,983 4,231,940 44,469,482 Gulf Boulevard Reimbursement 670,838 1,341,676 1,341,676 1,341,676 4,695,866 12,708,871 17,261,667 13,040,118 19,376,938 13,345,418 51,513,462 High Priority Downtown Intermodal Facility 2,425,000 2,425,000 2,425,000 2,425,000 Police Vehicles 200,000 200,000 100,000 100,000 200,000 Fire Engines 571,820 571,820 571,820 571,820 Countryside Fire Station - - - Lakeview Fire Station 4,198,460 4,198,460 400,000 3,798,460 400,000 3,798,460 4,198,460 Clearwater Beach Fire Station 4,305,560 4,305,560 400,000 3,905,560 400,000 3,905,560 4,305,560 New AC System/Chiller - Police and MSB 1,750,000 1,750,000 1,300,000 450,000 1,750,000 Airpark - Replace Hangar C 240,000 240,000 240,000 240,000 Medium Priority 150,000 150,000 150,000 150,000 150,000 City-wide Seawall Replacement 1,419,000 (669,000) 750,000 283,000 283,000 283,000 283,000 287,000 750,000 Traffic Calming 850,000 850,000 170,000 170,000 170,000 170,000 170,000 850,000 Bridge Maintenance & Improvements 669,000 669,000 133,000 133,000 133,000 133,000 137,000 669,000 Coachman Park Redevelopment 5,000,000 5,000,000 5,000,000 5,000,000 New Sidewalk Construction 2,361,250 2,361,250 472,000 472,000 472,000 472,000 473,250 2,361,250 Low Priority Downtown Streetscaping 6,000,000 6,000,000 2,000,000 2,000,000 2,000,000 6,000,000 114,840 Youth Sports Fields Renovations 1,958,340 (1,843,500) 114,840 208,340 1,750,000 114,840 850,000 Neighborhood Parks Renovations 4,500,000 (400,000) 4,100,000 1,250,000 1,250,000 1,250,000 750,000 4,100,000 Moccasin Lake Park Master Plan Reno 400,000 400,000 400,000 400,000 Countryside Community Park Renovations 100,000 100,000 100,000 100,000 Joe DiMaggio Multipurpose Fields - 1,750,000 1,750,000 1,750,000 1,750,000 Cooper's Point Park Improvements - 150,000 150,000 150,000 150,000 Sid Lickton Batting Tunnels - 50,000 50,000 50,000 50,000 Crest Lake Park Improvements - 250,000 250,000 250,000 250,000 EC Moore 8 & 9 Renovations/Press Box 175,000 175,000 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 399,500 399,500 700,000 Countryside Plex Restroom/Concession 656,500 43,500 700,000 656,500 700,000 Bicycle Paths-Bridges 2,000,000 2,000,000 500,000 750,000 750,000 750,000 2,000,000 Morningside Recreation Center - 2,580,000 2,580,000 2,580,000 2,580,000 Undesignated Future Penny Projects 6,750,000 (2,580,000) 4,170,000 6,750,000 4,170,000 4,170,000 Total Penny III Projects 46,260,430 46,260,430 Interfund Transfer/Debt Costs First Station #45 - Principal 1,419,501 1,419,501 670,838 748,663 1,419,501 First Station #45 - Interest 43,363 43,363 28,390 14,973 43,363 Capitol Theatre - (Central Ins Fund loan)- - - 47,723,294 - 47,723,294 6,721,048 15,743,696 5,439,840 10,263,460 9,555,250 47,723,294 5,987,823 1,517,971 7,600,278 9,113,478 3,790,168 3,790,168 Planned Project Expenditures Estimated Available Balance Estimated Revenue Penny for Pinellas - Funding Changes for September 2015 Public Hearing Fiscal Years 2015/16 - 2019/20 Penny III Proceeds Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1604 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a placement agreement with Fallbrook Credit Finance, LLC to broker the sale and transfer of ownership of the City of Clearwater’s Voluntary Cleanup Tax Credits (VCTC) certificates, approve an Agreement of Sale and Assignment of Florida Voluntary Cleanup Tax Credits for the sale and transfer of ownership of the VCTC certificates to a potential purchaser, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Invitation to Bid 61-15 for brokerage services was issued in July 2015 for the sale of the City of Clearwater Brownfields Voluntary Cleanup Tax Credits (VCTC) totaling $273,975.35. To maximize the City’s return on investment, Fallbrook Credit Finance, LLC (the Broker) was deemed to have provided the most responsive bid and was selected for exclusive brokerage services of VCTC certificates as detailed in the Invitation to Bid. After evaluation of the bids was completed, the City of Orlando verified excellent service provided by the Broker for the sale of VCTC certificates. Transferable tax credits are priced with a cents-per-dollar of credit purchase price. Fallbrook Credit Finance, LLC (the Broker) guarantees no less than $0.88 per dollar of each credit and includes all brokerage service fees. The City possesses tax credit certificates in the amount of $273,975.35. Based upon the bid presented by the Broker, the City of Clearwater will receive $241,098.31. The Broker’s services include, but are not limited to: Securing client purchase of the VCTC certificates; drafting of all legal documents including purchase agreement (Agreement of Sale and Assignment of Florida Voluntary Cleanup Tax Credits) between certificate Buyer and City of Clearwater; Placement Agreement between the City of Clearwater and Broker; the filing of the required transfer documents and forms with the State of Florida; and management of the transfer of funds from the Buyer to the City. Council approval is also requested for an Agreement of Sale and Assignment of Florida Voluntary Cleanup Tax Credits, which shall be executed by the City Manager or designee at the time a purchaser has been identified and secured, setting forth the terms under which the City and said potential purchaser will effectuate the transfer of the VCTC certificates. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 Page 1of 5 AGREEMENT This Agreement is made and entered into between the City of Clearwater, whose address is: Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the “City”, and Fallbrook Credit Finance, LLC , whose address is: 26610 Agoura Road, Suite 120, Calabasas, California 91302-3823hereafter collectively referred to as “Agent”. The parties agree as follows: SCOPE OF PROJECT. Agent agrees to act as the exclusive agent for the City to offer and sell interests in the City’s state tax credits as follows: 1.Tax Credits. State of Florida Brownfield Voluntary Cleanup Tax Credits,which were and will be received forfiscal years 2011, 2012, 2013in a cumulative amount of up to $273,975.35 in conjunction with environmental remediation work at the Former CarProproperty located at 1359 Clevelandin Clearwater, Florida (the “Project”). The tax credits are in the form of threeCertificates issued or to be issued by the Florida Department of Environmental Protection (the “Tax Credits”) as shown below. These Tax Credits are controlled by, and the interests will be sold by, the City. Year of Certificate Project Site Tax Credit Amount Issued 2014for 2011 CarPro $196,272.49 Issued 2015 for 2012 CarPro $ 61,683.04 Issued 2015 for 2013 CarPro $ 16,019.82 Total $273,975.35 2.TERM.This Agreement (“Agreement”) shall begin on the effective date shown below and will continue for six months (other than with respect to its provisions which survive a termination). After this, theparties may extend this Agreement for an additional 90 days by mutual written agreement. 3.SERVICES. Agent will use best efforts to market the Tax Credits to accredited investors, and to present the City with offers or letters of interest to invest in or purchase the Tax Creditsinterests. The City has the right to reject any investment proposal for any or no reason without any financial obligation to Agent. 4.COMPENSATION. The investor(s) will purchase the Tax Credits from the City at a price of no less than $0.88 per dollar of Tax Credits (the “Total Purchase Price”). The City will retain from the Total Purchase Price an amount equal to $0.88 per dollar of Tax Credits sold to investor(s) (the “City Price”) and agrees to pay Agent a placement fee equal to the difference between the Total Purchase Price and the City Price. Agent’s placement feewill be included in Total Purchase Price. The City will pay Agent immediately upon the City’s receipt of the gross proceeds of the transaction. Each Page 2of 5 Certificate, if sold separately, shall constitute a transaction under this Section 4. Such obligation shall survive any transfer of the Tax Credits or of the City’s interest, or if the sale proceeds are received by some entity other than the City. This fee may also be paid to the Agent directly by the Purchaser, an Escrow Agent or other intermediary holding such funds, if such parties so agree in writing. The City acknowledges the value of the investor relationships that the Agent shares with the City by presenting to the City a letter of interest or offer to purchase by any such investor. The City agrees not to solicit, directly or indirectly, any such investor. The City further agrees to compensate the Agent for any tax credit transaction that the City closes on with any such investor for four years from the termination of this Agreement. The compensation will be at the same rate as that used here. 5.MAINTENANCE OF FINANCIAL RECORDS. All records created pursuant to this Agreementare to be retained and maintained by Agent for a period not less than three (3) years from the end of the Agreement. 6.CITY LIAISON. Rod Irwin, Assistant City Manager, will serve as the City liaison for Agent. 7.DISCLAIMER OF WARRANTIES. This Agreement constitutes the entire understanding between 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. 8. TERMINATION. For Cause: Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within 14 days from the receipt of said notice, then the contract will terminate 30 days from receipt of the written notice to terminate. 9. INDEMNIFICATIONS.Subject to the limits of §768.28, Florida Statutes, the City and Agent agree to indemnify, defend and hold harmless each other and each other’s officers, directors, partners, controlled partnerships, representatives and agents against losses, claims, damages or liabilities to which each such person may be subject insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement, action, or omission by the other party of a material fact or the omission to state a material fact required to be stated. This indemnity shall include reimbursement of any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, claim, damage, liability or action, and shall be paid as such expenses are incurred. Page 3of 5 10. ARBITRATION. It is agreed that any dispute, controversy or question arising under this Agreement shall be referred for decision by binding arbitration by a panel of three arbitrators selected by the parties. The proceeding shall be held in Florida and the proceeding shall be governed by the Rules of the American Arbitration Association then in effect or such rules last in effect (in the event such Association is no longer in existence). The costs ofthe arbitration will be borne by the parties equally. If the parties are unable to agree upon arbitrators within thirty (30) days after either party has given the other party written notice of its desire to submit the dispute, controversy or question fordecision, if such Association is not then in existence or does not desire to act in the matter, each party shall appoint an arbitrator of its choice. The appointed arbitrators will select a third arbitrator to hear the parties and settle the dispute, controversy or question. Each party shall bear the costs of its own arbitrator, and the costs of the third arbitrator shall be borne equally. Any administrative fees or costs associated with the arbitration proceeding shall be borne equally by the parties. Arbitration shall be the exclusive remedy for the settlement of disputes arising under this Agreement. The decision of the arbitrator(s) shall be final, conclusive and binding, and no action at law or in equity may be instituted by either party other thanto enforce the award of the arbitrator(s). 11. AUTHORITY. It is understood that Agentis an independent contractor and that nothing herein shall be construed as creating a relationship of partners, joint venturers, employer and employee or any other relationship between City and Agent. 12. CONFIDENTIAL INFORMATION. Except as otherwise required byFlorida Public Records Law, F.S.119 et. seq., the City agrees that the identity, investment criteria, and any other information that Agent or the investor discloses to City concerning an investor constitutes confidential information (the “Confidential Information”), and City hereby agrees not disclose any Confidential Information to any third party without prior written consent of Agent. 13. NOTICES. All written notices shall be sent to each party at the following addresseson behalf of Fallbrook Credit Finance, LLC: JoshLederer, Vice President Fallbrook Credit Finance, LLC 26610 Agoura Road, Suite #120 Calabasas, Cal 91302 (818) 657-6103 lederer@fallbrookcredits.com Justin Gordon, MBA, Managing Director Fallbrook Credit Finance, LLC 26610 Agoura Road, Suite #120 Calabasas, CA 91302 (818) 657-6117 Gordon@fallbrookcredits.com Page 4of 5 (CITY) Denise Sanderson Assistant Director of Economic Development & Housing City of Clearwater Economic Development and Housing Department 112 S. Osceola Avenue Clearwater, Florida 33756 Denise.sanderson@myclearwater.com with a copy to:Laura Mahony, Assistant City Attorney 112 S. Osceola Ave., Third Floor Clearwater, FL 33756 All fees paid under this Agreement shall be paid to, and mailed or wired to: Fallbrook Credit Finance LLC 26610 Agoura Road, Suite #120 Calabasas, CA 91302 14. SUCCESSORS AND ASSIGNS. This Agreement will inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto; provided that neither party may assign its rights or delegate its duties to any other person or entity without the prior written consent of the other party, which consent the other party may give or withhold in its absolute discretion. 15. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be considered one and the same original. 16. APPLICABLE LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Agent consents to the exclusive jurisdiction of Florida courts with respect to all legal proceedings instituted by Agent or City hereunder. Venue shall be exclusively in Pinellas County, Florida.If any provisions of this Agreement shall be held invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected, and, to such extent,the provisions of this Agreement shall be severable. 17. EFFECTIVE DATE The Effective Date of this Agreement shall be the _____ day of ____________, 2015 . IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the dates indicatedbelow. Page 5of 5 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk FALLBROOK CREDIT FINANCE, LLC By: Josh Lederer, Vice President Date: ________________________ EXHIBIT A [GM15-9216-049/172537/1]1 AGREEMENT OF SALE AND ASSIGNMENT OF FLORIDA VOLUNTARY CLEANUPTAX CREDITS BE IT KNOWN, that effective as of September ____, 201_, _____________, a company validly existing under the laws of the State of ___________(the “Seller”); and ______________, a corporation validly existing under the laws of the State of ______________and having Florida tax liability (the “Purchaser”); Who in their respective capacities declare in this Agreement of Sale and Assignment of Florida Voluntary CleanupTax Credits(the “Agreement”), the following: WHEREAS, in 201_, the Seller received a tax credit certificate in the amount of _________________dollars ($___________) in Florida Voluntary Cleanup Tax Credits (the “Tax Credits”) related to and incurred in expenses regarding aFlorida state-approved cleanup with Florida Department of Environmental Protection Site Identification # __-_______. The certificate evidencing the issuance of the Tax Credits is attached hereto as Exhibit “A”. NOW, THEREFORE, the participantshereto agree as follows: 1.Effective as of the Closing Date, Seller hereby agrees to transfer, sell,assign and deliver to Purchaser all of its right, title and interest in and to the Tax Credits in the amount of____________dollars ($_________) granting full power to the Purchaser to use the Tax Credits and to effect, in the name of the Purchaser individually, all legal rights as Seller may have held with respect to the Tax Credits sold and assigned to the Purchaser. 2.In consideration of Seller’s transfer, sale, assignment and delivery of the Tax Credits hereunder, the Purchaser hereby agrees to pay to Seller ___________________dollars($__________), which is equal to ____________ cents ($0.__) per dollar ($1.00)of the Tax Credits (the “Purchase Price”), on the Closing Date (as defined below). 3.The transfer of the Tax Credits from Seller to Purchaser will be deemed to have occurred on the date that Seller receives the Purchase Price from Purchaser (the “Closing Date”). Purchaser agrees to pay to Seller the Purchase Price within five (5) business days of Seller and Purchaser receiving notification from the State of Florida Department of Revenueof authorization for the transferof the Tax Credits to Purchaser. Upon receipt of authorization for the transfer, Purchaser agrees to pay the Purchase Price set forth herein by wire transfer, as determined by the [GM15-9216-049/172537/1]2 Seller in its sole discretion. On or before the Closing Date, the Seller will execute such other documentation that may be necessary to transfer the Tax Credits and for the Purchaser to utilize the Tax Credits. In the event that the Seller fails to execute such required documentation,the Closing Date shall be delayed until all required documentation has beencompleted. Until the Closing Date, the Purchaser shall have no right to use the Tax Credits and the Seller shall remain the beneficial owner thereof.Purchaser shall pay the Purchase Price to Seller via wire transfer to the following account: Bank Name: Bank of America 101 E. Kennedy Blvd Tampa, Florida 33602 ABA Number: 026009593 Account Number: 001260030758 Reference: Florida Voluntary Cleanup Tax Credit Purchase 4.Representations,Warranties and Covenants. 4.1 Mutual Representations and Warranties. Each party hereto represents and warrants to the other party hereto as follows: (a)Organization; Power. If such party is a legal entity, such party is duly organized and validly existing and in good standing under the laws of itsstate of organization. Such party has all requisite power and authority to execute and deliver this Agreement and all other documents necessary to effectuate the transfer of the Tax Credits, and to carry out and perform the provisions of this Agreement and such other documents. Such party is duly qualified and is authorized to transact business and is in good standing in each jurisdiction in which the failure to so qualify would have a material adverse effect on such party’s ability to perform its obligations under this Agreement. (b)Authorization. All action on the part of such party and such party’s shareholders and directors necessary for the authorization, execution, and delivery of this Agreement has been taken. (c)Binding Effect. This Agreement, when executed and delivered by such party, will constitute a valid and binding obligation of such party, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies. 4.2 Seller Representations, Warranties and Covenants. Seller represents, warrants and covenants to Purchaser as follows: [GM15-9216-049/172537/1]3 (a) Seller is the owner of the Tax Credits, and Seller has not allocated, transferred, assigned or otherwise disposed of, or agreed to allocate, transfer, assign, or otherwise dispose of, the Tax Credits to any person other than Purchaser. The Tax Credits are free and clear of all security interests, charges, claims, encumbrances, or other liens. (b)The execution, delivery and performance of this Agreement by Seller will not, directly or indirectly (with or without notice or lapse of time), constitute a breach or violation of or a default under (i) any statute, law, rule, regulation, judgment or order, (ii) Seller’s charter, limited liability company or member agreement or any other organizational document of it, or (iii) any agreement to which Seller is a party or bound. (c)No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Seller, its property, its subsidiariesor the projectthat generated the Tax Creditis pending or, to the best knowledge of the Seller, threatened that could be expected to have an adverse effect on Seller’sperformance of this Agreement or prevent the consummation of the transactions contemplated hereby. (d)No consent, approval, authorization, filing with or order of any court or governmental agency or body is required in connection with the transactions contemplated by this Agreement, except such as have been obtained orwill be obtained prior to the Closing Date in connection with the transfer of the Tax Credits to Purchaser. 4.3 No Warranty as to Use. Seller specifically disclaims any implied warranty of use of the Tax Credits including but not limited tothe reduction of the Purchaser’s Florida corporate tax liability. 4.4 Purchaser Representations, Warranties and Covenants. Purchaser represents warrants and covenants to Seller as follows: (a)Tax Advisors. Purchaser has reviewed with its own tax advisors the Federal and state tax consequences of the transfer of the Tax Credits, the application of such Tax Credits as a credit against Purchaser’stax liabilityand the eligibility of Purchaser to utilize the Tax Credits. In determining whether or not to execute and deliver this Agreement, Purchaser relies solely on the advice of such advisors and, except for the representations, warranties and covenantsof the Seller in this Agreement, not on any statements or representations of Seller or any of its affiliates, subsidiaries, partners, members,shareholders, managers, principals, officers, directors, employees, representatives, [GM15-9216-049/172537/1]4 agents or other persons in similar positions (collectively, the “Released Parties”). 5. Indemnification. If a court or state agency of competent jurisdiction makes a determination that reduces the Tax Credits and requires Purchaser to repay the amount of the reduction, except for a determination based on Purchaser’s Florida tax liabilitywithout regards to the Tax Credits,or resulting from any act or omission of Purchaser, then Seller shall, within 10 business days after the court or state agency makes the determination, make a payment to Buyer in an amount equal to (i) the amount ofthe reductionand (ii) any interest and penalties imposed that are attributable to thereduction. Seller, however, shall have the right, before making this payment, to appeal the determination made by the court or state agency as the case may be at Seller’s expense. If Seller is unsuccessful in the appeal, Seller shall make the payment toPurchaser within 10 business days after the date when the final determination is made on the appeal. Subject to the limits of §768.28, Florida Statutes, Seller shall indemnify, defend and hold harmless Purchaser and its affiliates and their respective directors, officers, employees, and representatives (including without limitation any successor to any of the foregoing) from and against any and all claims, demands, actions, suits and proceedings, and any settlements or compromises relating thereto and reasonable attorneys’ fees and expenses in connection therewith, and any losses, liabilities, costs and expenses relating to, resulting from or arising out of (i) any breach of its representations,warrantiesor covenants contained inSection 4.2 ofthis Agreement, or (ii) the failure of Seller to comply with any applicable law that may be applicable in connection with the transfer of the Tax Credits to Purchaser. Purchaser shall indemnify, defend and hold harmless Seller and its affiliates and their respective directors, officers, employees, and representatives (including without limitation any successor to any of the forgoing) from and against any and all claims, demands, actions, suits and proceedings, and any settlements or compromises relating thereto and reasonable attorneys’ fees and expenses in connection therewith, and any losses, liabilities, costs and expenses relating to, resulting from or arising out of (i) any breach of Purchaser of any representation, warranty or covenant contained in thisAgreement, or (ii) the failure of Purchaser to comply with any applicable law that may be applicable in connection with the transfer of the Tax Credits to Purchaser. 6. Confidentiality and Non-Disclosure. Subject to Chapter 119, Florida Statutes, (Florida Public Records law), and other applicable law, the terms of this Agreement and all other non-public information of and about a party whether or not such information is marked or identified as confidential and proprietary information, is and shall remain confidential and proprietary information of the party (“Confidential Information”), and the other parties shall maintain in [GM15-9216-049/172537/1]5 confidence and shall not use or disclose in any manner whatsoever the other parties’ Confidential Information received by or provided to it during the course of Agreement, except as necessary to fulfill its obligations hereunder. 7.Termination. This Agreement may be terminated by Purchaser if there is a material breach of any representation, warranty, covenant or obligation of Seller contained in this Agreement and such breach shall not have been cured within ten (10) days after the delivery of notice thereof to Seller. This Agreement may be terminated by Seller if there is a material breach of any representation, warranty, covenant or obligation of Purchaser contained in this Agreement and such breach shall not have been cured within ten (10) days after the delivery of the notice thereof to Purchaser. Either Seller or Purchaser may elect to terminate this Agreement in the event that the Closing Date does not occur on or before October 31, 2015. If this Agreement is terminated, all further obligations of the parties under this Agreement shall terminate; provided, however, that no party shall be relieved of any obligationor other liability arising from any breach by such party of any provision of this Agreement. The termination rights provided in this Section 7 shall not be deemed to be exclusive. Accordingly, the exercise by the parties hereto of their respective right to terminate this Agreement pursuant to this Section 7 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that the parties may be entitled to exercise (whether under this Agreement, under any other contract, under any statute, rule or other legal requirement, at common law, in equity or otherwise). Notwithstanding this Section 7, this Agreement may not be terminated after the transactions contemplated hereby have been consummated. 8.All parties hereto acknowledge that they have read and understand the contents of this Agreement and acknowledge that no promise or representation has been made to them by any of the parties hereto or anyone acting for them except as is expressly stated herein and that they execute this document knowingly, voluntarily and as their own free act and deed. 9.This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 10. No party shall assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of the other party; provided, however, that a party may assign any or all of its rights and interests hereunder to one or more of its affiliates but the assigning party shall remain liable and [GM15-9216-049/172537/1]6 responsible for the performance of its obligations hereunder. 11. No third party is entitled to rely on any of the representations, warranties and agreements contained in this Agreement. The parties assume no liability to any third party because of any reliance on the representations, warranties and agreements contained in this Agreement. 12.This Agreement constitutes the entire agreement among the parties and contains all of the agreements between the parties with respect to the subject matter. This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the subject matter. 13.If any provision of this Agreement is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law. 14.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to principles or rules regarding conflicts of laws. 15.This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which will constitute one and the same agreement. 16.No change or modification to this Agreement shall be valid unless made in writing and signed by all the parties to this Agreement. 17.No failure on the part of any person or entity to exercise any power, right, privilege or remedy under thisAgreement, and no delay on the part of any person or entity in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power,right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No person or entity shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such person or entity; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. 18.Any notice to be given or served upon any party to this Agreement must be in writing, unless otherwise indicated, and shall be deemed to have been given (a) upon receipt, in the event of personal service by actual delivery (including by facsimile or delivery service) (b) upon posting, if deposited in the United States mail with proper postage and dispatched by certified mail; or (c) upon receipt, if notice is given other than by personal service or by certified mail. All notices [GM15-9216-049/172537/1]7 shall be given to the parties at the following addresses: If to Seller: Denise Sanderson Assistant Director of Economic Development & Housing City of Clearwater Economic Development and Housing Department 112 S. Osceola Avenue Clearwater, Florida 33756 727-562-4031 Denise.sanderson@myclearwater.com With a copy to: Laura Mahony Assistant City Attorney 112 S. Osceola Ave., Third Floor Clearwater, FL 33756 If to Purchaser: [GM15-9216-049/172537/1]8 WHEREFORE the parties have made this Agreement effective the day and year first above written. Purchaser: _________________________ By: Its: Seller: City of Clearwater, Florida _________________________By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1607 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2012-2013, 2013-2014 and 2014-2015. SUMMARY: The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assisted local governments in meeting the housing needs of its population. The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: Down payment and closing costs assistance for existing structures, the rehabilitation of owner occupied single-family dwellings, and the acquisition and rehabilitation of existing dwellings, and the construction of new dwelling in the City’s target and revitalization areas. For fiscal year 2012-2013, the close out year, the City received $42,274 from the state and $129,794.44 in program income. The department has assisted fifteen families utilizing its approved strategies. The department also uses these SHIP funds and SHIP program income to match federal programs to be able to continue existing housing programs. All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their annual reports by September 15 of every year. The annual report provides details of expended funds, encumbered funds and a proposal of any unused funds. The report also provides information on the strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. SHIP funding is important to the City of Clearwater’s economy, as evidenced by activities in Fiscal Year 2012-2013 where the City spent $153,590 in SHIP dollars to leverage over $1.3 million in other funds. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1607 Page 2 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1603 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2015 through September 30, 2016 at an amount not to exceed $720,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance policies through the efforts of Arthur J. Gallagher and Company. These policies include an excess liability package through Llyod’s of London for coverages including General Liability, Automobile Liability, Employee Benefits Liability, Public Officials Liability Personal Injury Law Enforcement Liability, Marine Operator’s Liability, EMS Liability, and Compressed Natural Gas Liability; an excess workers compensation package through Safety National for coverages including Workers Compensation and Employer Liability; and additional excess policies for Third Party Storage Tank Liability, Hull Protection and Indemnity, Cyber Liability and numerous flood policies. Due to the City’s favorable loss history, the rates remained unchanged for the package policies, although the premiums for excess Workers Compensation coverage increased due to anticipated increased payrolls as a result of additional budgeted positions. Risk Management is also estimating an increase of 10% for the additional excess policies, and a 20% increase for the various flood policies. This year’s renewal reflects an increase of $25,000 (3.6%) over the October 1, 2014 approved budget, and an increase of $53,786 (8.07%) over the actual premiums paid for Fiscal Year 2015. This request allows us to factor in the estimated increases while maintaining our standard contingency of approximately $20,000. APPROPRIATION CODE AND AMOUNT: 0590-07000-545100-519-000-0000 $720,000 Page 1 City of Clearwater Printed on 8/28/2015 Excess Insurance Renewal for 2015-2016 Broker: Arthur J. Gallagher Excess and Specialty Insurance Renewals:FY2014-2015 FY2014-2015 FY2015-2016 % Increase/Decrease % Increase/Decrease October 1, 2015 thru October 1, 2016 Approved Budget Actual Paid Requested from FY 14-15 Budget from FY 14-15 Actual Excess Package Policy including General Liability/ Auto/Employee Benefits/Employer Liability/ Public Officials/ Personal Injury Law Enforcement/As of 2013- 2014 also includes: Marine Operator's Liability/EMS Liability/CNG Liability ($500 SIR)285,356.02 285,356.02 281,694.00 -1.28%-1.28% Excess Workers' Compensation ($600K SIR)274,405.00 274,405.00 294,834.00 7.44%7.44% Total Excess Policies 559,761.02 559,761.02 576,528.00 Cyber Liability 15,352.70 14,887.00 16,375.70 6.66%10.00% Third Party Storage Tank Liability 12,230.70 11,459.52 12,605.47 3.06%10.00% Hull & P&I 9,739.40 8,740.00 9,614.00 -1.29%10.00% Flood: 601 N. Old Coachman Rd (BH Field)1,878.24 1,647.00 1,976.40 5.23%20.00% Flood: 25 Causeway Blvd 10,195.36 8,572.00 10,286.40 0.89%20.00% Flood: 69 Bay Esplanade (Recreation Ctr)12,148.64 10,207.00 12,248.40 0.82%20.00% Flood: 3141-3157 Gulf to Bay (WPC-East)15,236.48 12,793.00 15,351.60 0.76%20.00% Flood: 651 N. Old Coachman Rd (Carp Field Club)1,244.32 1,463.00 1,755.60 41.09%20.00% Flood: 653 N. Old Coachman Rd (Carp Field Train) 1,163.68 1,039.00 1,246.80 7.14%20.00% Flood: 180 Gulfview (Lifeguard Bldg.) 15,441.44 13,123.00 15,747.60 1.98%20.00% Flood: 534 Mandalay Ave (Fire Station #46)12,374.88 12,157.00 14,588.40 17.89%20.00% Flood: 700 Bayway Blvd (Police Station)1,728.16 2,627.00 3,152.40 82.41%20.00% Flood: 1 Causeway Blvd (Bch Visitor Ctr.) 3,900.96 4,749.00 5,698.80 46.09%20.00% Flood: 1001 Gulf Blvd (Comm Sail) 1,264.48 1,476.00 1,771.20 40.07%20.00% Flood: 1605 Harbor Dr (Pollution Control Bldg.) 1,294.72 1,513.00 1,815.60 40.23%20.00% Total All Policies 674,955.18 666,213.54 700,762.37 Contingency 20,044.82 19,237.63 Total All Policies and Contingency 695,000.00 666,213.54 720,000.00 3.60%8.07% Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1551 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the Purchase Contract for the city purchase of former railroad right-of-way that bifurcates the Gas Administrative Complex at 400 North Myrtle Ave and 700 Jones St, Clearwater, with an estimated purchase price of $204,000 and total expenditures not to exceed $232,125 including survey services, closing costs and other ancillary expenses, together with all other instruments required for closing; approve the CSX Transportation. Inc. Temporary Right-of-Entry Agreement; and authorize the appropriate officials to execute same. (consent) SUMMARY: The subject property is owned by CSX Transportation, Inc. and was previously used as railroad right-of-way. The land is currently vacant and is no longer needed by CSX. The acquisition will combine two tracts of city-owned land of approximately 4.1 and 1.6 acres resulting in a single tract of approximately 6.2 acres. The purchase price is $9.00/sq. ft.; the subject parcel is approximately 22,651 sq. ft. for an estimated purchase price of approximately $204,000. However, the total purchase price will be adjusted based on a boundary survey to be obtained by the City. Additional expenses include erecting a fence along the boundary shared with CSX’s active railroad line. The land acquisition will allow Clearwater Gas System (CGS) to change the parking layout, add/move material storage and improve security of entire complex. It will allow CGS Propane tanker trucks to park closer to the fuel tanks, which are located on the 700 Jones St. parcel. Currently these large trucks must drive around the block, via Myrtle Ave., to enter the fueling yard. With the new property they will be able to re-fuel without having to leave the gas complex. The City obtained an independent appraisal performed by James Millspaugh and Associates, Inc. The appraiser valued the property at $7.50/sq. ft. or $170,000 with a valuation date of April 6, 2015. CSX reviewed the appraisal and responded with its opinion of value at $11.00/sq. ft. CSX and City staff negotiated a purchase price of $9.00/SF if closing occurs on or before December 1, 2015. If closing occurs after December 1 due to a delay by the City, then the purchase price shall be $11.00/sq. ft. The proposed CSX Transportation, Inc. Temporary Right-of-Entry Agreement will allow the City and its contractors the right to access the property to perform due diligence associated with the property acquisition. Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1551 APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase cost code 0-423-02064-560100-532 (Land Purchased - Municipal Use) by $232,125 to fund this purchase. This increase is offset by Gas Fund operating revenues. Acquisition Costs: Purchase price $204,000 + 10% variation due to survey results $20,400 Closing costs including title insurance $1,775 Survey services $2,950 Ancillary expenses $3,000 TOTAL $232,125 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/28/2015 PSA-Page 1 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx PURCHASE SALE AGREEMENT THIS AGREEMENT, hereinafter called the "Agreement", made and entered into by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose address is c/o CSX Real Property, Inc. - J915, 6737 Southpoint Drive South, Jacksonville, Florida 32216-6177, hereinafter called the "Seller", and the CITY OF CLEARWATER, FLORIDA a municipal corporation of the State of Florida, whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, hereinafter called the "Buyer", provides: 1. PURCHASE AND SALE: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell and Buyer agrees to buy the land or property rights shown or identified on Exhibit “A”, attached hereto and made a part hereof, (“Premises”), containing 0.46 acres, more or less, pursuant to and in accordance with the terms and conditions of this Agreement. The Premises is located in Clearwater, County of Pinellas, State of Florida. 2. PRICE: The purchase price for the Premises is NINE AND NO/100 U.S. DOLLARS ($9.00) per square foot, rounded up to the nearest hundred dollars, based upon the survey obtained by Buyer pursuant to Section 8.1. If Closing (as defined in Section 3.1 herein) occurs after December 1, 2015 due to delay by Buyer, the purchase price for the Premises is ELEVEN AND NO/100 U.S. DOLLARS ($11.00) per square foot, rounded up to the nearest hundred dollars, based upon the survey obtained by Buyer pursuant to Section 8.1.), (hereinafter the "Purchase Price"). 3. DEPOSIT: 3.1 A non-interest bearing deposit payable to the order of Seller in the amount of EIGHTEEN THOUSAND AND NO/100 U.S. DOLLARS ($18,000.00) (hereinafter the "Deposit") accompanies Buyer's execution of this Agreement. The balance of the Purchase Price shall be paid at settlement or closing of the transaction (hereinafter the "Closing"), in cash, by certified or cashier's check, or by other readily available funds acceptable to Seller. 4. OFFER, ACCEPTANCE, CONTRACT: 4.1 Until accepted by Seller, Buyer's offer to purchase the Premises (hereinafter the "Offer") as evidenced by its execution and delivery of this Agreement shall be a firm offer for a period of THIRTY (30) days from the date of Buyer’s acceptance of this Agreement. Seller’s acceptance of the Offer is to be evidenced by its execution of this Agreement (the “Execution Date”). Failure of Seller to accept Buyer's Offer and execute this Agreement within the above-mentioned period shall render the Offer null and void, and the Deposit shall be returned to Buyer. 4.2 This Agreement, when accepted by Seller, shall constitute a contract and the entire agreement between the parties hereto, and they shall not be bound by any terms, oral or written conditions, statements or representations not contained herein or attached hereto. 4.3 Neither the Buyer's Offer nor, upon its execution by all parties, this Agreement may be changed, altered or modified except by an instrument in writing signed by Buyer and Seller. 4.4 The Buyer's Offer and this Agreement shall be executed in duplicate, each of which may be treated as an original. PSA-Page 2 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx 5. CONTINGENCIES: 5.1 This Agreement is contingent upon the following events: a. Sections 7, 8, 10, 13 and 14 herein 5.2 The contingencies listed in Section 5.1 above must be satisfied or complied with by October 15, 2015 (the "Contingency Date"). If the contingencies listed in Section 5.1 are not satisfied or complied with by the Contingency Date, Buyer may, at Buyer's sole option, elect to terminate this Agreement by written notice to Seller given on or before the Contingency Date. If terminated, the Buyer shall be entitled to a refund of the Deposit, and Buyer shall furnish Seller with a copy of all materials and information (including but not limited to any engineering reports, studies, maps, site characterizations and/or zoning related materials) developed by Buyer during the term of this Agreement relating to the potential use or the physical condition of the Premises. If written notice to terminate is not given by Buyer to Seller on or before the Contingency Date, the option to terminate and the contingencies shall be deemed waived, the Deposit shall not be refunded to the Buyer, and Buyer and Seller will proceed to Closing in accordance with the remaining terms of this Agreement. 6. DEED: 6.1 As early as practicable after the Execution Date, Seller will prepare and submit to Buyer, for Buyer's comments, a form of deed in conformance with the terms of this Agreement to convey the Premises to Buyer. Buyer shall have a period of five (5) business days after receipt of said deed to examine same and notify Seller of any comments. If no comments are received within the five (5) day period, Buyer shall be deemed to have approved the deed in the form submitted. Seller shall have no obligation to modify the deed to conform to Buyer's comments if the deed otherwise conforms to the terms of this Agreement. 6.2 The conveyance shall be by quitclaim deed conveying all of Seller’s right, title and interest in the Premises, if any, but shall be expressly subject to: all existing roads, fiber optic facilities, public utilities; all matters of record; any applicable zoning ordinances and subdivision regulations and laws; taxes and assessments, both general and special, which become due and payable after the date of conveyance and which Buyer assumes and agrees to pay; all matters that would be revealed by a survey meeting applicable State minimum technical requirements or by an inspection of the Premises; the items or matters identified in Section 10.1 of this Agreement; and all existing occupancies, encroachments, ways and servitudes, howsoever created and whether recorded or not. The provisions of this Section shall survive Closing. 6.3 The deed shall contain one or more restrictive covenants, reading substantially as follows, to run with title to the Premises, and to be binding upon Buyer, Buyer's heirs, legal representatives and assigns, or corporate successors and assigns, or anyone claiming title to or holding the Premises through Buyer: Grantee acknowledges that the Premises conveyed hereunder has been historically used for railroad industrial operations and is being conveyed for use only as industrial or commercial property. Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall not use the Premises for any purpose other than industrial or commercial purposes and that the Premises will not be used for (a) any residential purpose of any kind or nature (residential use shall be defined broadly to include, without limitation, any use of the Premises by individuals or families for purposes of personal living, dwelling, or overnight accommodations, whether such uses are in single family residences, apartments, duplexes, or other multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any other dwelling use of any kind), (b) any public or private school, day care, or any organized long-term or short term child care of any kind, (c) any recreational purpose (recreational use shall be defined broadly to include, without limitation, use as a public park, hiking or biking trail, athletic fields or courts, or public gathering place), (d) any agricultural purpose that results in, or could potentially result in, the human consumption of crops or livestock raised on the property (agricultural purpose shall be defined broadly to include, without limitation, activities such as food crop production, dairy farming, livestock breeding and keeping, and cultivation of grazing land that would ultimately produce, or lead to the production of, a product that could be consumed by a human) or (e) the establishment of a mitigation bank and/or the sale, lease, license, PSA-Page 3 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx conveyance or in any way distribution of mitigation credits. By acceptance of this deed, Grantee further covenants that it, its successors, heirs, legal representatives or assigns shall not use the groundwater underneath the Premises for human consumption, irrigation, or other purposes. NO ACCESS: Grantee, by acceptance of this deed, covenants and represents that Grantee owns property adjoining the Premises and has access to the Premises through Grantee’s adjoining property or through other property not owned by Grantor. Grantee, on its behalf, its heirs, personal representatives, successors and assigns, releases Grantor, its successors and assigns, from any responsibility, obligation or liability to provide access to the Premises through land now owned or subsequently acquired by Grantor. Should Grantee ever convey the Premises, or any portion thereof, to a third party, Grantee will provide access to the Premises through Grantee’s adjoining property or through other property not owned by Grantor. Prior to commencement of any development or construction on the Premises, Grantee shall construct and maintain, at Grantee's sole cost and expense, an adequate and suitable fence along the southeasterly line of the Premises which adjoins Grantor's railroad track for so long as a railroad track exists on the adjoining railroad operating property. The fence shall be of a type satisfactory to Grantor and reasonably sufficient to keep persons and vehicles from trespassing on Grantor's adjoining operating property. DRAINAGE: Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall maintain the existing drainage on the Premises in such a manner as not to impair adjacent railroad operating property drainage and not to redirect or increase the quantity or velocity of surface water runoff or any streams into Grantor's drainage system or upon the adjacent railroad operating property or other lands and facilities of Grantor. If the Premises or existing drainage are modified or improved, Grantee agrees to construct and maintain, in accordance with all applicable statutes, ordinances, building and subdivision codes, covenants and restrictions, an adequate drainage system from the Premises to the nearest public or non-Grantor owned drainage or storm sewer system, in order to prevent the discharge of roof, surface, stream and other drainage waters upon railroad operating property or other adjacent lands and facilities of Grantor. Grantee acknowledges that this deed is made upon Grantee's solicitation and request, and was not in any way initiated by Grantor. Grantor does not represent or warrant to Grantee any ownership or estate in the Premises or any specific title or interest in the Premises, which constituted a strip of Grantor's former railroad operating property; and Grantee hereby releases Grantor, its officers and agents, from any claim or demand resulting from this deed, or from any failure of or defect in Grantee's title to the Premises. Grantee hereby agrees, as additional consideration for the conveyance of the Premises, subject to applicable law (constitutional or statutory), to defend, indemnify and hold Grantor harmless from and against any and all liability, loss, cost and/or expense, including reasonable attorney fees, arising out of or in connection with any and all suits or causes of actions instituted by third parties against Grantor or Grantee as a result of the conveyance of the Premises to Grantee or as a result of the failure of title to any portion of the Premises. NOISE, LIGHT, FUME, VIBRATION ABATEMENT: Grantee, its successors and assigns, by acceptance of this deed, hereby covenants and agrees with Grantor that Grantor shall not be required to erect or maintain any noise, light, fume or vibration abatement or reduction structure along any boundary lines between the Premises and the adjacent land(s) of Grantor or any other company affiliated with Grantor; or be liable for or required to pay any part of the cost or expense of erecting or maintaining such abatement or reduction structures or any part hereof; or be liable for any damage, loss or injury that may result by reason of the non-existence or the condition of any noise, light, fume or vibration abatement or reduction structures. Grantee assumes all liability and responsibility respecting noise, light, fume or vibration abatement or reduction structures and covenants not to sue Grantor, its successors or assigns for existence of the noise, light, fumes and vibrations from Grantor’s operations. Grantee acknowledges that the Grantor’s adjacent railroad operation is a 24-hour a day, seven day a week continuous operation that may create noise, vibration, light, smoke and other inconveniences. PSA-Page 4 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx Grantee and Grantor agree and acknowledge the covenants and easements contained in this Deed shall be covenants "in gross" and easements "in gross" which shall remain binding on Grantee, its successors, heirs, legal representatives and assigns regardless of whether Grantor continues to own property adjacent to the Premises. Grantee acknowledges Grantor will continue to have a substantial interest in enforcement of the said covenants and easements whether or not Grantor retains title to property adjacent to the Premises. 7. TITLE SEARCH, INSURANCE: 7.1 Buyer has the option of arranging and paying for such examination of title or title insurance on the Premises as Buyer may desire, at Buyer's sole cost. 7.2 Irrespective of whether Buyer obtains a title examination or insurance, Buyer shall, if Buyer closes on the Premises, accept the Premises in its AS-IS, WHERE-IS, WITH ALL FAULTS condition. The provisions of this Section shall survive Closing. 7.3 As information, Seller's source of title to the Premises is believed to be: GRANTOR DATE BOOK/PAGE City of Clearwater 12/15/1970 3473/909 This information is provided solely to assist Buyer in reviewing title to the Premises and is not intended to, and shall not be relied upon, by Buyer. 7.4 If, through an examination of title as provided in 7.1 above, title is found defective, Buyer may terminate this Agreement and Deposit shall be refunded to Buyer in accordance with Section 5.2 above. 8. SURVEY: 8.1 Buyer shall obtain a survey of the Premises conforming to applicable State minimum technical requirements at Buyer's expense. 8.2 By October 15, 2015 Buyer shall furnish Seller with a metes and bounds description of the Premises in electronic format, and three (3) prints of a survey plat acceptable to Seller and to the Recorder of Deeds for the County or City in which the Premises is located, certified to Buyer and Seller, for use by Seller in preparation of the deed and other papers. If Seller does not accept Buyer's Offer by executing this Agreement, Seller shall reimburse Buyer for the cost of the survey, and Buyer shall thereupon assign all rights therein and copies thereof to Seller. 9. CLOSING: Closing hereunder shall be held no later than December 1, 2015. Seller and Buyer agree that the Closing may occur via delivery of funds and closing documents or at such other place as may be mutually agreeable to Seller and Buyer. The time and date for Closing may be extended only by Seller in writing, time expressly being of the essence in this Agreement. 10. POSSESSION: Buyer shall obtain possession of the Premises at Closing, subject to the limitations, terms and conditions of Section 6 of this Agreement, and such other leases, licenses, easements, occupancies or other limitations which are identified by Section 10.1, or which are discovered by Seller during the term of this Agreement (which may not necessarily be stated in the deed), unless canceled by Seller or otherwise terminated (whether by notice, expiration, nonrenewal or any other reason) prior to Closing. 10.1 Seller believes that the Premises is currently subject to the following leases, licenses, easements, occupancies and/or limitations (which may or may not be of record): (i) Leases PSA-Page 5 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx - None (ii) Licenses - None (iii) Other Occupancies or Limitations - None (iv) Easements - None During the term of this Agreement, Seller will research its archives for, and shall advise Buyer if Seller discovers, any additional leases, licenses, easements, occupancies and limitations affecting the Premises. Likewise, during the term of this Agreement, should leases or licenses listed in (i) or (ii) above be determined to cover a continuing Seller obligation, said lease or license will be retained by Seller, after notice to Buyer. As to any items discovered as a consequence of such research, Seller may elect, in its sole discretion, to either cancel or otherwise terminate such items or, pursuant to Section 10.3, to assign or to partially assign, if such item is applicable to an area greater than the Premises, to the Buyer at Closing. Seller shall cancel or terminate, at or prior to Closing the following: N/A 10.2 INTENTIONALLY OMITTED 10.3 At Closing, Seller shall assign to Buyer, and Buyer shall assume, Seller’s right, title and interest in all items identified by Section 10.1, or which are subsequently discovered by Seller, unless canceled or otherwise terminated, at or prior to Closing. However, if such item is applicable to an area greater than the Premises, the Buyer shall be included as party to a partial assignment of the item(s), which may be executed after Closing. 10.4 If, prior to Closing, all or any portion of the Premises is taken by eminent domain (or is the subject of a pending taking which has not yet been consummated), Seller shall notify Buyer of such fact promptly after obtaining knowledge thereof and either Buyer or Seller shall have the right to terminate this Agreement by giving notice to the other not later than ten (10) days after the giving of Seller’s notice. If neither Seller nor Buyer elects to terminate this Agreement as aforesaid, there shall be no abatement of the Purchase Price and Seller shall assign to Buyer (without recourse) at the Closing the rights of Seller to the awards, if any, for the taking, and Buyer shall be entitled to receive and keep all awards for the taking of the Premises or such portion thereof. 10.5 If this conveyance involves sale of any buildings or structures on the Premises, Seller shall have no duty to insure Buyer's interest or to amend or alter Seller's existing insurance policy(ies), if any, to reflect Buyer's interest. Damage to or destruction of the buildings or structures shall not be grounds for Buyer to terminate this Agreement or to postpone Closing. Upon acceptance of the Offer by Seller, as evidenced by Seller's execution of this Agreement, the risk of damage to or destruction of the buildings or structures shall be borne by Buyer until Closing or other termination of this Agreement. This provision shall survive Closing or termination. 10.6 Buyer may, at its option and at its sole cost, secure a policy of Fire and Extended Coverage Insurance on the buildings or Structures, provided that Buyer’s liability for damage to or destruction of the buildings or structures during the term of this Agreement shall not be limited by the amount of such insurance. 11. ANNUAL TAXES; RENTS; LIENS; CHARGES: 11.1 All annual or periodic taxes or assessments on the Premises, both general and special, shall be prorated as of the Closing. Any proration shall be based on the taxes assessed against the Seller in the year of the delivery of possession to or entry by Buyer and shall allow the maximum discount permitted by law. If current taxes assessed against the Seller are not available at the time of Closing, Buyer and Seller agree to prorate taxes based upon the latest tax information available to the parties and equitably adjust the proration when taxes for the year of entry PSA-Page 6 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx or possession become available. 11.2 Any certified governmental assessments or liens for improvements on the Premises which are due and payable at the time of Closing shall be paid in full by Seller, and any pending liens or assessments for improvements not yet due and payable at Closing shall be thereafter paid in full by Buyer. 11.3 Any rents and license fees (individually in excess of $1,000.00 prorated amount on annual rental) accruing to the Premises shall be prorated at Closing, with rents and fees prior to the date of Closing retained by Seller. 12. TAXES ON TRANSFER; CLOSING COSTS: 12.1 Seller shall pay all transfer taxes, however styled or designated including all documentary stamps. Buyer shall pay recording costs or fees or any similar expense in connection with this Agreement, the conveyance of the Premises or necessary to record the deed provided that such fees or similar expenses do not include documentary stamps. 12.2 Buyer shall be solely responsible for and shall pay any reassessments or taxes generated by reclassification of the Premises resulting from conveyance of the Premises. 12.3 If any state or local governmental authority requires, presently or in the future, the payment of any sales, use or similar tax upon the sale, acquisition, use or disposition of any portion of the Premises, (whether under statute, regulation or rule), Buyer assumes all responsibility for and shall pay the same, directly to said authority, and shall hold Seller harmless from such tax(es) and any interest or penalty thereon. Seller shall cooperate (at no expense to Seller) with Buyer in the prosecution of any claim for refund, rebate or abatement of said tax(es). 12.4 Seller shall pay the cost of recording any release of Seller's mortgage(s) or lien(s). In the event Buyer finances any portion of the Purchase Price (whether through third parties or from Seller), Buyer shall pay all costs thereof, including recordation, intangible taxes, etc. 12.5 Buyer represents and warrants that neither it nor its officers, directors or controlling owners are acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; that neither it nor its officers, directors or controlling owners are engaged in this transaction, directly or indirectly, on behalf of, or facilitating this transaction, directly or indirectly, on behalf of, any such person, group, entity or nation; and that neither it nor its officers, directors or controlling owners are in violation of Presidential Executive Order 13224, the USA Patriot Act, the Bank Secrecy Act, the Money Laundering Control Act or any regulations promulgated pursuant thereto.” 12.6 The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds ten percent (10%) of the gross sales price. The primary exemptions which might be applicable are: (a) Seller provides Buyer with an affidavit under penalty or perjury, that Seller is not a "foreign person", as defined in FIRPTA, or (b) Seller provides Buyer with a "qualifying statement", as defined in FIRPTA, issued by the Internal Revenue Service. Seller and Buyer agree to execute and deliver as appropriate any instrument, affidavit and statement, and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated thereunder. Buyer and Seller shall each indemnify and hold harmless the other with respect to any financial loss caused by the indemnifying party’s failure to fulfill its obligations under this Paragraph. PSA-Page 7 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx 13. BUYER'S RIGHT OF ENTRY, ENVIRONMENTAL AND OTHER INSPECTIONS: 13.1 Subject to and upon compliance with the terms of this Section 13, during the term of this Agreement, Buyer and/or its agents may be permitted to access the Premises, subject to the rights of any tenant, licensee, utility or other third party occupying any portion of the Premises, in order to make surveys, make measurements, conduct environmental or engineering tests (including drilling and coring for preconstruction soil analysis), and to make such physical inspections and analyses thereof as Buyer shall deem necessary; PROVIDED, however, that Buyer, and/or its agents, subject to applicable law (constitutional or statutory), hereby assumes all risks of such entry and agrees to defend, indemnify and save Seller harmless from and against any claim, cost or expense resulting from any damage to or destruction of any property (including the Premises or any improvements thereon) and any injury to or death of any person(s), arising from the acts or omissions of Buyer and/or its agents in the exercise of this right-of-entry. Buyer agrees to do no act which would encumber title to the Premises in exercising this right-of-entry. Any drilling and coring holes shall be filled upon completion of testing. All investigation-derived waste, including without limitation drilling waste, ground water and cuttings, shall be promptly handled, characterized and disposed of properly and in accordance with all local, State and Federal requirements, all at Buyer’s sole cost. 13.2 Buyer shall give Seller ten (10) days prior written notice of any entry onto the Premises under this Section 13 and provide Seller with a schedule and scope of work for each of the activities Buyer proposes to undertake during such entry. Upon receipt of the foregoing, Seller reserves the right, in Seller’s sole discretion, to terminate this Agreement or if Seller permits the testing, Seller reserves the right to monitor and approve all procedures in the conduct of any environmental assessments, tests, studies, measurements or analyses performed by or for Buyer in, on, to or with respect to the Premises. Buyer may elect to test the Premises for environmental contamination. If Buyer elects to conduct such tests, Buyer shall provide in any contract or bids for site assessment or environmental inspections of the Premises a "confidentiality clause", limiting disclosure of the results and any report only to Buyer (or to Seller, upon request), subject to applicable law, including Chapter 119, Florida Statutes, and an “insurance clause,” requiring the company selected by the Buyer to perform the work to produce a certificate of insurance naming the Seller and Buyer as additional insured with the following coverage and limits:  General Liability (CGL) insurance with coverage of not less than FIVE MILLION DOLLARS ($5,000,000) Combined Single Limit per occurrence for bodily injury and property damage.  In addition to the above-described CGL insurance, if Buyer will undertake, or cause to be undertaken, any construction or demolition activity within fifty (50) feet of any Seller track or any Seller bridge, trestle or tunnel, then Buyer shall also purchase, or cause to be purchased, a policy of Railroad Protective Liability (RPL) insurance, naming Seller as the insured, with coverage of not less than FIVE MILLION DOLLARS ($5,000,000) Combined Single Limit per occurrence, with an aggregate of TEN MILLION DOLLARS ($10,000,000). Such policy must be written on ISO/RIMA form of Railroad Protective Insurance – Insurance Services Offices Form No. CG 00 35, including Pollution Exclusion Amendment CG 28 31. At Seller’s option, in lieu of purchasing RPL insurance (but not CGL insurance), Buyer may pay Seller a Construction Risk Fee, currently THREE THOUSAND DOLLARS ($3,000), and thereby be relieved of any obligation to purchase said RPL insurance.  Worker’s Compensation Insurance as required by the state in which the Work is to be performed. This policy shall include Employers’ Liability Insurance with a limit of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. Unless prohibited by law, such insurance shall waive subrogation against Seller.  Automobile Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering all owned, non-owned and hired vehicles. PSA-Page 8 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx Buyer shall also keep Seller fully apprised of the progress of, and procedures followed with respect to, all such environmental work; and fully cooperate with all reasonable requests of Seller in undertaking and carrying out such work. If requested by Seller, Buyer shall prepare split samples (which may then be separately tested at Seller’s sole option and cost) for delivery to Seller and shall deliver to Seller, at no cost to Seller, within five (5) days after receipt, copies of all results, assessments, reports and studies, whether of an environmental nature or otherwise, resulting from any tests or inspections conducted by Buyer pursuant to this Section 13 or otherwise in accordance with this Agreement. At or before Closing, Buyer shall provide Seller a reliance letter from Buyer's consultant, in form and substance reasonably acceptable to Seller, granting Seller the right to rely on the environmental data and reports generated as part of buyer's environmental due diligence, including without limitation, any Phase I and Phase II Environmental Site Assessment Reports. The reliance letter shall not impose any additional limitations or restrictions on Seller's reliance on said data and reports except as may be specified within the report documents themselves. 13.3 Buyer acknowledges that Seller makes no guarantee, representation or warranty regarding the physical or environmental condition of the Premises, and Seller expressly disclaims any and all obligation and liability to Buyer regarding any defects which may exist with respect to the condition of the Premises. 13.4 If environmental contamination of the Premises is revealed by the studies and tests conducted by Buyer pursuant to this Section 13, in an amount and/or concentration beyond the minimum acceptable levels established by current applicable governmental authorities, or, if Buyer is unwilling to accept the environmental condition of the Premises as a result of such tests or assessments, Seller's and Buyer's sole and exclusive remedy shall be to terminate this Agreement and refund the Deposit to the Buyer. Under no circumstances shall Seller be required to correct, remedy or cure any condition or environmental contamination of the Premises, which Buyer's tests and studies may reveal, as a condition to Closing or other performance hereunder. 13.5 Provided Seller does not elect to terminate this Agreement as provided herein, if Buyer elects not to secure environmental tests or inspections, or fails to terminate after receipt of test results, Buyer shall take the Premises "as is" at Closing; assumes all risks associated with the environmental condition of the Premises, regardless of the cause or date of origin of such condition; and releases all rights or claims against Seller relating to such condition or for any costs of remediation or cure of any environmental condition. Subject to applicable law, (constitutional and statutory), Buyer expressly assumes all obligations, liability and responsibility for physical and/or environmental conditions of the Premises, and agrees to defend, protect, indemnify and hold Seller harmless from any and all loss, damages, suits, penalties, costs, liability, and/or expenses (including, but not limited to reasonable investigative and/or legal expenses, remediation and/or removal costs), arising out of any claim(s), present, past or future, for (a) loss or damage to any property, including the Premises (b) injuries to or death of any person(s), (c) contamination of or adverse effects upon the environment (air, ground or water), or (d) any violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency, caused by or resulting from presence or existence of any hazardous material, hazardous substance, hazardous waste, pollutant or contaminant (including petroleum products) in, on or under the Premises or any migration, escape or leakage of such materials, substances, wastes, pollutants or contaminants therefrom. Buyer acknowledges that the provisions of this Section are deemed to be additional consideration to Seller and the condition of the Premises has been considered as part of the Purchase Price. 13.6 INTENTIONALLY OMITTED 13.7 INTENTIONALLY OMITTED 13.8 The Buyer’s environmental investigation shall be completed on or prior to the Contingency Date. 13.9 The provisions of this Article 13 shall survive Closing or termination of this Agreement. PSA-Page 9 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx 14. SUBDIVISION APPROVAL; ZONING: 14.1 Any subdivision approval needed to complete the transaction herein contemplated shall be obtained by Buyer at Buyer's sole risk, cost, and expense. Seller shall cooperate with Buyer in obtaining said approval, to the extent necessary or required, but Buyer shall reimburse Seller for any and all charges, costs and expenses (including portions of salaries of employees of Seller assigned to such project) which Seller may incur in such cooperation. 14.2 Seller makes no guarantee or warranty that any subdivision approval will be granted and assumes no obligation or liability for any costs or expenses if same is not approved. 14.3 Costs and expenses shall include all fees, including reasonable attorneys' fees, of obtaining subdivision plats, or filing same with the applicable governmental body(ies), or recordation thereof, including attorneys' fees, and all other related and/or associated items. 14.4 Seller makes no guarantee, warranty or representation as to the permissibility of any use(s) contemplated by Buyer under existing zoning of the Premises or as to any ability to secure any rezoning for Buyer's use. 15. BROKER'S FEES: The Buyer and the Seller each represent and warrant to the other that neither has introduced into this transaction any person, firm or corporation who is entitled to compensation for services as a broker, agent or finder. The Buyer and the Seller each agree to indemnify the other against and hold the other harmless from any and all commissions, finder's fees, costs, expenses and other charges claimed by real estate brokers or sales persons by, through or under the indemnifying party. Seller shall be under no obligation to pay or be responsible for any broker's or finder's fees, commissions or charges in connection with handling this transaction, or Closing. 16. ASSIGNMENT, LIMITS, SURVIVAL: 16.1 This Agreement may not be assigned by Buyer without the prior written consent of Seller. 16.2 As limited above, this Agreement shall be binding upon the parties, their successors and permitted assigns, or upon their heirs, legal representatives and permitted assigns, as the case may be. 16.3 Any provision calling for obligations continuing after Closing or termination of this Agreement shall survive delivery of the deed and not be deemed merged into or replaced by any deed, whether or not the deed so states. 17. DEFAULT: 17.1 In the event of a default by Buyer under this Agreement (including, but not limited to payment of the Deposit within the time specified), Seller may elect to terminate this Agreement by delivery of notice to Buyer and to retain the Deposit and any other money paid by Buyer to or for the account of Seller, as agreed-upon liquidated damages in full settlement of any and all claims arising under or in any way related to this Agreement. 17.2 In the event of a default by Seller under this Agreement, Buyer’s sole and exclusive remedy shall be to terminate this Agreement by delivery of notice to Seller and to receive an immediate return of the Deposit and reimbursement for any reasonable third-party expenses incurred by Buyer pursuant to this Agreement, not to exceed $10,000, as agreed-upon liquidated damages in full settlement of any and all claims arising under or in any way related to this Agreement. Buyer irrevocably waives any and all right to pursue specific performance of this Agreement or any other legal or equitable remedy otherwise available to Buyer. 17.3 Upon the termination of this Agreement pursuant to this Article 17, Buyer and Seller shall be PSA-Page 10 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx relieved of all obligations under Agreement, including the duty to close, other than (a) any liability for breach of any of the provisions of Section 13 shall remain as obligations of Buyer and (b) Buyer shall furnish Seller with a copy of all materials and information (including but not limited to any engineering reports, studies, maps, site characterizations and/or zoning related materials) developed by Buyer during the term of this Agreement relating to the potential use or the physical condition of the Premises. 17.4 “Default” shall include not only the failure to make prompt payment of any sums when due under this Agreement, but also the failure to fully and timely perform any other acts required of Buyer under this Agreement. 18. NOTICES: 18.1 Notice under this Agreement shall be in writing and sent by Registered or Certified Mail, Return Receipt Requested, or by courier, express or overnight delivery, and by confirmed e-mail. 18.2 The date such notice shall be deemed to have been given shall be the business day of receipt if received during business hours, the first business day after the business day of receipt if received after business hours on the preceding business day, the first business day after the date sent by courier, express or overnight ("next day delivery") service, or the third business day after the date of the postmark on the envelope if mailed, whichever occurs first. 18.3 Notices to Seller shall be sent to: CSX Transportation, Inc. C/o CSX Real Property, Inc. - J915 6737 Southpoint Drive South Jacksonville, FL 32216-6177 Attn: John Blanton (Transaction Specialist) E-mail: John_Blanton@csx.com Phone: (904)279-3817 Notices to Buyer shall be sent to: City of Clearwater Attn: Charles Lane, Real Estate Services Coordinator P.O. Box 4748 Clearwater, Florida 33758-4748 Email: Charles.Lane@myclearwater.com Phone: (727)562-4754 18.4 Any party hereto may change its address or designate different or other persons or entities to receive copies by notifying the other party in a manner described in this Section. 19. RULES OF CONSTRUCTION: 19.1 In this Agreement, all singular words shall connote the plural number as well as the singular and vice versa, and the masculine shall include the feminine and the neuter. 19.2 All references herein to particular articles, sections, subsections or clauses are references to articles, sections, subsections or clauses of this Agreement. 19.3 The headings contained herein are solely for convenience of reference and shall not constitute a PSA-Page 11 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx part of this Agreement nor shall they affect its meaning, construction or effect. 19.4 Each party hereto and its counsel have had the opportunity to review and revise (or request revisions of) this Agreement, and therefore any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement or any exhibits hereto or amendments hereof. 19.5 This Agreement shall be governed and construed in accordance with the laws of the state in which the Premises is located, without regard to conflict of law rule. 20. TIME OF ESSENCE: Time shall be considered of the essence both to the Buyer and the Seller for all activities undertaken or required pursuant to this Agreement. 21. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW PSA-Page 12 Revised June 2014 SITE ID: FL-103-1021831 PIN: 12103-0094 AV/July 8, 2015 S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\PSA & Negotiations\PSA clean 18AUG2015_v3.docx IN WITNESS WHEREOF, the Buyer has caused this Agreement to be signed the ________ day of ____________________, 20____, in duplicate, each of which shall be considered an original. CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________________ By: __________________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: ___________________________________ ______________________________________ Laura Lipowski Mahony Rosemarie Call, City Clerk Assistant City Attorney NOTICE OF SELLER'S ACCEPTANCE Buyer's Offer to purchase the Premises is accepted by Seller this ______ day of _______________, 20___. WITNESS(ES): CSX TRANSPORTATION, INC. ___________________________ By: _______________________________________ Print Name: ________________________________ Print Title: _________________________________ ____________________________ " THIS RAILROAD MAP EXHIBIT GRAPHICALLY REPRESENTS APROPOSED REAL ESTATE TRANSACTION. IT MAY NOT REFLECTCURRENT "ON THE GROUND" CONDITIONS AND/OR ACTUAL LOCATIONS OF FEATURES. ALL DIMENSIONS, OFFSET DISTANCES,AREA CALCULATIONS AND MEASUREMENT NOTATIONS SHOWNON THIS EXHIBIT ARE APPROXIMATE. Engineering Mileposts CSX Operating Track CSX Ownership/Rights SITE: FL-103-1021831 PIN#: 12103 0094 PROPOSED SALEPINELLAS COUNTY - CLEARWATER, FL STATE: FL REVISED: CSX TRANSPORTATION, INC. CITY: CLEARWATERCOUNTY: PINELLAS SCALE: VAL SECT:V12FL MAP#:S33A GIS#: 03852 0 100 20050 Feet EXHIBIT "A" Site Boundary 50' FromCenterline of Nearest TrackProposed Sale0.46 ± Acres S:\PIN\FL12\FL103 PINELLAS CO\103-0094\FL-103-1021831\EXHIBITS\FL-103-1021831_EXHIBIT-A.MXD MILE POST SY 874.28 - SY 874.38JACKSONVILLE DIVISIONCLEARWATER SUBDIVISION 1 " : 100 ' Site Boundary 50' FromCenterline of Nearest Track DATE: 6/11/2015 DRAWN BY: V5180 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1608 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a Consulting Services Agreement and Purchase Order with Black and Veatch Corporation, in the amount of $350,000, for the period September 8, 2015 through August 30, 2020, for an independent audit of Clearwater Gas System’s utility operations and authorize the appropriate officials to execute same. (consent) SUMMARY: Black and Veatch will conduct an audit of Clearwater Gas System’s (CGS) existing documentation and utility processes. Primary areas of review will be Compliance/regulatory-based documentation (i.e., FL Public Service Commission mandated items), Management/organizational structure, Engineering operations and utility-owned infrastructure. The scope of work will be performed in two phases, where Phase I will be a high-level assessment of each individual area and Phase II will consist of more detailed work to fill any gaps and ensure regulatory compliance in existing methodologies and work processes. Phase I work is estimated to start in September 2015 and continue through January 2016. Phase II work will begin January 2016 and continue through August 2020. The budget for both Phases is $300,000; however, expenses are not included in this amount. A detailed report, at the end of both Phase I and II, will be generated that summarizes Black and Veatch’s findings. Black and Veatch was selected based on their Request for Proposal (RFP 30-15) submittal. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in cost code 0-423-02179-530100-532-000-0000 (Other Gas Regulatory) to fund this project. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 -1- CONSULTING SERVICES AGREEMENT This Agreement, effective September___, 2015is between the CITY OF CLEARWATER, FLORIDA (‘Client”), a municipal corporation of the State of Florida, d/b/a Clearwater Gas System, located at 100 S. Myrtle Ave., Clearwater, Florida 33756 ("Client") and BLACK & VEATCH CORPORATION, a Delaware corporationwith offices at 11401 Lamar, Overland Park, KS 66211 ("Consultant"). WHEREAS, Client issued an Request For Proposal called the City of Clearwater, Gas Utility –Consultant of Record RFP #30-15 ("RFP"), seeking proposals for certain services ("Services") to be performed as provided for therein;and WHEREAS, Consultant responded to said Request for Proposal and desires to perform the Services in accordance with Consultant's response as described in Exhibit "A", attached hereto and incorporated herein; and NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: The foregoing recitals are true and correct and are incorporated herein by this reference for all purposes. 1.Consultant will perform the Services in accordance with the standards of care and diligence normally practiced by recognized consulting companies in performing services of a similar nature. If, during the six-month period following the earlier of termination or completion of the Services under the applicable Request for Service, it is shown there is an error in the Services caused solely by Consultant's failure to meet such standards, and Client haspromptly notified Consultant in writing of any such error within that period, Consultant shall perform, at Consultant's cost, such corrective consulting services within the original Request for Service as may be necessary to remedy such error. 2.Reports and other documents which Consultant prepares and delivers to Client pursuant to this Agreement shall become the property of Client when Consultant has been compensated for Services rendered. Nothing contained in this Section shall be construed as limiting or depriving Consultant of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. Consultant shall have the right to retain and use copies of drawings, documents, and other data furnished or to be furnished by Consultant and any non-confidential information contained therein. Rights to Consultant's intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. Client shall not acquire any rights to any of Consultant's, its subcontractors' or vendors' proprietary computer software that may be used in connection with the Services except as expressly provided in the Request or as may be separately agreed to in writing. Files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. -2- Consultant makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between any specifications, reports, or other documents and the electronic files, the original will govern. 3.Documents, including, but not limited to, drawings, specifications, reports and computer software prepared by Consultant pursuant to this Agreement, are instruments of service in respect to the project. They are not intended orrepresented to be suitable for reuse by Client or others on extensions of the project or on any other project. Any reuse without prior written approval, and verification or adaptation by Consultant for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Consultant. Any approval, and verification or adaptation of the original documents will entitle Consultant to additional compensation at rates customarily charged by Consultant for such services, as agreed to in writing by the parties hereto. Client is hereby contracting for, and purchasing, a Final Report from Consultant which contains the sum total of Consultant's Services under this Agreement. Any information shared with the Client prior to the release ofthe Final Report is superseded by the Final Report. As such, Client may not rely on emails, drafts, or oral statements made prior to the issuance of the Final Report. Consultant may, at its sole discretion, include the following (or similar) statement in the Final Report when delivered to Client by Consultant. "This report is intended solely for review by City of Clearwater/Clearwater Gas System (hereinafter "Client"). Black & Veatch Corporation ("Black & Veatch") does not intend that any third party haveaccess to, rely on, or utilize, any of the information enclosed herein. Reliance on the information herein by any such third party would be unreasonable and is strictly prohibited. Black & Veatch owes no duty of care to any third party and none is createdby this report. This report was prepared for Client by Black & Veatch and is based on information not within the control of Black & Veatch. Black & Veatch has assumed that the information both verbal and written, provided by others is complete and correct; however. Black & Veatch does not guarantee the accuracy of the information, data, or opinions contained herein. Use of this report, or any information contained therein, by a third party shall constitute a waiver and release of Black & Veatch from and against all claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages, in connection with such use. In addition, use of this report, or any information contained therein by a third party, shall constitute agreement to defend and indemnify Black & Veatch from and against any claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages in connection with such use. The benefit of such releases, waivers, or limitations of liability shall extend to the related companies, and subcontractors of any tier of Black & Veatch, and the directors, officers, partners, employees, and agents of all released or indemnified parties. Black & Veatch shall have no liability to a third party for any losses or damages arising from or in any way related to the Report and/or the information contained therein. Such express -3- waiver of liability by the third party shall include all claims which the third party may allege in connection with Black & Veatch's Report including, but not limited to, breach of contract, breach of warranty, strict liability, negligence, and/or negligent misrepresentation. The preceding two paragraphs are intended to, and shall serve as, notice to third parties and shall have no binding effect on Client." Client's distribution of the Final Report to a third party shall be at its own risk. Client may only distribute the complete report, including the above statement, to the third party. 4.Consultant shall maintain in force, during the period that Services are performed, workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services and employer's liability insurance with a limit of $500,000 each occurrence and in the aggregate. Consultant also shall maintain commercial general liability insurance with a limit of $1,000,000 per occurrence and in the aggregate; automobile liability insurance with combined single limit of $1,000,000; and professional liability insurance with per occurrence and aggregate limits of $1,000,000. The City of Clearwater shall be named as an additional insured on, the commercial general liability and auto liability policies. 5.Consultant shall indemnify Client against any and all claims, demands and causes of action for bodily injury to or death of persons or for damage to or destruction of property resulting from any and all negligent acts of Consultant while performing the Serviceswithin the scope of this Agreement. 6.In performance of the Services, it is acknowledged that Consultant may be supplied with certain information and/or data by Client and/or others, and that Consultant will rely on such information. Therefore, the accuracy of such information is not within Consultant's control and Consultant shall not be liable for its accuracy, nor for its verification unless otherwise provided in the Request. Consultant's opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of any sort, and events shall be made on the basis of available information and Consultant's expertise and qualifications as a professional. Consultant does not warrant or guarantee that opinions, estimates, projections or forecasts will not vary from actual outcomes. Consultant shall perform Services within the timeframe and at costs as provided for herein. 7.Client may, with or without cause, terminate the Services at any time upon 10 working days written notice to Consultant. In such case, Consultant shall be paid actual costs incurred and fees earned to the date of termination and through demobilization. At all times, each party shall retain all of its rights in its drawing details, designs, specifications, databases, computer software, copyrights, trade and service marks, patents, trade secrets, and any other proprietary property. 8.Client may audit and inspect Consultant's records and accounts, and Consultant shall make all records and accounts available, as provided bylaw, including but not limited to, Public Records requirements of the Florida Statutes under Chapter 119. The purpose of any such audit shall be only for verification of such costs or for purposes as permitted or required by law. -4- 9.This Agreement and/or the Services to be provided hereunder are not assignable. Provided however, Consultant may subcontract portions of the Services to its related entities. 10.During the term of this Agreement, and for a period of six months following any termination or expiration hereof, Client agrees that it will not, hire, or solicit any employee of Consultant who performed services hereunder, to become employees or independent contractors of Client or such other person or entity, excluding employees who are responding to a general solicitation for employment advertised by Client. 11.This Agreement and the attached Exhibits constitute the entire Agreement. No other representations of any kind, oral or otherwise, shall have any effect. This Agreement shall be governed by the laws of the state of Florida, notwithstanding the operation of any conflict or choice of law statutes or decisional law to the contrary. 12.Failure of any party hereto to exercise any right given hereunder or to insist upon strict compliance with regard to any term, condition or covenant specified herein, shall not constitute a waiver of that party's right to exercise such right or to demand strict compliance with any term, condition or covenant under this Agreement. 13.Notice shall be in writing to the addresses provided above and shall have been deemed to have been given as of the date such notice is (i) delivered to the party intended, (ii) delivered to the then designated address of the party intended, (iii) rejected at the then designated address of the party intended, provided such notice was sent prepaid, or (iv) sent by nationally recognized overnight courier with delivery instructions for "next business day" service, or United States certified mail, return receiptrequested, postage prepaid and addressed to the then designated address of the party intended. BLACK & VEATCH CORPORATION By: By: (Printed) Title: (Printed) -5- Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Legal PM Approved Approved Reviewed Date Date www.myclearwater.com Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 9/2014 REQUEST FOR PROPOSALS GAS UTILITY - CONSULTANT OF RECORD # 30-15 May 27, 2015 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, June 26, 2015, to provide GAS UTILITY - CONSULTANT OF RECORD. Brief Description: The City of Clearwater desires a consulting firm to conduct an independent review of Clearwater Gas System’s natural gas distribution utility (to include our jurisdictional Liquefied Petroleum loop systems), evaluate existing documentation and processes and provide a comprehensive review. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at www.myclearwater.com. Please read the entire solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal. Questions concerning this solicitation should be directed, IN WRITING, to the following contact: General, Process or Technical Questions: Alyce Benge, CPPO, C.P.M. Purchasing Manager Finance Department Fax 727-562-4535 Alyce.Benge@myclearwater.com INSTRUCTIONS Gas Utility – Consultant of Record 2 RFP # 30-15 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: Friday, June 26, 2015 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted, and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting Purchasing. i.5 PROPOSAL FIRM TIME: 90 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS Gas Utility – Consultant of Record 3 RFP # 30-15 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.11 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.12 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. INSTRUCTIONS Gas Utility – Consultant of Record 4 RFP # 30-15 Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 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. i.15 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. INSTRUCTIONS Gas Utility – Consultant of Record 5 RFP # 30-15 i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Gas Utility – Consultant of Record 6 RFP # 30-15 i.21 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates four categories of information: responsiveness, responsibility, the technical proposal and price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) Price. Each proposal’s pricing will be scored based on the formula cited below to determine the evaluation point value for Price. e) If less than (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Experience of Consultant in public sector utility compliance and ability to meet the defined scope of work (minimum of five (5) years experience federal projects, two (2) years experience with state projects) 30 Qualifications of the Project Team 20 Project approach, methodology and satisfactory schedule for completion 30 References: three (3) required 10 Cost of Proposal: total sum of all tasks of Exhibit A 10 Lowest Proposal Cost X Price Points Possible = Pricing Score Proposal Cost being evaluated INSTRUCTIONS – EVALUATION Gas Utility – Consultant of Record 7 RFP # 30-15 i.23 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short- listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.24 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on-site at a City location upon request. i.25 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals. Therefore, proposer should submit their best offer based on the terms and conditions set forth in this solicitation. i.26 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.27 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.28 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 Purchasing website at www.myclearwater.com/cityprojects/ to view relevant RFP information and notices. i.29 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: May 28, 2015 Advertise Tampa Bay Times: May 29, 2015 Responses due: June 26, 2015 Review proposals: June 29 – July 3, 2015 Presentations (if requested): Week of July 13, 2015 Award recommendation: July 17, 2015 Council authorization: August 20, 2015 Contract begins: September 2015 TERMS AND CONDITIONS Gas Utility – Consultant of Record 8 RFP # 30-15 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Gas Utility – Consultant of Record 9 RFP # 30-15 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Gas Utility – Consultant of Record 10 RFP # 30-15 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recoding of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: TERMS AND CONDITIONS Gas Utility – Consultant of Record 11 RFP # 30-15 (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly TERMS AND CONDITIONS Gas Utility – Consultant of Record 12 RFP # 30-15 involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable TERMS AND CONDITIONS Gas Utility – Consultant of Record 13 RFP # 30-15 assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Purchasing Department for resolution. Supplements may be written to the contract for the addition or deletion of services. TERMS AND CONDITIONS Gas Utility – Consultant of Record 14 RFP # 30-15 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Gas Utility – Consultant of Record 15 RFP # 30-15 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 108,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was named “Florida’s Best Beach Town 2013” by USA Today and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion picture” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PROJECT GOAL. Completion of a comprehensive independent review of the Clearwater Gas Systems’ natural gas distribution utility through the evaluation of existing documentation and established processes to identify and report any potential problems or missing components in order to provide corrective action measures or recommendations for improvement. 3. BACKGROUND. The City of Clearwater, d/b/a Clearwater Gas System (CGS), owns and operates a natural gas distribution system within portions of Pinellas and Pasco County, Florida. CGS has approximately 870 miles of distribution gas mains that operates between 8 – 60 PSI and serves approximately 18,000 natural gas customers and 2,000 propane customers over a 330 square mile service territory. CGS generally serves natural gas to north Pinellas County (north of Ulmerton Rd) and Southwest Pasco County (Pinellas/Pasco county line to State Rd 52 and Ehren Cutoff Rd). In addition, CGS serves the beach communities from Clearwater down to Redington Beach, Exhibit B – CGS Overview is attached. 4. SCOPE OF WORK. The awarded Consultant will conduct an independent review of Clearwater Gas Systems’ natural gas distribution utility. The review shall include the evaluation of existing documentation and processes to identify and report any potential problems or missing components. The requirement of each task element is indicated on Exhibit A – Scope of Work / Task Requirements. The consultant will be expected to provide draft and final reports and attend meetings as specified for each task. The Consultant shall propose reasonable schedules for commencement and completion of all tasks. Estimated term of the project is five (5) years. The City shall be the sole owner of all information, materials, and documents produced as a result of this Contractor. Auditor shall deliver said information, materials, and documents to the City before Auditor receives final payment. 5. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience in Response Elements, Item 2, Tab 2, Qualifications (Abilities, Experience and Expertise). With the Qualifications statement, a minimum of three (3) references, preferably from other public entities for which similar services have been provided, are required. Consultant must demonstrate the following minimum qualifications: • Five (5) years experience working with natural gas utilities on Federal gas pipeline regulations (Title 49, CFR 192) • Experience working with Florida-based utilities on natural gas regulations (FL Administrative Code 25-12 & 25-7) DETAILED SPECIFICATIONS Gas Utility – Consultant of Record 16 RFP # 30-15 6. INSURANCE REQUIREMENTS. The Contractor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage including but not limited to, premises operations, products/completed operations, products liability, contractual liability, personal injury and advertising injury in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate, and $2,000,000 (two million dollars) products/completed operation aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable ENDORSEMENTS) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial Liability Insurance policy. In addition when requested in writing from the City, DETAILED SPECIFICATIONS Gas Utility – Consultant of Record 17 RFP # 30-15 Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #30-15 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. 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/Contract. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Gas Utility – Consultant of Record 18 RFP # 30-15 1. CONTRACT TERM. September 2015 – August 2020. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. PRICES. All pricing shall be firm for the term 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. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. c. No fuel surcharges will be accepted. RESPONSE ELEMENTS Gas Utility – Consultant of Record 19 RFP # 30-15 1. PROPOSAL SUBMISSION - Submit one (1) signed original with five (5) copies of the proposal, and one (1) electronic format copy (disc or thumb drive), in a sealed container. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 - Qualifications. (Abilities, Experience and Expertise) 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. d. Experience – A minimum of five (5) years working with natural gas utilities on Federal gas pipeline regulations (Title 49, CFR 192) and experience working with Florida-based utilities on natural gas regulations (FL Administrative Code 25-12 & 25- 7) shall be provided and explained. 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. a. Resumes, including relevant experience may be included. b. It is expected that the firm submitting a proposal will perform work with their personnel. If subcontractors will be used, all requested information must be provided for the subcontractor’s firm and personnel as well. TAB 3 - Program Description and Method of Approach. Clearly define the program offered and your method of approach to include, but not limited to the following elements: 1. Project Approach – Provide a detailed discussion of the consultant’s understanding of the City’s needs, scope of work, proposed project approach, and project management techniques to ensure the project meets stated objectives, stays within budget, and is completed on schedule. Outline key steps and actions that will be taken to effectively complete the scope of work. 2. Project Plan: Provide a detailed and specific work plan that provides the implementation plan and outlines how all mandatory requirements will be addressed. The plan must define the phases, milestones, activities, tasks, task duration, deliverables, and task dependencies. Proposer must provide a comprehensive narrative that sets out the methodology and management plan they intend to employ and illustrate how their methodology will serve to accomplish the work described in this solicitation. Proposer must explain the information collected and stored and cataloged for future use by the Department. Any requirements for implementation by Department personnel must be clearly stated in the technical proposal. RESPONSE ELEMENTS Gas Utility – Consultant of Record 20 RFP # 30-15 3. Project Schedule - Provide a project completion schedule incorporating the required reports and meetings per Exhibit A – Task Requirements. Include all information the proposer expects each utility to provide in the project completion schedule. 4. Reporting / Work Product – Provide a recent sample report completed for a similar public utility. TAB 4 - Pricing and Compensation Forms. The cost portion of the proposal should include the following elements: 1. Provide separate not-to-exceed costs for each of task requirements as indicated in Exhibit A. The not-to-exceed cost for each study should include all travel, food, and lodging costs, and other out-of-pocket costs, as these will not be reimbursed separately. Include a not-to-exceed lump sum total for the five (5) year project. 2. Provide hourly rates for related consulting by Project Team members outside the scope of work requirements. Indicate applicable cost inflation factors to be applied to hourly rates annually. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Company Information form 3. Offer Certification form 4. Copies of licenses and/or certifications, as required 5. W-9 Form. All responses should include a fully completed, most current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Gas Utility – Consultant of Record 21 RFP # 30-15 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: COMPANY INFORMATION Gas Utility – Consultant of Record 22 RFP # 30-15 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: OFFER CERTIFICATION Gas Utility – Consultant of Record 23 RFP # 30-15 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Gas Utility – Consultant of Record 24 RFP # 30-15 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 30-15, Gas Utility – Consultant of Record Due Date: Friday, June 26, 2015 at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 30-15, Gas Utility – Consultant of Record Due Date: Friday, June 26, 2015 at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ EXHIBIT A SCOPE OF WORK / TASK REQUIREMENTS RFP # 30-15, Gas Utility Consultant of Record Gas Utility – Consultant of Record 1 RFP # 30-15 The Consulting firm shall conduct an independent review of Clearwater Gas System’s natural gas distribution utility (to include our jurisdictional Liquefied Petroleum loop systems), evaluate the existing documentation and process and identify and report any potential problems or missing components. The Consultant will review the following areas of CGS’s operations and complete the tasks required, in the following order of importance: 1. Operations & Maintenance (O&M) Manual o First area to be evaluated o Verify all sections are complete and in compliance with Title 49, Code of Federal Regulations, Part 192.605 (49CFR 192.605) o Assistance in completing the appropriate updates to the O&M manual for Annual Public Service Commission audit. o Review the current Gas emergency Dispatch training format and recommend any needed improvements 2. Damage Prevention Plan o Review and determine if existing plan meets the requirements of 49CFR 192.614 o Review 3rd party Fee Recovery Process 3. Emergency Plan o Review and determine if existing plan meets the requirements of 49CFR 192.615 o Develop an effective mock drill exercise plan for the first responder agencies 4. Public Awareness Plan (PAP) o Review and determine if existing plan meets the requirements of 49CFR 192.616 o Develop and Incorporate a recognized method to demonstrate effectiveness 5. Operator Qualification (OQ) Program o Review and determine if existing plan and training meets the requirements of Subpart N of 49CFR 192 6. Distribution Integrity Management Plan (DIMP) o Review and determine if existing plan meets the requirements of Subpart P of 49CFR 192 o Develop methodology to track installed upstream of the meter materials 7. Material Specifications o Develop a manual that contains all standardized approved materials and equipment (tools) to be used in our gas distribution system 8. Safety Plan o Work with our Safety Coordinator to review existing safety plan and procedures o Review gas leak response timelines to recognized standards 9. Hurricane Preparedness Plan o Review existing plan and make recommendations 10. Drug Testing Program o As required by 49CFR 199 o Review the contractor quarterly testing compliance reports and notification process 11. Utility Rate study o Review and update every two (2) years EXHIBIT A SCOPE OF WORK / TASK REQUIREMENTS RFP # 30-15, Gas Utility Consultant of Record Gas Utility – Consultant of Record 2 RFP # 30-15 12. Computer technology/Field automation o Review the following software systems currently in place  Oracle Work Asset Management system  GIS mapping  Cayenta Utility/Customer billing system o Cyber security issues  Review vulnerability to attack and appropriate action to protect utility enterprises 13. Warehouse/Inventory control o Review current inventory control systems o Tracking of Manufacturer information 14. Meter shop Operations o Review our meter testing procedures and field on site testing applications o Compare all other gas meter policies & procedures to the FL Administrative Code, Chapter 12 – 7 15. Engineering/Design o Procedures for determining correct pipe diameter for gas main extensions o Review current gas system for gas flow orifice restrictions and potential Gate Station expansion/upgrades. 16. Gas Supply reports o Review the process for filling out the following annual reports:  PHMSA 7100 (Distribution report)  EIA-176 (Gas supply/disposition)  EIA-886 (Alternative fuel vehicles)  EPA - Greenhouse Gas Emission reports 17. Dept of Homeland Security o Compliance with the National Incident Management System (NIMS) training o Continuity of Service evaluation o Liquefied Petroleum (LP) hazmat training 18. American Petroleum Institute (API) o Review “Recommended Practices” and comment on any areas that may negatively impact the natural gas industry 19. Strategic Planning o Develop a long term (10 year) Strategic Plan for Clearwater Gas System REPORTING PROCESS 1. Consultant will generate report(s) summarizing the findings for each of areas listed above and prioritize all corrective action measures and any recommendations for CGS. 2. Consultant will present their reports to the CGS management team and provide an Executive Summary/Annual Report to our City Manager’s office. All reports will be delivered based on a schedule agreed to by the City and the Auditor. 3. CGS representatives will be available to assist the Consultant at any time during these evaluations. 4. After the completion of the initial evaluation (12 month timeframe) of each area the Consultant will perform annual follow-up evaluations (four [4] total) to verify all processes and procedures remain in compliance. [GM09-2064-017/172576/1]-1- EXHIBIT A To The CONSULTING SERVICES AGREEMENT Between CITY OF CLEARWATER, FLORIDA (“Client”) and BLACK & VEATCH CORPORATION (“Consultant”) Pursuant to the terms and conditions of the Consulting Services Agreement executed and made effective as of the ___dayof September2015between City of Clearwater, Florida ("Client") and Black & Veatch Corporation ("Consultant"), Client hereby requests Consultant perform and Consultant agrees to perform the following Services: Effective Date: This Exhibit A will be effective on September__, 2015. A.Requested Services: The Client desires the services of an outside consultant to conductan independent review of its natural gas distribution utility (Clearwater Gas) to include Liquefied Petroleum loop systems, evaluate the existing documentation for topical areas and processeslisted belowand identify and report any potential risks or missing components. Client retains the right, at its sole discretion, to determine the scope of the services required hereunder, or those which may be omitted from the scope of services, as may be amended from time to time. SCOPE OF WORK Black & Veatch will providetotheClearwaterGas anindependent review ofexisting documentationand processes of the gas utility’s operationsto give a high-level view of the overall healthof the utility’s operations including its infrastructure, computertechnologiesand the utility’s ability to operate, maintain and sustain the system safely and prudently. The Scope of Work will be performed in two (2) phases: The objectives of the Phase1 initial assessmentare to identify and report any potential problems or missing components among the documents processes for Clearwater Gas Systemand make recommendations for remediation including potential solutions and suggested timeframe to remediate.Topical areas to be reviewed during Phase1 are listed below. Phase 2 objectives are to fill gaps and/or ensure regulatory compliance in existing methodologies, processes anddocuments for the topical areasreviewed as part of Phase1,and to perform when requested by Clearwater Gas,additional elements of work listed under Phase2. Areas to be reviewed under Phase1 typicallyinclude: Operations [GM09-2064-017/172576/1]-2- •Review of O/M, Emergency Response procedures •Adherence to procedures, regulations, best industry practices •Leak response times •Review of past incidents •Knownregulatory compliance issues •Use of Technology review •Customer billing system •Warehouse/Inventory control Management •Organizational structure •Management team •Review of CAPEX, OPEXbudgets-5 years •Employee experience, turnover •Aging workforce issues •Transition plans •Safety record Engineering/Regulatory •Standards/Best Practices/Procedures •Replacement Program Methodology •Coordination with Operations Personnel •Procurement Process •Review of Regulatory Programs (including as applicable Distribution Integrity Management, Public Awareness, Operator Qualification, Drug/Alcohol programs, etc.) Infrastructure •Age and Material Type •Replacement/System Improvement Programs •Lost and Unaccounted for Percentage-5 years •Leak History-5 years •Cathodic Protection History-5 years •3rd party damages •Known system issues •Site visits to key facilities PROJECT APPROACH To facilitate the Project Scope of Work as described above, Black & Veatch will perform the following two (2) phases of work: Phase1: Initial (High-Level)Assessment Upon notice to proceed, Black & Veatch will initiate work on an initial high-level assessment of Clearwater GasSystem. Task1: Project Kick-Off Conference call Black & Veatch will schedulea conference call with the Clearwater Gasto review the project objectives, complete anoverview of scope of activities and establish a project timeline [GM09-2064-017/172576/1]-3- including discussing dates for the on-siteportion of the project.Prior to the kick-off call, Black & Veatch will issue a data request to the Clearwater Gastoobtain electronic copies of documentation necessary to execute theproject. Deliverables: Kick-off Meeting Agenda Data Request Review Project Scope and Schedule Task2: On-site meetings and facility review After completion of initial desktop reviews,Black & Veatch will arrange with Clearwater Gas System for an extended visit by Black &Veatch professionals to the Clearwater Gas System offices. Over a period of three to fivedays, Black & Veatch will meet with and interview Clearwater Gas System personnel todiscuss the gas utility’sdocuments and processes and discuss options forfilling any identified gaps. As part of the on-site meetings, Black & Veatch will identify key facilities to be visited by the assessment team in conjunction with key Clearwater Gas staffinput. At the conclusion of the on-site meetings and facilities review, Black & Veatch will conduct a wrap-up meeting with Clearwater Gas, including an Excel Based Exit Risk Report presentation of initial findings and recommendations.After the visit, and as necessary, Black & Veatch willconvene teleconferences with Clearwater Gas to discuss and resolve any openquestions. Deliverables: Initial Review Findings Spreadsheet List of Documents Reviewed Task 3: Complete Initial (High-Level) Assessment and prepare draft report Using the initial findings and recommendations from the on-site meetings and facilities review, Black and Veatch will identify any significant gaps in information and seek additional data regarding such gaps through documents and follow-up interviews with the key Clearwater GasSystem staff involved with the management of the utility and each area being reviewed for the initialassessment. Black & Veatch will complete its initialassessmentand prepare a draft report. The draft report will describe the data collected, the areas of the utility reviewed, findings and recommendations for remediation from the assessment. Black & Veatch will then submit the draft report toClearwater Gasfor review and approval. Following comments and edits received from Clearwater Gas, Black & Veatch will make any changes within one week for submission as the final report. Deliverables: Draft Report Task 4: Final Report Black &Veatch will make the necessary changes to the draft Report to produce a Final Report summarizing results of the initialassessment oftheClearwater Gas natural gas utility. [GM09-2064-017/172576/1]-4- Deliverables: Final Report Phase2: Topical Area Reviews and Documentation Development Based on the findings and recommendations of the initial assessmentof the Clearwater Gas Systemunder Phase 1, Black & Veatch will work with Clearwater Gas System staff to prioritize and coordinate additional reviews and development of documentation as required to fill gaps and/or ensure regulatory compliancein existing methodologies, processesor documents for the topical areas reviewedduring Phase 1. Phase 2 will also include: Utility Rate Study –When requested by Clearwater Gas, reviewthe existing Utility Rate Study for responsiveness to the financial and regulatory environment faced by Clearwater Gas and, in collaboration with Clearwater Gas, andprepare updates to the Rate Study and projections for future years as requested by Clearwater Gas.For budgetary purposes, one (1) Rate Study update will be conductedduring the Agreement period. Strategic Plan -When requested byClearwater Gas, Black & Veatch will review the current Strategic Plan and work with Clearwater Gas to assure that an updated Strategic Plan contains a short-term (3-5 year) and long-term (10 years) outlook. Emergency Plan –When requested by Clearwater Gas, Black & Veatch will work with Clearwater to develop an effective mock drill exercise plan. Public AwarenessPlan (PAP) –When requested by Clearwater Gas, Black & Veatch will work with Clearwater to develop and incorporate a recognized method to demonstrate its effectiveness. Material Specifications -When requested by Clearwater Gas, Black & Veatch will work with Clearwater to develop a manual that contains all standardized approved materials and equipment (tools) to be used in the gas system. Follow-up Evaluations –After the completion of the initial evaluation of each area Black & Veatchwill perform annualfollow-up evaluations (four [4] total) to verify all processes and procedures remain in compliance. Topical areas may be separated into individual work engagements (Tasks), or grouped into sets for addressing concurrently, as determined in cooperation with Clearwater Gas staff. If Clearwater Gas System determines certain topical areas not required for review, then Black & Veatch shall not perform such assessments. Deliverables: Written reports documenting findings from documentation review(s) New documents or methodologies as required B.Compensation: Invoices are due upon receipt. Clientwill pay, and Consultant will accept compensation for services provided based on the following fee basis: Consultant has developed an estimated budget for the completion of the proposed work scopeon a time and materials basis based on the rates found below. The following table lists bill rates that apply in 2015. These bill rates are subject to a five percent (5%) increase annually on the 1st day of each year, beginning January 2016 and throughout the duration of the project. [GM09-2064-017/172576/1]-5- Based on our consideration of the phases and tasks enumerated above, we believe a reasonable budget to perform the services per the Scope of Work to be $300,000plus expenses (“Budget”). This includes an estimated cost of $75,000 plus expenses for Phase 1 tasksand a budgetary estimate of $225,000 plus expenses for Phase 2 tasks. C.Invoicing: Immediately upon execution of the contract Consultant shall invoice Client for an advance payment of $0. (The final invoice will show a credit for the amountof the advance payment.) Consultant is under no obligation to submit any deliverable until such advance payment is made. Commencing on or about the first day of the calendar month following execution of this Agreement, and monthly thereafter, Consultant shall furnish Client with an invoice covering the Reimbursable Costs and Fee incurred during the previous month and any interest due under this Agreement. Invoices may be submitted electronically by email to (brian.langille@ClearwaterGas.Com). In such event, the electronic copy of the invoice will be considered the official invoice and will not be followed by a hard copy invoice. D.Method of Payment. Payments to be made to Consultant under this Agreement shall be electronically transferred either by ACH,specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Consultant’s most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. For Independent Engineer personnel approved by Clientthat ultimately remain on the assignment for more than 1-year an increased tax burden pursuant to home and work jurisdiction tax laws may arise. Client hereby requeststhat any resource that has or may exceed twelve months of Services under this Exhibit be replaced with a resource with similar skill sets to continue to perform the Services under this Exhibit. These compensatory charges are typically related to direct expenses that anIndependent Engineer consultant may incur while remaining in the same work location for more than 12 months. Further, this Agreement does not in any way constitute Consultant or its representatives, employees or agents (collectively “Consultant”) as the agent, employee or legal representative of the Client for any purpose whatsoever. Consultant is in all respects an independent contractor and nothing contained in this Agreement shall create or be construed as creating a partnership or joint venture between the Clientand Consultant. The Clientshall in no way be responsible for any debts, accounts, obligations or other liabilities of the Consultant, beyond the fees intended and provided for under this Agreement. Neither party is authorized to incur debts norobligations on the part of the other except as specifically authorized in writing. E.Schedule: The Consultant’s schedule for completion of the services set forth in Section Aabove is as follows: JOB DESCRIPTION 2015 BILLING RATES ($/HR) Analyst 170 Senior Analyst 215 Consultant 250 Manager 295 Principal 325 Director or Managing Director 340 Associate Vice President 365 [GM09-2064-017/172576/1]-6- Consultant will begin itsPhase1scopeor work beginning September2015and is estimated to continue throughJanuary 2016. The Phase 2 scope of work is anticipated to begin in January 2016 and continue through August 2020. IN WITNESS WHEREOF,the parties have executed this Exhibit A. BLACK & VEATCH CORPORATION By: (Printed) Title: Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Legal PM Approved Approved Reviewed Date Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1542 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $49,118, for purchase of Taser units and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 18, 2015, the Clearwater Police Department (CPD) was granted approval by City Council to apply for a $49,118 allocation under the federal Justice Assistance Grant (JAG) program to purchase 38 new Taser units. That grant has been officially awarded and CPD now seeks approval to accept it. In 2003, CPD purchased 176 Model M26 Tasers for officers in the Patrol Division. This was followed up in 2004 with the purchase of 46 Model X26 Tasers for the Criminal Investigations Division. In 2010, CPD purchased 193 Model X26 Tasers to replace the outdated/discontinued M26 Tasers that were acquired in 2003. The M26 Tasers were traded in for the updated Model X26 version and an extended 4-year warranty was also purchased. Since the initial purchases in 2003, normal wear and tear and operational malfunctions have occurred that necessitated repairs. The minimum cost to repair an out-of-warranty, repairable unit is $225.00. Many of the malfunctioning units are irreparable and cannot be used. As a result, CPD’s Taser inventory is reaching critical levels. As the existing Taser units age, exponentially more are malfunctioning, creating officer safety and liability problems. Taser International has phased out and no longer manufactures the X26 model. Taser will also be phasing out all repair service on this model. Taser International has replaced the X26 model with the new Model X26P, which incorporates the latest technology. The X26P frame is similar to the X26 frame and is only slightly larger. The difference will require a holster specifically designed for the X26P, which is included in the price quoted below. The X26P also requires an updated (300 more activations than current battery) battery pack, also included in the unit cost. The design and operation of each weapon is nearly identical (comparable size and weight) and will require no additional training. The X26P also has enhanced diagnostics software, charge metering (consistent level of electrical charge) as well as advanced safety features. The X26P provides an audible alert and will shut off the discharge cycle at 5 seconds even if the trigger is continuously depressed. In order to keep up with the new and improved technology and continue to use tools that Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1542 emphasize less lethal force, CPD must begin to replace all of its Tasers. The JAG grant offers the opportunity to replace 38 of the needed Tasers, battery packs, holsters and warranties with $49,118 in grant funding. In addition to costs listed above, one Data port Download kit would be required at the cost of $164.75. This will be purchased using Department funds and is a one-time expense that will be charged to Budget Code 1155-550400. Special program 181-99213, 2015 JAG/Taser Grant, will be established to account for the grant expenditures. There is no mandatory match for this grant. There will be no direct adverse impact to the Police Department operating budget. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program 181-99213, 2015 JAG/Taser Grant, to account for the grant expenditures. In addition to costs for Tasers and related equipment as noted, one Data port Download kit would be required at a one-time expense of $164.75. This will be purchased using Police Department operating funds and charged to budget code: 01155-550400-000. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1566 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) in the amount of $420,199.20 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2015 through September 30, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered latent fingerprint examination, property/evidence storage, and crime scene processing services and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost of the proposed agreement for Fiscal Year 2015/2016 is $420,199.20, reflecting a 3.45% increase in costs and adjustments in crime scene processing calls and PJAC bookings. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - 1,080 cases @ $78.04 each, totaling $84,283.20; Forensic Science Services (Crime Scene Processing) - 950 cases @ $212.28 each, totaling $201,666; Evidence, Property Service and Storage - 9,000 items @ $10.95 each, totaling $98,550; Pinellas Juvenile Assessment Center (PJAC) - 425 bookings @ $84.00 each, totaling $35,700. Requests for services in excess of the number of contractual calls will be invoiced separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the City. Funding for this contractual agreement is available in the Police Department’s fiscal year 2015/2016 operating budget, 010-01155-530300-521-000. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement is available in the Police Department’s fiscal year 2015/2016 operating budget, 010-01155-530300-521-000. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1596 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2015-2016 in the amount of $166,596.78 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program for fiscal years 2012-2017, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 15, 2012, the CRA approved the East Gateway District Five-Year Action Program for Fiscal Year 2012-2017. The Action Program responded to public input on the issues of drug dealing, prostitution and street crime by including an action item for the continuation of increased police presence and crime reduction within the East Gateway District. An allowable funding source of this action item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for community policing innovations in Community Redevelopment Areas. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/East Gateway area. Funding will be from the CRA East Gateway Project account (388-94849). APPROPRIATION CODE AND AMOUNT: Funds in the amount of $166,596.78 are available in account 388-94849, CRA East Gateway Project, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2015by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA),a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established the new East Gateway Five-Year Action Programfor fiscal years2012-2017, which includes the element to "continue to provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway District continues to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution andstreet crimes in the target area, and address quality of life issues;and WHEREAS, the CRA and the CITY first entered into an Interlocal Agreement during the Fiscal Year 2008-2009in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Years2012- 2013,2013-2014, and 2014-2015and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year2015-2016, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1.Term.The term of this Interlocal Agreement will be October 1, 2015through September 30,2016. 2 Section 2.Intent.It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the East Gateway neighborhood. Section 3.Responsibilities of the CRA Function: Provide TIF funding in the total amount of $166,596.78for thecontract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the additional community policing presence, to be allocated in the following manner: A.$164,020.00topay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. B.$2,576.78the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway CRA District. Section 4.Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out bythe CPD. These services are: A)Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal1:Reduce drug dealing, prostitution, and street crimes. Objective 1:Eliminate drugdealingand criminal activity conducted by career criminals inthe targeted area. Tasks: a)Identify the drug dealers and gang members in the area; b)Gather intelligence information through proactive law enforcement techniques, utilizing undercover techniques and surveillance equipment;and c)Develop confidential informants to assist in furthering criminal investigations and prosecution of repeat criminaloffenders. 3 Outcome Measures: a)Identify andreferfour (4) potentialconfidential informants in the target area; b)File criminal charges against 100% of identified drug dealers in the target area,where probable cause is established to do so;and c)CompleteFIR’s/Reports on 100% ofsuspected gang members in the target area. Objective 2:Reduce incidence of prostitution andsolicitations by "Johns" in the target area. Tasks: a)Conduct prostitution operationsin the East Gateway Districtutilizing police officers as decoys; b)Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area;and c)Seek prosecution enhancements for repeat offenders that commit prostitution and solicitation offenses when applicable. Outcome measures: a)Conduct minimum of six (6)prostitution operations annually in the CRA;and b)Reduction in citizen-generated prostitution complaintsin the CRAfrom the previous FY. Goal 2:Addresshomeless issues in the East Gateway District. Objective 1:Participate in the city’s homeless initiative. Tasks: a)Utilize directed patrol in areas known to be frequented by homeless individuals; b)Enforce statutes and ordinances against public drinking, public urination, loiteringor prowling, etc.; c)Utilize the “no trespass” affidavit program when authorized to addresspublic safety interests in the target area; and d)Participate in activities/programs related to homelessness,as appropriate. 4 Outcome measures: a)100% of reported or observed violations of criminal law or ordinances will result in arrest, report, citation, warning, or referral to the appropriate social services agency; b)100% of observed or reported trespass violations will result in trespass warnings, or arrest when authorized by Florida State Statute within the East Gateway District; and c)CRA officers will complete a minimum of 4 Field Interview Reports (FIRs)per week within the designated CRA area. Goal 3:Improve safety and securityof residents and businesses in the East Gatewayby implementing strategies identified in the East Gateway Five-Year Action Program. Objective 1:Enhance code enforcement activities. Tasks: a)Coordinate with the CRA and the City's Code Compliance Department to enhance code enforcement in the target arearelative to properties that are in disrepair and negatively impact the quality of life in the East Gateway;and b)Identify negative environmental factors to discourage criminal behavior. Outcome Measures: a)Conductregularinspections of properties that are in disrepair and negatively impact the quality of life in the East Gateway, on a schedule as agreed upon the CRA, Code Enforcement Inspector, and CPD; and b)Identify and report to the CRA negative environmental factors (need for improved streetlightning, vacant buildings, neglected properties, etc.) B)In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1.Two (2) fully-equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of 40 hoursper week. 2.Specific duties, activities, and responsibilities: 5 a)The officers will be assigned to a Community Policing Team with geographical responsibility for the East GatewayDistrictand the Downtown area only; b)The Team assignment will always ensure coverage by two (2) officers; c)Schedules of the officers will vary based on the determinationof the CRA and CPDmanagement to best serve the residents and business owners in the East Gateway area. CRA shall be notified of significant changes of officers’ schedules or assignments; d)Officers will patrol by eithervehicles orbicycles; e)A report of police activities and statistical information will be provided to the CRA on a monthly and yearly basis;and f)The officers selected will be experienced, current membersof the CPD. 3.An existing, fully-equipped Police Car. C)All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. D)No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area or for equipment used outside the CRA area. E)Other administrative duties as mutually agreed. Section 5.Notice.Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Rod Irwin, CRA Executive Director 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4058 City of Clearwater Attn: William B. HorneII, City Manager 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4046 Section 6.Entire Agreement.This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or 6 allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7.Indemnification.The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resultingfrom said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9.Filing Effective Date.As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney CityClerk 7 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Robert J. Surette Rosemarie Call City Attorney CityClerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1601 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Accept a Drainage Easement conveyed by Instrument Transformers, LLC over a portion of property located at 1907 Calumet Drive, Clearwater. (consent) SUMMARY: Instrument Transformers, LLC is near completion of a project to expand its facilities located at 1907 Calumet Street, Clearwater. The project includes modifications to the existing drainage system traversing the property. Pinellas County had previously maintained this drainage system; however, the property has recently been annexed into the city. The proposed easement will allow the City’s Stormwater Division to take over this responsibility. Page 1 City of Clearwater Printed on 8/28/2015 Drainage EasementDrainage Easement N K E E N E R D N H E R C U L E S A V E SUNSET POINT RD CALUMET ST SHERWOOD ST GREENLEA DR GENTRY ST N A R C T U R A S A V E BR A X T O N B R A G G L N SUNNYDALE BLVD KE N E S A W L N SUNSET GROVE LN WESTCT SHERWOOD ST CALUMET ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.262A 01-29s-15e08/12/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Drainage Easement Instrument Transformers 1907 Calumet Street Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\1925 Calumet Drainage Easement.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 15-20 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve two Subordination of City Utility Interests agreements, subordinating city easements in favor of the State of Florida Department of Transportation; authorize the appropriate officials to execute same, and adopt Resolution 15-20. SUMMARY: The State of Florida Department of Transportation (FDOT) is planning a multi-phased project to resurface State Road (SR) 60. In support of the project, FDOT has acquired easements for the construction and maintenance of improvements at two SR 60 intersections. FDOT has requested that the City subordinate two existing city easements located within the new FDOT easements. One of the city easements is for right-of-way purposes on the northwest corner of Arcturas Avenue and Gulf to Bay Boulevard; FDOT is planning to install a new traffic signal at this location. The other city easement is platted utility easement on the northeast corner of Belcher Road and Gulf to Bay Boulevard where FDOT is planning to construct a westbound right turn lane. The city easements will remain in effect, however the City’s rights under these easements will be subject to FDOT’s rights. Page 1 City of Clearwater Printed on 8/28/2015 PARCEL 100.2 PAGE 4 IN WITNESS WHEREOF, the UAO has caused this agreement to be signed in its political name by its proper officers thereunto duly authorized and its official political seal to be hereunto affixed and attested this _____ day of _______________________, 2015. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________________ By:_______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: _________________________________ _____________________________ Laura Lipowski Mahony, Rosemarie Call, City Clerk Assistant City Attorney STATE OF FLORIDA : : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared George N. Cretekos, and William B. Horne, II, Mayor and City Manager respectively of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who are personally known to me. WITNESS my hand and official seal this ____ day of __________________, 2015. _________________________________ My commission expires: Notary Public _________________________________ Print/Type Name PARCEL 106.04 PAGE 4 IN WITNESS WHEREOF, the UAO has caused this agreement to be signed in its political name by its proper officers thereunto duly authorized and its official political seal to be hereunto affixed and attested this _____ day of _______________________, 2015. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________________ By:_______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: _________________________________ _____________________________ Laura Lipowski Mahony, Rosemarie Call, City Clerk Assistant City Attorney STATE OF FLORIDA : : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared George N. Cretekos, and William B. Horne, II, Mayor and City Manager respectively of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who are personally known to me. WITNESS my hand and official seal this ____ day of __________________, 2015. _________________________________ My commission expires: Notary Public _________________________________ Print/Type Name Resolution No. 15-20 RESOLUTION NO. 15-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUBORDINATING THE CITY’S EASEMENT INTERESTS OVER CERTAIN REAL PROPERTY LOCATED AT THE INTERSECTION OF GULF TO BAY BOULEVARD AND ARCTURAS AVENUE AND AT THE INTERSECTION OF GULF TO BAY BOULEVARD AND BELCHER ROAD TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (City) acquired that certain easement which is recorded in Book 4961, Page 279 of the Official Records of Pinellas County, Florida, for right-of-way purposes at the intersection of Gulf to Bay Boulevard and Arcturas Avenue in Clearwater, Florida; and WHEREAS, a utility easement was dedicated to the public in that certain Plat recorded in Plat Book 124, Page 74 of the Public Records of Pinellas County, Florida at the intersection of Gulf to Bay Boulevard and Belcher Road; and WHEREAS, both aforementioned intersections fall under the jurisdiction of the Florida Department of Transportation (FDOT); and WHEREAS, FDOT proposes to improve a portion of State Road 60; and WHEREAS, it is necessary that certain rights now owned or controlled by the City be subordinated to the rights of FDOT; and WHEREAS, FDOT has made application to the City to execute and deliver to FDOT a subordination of utility interests in favor of FDOT, and said request having been duly considered; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of FDOT for subordination of utility interests is for transportation purposes which are in the public or community interest and for public welfare; that such subordination of utility interests, in favor of FDOT, shall be approved and executed by this City Council. Section 2. A certified copy of this Resolution shall be forwarded forthwith to FDOT at 11201 N. Malcolm McKinley Drive, Tampa, Florida 33162. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 15-20 2 PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk ELLA CHAUCER SHELLEY EASTWOOD SR-590 GULF-TO-BAY TREE McKINLEY DR CORONA AVE PINE ST CR-1 AVE VENUS VIRGINIA PEGASUS LN STAR AVE VENUS AVE RAINBOW ORION AVE AVE HARDING FEATHER GUNN DrPark N CAMELLIA CORNELL NEPTUNE AVE McKINLEY HARDINGPLAZA ST PATRICIA AVE BLVD ROGERS AVE Turner W Dr Park AVE AURORA METEOR ARCTURAS DR COMET CLEVELAND AVE AVE AVE HERCULES NIMBUS CIRUS ST AVE AVE AVE DREW DREWPLAZA STWAY HARDING ST MERCURY AVE P A R K CR-425 KERRY N Druid Cir S Druid Cir Druid GRAHAM N E C O A C H M A N DR E AVE GRANGER TERRACERD DR DR N MAYWOOD BLVD LANDRY WHITMANAVE AVE MAYWOOD TERRACENORMAN GULF-TO-BAYSR-60 BAMBOO L N RD STARCREST DR CR-501 MAIN AVE CR-528 D E L L AVE DRBELCHER ANNA MAPLEWOOD AVE DORA CR-1 HARDING ST ^^ Location of Easement Subordinations to FDOTLocation of Easement Subordinations to FDOT LOCATION MAP JB CL 289A & 290A 1 of 3 08/12/2015Map Gen By:Reviewed By: Page:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com TWO EASEMENTS SUBORDINATIONS TO FDOTNW corner of Gulf to Bay Blvd & Arcturas Ave / NE corner of Gulf to Bay Blvd & Belcher Rd. ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\GTB 2 Easements_FDOT 1-3.mxd Easement Subordination to FDOT GULF-TO-BAY BLVD S A R C T U R A S A V E LOCATION MAP JB CL 289A & 290A 2 of 3 08/12/2015Map Gen By:Reviewed By: Page:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com TWO EASEMENTS SUBORDINATIONS TO FDOT NW corner of Gulf to Bay Blvd & Arcturas Ave ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\GTB 2 Easements_FDOT 2-3.mxd Easement Subordination to FDOT GULF-TO-BAY BLVD S B E L C H E R R D LOCATION MAP JB CL 289A & 290A 3 of 3 08/12/2015Map Gen By:Reviewed By: Page:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com TWO EASEMENTS SUBORDINATIONS TO FDOT NE corner of Gulf to Bay Blvd & Belcher Rd. ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\GTB 2 Easements_FDOT 3-3.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1597 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of $237,644.11, and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract is for the construction of sidewalks in a portion of the East Gateway area of Clearwater and includes new sidewalk adjacent to Rollen Road near Sandy Lane Elementary School. Improvements will be made to make these sidewalks fully accessible. The City of Clearwater’s Engineering Department will be providing construction inspection. The City received five bids and Central Florida Contractors, Inc. was the lowest responsible bidder in the amount of $237,644.11. Construction duration is 150 days and is anticipated to be completed in Spring 2016. APPROPRIATION CODE AND AMOUNT: 0315-92339-563700-541-000-0000 $224,766.30 0315-92277-563700-541-000-0000 $ 12,877.81 Funds are available in capital improvement program projects in amounts of $224,766.30 from 315-92339, New Sidewalks and $12,877.81, Streets and Sidewalks, to fund this contract. Page 1 City of Clearwater Printed on 8/28/2015 ITEM NO. 1.0.Mobilization and Site Preparation 1.1 Maintenance of Traffic LS 1 5,692.50$ 5,692.50$ 6,000.00$ 6,000.00$ 6,983.60$ 6,983.60$ 4,500.00$ 4,500.00$ 10,000.00$ 10,000.00$ 1.2 Mobilization LS 1 18,975.00$ 18,975.00$ 6,000.00$ 6,000.00$ 2,812.50$ 2,812.50$ 7,800.00$ 7,800.00$ 1,000.00$ 1,000.00$ 1.3 Demolition LS 1 18,804.86$ 18,804.86$ 8,000.00$ 8,000.00$ 23,660.00$ 23,660.00$ 4,500.00$ 4,500.00$ 10,000.00$ 10,000.00$ 1.4 Erosion & Sediment Control LS 1 2,909.50$ 2,909.50$ 3,000.00$ 3,000.00$ 750.00$ 750.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 1.5 Root Pruning LF 1052 5.67$ 5,964.84$ 5.00$ 5,260.00$ 6.50$ 6,838.00$ 18.00$ 18,936.00$ 15.00$ 15,780.00$ 1.6 Sprinklers (Yard Frontage) (Section IVa)LF 400 8.00$ 3,200.00$ 8.00$ 3,200.00$ 3.25$ 1,300.00$ 8.00$ 3,200.00$ 10.00$ 4,000.00$ 1.7 Sod SF 19650 1.20$ 23,580.00$ 0.50$ 9,825.00$ 0.37$ 7,270.50$ 0.48$ 9,432.00$ 0.40$ 7,860.00$ 1.8 Project Sign (portable)LS 1 1,518.00$ 1,518.00$ $ 1,000.00 1,000.00$ $ 500.00 500.00$ 2,500.00$ 2,500.00$ 400.00$ 400.00$ 1.9 Construction)LF 200 19.43$ 3,886.00$ $ 10.00 2,000.00$ $ 2.50 500.00$ 12.00$ 2,400.00$ 10.00$ 2,000.00$ 84,530.70$ 44,285.00$ 50,614.60$ 54,268.00$ 56,040.00$ 2.0 General 2.1 4" Thick Concrete Sidewalk (3000psi w/fiber mesh reinforcing & wwf) SF 15390 7.16$ 110,192.40$ 4.00$ 61,560.00$ 6.44$ 99,111.60$ 3.90$ 60,021.00$ 5.00$ 76,950.00$ 2.2 6" Thick Concrete Sidewalk (3000psi w/fiber mesh reinforcing & wwf) SF 1615 9.00$ 14,535.00$ 4.50$ 7,267.50$ 6.95$ 11,224.25$ 5.35$ 8,640.25$ 7.00$ 11,305.00$ 2.3 6" Thick Concrete Driveway (3000psi w/fiber mesh reinforcing)SF 869 9.00$ 7,821.00$ 4.50$ 3,910.50$ 6.75$ 5,865.75$ 5.05$ 4,388.45$ 8.00$ 6,952.00$ 2.4 Install Detectable Warning Mats on existing sidewalk ramps EA 2 400.00$ 800.00$ 400.00$ 800.00$ 350.00$ 700.00$ 300.00$ 600.00$ 400.00$ 800.00$ 2.5 Construct ADA Ramp with Dectable Warning Mats EA 49 1,700.00$ 83,300.00$ 1,000.00$ 49,000.00$ 1,450.00$ 71,050.00$ 1,100.00$ 53,900.00$ 1,200.00$ 58,800.00$ 2.6 FDOT Gravity Wall (max height 24")LF 252 100.00$ 25,200.00$ 60.00$ 15,120.00$ 135.00$ 34,020.00$ 130.00$ 32,760.00$ 200.00$ 50,400.00$ 2.7 Remove & Construct transition curb as required (ADA ramps)LF 330 50.00$ 16,500.00$ 18.00$ 5,940.00$ 25.00$ 8,250.00$ 25.00$ 8,250.00$ 40.00$ 13,200.00$ 2.8 Construct Concrete Pad & ADA Warning Mat (Cleveland St.)EA 3 2,000.00$ 6,000.00$ 850.00$ 2,550.00$ 1,087.50$ 3,262.50$ 900.00$ 2,700.00$ 1,000.00$ 3,000.00$ 2.9 Modify Rollen Road Inlet Tops (See Detail)EA 3 3,000.00$ 9,000.00$ 1,400.00$ 4,200.00$ 2,500.00$ 7,500.00$ 2,450.00$ 7,350.00$ 2,000.00$ 6,000.00$ 273,348.40$ 150,348.00$ 240,984.10$ 178,609.70$ 227,407.00$ 3.0 Paving and Marking 3.1 School Crossing Striping removal and re-installation LS 1 1,200.00$ 1,200.00$ 2,000.00$ 2,000.00$ 450.00$ 450.00$ 2,300.00$ 2,300.00$ 5,000.00$ 5,000.00$ 3.2 6" White Thermoplastic Walkway Striping on existing asphalt LF 1260 7.00$ 8,820.00$ 5.00$ 6,300.00$ 2.10$ 2,646.00$ 2.30$ 2,898.00$ 5.00$ 6,300.00$ 3.3 Pedestrian markings on walkways every 50 LF EA 14 250.00$ 3,500.00$ 100.00$ 1,400.00$ 230.00$ 3,220.00$ 195.00$ 2,730.00$ 200.00$ 2,800.00$ 13,520.00$ 9,700.00$ 6,316.00$ 7,928.00$ 14,100.00$ Sub-total New Sidewalks 371,399.10$ 204,333.00$ 297,914.70$ 240,805.70$ 297,547.00$ 3.4 New Sidewalk Contingency 10%LS 1 37,139.91$ 37,139.91$ 20,433.30$ 20,433.30$ 29,791.47$ 29,791.47$ 24,080.57$ 24,080.57$ 29,754.70$ 29,754.70$ Total New Sidewalks 408,539.01$ 224,766.30$ 327,706.17$ 264,886.27$ 327,301.70$ UNIT PRICE TOTAL UNIT PRICE TOTAL MTM Contractors, Inc. 6550 53rd Street North Pinellas Park, FL 33781 Tagarelli Construction, Inc. P.O. Box 681 Tarpon Springs, FL 34688 Castco Construction, Inc. 9001 126th Avenue North Largo, FL 33773 Central Florida Contractors, Inc. P.O. Box 3987 Seminole, FL 33775 Certus Builders 304 S. Westland Ave. Tampa, FL 33606-1746 PROJECT NAME & #: 2015 SIDEWALK CONSTRUCTION PROJECT CONTRACT #14-0044-EN BID OPENING DATE: August 13, 2015 at 1:30 p.m. AWARD DATE: September 3, 2015 NEW SIDEWALKS UNIT PRICE TOTAL UNIT PRICE TOTAL DESCRIPTION UNIT UNIT QTY UNIT PRICE TOTAL Subtotal Mobilization and Site Preparation 1.0 Subtotal General 2.0 Subtotal Paving and Marking 3.0 ITEM NO. UNIT PRICE TOTAL UNIT PRICE TOTAL MTM Contractors, Inc. 6550 53rd Street North Pinellas Park, FL 33781 Tagarelli Construction, Inc. P.O. Box 681 Tarpon Springs, FL 34688 Castco Construction, Inc. 9001 126th Avenue North Largo, FL 33773 Central Florida Contractors, Inc. P.O. Box 3987 Seminole, FL 33775 Certus Builders 304 S. Westland Ave. Tampa, FL 33606-1746 PROJECT NAME & #: 2015 SIDEWALK CONSTRUCTION PROJECT CONTRACT #14-0044-EN BID OPENING DATE: August 13, 2015 at 1:30 p.m. AWARD DATE: September 3, 2015 UNIT PRICE TOTAL UNIT PRICE TOTAL DESCRIPTION UNIT UNIT QTY UNIT PRICE TOTAL 4.0 Mobilization and Site Preparation 4.1 Root Pruning LF 79 10.00$ 790.00$ 8.00$ 632.00$ 6.50$ 513.50$ 18.00$ 1,422.00$ 20.00$ 1,580.00$ 4.2 Sod SF 2150 1.40$ 3,010.00$ 0.50$ 1,075.00$ 0.37$ 795.50$ 0.48$ 1,032.00$ 0.40$ 860.00$ 3,800.00$ 1,707.00$ 1,309.00$ 2,454.00$ 2,440.00$ 5.0 General 5.1 4" Thick Concrete Sidewalk (3000psi w/fiber mesh reinforcing & wwf) SF 1600 9.49$ 15,184.00$ 5.00$ 8,000.00$ 6.44$ 10,304.00$ 5.70$ 9,120.00$ 6.00$ 9,600.00$ 5.2 6" Thick Concrete Sidewalk (3000psi w/fiber mesh reinforcing & wwf) SF 200 10.50$ 2,100.00$ 5.90$ 1,180.00$ 6.95$ 1,390.00$ 6.40$ 1,280.00$ 8.00$ 1,600.00$ 5.3 6" Thick Concrete Driveway (3000psi w/fiber mesh reinforcing)SF 139 10.50$ 1,459.50$ 5.90$ 820.10$ 6.75$ 938.25$ 6.20$ 861.80$ 9.00$ 1,251.00$ 18,743.50$ 10,000.10$ 12,632.25$ 11,261.80$ 12,451.00$ Sub-total Sidewalks Remove and Replacement 22,543.50$ 11,707.10$ 13,941.25$ 13,715.80$ 14,891.00$ 5.4 Sidewalks Remove and Replacement Contingency 10%LS 1 2,254.35$ 2,254.35$ 1,170.71$ 1,170.71$ 1,394.13$ 1,394.13$ 1,371.58$ 1,371.58$ 1,489.10$ 1,489.10$ Total Sidewalks Remove and Replacement 24,797.85$ 12,877.81$ 15,335.38$ 15,087.38$ 16,380.10$ Sub-total 393,942.60$ 216,040.10$ 311,855.95$ 254,521.50$ 312,438.00$ Total Contingency 39,394.26$ 21,604.01$ 31,185.60$ 25,452.15$ 31,243.80$ Total Contract 433,336.86$ 237,644.11$ 343,041.55$ 279,973.65$ 343,681.80$ BIDDER’S GRAND TOTAL 433,336.86$ 237,644.11$ 343,041.55$ 279,973.65$ 343,681.80$ Peach cells denote mathematical corrections to bidder's figures Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) Subtotal Mobilization and Site Preparation 4.0 Subtotal General 5.0 SIDEWALKS REMOVE AND REPLACEMENT MARIVA Ja PALM ST SANDY GROVE CAROLYN SR-651 ST PIERCE GULF-TO-BAY ST ST APACHE SR-590 AVE ROSA PARK LINCOLN AVE Maple ST ST LEE ST AVE AVE JACKSON St AVE STGOULD S MARTIN LUTHER KING JR AVE EWING TURNER ST STCOURT Brownell BROWNELL ST ROGERS ST AVE BOOTH Park St AVE GROVE JEFFERSON AVE Browns CLE V E LA N D S T GROVE T O N AVE MADISON WASHING AVE N.E. FRA CIR LIN KN ST ST WASHINGTON MADISON MISSOURI AVE AVE AVE ELDRIDGE ST SANTA LINCOLN RDFORESTRD AVE BETTY DR AVE AVE HILLTOP CT BETTY DE LEON COURT SANST ST ST JUAN ROGERS FRANKLIN KENWOOD AVE AVE FRANKLIN PIERCE ST FREDRICA LN AVANDA WAY W A V E R L Y BETTY EVERGREEN LADY ST HILLCREST ST MARY LN AVE DR ORANGEVIEW PARK SAN REMO AVE CRESTVIEWPRESCOTT HILLCREST S T E V E N S O N S HOLT AVE ST WASHINGTON MADISON BECKETT GRANT CARLTONTAFT ENGMAN METTO LA SALLE PENNSYLVANIA ST ST ST MONROE AVE FULTON SEMINOLE BLUFF MADISON Phillies Ln PALM WEST AVE ST MISSOURI MADISON AVE N MARTIN LUTHER KING JR AVE TANGERINE ST ST ST BECKETT ST MARSHALL ST ST DOUGLAS AVEST RUSSELL D R TRAIL HARBOR ST AVEAVE CAROLYN NICHOLSON PALMETTO ST ST PINEBROOK WOODSONADMIRAL ST LN CEDAR FAIRBURN HIBISCUSPIN E ST KINGS ST PARKWOOD WOODBINE SPRINGDALE Otis C Green AVE ENGMAN ST C A R O L TON CK CLAIRE DR ST O DR OVERLEA BROOK DR ROLLEN HIGHWAY ST ST ST N S BARBARA ST FAIRMONT AVE HEAVEN SANDY MARY TERRACE FAIRMONT CR-560 JADE LN RD L RD RD CR-365 SENT LN LN HIBISCUS HIBISCUS PARKWOOD WOODBINE SPRINGDALE WESTON Rosemere Rd KARLYNCirDR CASLER CT A V E ST ST ST ST BAKER Dr MAPLE ST randa Cir AVE c a OAKWOOD RIDGEWOOD PINEWOOD AVE Wood Richards Ct MAPLE ST ST RICHARDS BLVD ST GULF-TO-BAY GLENWOOD ST ST ST CLEVELAND GROVE LAURA ST Rosewood SR-60BLVD AVE DR KEYSTONE LAKE DARTMOUTH HARVARD DR CREST AVE HIGHLAND ORANGEWOOD AVE EDGEWOOD AVE HOBART AVE Ridgewood CASLER AVE DUNCAN DR MACRAE AVE DR NELSON AVE RIDGEWAY DR WOOD WOOD AVE TERRACE ELMWOOD Rosemere Smallwood WALNUT FLAGLER CARLOS DR AVE DR CIRCLE ROSEMONT SANDY LINWOOD DR LN LOGAN STCLARK WEBB DR ST ST AVE CR-548 LEVERN BONAIR ST ST RIDGE LYNN AVE GENTRY CARROLL ST ST CROWN AVE ST LOMBARDY SHARONDALE BELLEMEADE PAMELIA SHERWOOD WEBB SCOTT FLAGLER PALMETTO AVE CHANDLER AVE GREENHILL PlaceEvergreenPIERCEST SR-60US-19 ALT.SR-595 JEFFERSON CLEVELAND ST ST N MARTIN LUTHER KING JR AVE BETTY CR-355 BETTY LN LONG ST ST PALMETTO ST St LAS DOUG LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK DS N.T.S.n/a n/a8/10/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 2015 Sidewalk Construction Project (14-0044-EN) Document Path: V:\GIS\Engineering\Location Maps\SidewalkConstruction2015.mxd SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL/BID BOND .......................................................................................................................... 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Central Florida Contractors, Inc. 13345 Pine Bark Ct. Largo, FL 33774-5438 ______________________________ City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2015 SIDEWALK CONSTRUCTION PROJECT PROJECT NO.: 14-0044-EN PROJECT DESCRIPTION: The 2015 sidewalk construction project provides for sidewalk and ADA ramp improvements in the East Gateway area of Clearwater and Rollen Road near Sandy Lane Elementary School. BY THIS BOND, We, Central Florida Contractors, Inc., as Contractor, and _______________________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $237,644.11, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated ______________________, between Contractor and Owner for construction of 2015 Sidewalk Construction Contract, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 2 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Central Florida Contractors, Inc. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) _________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 3 of 17 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Central Florida Contractors, Inc., of the City of Largo, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2015 Sidewalk Construction Project PROJECT NO.: 14-0044-EN in the amount of $237,644.11 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 4 of 17 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) Central Florida Contractors, Inc. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) SectionV.docx Page 7 of 17 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2015 Sidewalk Construction Engineering Dept. PROJECT NO.: 14-0044-EN 100 S. Myrtle Ave. CONTRACT DATE: __________ Clearwater, FL 33756 BOND NO. : __________, recorded in O.R. Book ____, Page ____, of the Public Records of Pinellas County, Florida. CONTRACTOR: Central Florida Contractors, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: _______________________________________ _______________________________________ _______________________________________ ,SURETY, on bond of Central Florida Contractors, Inc. 13345 Pine Bark Ct. Largo, FL 33774-5438 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, _______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1618 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt a City Council Policy regarding Brick Streets. (consent) SUMMARY: At the June 1, 2015 Council Work Session, staff was directed to develop a policy regarding the installation of brick streets within the city. Staff has drafted a policy, which includes the following key points: ·Criteria for creation of new brick streets which were previously asphalt, ·Criteria for replacing an existing deteriorated brick street with new bricks, ·Property owners on existing asphalt streets to be converted to brick will be required to pay the construction cost differential between asphalt and brick through a special assessment, ·There will be no cost to property owners on existing deteriorated brick streets to be replaced with new bricks, ·Once a request for a new brick street has been made, the City will poll all property owners within the requested area and provide a non-binding estimate of the anticipated cost for each property, and ·If the City receives responses indicating that a majority (51%) of the property owners are interested, the City will proceed to implement a special assessment following the procedures in Chapter 27, Clearwater Code of Ordinances, which provides opportunities for public input prior to establishing a final assessment roll. Staff has researched how other municipalities in the area manage brick street requests. A majority of these municipalities do not have a policy regarding creation of new brick streets which were previously asphalt. APPROPRIATION CODE AND AMOUNT: There is no funding associated with this item. Page 1 City of Clearwater Printed on 8/28/2015 CITY COUNCIL POLICY BRICK STREETS The purpose of this policy is to provide a means by which residents that currently own property on an asphalt street or deteriorated existing brick street can obtain a brick street without unduly burdening the city’s limited street repair funds. The intent of the policy is to define who bears the cost for the brick street surface upgrade. The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety, and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt overlay on an existing asphalt road. The Engineering Department has a budget for the maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The life span of a properly installed brick street is estimated to be 40 - 50 years. Property owners residing within an easily delineated neighborhood within the city may request the City to resurface their street(s) with brick. The petitioning process and the cost- sharing principles for such action are described herein. For the purpose of this policy, two categories for street bricking have been identified. The assessment to contiguous property owners will be determined based upon the category that fits the proposed street. The two categories are: A. Existing Brick Street This category includes all existing brick streets. On many of these streets the condition of the road base underlying the brick surface has deteriorated. Historically, the original brick roads were built upon existing sandy soil that has allowed the brick to shift and settle over time, creating an undesirable road surface. To achieve a satisfactory road surface, the existing bricks must be removed and a proper road base installed. Since some loss of bricks occurs during the removal and reclamation process, there will not be a sufficient quantity of bricks remaining to be immediately replaced in the roadbed. Property owners on these streets may request the City to remove the existing bricks and replace them with new clay street bricks by requesting the City to petition all property owners on the street(s). The clay bricks removed will be reclaimed by the city and stored for future use in other areas of the city. In this case, an assessment will not be levied on the property owners because of the pre-existence of clay bricks. B. Existing Asphalt Street Residents may request the City to replace an existing asphalt street with new street bricks by requesting the City to petition all property owners on the street(s). The cost for the bricking project will be calculated and will include the costs of new street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for installation of a two inch thick asphalt surface. The net cost will be assessed to each property owner based on the linear footage of property frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other applicable laws. The following procedure will be used by property owners and the City in upgrading existing asphalt streets in a residential or commercial area: A. Property owners may request the City to replace the existing street surface with new clay street bricks by requesting the City to petition all property owners on the street(s). The petition results must show positive interest of property owners owning a majority (51%) of the property frontage on the street (or neighborhood) to be bricked. The City petition process will be conducted so that 100% of the property owners on the proposed street(s) have been informed of the petition and the potential impact it may have on their property. A good faith attempt will be made to notify all property owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of receipt will be considered as a no vote. The petition will include the following information and statements (see sample in Appendix A): 1. Identification of the area to include street names and lots or properties within the area. The proposed street must be at least one block long, i.e. intersection to intersection. 2. A statement indicating that the individual signing a petition recognizes that there may be a cost increase borne by them through a special assessment program, if the petition is approved by the City of Clearwater. A preliminary non-binding cost estimate for each property will be included with the petition form. 3. Signatures of individuals or entities owning property within the designated area. Signatures of persons or entities renting or leasing property will not be considered. B. The Engineering Department will review the request to identify issues that may relate to public safety, health and welfare. The Department will either recommend approval with conditions as necessary or reject the request if it is deemed invalid or not suitable due to public health, safety or welfare reasons. C. Implementation of the special assessment will comply with Chapter 27 Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of law. The City will coordinate the installation of new street bricks and curbing with the imposition and levy of the special assessments. D. Upon approval of the special assessment by the City Council, the Engineering Department will hold a coordination meeting between the appropriate City staff and the property owners in order to establish installation schedules and procedures. It is the responsibility of City staff to prioritize requests when multiple requests for petitions have been submitted. The Engineering staff first will determine when the street is anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to those requests for roads that have the lowest Pavement Condition Index. Additionally, streets with scheduled underground utility projects which would necessitate complete resurfacing would be prioritized based on the scheduled date of the utility project. All street bricking requests will be subject to the availability of interim funding. In the situation where there are more requests than funds available, the proposed requests will be delayed until sufficient funds are available. The following brick types are acceptable for this policy: New Clay Brick Pavers: 8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick, meeting ASTM C 1272, Type F as manufactured by Pine Hill Brick or equal as determined by the Engineering Department. Color will be determined jointly with city staff and the area property owners from an approved City color palette. The developer of a new subdivision may elect to install brick streets. However, installation costs in new subdivisions are required to be paid by the developer at the time of installation and will not be assessed to the individual lots. The developer is required to follow City of Clearwater Engineering Standards for brick road installation. APPENDIX A SAMPLE BRICK STREET POLICY PETITION The purpose of this form is to provide a means by which residents may request the City of Clearwater to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick street. This form is to be utilized in conjunction with the City of Clearwater’s Brick Street Policy adopted _____ by the City Council. As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick street will be assessed to the property owners with front footage on the proposed street. The net cost, as determined by the City, will be assessed to each property owner based on the Brick Street Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll There will be no assessment levied in the case of upgrading an existing brick street. Street Name: From Cross Street: To Cross Street: Total Number of Affected Property Owners (Lots): Contact Name: Contact Address: Contact Phone: I understand, by my signature below, that the purpose of this petition is to demonstrate my support of the installation/restoration of brick on the proposed street. I also understand that the cost associated with this upgrade will be borne by myself and other property owners on the proposed street. Furthermore, I also understand that by signing this petition, I am authorizing the City of Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way obligated to accept this assessment at this time. Attached to this petition is an estimate of the proposed cost for each property impacted. This estimate is preliminary only and may be adjusted up or down based upon actual construction bid results NAME: ___________________________________________ ADDRESS: ________________________________________ PHONE: __________________________________________ SIGNATURE: ______________________________________ Please submit this petition to: City Clerk, City of Clearwater Official Records and Legislative Services Department P.O. Box 4748, Clearwater, FL 33756 Community Do theyhave brick streets Do theyhave a policy for installing brick streets where the surface is currently not brick Do they have a policy for replacing existing deteriorating brick streets Do they have a policy for replacing asphalt covered brick streets with new bricks How are brick street projects funded Do they allow a credit for future resurfacing Comments Clearwater Yes Yes Yes No Assessment for bricks replacing asphalt No Draft Policy Belleair No No No No N/A N/A All brick streets have been paved. Dunedin Yes No Yes No City initiated funded by City. No policy for resident initiated. No St. Petersburg Yes No Yes Yes Assessment for asphalt covered back to brick No Emphasize maintaining existing brick streets. Tampa Yes No Yes No City pays to replace existing brick streets N/A Emphasize maintaining existing brick streets. Safety Harbor Yes No No No Residents N/A Tarpon Springs Yes No Yes Yes City N/A Winter Park Yes Yes Yes Yes Assessment Yes Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: Resolution 15-21 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize an agreement between the City of Clearwater and the Florida Department of Economic Opportunity to serve as a pilot community to receive complimentary technical assistance in the creation of a coastal vulnerability assessment and adaptation plan, authorize the appropriate officials to execute same and adopt Resolution 15-21. SUMMARY: In 2012, the Florida Department of Economic Opportunity (DEO), in partnership with the National Oceanic and Atmospheric Administration, Florida Department of Environmental Protection, Florida Department of Emergency Management, and others, initiated a five-year project to develop and provide guidance and technical assistance to Florida communities for integration of adaptation to potential sea level rise into current planning mechanisms including the local comprehensive plan, local hazard mitigation plan, post-disaster redevelopment plan, economic development plan, strategic plans, and capital improvement plans. DEO has contracted with Dewberry Consultants LLC (Dewberry) to complete two tasks as part of the overall Community Resiliency Initiative. Task 1 includes developing coastal hazard vulnerability analyses and scenarios for three pilot communities. Task 2 is to use those vulnerability analyses and scenarios (Task 1) to complete coastal hazard adaptation plans for each of the three communities. In addition to these major tasks, Dewberry will complete a number of guidance tools, presentation materials, and case studies that clearly identify and explain all the information and resources needed and available to Florida communities for the completion of these same analyses, scenarios and adaptation plans for their own communities. DEO invited the City of Clearwater to be one of the three pilot communities. Participation in the pilot program will present a number of opportunities for the City, including: ·Be one of the first communities in the country to undertake an adaptation planning program; ·Build the City’s capacity to reduce hazard vulnerabilities and rebound more quickly from coastal flooding events, including sea level rise; ·Position the city for future related funding opportunities that may become available; and, ·Serve as a resiliency leader for other communities around the state, providing valuable examples and best practices. All of the products and lessons learned from the City’s adaptation planning process will be organized into approachable formats for other communities around the state (and nation) to use. Page 1 City of Clearwater Printed on 8/28/2015 File Number: Resolution 15-21 The Memorandum of Agreement, Exhibit A of Resolution 15-21, establishes the terms and conditions whereby DEO will provide a contractor to provide consultant services to develop a coastal hazards vulnerability assessment and adaptation plan for the City, and the City agrees to create a local steering committee and to participate in the assessment process and creation of the adaptation plan. Dewberry is contractually obligated to complete the risk and vulnerability analyses for the three pilot communities by the end of June 2016, and must complete the final adaptation plans for the communities by mid-December 2016. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/28/2015 Resolution No. 15-21 RESOLUTION NO. 15-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY TO SERVE AS A PILOT COMMUNITY TO RECEIVE COMPLIMENTARY COMPREHENSIVE TECHNICAL ASSISTANCE IN THE CREATION OF A COASTAL VULNERABILITY ASSESSMENT AND ADAPTATION PLAN THAT FITS THE CITY’S NEEDS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Environmental Protection Agency has determined that climate change, in conjunction with changes in land use and demographics, will affect important dimensions in the United States, especially those related to human health, settlements and welfare; and WHEREAS, Florida is considered one of the most vulnerable areas in the country to the impacts of climate change, and as a coastal community with significant infrastructure and population located on its barrier islands, the City of Clearwater (the City) will be affected by those impacts, particularly rising sea levels; and WHEREAS, adapting to and mitigating sea level rise impacts will require that adaptation measures be incorporated into all levels of hazard mitigation and land use planning in Florida to protect the health, safety, and welfare of its citizens; and WHEREAS, in 2012, the Florida Department of Economic Opportunity (DEO), in partnership with NOAA, the Florida Department of Environmental Protection, the Florida Department of Emergency Management, and others initiated a five-year project to develop and provide guidance and technical assistance to Florida communities for integration of adaptation to potential sea level rise into current planning mechanisms including the local comprehensive plan, local hazard mitigation plan, post-disaster redevelopment plan, economic development plan, strategic plans, and capital improvement plans; and WHEREAS, DEO’s Community Resiliency Initiative is an effort to provide technical assistance to local governments in adapting to current and future coastal hazards in existing planning frameworks; and WHEREAS, DEO selected the City, as one of three pilot communities to evaluate coastal vulnerability assessment and adaptation planning approaches and resources, and will provide complimentary technical assistance, through Dewberry Consultants, LLC (the Contractor); and Resolution No. 15-21 2 WHEREAS, DEO has an agreement with the Contractor to further the overall Community Resiliency Initiative, and this involves two main tasks. Task 1 includes developing coastal hazard vulnerability analyses and scenarios for the City. Task 2 utilizes data gleaned from the vulnerability analyses and scenarios to complete a coastal hazard adaptation plan for the City. In addition to these major tasks, the Contractor will compile and create guidance tools, presentation materials, and case studies that detail data obtained from all three pilot program communities for the use of other Florida communities interested in completing their own sea level rise vulnerability assessment and adaptation plans; and WHEREAS, the agreement, attached as Exhibit “A,” details the scope of responsibility between DEO, the Contractor, and the City as part of the Community Resiliency Initiative Program; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City accepts participation in the DEO’s Community Resiliency Initiative Pilot Program and that the proper officials of the City are hereby authorized and directed to take such further action as they may deem necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the agreement, attached as Exhibit “A.” Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2015. __________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________ __________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 1 AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF CLEARWATER, FLORIDA THIS AGREEMENT is made and entered into in Tallahassee, Leon County, State of Florida, between the Florida Department of Economic Opportunity ( “DEO”), having its principal office at 107 East Madison Street, Tallahassee, Florida 32399, and City of Clearwater, FL (“Recipient”), having its principal office at 100 South Myrtle Avenue, Clearwater, Florida 33756. DEO and Recipient may hereinafter be referred to individually as a “Party” or collectively as the "Parties." WHEREAS, DEO’s Community Resiliency Initiative is an effort to provide technical assistance to local governments in adapting to current and future coastal hazards in existing planning frameworks; and WHEREAS, pursuant to the work carried out by DEO in fulfillment of its commitments in Grant Agreements CM403 and CM501, and all subsequent contracts and amendments to such contracts between DEO and the Florida Department of Environmental Protection ( “DEP”) under a federal grant from the National Oceanic and Atmospheric Administration ( “NOAA”) to DEP, DEO will designate three (3) pilot communities to evaluate coastal vulnerability assessment and adaptation planning approaches and resources, and will provide services through a contractor to develop sea level rise vulnerability assessment and adaptation plans for the pilot communities; and WHEREAS, the Recipient is designated as one of the three (3) pilot communities; and WHEREAS, DEO has entered into Contract Number C1469 with Dewberry Consultants, LLC (“Contractor”) (a copy of which is attached here to and incorporated herein as Exhibit “A”), to develop coastal vulnerability assessments and adaptation plans for each pilot community; and WHEREAS, the Parties agree to work together in good faith to carry out the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby DEO will provide a contractor to provide consultant services to develop a coastal hazards vulnerability assessment and adaptation plan for Recipient. Recipient agrees to participate in and contribute to the completion of Recipient’s coastal hazards vulnerability assessment and adaptation plan as a pilot community under DEO’s Community Resiliency Initiative. II. AGREEMENT TERM AND RENEWALS This Agreement shall take effect on the date the last Party signs this Agreement and shall end on December 31, 2016, unless otherwise terminated, renewed, or extended in accordance with Section VIII of this Agreement. City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 2 III. DEFINITIONS AND DESCRIPTIONS Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Agreement, have the meanings shown in this Section. Where terms are not defined in this Agreement, such terms shall have ordinarily accepted meanings such as the context implies. 1. Adaptation Plan. An adaptation plan identifies current and future coastal hazards, assesses the impacts of identified hazards, develops strategies and actions to best minimize these impacts, and establishes a process to implement those actions. An adaptation plan is comprised of four essential components (i.e., parts): defining the adaptation planning Context, completing a Vulnerability Assessment, developing Adaptation Strategies, and Implementation Strategies. Within each of these four main adaptation planning components are a number of supporting tasks that will be addressed during the adaptation planning process. 2. Adaptation Planning. The process of developing one or more parts of Recipient’s local adaptation plan. 3. Adaptation Planning Workshop. One or more public workshops with Recipient to achieve agreed upon workshop objectives. 4. Adaptation Strategies. The toolkit of responses that Recipient can take to adapt to coastal hazards. During the adaptation planning process, Recipient will identify one or more focus area(s) or issue(s), identify a series of adaptation strategies, and prioritize the community’s adaptation needs through the utilization of a Decision Making Framework. Adaptation strategies are often classified according to the categories of Protection, Accommodation, and Managed Retreat. 5. Agreement Manager. The office or position designated and charged with the administration and enforcement of this Agreement. Agreement Managers are listed in Section IX of this Agreement. 6. Coastal Hazard. Includes, but is not limited to: high tides, storm surge, and the related impacts of rising sea levels. 7. Community Participation. Involves engaging community stakeholders in the adaptation planning process. Opportunities for community participation include, but are not limited to: serving on a steering committee; proposing guiding principles and motivations for the adaptation planning process; choosing methodologies and tools Contractor will use to develop a draft coastal hazard vulnerability assessment; assisting in the selection or delineation of adaptation focus areas or issues; providing comments related to Recipient’s draft coastal hazard vulnerability assessment; proposing adaptation strategies, or preferences for strategies which Recipient can take to adapt to the findings identified in Recipient’s’ final coastal hazard vulnerability assessment; proposing implementation strategies; and, providing comments related to Recipient’s draft coastal hazards adaptation plan. 8. Community Stakeholder. Any institution, other entity, or individual that has a latent or expressed interest in Recipient accomplishing its mission and goals under this Agreement. 9. Confidential Information. Information which is protected from disclosure as a public record by law including information which is designated as “confidential” or “confidential and exempt” from disclosure as a public record under the Florida Statutes. 10. Context. Refers to the preparatory activities taken by Recipient at the beginning of the adaptation planning process. These preparatory activities include: assembling a steering committee; identifying opportunities for community participation; setting guiding principles and motivations; and, describing the adaptation planning context. This last activity, describing the planning context, offers an opportunity to analyze prior related planning efforts that may have City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 3 occurred within or near the community, information gaps related to adaptation planning, the available human capacity (such as coastal scientists and land‐use planners), and the outside resources needed to conduct the locally desired planning effort. Describing the planning context provides Recipient with a chance to assess the scope of work and the resources applicable to the adaptation planning process. 11. Coordination Meeting. A webinar meeting between Recipient (Agreement Manager, Steering Committee, and Community Stakeholders), DEO staff, and Contractor. The coordination meeting will serve to establish a working relationship between parties. 12. Decision Making Framework. An objective framework that incorporates qualitative and quantitative measures of Project benefits, feasibility, acceptance, and obstacles to systematically evaluate options. The development of a decision making framework will consider Recipient’s risk portfolio as well as more qualitative dimensions of Recipient’s capabilities, including legal, fiscal, administrative, political, and technical aspects. Potential obstacles for implementation will be included through qualitative (i.e., perceived acceptance) and quantitative (i.e., cost) metrics. The end product of the framework will be a spreadsheet‐based tool used as a scoring matrix that will support rating and prioritization of potential adaptation measures. The framework and resulting tool will help facilitate objective scoring and transparency in the adaptation strategy evaluation process. 13. Design Meeting. An in‐person public meeting designed to engage community stakeholders in order to capture input and tailor the vulnerability assessment approach used by Contractor to meet Recipient’s needs. The meeting will have a participatory structure that will help generate buy‐in through participation by stakeholders. 14. Exposure Analysis. An analysis utilizing geospatial hazard projection data to answer the question “where” based on two choices – when (i.e., what planning time horizon) and how much (i.e., which scenario). The “where” will depend on which computer model is used (e.g., Florida Department of Transportation Sketch Planning tool; Sea Level Affecting Marshes Model) to produce the projection. The analysis can depict which areas in the community is likely to be susceptible to the chosen scenario. In addition, the exposure analysis may incorporate the effect that one hazard will have on other coastal hazards, such as the relationship between sea level rise and habitat migration or storm surge. The results from Recipient’s Exposure Analysis will be included in Recipient’s Risk Portfolio. 15. Funding Options. Funding options based on: community budget entities that can absorb adaptation projects; grants available through governmental and non‐governmental entities; and innovative financing techniques. 16. Impact Analysis. An impact (sensitivity) analysis that identifies the potential physical/economic impairment to different assets/entities located in areas that are at risk to a coastal hazard scenario projected during the Exposure Analysis. The results from Recipient’s Impact Analysis will be included in Recipient’s Risk Portfolio. 17. Project. Refers to a Recipient’s adaptation planning process. 18. Project Work Plan. See “Work Plan.” 19. Pilot Community. Refers to any of the three communities selected to take part in the evaluation and development of adaptation planning guidance materials. 20. Risk Portfolio. A summary of the baseline and future coastal hazard risk, presented in geospatial, tabular, and narrative summaries. The portfolio includes summaries of risk by sector, multiple‐geographies, and sea level rise conditions. Summaries of impacts by section (e.g., commercial, residential, critical infrastructure) will allow each community to identify the local and risk to specific asset categories such as residential, commercial, transportation, and other critical infrastructure services. Geographic distribution of risk will be developed for multiple City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 4 geographies – from gridded summary coverage, sub‐watershed, and municipal levels. This information will be assembled in the form of an appendix, to be included in the adaptation plan for Recipient. 21. Stakeholder. See “Community Stakeholder.” 22. Steering Committee. An advisory committee usually made up of high level stakeholders and/or experts who provide guidance on key issues. A steering committee typically includes diverse representation from community staff and community members. Effective Committee composition will ensure that technical accuracy and thoroughness of Recipient’s adaptation planning process is achieved and whose participation and support will enhance the process’s political acceptability. Depending on the size of the community and topics addressed during the planning process, the size of an effective steering committee generally ranges from five to twenty members. The Committee, its membership, and its responsibilities should be formalized through resolution or association to a previously adopted group. 23. Vulnerability Assessment. Measures the coastal hazard exposures Recipient is likely to experience, and sensitivities (e.g., populations and land uses) that may be exposed to the identified hazards. Assessment activities typically include: conducting an exposure analysis, conducting an impact analysis, and assessing Recipient’s adaptive capacity based on the findings from the impact analysis. 24. Work Plan. The work plan will serve as a cumulative record of Recipient’s planning process. Work plans will be developed as evolving documents during the term of Recipient’s adaptation planning process. Contents of the work plan will serve as a foundation of Recipient’s adaptation plan. Contents of the work plan are dependent upon Recipient’s adaptation planning process, and are likely to include: major Project milestones; a timeline for accomplishing major Project milestones; interim task to be completed; actions taken by Contractor and Recipient; alternatives considered and chosen by Recipient; data, methods, and approaches used; findings; relevant figures and tables; and supplementary resources available to Community Stakeholders. IV. DEO RESPONSIBILITIES DEO shall: 1. Provide an Agreement Manager for this Agreement. 2. Provide the services of Contractor under Contract Number C1469 to Recipient to complete a coastal hazard risk and vulnerability assessment. 3. Perform all its obligations under Contract Number C1469, including holding Contractor accountable to perform under Contract Number C1469. 4. Provide Recipient’s contact information to Contractor. V. RECIPIENT RESPONSIBILITIES Recipient shall: 1. Assign an Agreement Manager for this Agreement. 2. Form or assign a local Project Steering Committee. 3. Provide meeting space for small and large organizational and public meetings. City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 5 4. Direct Recipient’s Agreement Manager and Steering Committee to actively participate in and contribute to Contractor’s completion of Recipient’s coastal hazard risk and vulnerability assessment as described in Exhibit A, which includes the following Tasks: a. Coordinate with Contractor to determine a date and time period to hold a coordination meeting. (1) Participate in a coordination phone call with Contractor to finalize details for the coordination meeting. (2) Review Contractor’s draft coordination meeting agenda and discuss expected outcomes from the coordination meeting. (3) Identify community stakeholders and encourage them to participate in the coordination meeting, which participation should, at a minimum, include Project Steering Committee members. (4) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective coordination meeting (e.g., projector, flip‐charts, markers, notecards, telephone equipped with conference call feature). b. Prepare for coordination meeting. (1) Identify and reserve a meeting space for the coordination meeting. (2) Assemble and prepare necessary meeting equipment and supplies. (3) Provide notice and coordination meeting details to identified community stakeholders. c. Participate in a coordination meeting. (1) As host, facilitate the introduction of Contractor staff and community stakeholders. (2) Participate in a discussion of potential coastal hazard impact scenarios. (3) Participate in a discussion of roles and responsibilities of key participants during the Project term. (4) Identify opportunities and approaches for community participation during the Project term. (5) Coordinate in the development of guiding principles and motivations for Recipient’s adaptation planning process. (6) Coordinate in the selection of date(s) and times for Recipient’s design meeting. (7) Contribute in the development of a draft Project work plan to accomplish major Project milestones. d. Prepare for design meeting. (1) Identify and reserve a meeting space for the design meeting. (2) Coordinate with Contractor to determine and transfer available community data and resources. (3) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective design meeting. (4) Assemble and prepare necessary meeting equipment and supplies. (5) Provide public notice and design meeting details to community stakeholders. (6) Conduct public outreach to encourage community stakeholders’ participation in the design meeting. (7) Participate in a coordination phone call with Contractor to finalize design meeting details. e. Host a design meeting. (1) As the host, facilitate an introduction of Contractor’s staff. City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 6 (2) Participate in a discussion that focuses on how meeting participants are already being impacted by coastal hazards. (3) Participate in a discussion of Project expectations. (4) Participate in a review of the benefits and disadvantages of available methodology, tools and approaches available for use to complete Recipient’s vulnerability assessment. (5) Choose methodologies, tools, inputs and planning horizons used to develop Recipient’s coastal hazard vulnerability assessment. f. Prepare for a physical meeting to review the results of Recipient’s draft vulnerability assessment. (1) Identify and reserve a meeting space for the meeting. (2) Assemble and prepare necessary meeting equipment or supplies. (3) Provide public notice and meeting details to community stakeholders. (4) Conduct public outreach to encourage community stakeholders’ participation in the meeting. (5) Participate in a coordination phone call with Contractor to finalize meeting details. g. Participate in a physical meeting to review the results of Recipient’s draft vulnerability assessment. (1) Participate in an interactive discussion on draft vulnerability assessment results. h. Organize and provide stakeholder comments to Contractor to allow finalization of Recipient’s coastal hazard vulnerability assessment. (1) Coordinate with Contractor to identify final delivery date of stakeholder comments. (2) Organize all available community stakeholder comments. (3) Electronically transmit stakeholder comments on or before the agreed upon delivery date. i. Coordinate with Contractor to identify lessons learned throughout the vulnerability assessment development process. j. Receive final vulnerability assessment from Contractor. 5. Direct Recipient’s Agreement Manager and Steering Committee to actively participate in and contribute to the completion of Recipient’s coastal hazard risk adaptation plan. a. Coordinate with Contractor to determine a date and time period to hold an adaptation planning workshop. b. Prepare for adaptation planning workshop. (1) Participate in a coordination phone call with Contractor to finalize details for the adaptation planning workshop. (2) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective workshop. (3) As requested, provide pertinent information to assist Contractor in meeting preparation. (4) Identify and reserve a meeting space for the workshop. (5) Provide public notice and workshop details to community stakeholders. (6) Conduct public outreach to encourage community stakeholders’ participation in the workshop. City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 7 c. Participate in adaptation planning workshop. (1) Determine whether a stand‐alone adaptation planning process should be used, or one that leverages existing or on‐going processes, such as a local comprehensive plan update process. (2) Select or delineate adaptation focus areas or issues. (3) Provide feedback on the customized decision‐making framework developed by Contractor, to allow for incorporation of criteria, scoring, and/or weighting factors. (4) Participate in a discussion of adaptation strategies for key focus areas based on existing and planned land uses. (5) Provide input to Contractor to allow for prioritization and selection of adaptation strategies, approaches, and tools to address key focus areas and issues identified by community stakeholders. (6) Contribute in the creation of an inventory of adaptation implementation activities and actors (e.g., local government staff position) responsible for each adaptation action. (7) Review and identify available options and timelines for integration of adaptation strategy alternatives into existing plans and regulations. (8) Review and identify available funding options and mechanisms to support the implementation of all preferred adaptation strategies. (9) Participate in a discussion on the development of strategies for monitoring and evaluating Recipient’s implementation strategy. d. Participate in a post‐workshop organizational call with Contractor. (1) Review updates to Recipient’s Project work plan. (2) Provide required additional information or address unresolved task necessary to complete Recipient’s draft adaptation plan. e. Organize and provide stakeholder comments to Contractor to allow finalization of Recipient’s coastal hazard adaptation plan. (1) Coordinate with Contractor to identify final delivery date of stakeholder comments. (2) Organize all available community stakeholder comments. (3) Electronically transmit stakeholder comments on or before the agreed upon delivery date. f. Coordinate with Contractor to identify lessons learned throughout the adaptation plan development process. g. Receive final adaptation plan from Contractor. 6. Complete all tasks listed in this Section V of this Agreement in accordance with the agreed upon timeline established by Recipient’s completion of the Task listed in Section V.4.C(7) (draft Project work plan) and the approximate time periods for completion of Recipient’s responsibilities established in Exhibit B. In the event that Recipient is unable to respond to Contractor on a particular item per the schedule’s requirement, it is expected that Contractor will move the Project along as necessary at the direction of DEO staff and the original scope. VI. TERMS, AMENDMENTS AND CHANGES This Agreement represents the entire agreement among the Parties and, upon this Agreement's effective date, replaces all prior negotiations, interpretations and understandings between the Parties City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 8 related to the subject of this Agreement. With the exception of contact information specified in Section IX, AgreementManagers, any changes, alterations, deletions, or additions to the terms set forth in this Agreement must be by written amendment executed by all Parties. City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 9 VII. COSTS There are no costs associated with this Agreement. VIII. TERMINATIONS, RENEWALS, AND EXTENSIONS A. This Agreement shall terminate automatically if DEP does not continue to contract with DEO for services provided under the Federal Grant with NOAA. DEO will provide written notice to Recipient of the termination on this basis upon receiving written notification from DEP. B. This Agreement may be terminated mutually by a written agreement signed by the Parties, or unilaterally by any Party, for any reason, provided the terminating Party serves the other Party with a written notice of an intention to terminate the Agreement at least sixty (60) days prior to the intended termination date. C. If changes in governing state or federal laws or regulations render performance by any Party or any provision of this Agreement illegal, impracticable, or impossible, said Party's obligations for performance, or said provision of this Agreement, shall immediately terminate. D. This Agreement may be extended pursuant to section 287.057(12), F.S., for a period not to exceed six (6) months. Any extension shall be in writing, shall be signed by all Parties, and shall be subject to the same terms and conditions set forth in the initial Agreement. Only one extension is authorized unless the failure to meet the criteria set forth in this Agreement is due to events beyond the control of the Parties. E. This Agreement may be renewed in accordance sections 287.057(13) and 287.058(1)(g), F.S., and is contingent upon satisfactory performance evaluations by DEO and is subject to the availability of funds. Renewal of this Agreement shall be in writing, shall be signed by all Parties, and shall be subject to the terms and conditions set forth in the existing Agreement. Renewal shall be limited to an additional term not to exceed three (3) years. F. This Agreement may be terminated by DEO if Contract Number C1469 between Contractor and DEO is terminated for any reason. G. Recipient understands that Recipient is not, and shall not be construed as, a third‐party beneficiary to Contract Number C1469 between Contractor and DEO. IX. AGREEMENT MANAGERS A. DEO designates Sean Reiss as its Agreement Manager for all issues relating to this Agreement, whose title is Regional Planning Administrator, and who can be contacted by telephone at (850) 717‐8511 or by e‐mail at Sean.Reiss@deo.myflorida.com, and whose address is Department of Economic Opportunity, Bureau of Community Planning, 107 East Madison Street, Caldwell Building, MSC 160, Tallahassee, Florida 32399‐4135. B. Recipient designates Michael Delk as its Agreement Manager for all issues relating to this Agreement, whose title is Planning and Development Director, and who can be contacted by City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 10 telephone at 727‐562‐4561, by e‐mail at Michael.Delk@myclearwater.com, and whose address is 100 South Myrtle Avenue, Clearwater, Florida 33756. C. In the event that any Party designates a different Agreement Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone number, and email address of the newest Agreement Manager to all other Parties. A designation of a new Agreement Manager shall not require a formal amendment to the Agreement. X. PUBLIC RECORDS The Parties acknowledge their public records responsibilities under chapter 119, F.S. In the event a Party provides information to the other Party that is confidential and exempt from the requirements of chapter 119, F.S, the Party providing that information shall clearly identify the protected information and cite the legal authority supporting the claim of confidentiality. XI. PUBLIC ANNOUNCEMENTS AND ADVERTISING Unless done in performance of the Tasks listed herein, no public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of DEO. Recipient is prohibited from using information about this Agreement in brochures or other promotions, including press releases, unless prior written approval is obtained from DEO. XII. LIABILITY AND INDEMNIFICATION Each Party is responsible only for its own intentional acts, negligence, or omissions, or those of its employees, agents, officers, heirs, and assignees, including inappropriate release or use of the confidential information exchanged under this Agreement. Nothing in this section shall be construed as an indemnification or a waiver of sovereign immunity enjoyed by any Party to this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES APPEAR ON FOLLOWING PAGE City of Clearwater DEO Agreement Number: F1129 Resolution No. 15‐21 Exhibit A [A04‐01420 /170719/1] 11 IN WITNESS HEREOF, the Parties agree to the terms and conditions set forth in this Agreement, and upon placing their signatures below, have hereby caused this Agreement to be executed. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY CITY OF CLEARWATER, FLORIDA By:_________________________________ Signature Printed Name: William B. Killingsworth____ Title: _Director, Division of Community___ _ Development_________________________ Date:________________________________ FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Office of General Counsel Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties By:_____________________________________ Signature Printed Name:___________________________ Title: Assistant General Counsel_____________ Date:__________________________________ By:___________________ __________ George N. Cretekos, Mayor By:___________________ __________ William B. Horne II, City Manager Approved as to form: By:___________________ __________ Camilo A. Soto, Assistant City Atty. Attest: By:___________________ __________ Rosemarie Call, City Clerk Date:_________________ ____ _____ Ci t y of Cl e a r w a t e r DE O Ag r e e m e n t Nu m b e r : F1 1 2 9 Re s o l u t i o n No . 15 ‐21 Ex h i b i t A [A 0 4 ‐ 0 1 4 2 0 / 1 7 0 7 1 9 / 1 ] 12 EX H I B I T A De w b e r r y c o n t r a c t - Pil o t C o m m u n i t i e s . p Ci t y of Cl e a r w a t e r DE O Ag r e e m e n t Nu m b e r : F1 1 2 9 Re s o l u t i o n No . 15 ‐21 Ex h i b i t A [A 0 4 ‐ 0 1 4 2 0 / 1 7 0 7 1 9 / 1 ] 13 EX H I B I T B AP P R O X I M A T E TI M E PE R I O D S FO R CO M P L E T I O N OF RE C I P I E N T ’ RE S P O N S I B I L I T I E S In o r d e r t o i n c r e a s e t h e l i k e l i h o o d o f P r o j e c t s u c c e s s , t h e f o l lo w i n g a p p r o x i m a t e t i m e p e r i o d s f o r t h e c o m p l e t i o n o f R e c i p i e n t s’ re s p o n s i b i l i t i e s h a v e b e e n e s t a b l i s h e d . T h e m a j o r R e c i p i e n t R e s po n s i b i l i t i e s , o r t a s k s , a s p r o v i d e d f o r i n S e c t i o n V o f t h i s Ag r e e m e n t , h a v e b e e n l i s t e d o n t he l e f t s i d e o f t h e t a b l e b e l o w . T h e “ t a s k # ” c o r r e s p o n d s t o r e s p o n s i b i l i t i e s l i s t e d i n S e c t i o n V. Ac r o s s t h e t o p o f t h e t a b l e , t h e y e a r c o l u m n s a r e n o t m e a n t t o de m a r c a t e e x a c t m o n t h s ; r a t h e r , t h e y a l i g n g e n e r a l l y w i t h pr o j e c t s t a r t a n d c o m p l e t i o n t i m e s . S h a d e d b o x e s i n d i c a t e g e n e r al t i m e o f t a s k e x e c u t i o n , a n d a l t e r n a t i n g s h a d i n g ( r e d t o b l u e ) is u t i l i z e d t o i n c r e a s e l e g i b i l i t y . Re c i p i e n t Re s p o n s i b i l i t y 20 1 5 20 1 6 *No t e : c o l u m n s d o n o t c o r r e s p o n d to s p e c i f i c m o n t h s i n e i t h e r y e ar . Ta s k # Ta s k 1 ‐ Vu l n e r a b i l i t y As s e s s m e n t 4 ( a ) C o o r d i n a t e w i t h C o n t r a c t o r 4 ( b ) P r e p a r e f o r C o o r d i n a t i o n M e e t i n g 4 ( c ) C o o r d i n a t i o n M e e t i n g 4 ( d ) P r e p a r e f o r D e s i g n M e e t i n g 4 ( e ) P a r t i c i p a t e i n D e s i g n M e e t i n g 4 ( f ) Pr e p a r e f o r A s s e s s m e n t R e v i e w Me e t i n g 4 ( g ) P a r t i c i p a t e i n R e v i e w M e e t i n g 4 ( h ) 30 D a y R e c i p i e n t R e v i e w a n d Co m m e n t 4 ( i ) Pr o v i d e l e s s o n s l e a r n e d t o Co n t r a c t o r Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1571 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize the City Manager or designee to negotiate a Lease Agreement with top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to demolish the existing structure located at 37 Causeway Boulevard and construct and operate a new restaurant for a term not to exceed thirty years; approve the Second Amendment to Lease Agreement (current lease agreement) with Clearwater Beach Seafood, Inc. and authorize the appropriate officials to execute same. (consent) SUMMARY: The City owns the property located at 37 Causeway Boulevard on Clearwater Beach. Clearwater Beach Seafood, Inc. leases the property from the City to operate a restaurant known as Crabby Bills Seafood. The current lease is scheduled to expire on September 30, 2015. Additionally, the existing building is nearing the end of its useful life, but is a significant Marina Enterprise Fund asset due to its location on a highly visible lot adjacent to the Clearwater Beach Marina and Pier 60. Therefore, an RFP for a new lease was released on April 21, 2015. Requirements in the RFP included demolition of the current structure and construction and operation of a new restaurant of the most appropriate type and quality to complement the City’s beach redevelopment efforts, as well as provide a commercially advantageous return to the Marina Enterprise Fund. The City received proposals from three development teams: ·Clearwater Beach Seafood, Inc.(current leasehold tenant) ·37 Causeway Boulevard, LLC ·CC Development, LLC The CC Development, LLC proposal was incomplete and was thus determined to be non-responsive to the RFP. The two remaining proposals were determined to be complete and responsive to the RFP. A Selection Committee made up of the Assistant City Manager for Economic Development; Economic Development and Housing Director; Planning and Development Director; Finance Director; Marine and Aviation Director; and Real Estate Services Coordinator met on June 26, 2015, to evaluate the two development team proposals according to the following evaluation criteria stated in the RFP: 1) Experience in restaurant management and operations 25% Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1571 2) Restaurant theme/type/quality 25% 3) Professional expertise/composition of the design and construction team 15% 4) Financials - resources, capital funding, demolition and new building infrastructure 15% 5) Compensation to the City 20% The committee subsequently invited the two teams to make oral presentations to the Committee on July 22, 2015, to expand upon their written submissions and answer any questions the Committee had concerning the written proposals. Subsequent to the oral presentations, the Committee completed their evaluations and ranking of the two firms. The final ranking is as follows: 1)Clearwater Beach Seafood, Inc. (current leasehold tenant) 2)37 Causeway Boulevard, LLC While the two firms scored similarly in several categories, they differed notably in restaurant theme/type/quality, demonstrated brand strength in the market, and in the amount of compensation each firm proposed to be paid to the City over the term of the leases proposed. 37 Causeway Boulevard, LLC offered a mix of two restaurant types in its proposal. The proposal described one restaurant as a ground floor tenant with an internationally known brand and the other as a restaurant operated by team members with a polished casual atmosphere and a chef-inspired menu. However, during the verbal presentation, 37 Causeway Boulevard, LLC revealed that its proposed ground-floor tenant had not yet committed to the venture. Subsequent to the verbal presentation, the proposed ground floor tenant provided a Letter of Intent. Committee concerns with this proposal included risk components of the unproven chef-inspired restaurant concept and the lack of a formal agreement with the ground floor tenant. The firm proposed to pay the City a base rent of $120,000 in year one of the lease along with 8% of gross alcohol sales above $10,000 in sales monthly (total year-one estimate of $70,404). Estimated cash return to the City over term of proposed lease: $8,386,203. Clearwater Beach Seafood, Inc. proposes to continue to operate a restaurant under its well-known brand, Crabby Bills. The firm promoted its name recognition among residents and repeat tourists, as well as a history of very positive reviews from customers of this location. Their presentation highlighted their evolving menu, which is continuously updated to meet changing customer demand and their proven brand appeal in the market. They proposed to pay the City a year-one base rent of $136,213. They also proposed to pay the City 9% of alcohol sales above $10,000 monthly (total year-one estimate of $83,086) and 2% of gross food sales above $4,000,000 annually (year one estimate of $4,000). Estimated cash return to the City over term of proposed lease: $10,984,403. The RFP required total redevelopment of the site. Both proposals complied with this requirement and each proposed a new building that would offer indoor and outdoor seating in an attractive building that takes advantage of the spectacular views. Both firms proposed acceptable construction schedules. 37 Causeway Boulevard, LLC proposed a new restaurant opening in December, 2016, and Clearwater Beach Seafood, Inc. proposed an opening in February, 2017. The Selection Committee recommends the Council designate Clearwater Beach Seafood, Inc. as preferred lessee and authorize staff to negotiate a lease for consideration by the Council for the following reasons: 1)An established restaurant operation with proven profitability, market share and likely Page 2 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1571 sustainability in the market over an extended period 2)Innovative, proven established management team with evidenced quality control and continuous product /menu evaluation and improvement to meet market conditions 3)An attractive, modern building design which is consistent with the repositioning of the Beach and the Marina site and a $1.9 million investment in the structure 4)Strong financial position indicating the ability to perform, deliver and sustain the lease and redeveloped property across economic cycles - $1.8 million in escrowed construction funds, with no debt issuance required; $325,000 operating reserve for FF&E: established cash flow projections benchmarked against actual operations, etc. 5)Superior financial return to City, with a projected return of $10,984,403 over term of the lease at proposed lease structure projections While Clearwater Beach Seafood’s proposal was deemed most responsive and advantageous to the City, there are several items that the Committee believes need to be vetted more fully during lease negotiations in order to finalize a recommendation of lease award. First, staff would like to discuss with the proposer how to amend their building design to activate and create a retail presence on the street level of the building. Having this critical corner on the Beach lively and interesting for passersby, as well as patrons, would facilitate and move forward the objectives of Beach by Design. The proposers have indicated a desire to support this objective, by adding seating and food service at street level consistent with development and property restrictions. Second, staff would like to discuss and understand, in greater detail, the interior design of the restaurant vis-à-vis the modern, contemporary facade of the exterior building. An evolution of the current Crabby Bill’s interior design brand is needed in the new building to keep the product fresh in the market as well as being important to the long-term success of the lease tenancy. Finally, staff would also like to learn more about the firm’s future marketing and branding strategy. Crabby Bills is a well established brand with an embedded customer perception as a casual restaurant. However, its menu offerings and pricing strategy at this location suggest a higher-tiered dining experience. Currently, Crabby Bills’ customers spend an average of $29 per visit. While the casual restaurant setting is a true fit for beach goers, current development of several high-end hotels on south Clearwater Beach may bring forth a clientele seeking a slightly more upscale dining option. Staff seeks a better understanding of how the management team intends to meet this market evolution. A branding strategy aimed at differentiating this Crabby Bills location from others, including its Beach Walk restaurant, will help to meet this demand and assure the long-term viability/profitability of the tenancy. Staff will address these issues during lease negotiations and incorporate the results in the lease recommendation to Council. Next Steps: 1) Staff negotiates a lease agreement with Clearwater Beach Seafood, Inc. and presents to Council for approval 2) Clearwater Beach Seafood, Inc. files development application with the City’s Planning and Development Department 3) CDB considers site plan; development order is issued 4) Clearwater Beach Seafood, Inc. files for permits 5) Construction commences 6) New restaurant opening Page 3 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1571 It is unlikely that negotiations for a new lease will be complete prior to the expiration of the current lease. The proposed Second Amendment to Lease Agreement with Clearwater Beach Seafood, Inc. will extend the current lease on a month-to-month basis until such time as a new lease is approved by Council or upon thirty days notice of termination by either party. APPROPRIATION CODE AND AMOUNT: N/A Page 4 City of Clearwater Printed on 8/28/2015 CHA CHA COCONUTS CLEARWATER BEACH, FLORIDA CC DEVELOPMENT, LLC RFP #20-15 Restaurant Demolition, Construction, Operation and Maintenance June 3, 2015 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. OW N E R AR C H I T E C T BE H A R + P E T E R A N E C Z : A R C H I T E C T U R E 10 3 R O G E R S S T R E E T CL E A R W A T E R , F L O R I D A 3 3 7 5 6 PH O N E : 7 2 7 . 4 7 8 . 3 0 7 3 PR O J E C T T E A M D I R E C T O R Y April 3 2015 CO V E R D A T A S H E E T CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A000 CC D E V E L O P M E N T L L C . BU I L D I N G A R E A S Na m e C o u n t A / C N O N - A / C A r e a Gr o u n d L e v e l 1 Ic e C r e a m S h o p 1 A / C 3 1 3 S F Lo b b y 1 A / C 6 9 0 S F Lo w e r B a r 1 A / C 9 3 4 S F Op e n A r e a 1 N O N - A / C 1 , 9 0 5 S F Re s t r o o m M 1 A / C 1 1 0 S F Re s t r o o m W 1 A / C 1 5 9 S F St o r a g e 2 A / C 8 7 9 S F 8 4 , 9 9 1 S F Mid L e v e l 2 Co l d R o o m 2 A / C 1 5 4 S F Ex t e r i o r D i n i n g 1 N O N - A / C 2 , 3 5 0 S F Ki t c h e n 1 A / C 7 1 2 S F Lo b b y 1 A / C 6 9 2 S F Of f i c e 1 A / C 1 1 9 S F Re s t a u r a n t 1 A / C 1 , 3 4 7 S F Re s t r o o m M 1 A / C 1 1 5 S F Re s t r o o m W 1 N O N - A / C 1 5 9 S F 9 5 , 6 4 9 S F Up p e r L e v e l 3 Ex t e r i o r L o u n g e 1 N O N - A / C 2 , 0 5 5 S F Lo b b y 1 A / C 6 9 2 S F Of f i c e 1 A / C 1 2 1 S F Re s t r o o m M 1 A / C 1 1 5 S F Re s t r o o m W 1 A / C 1 5 9 S F Ro o f T o p B a r 1 A / C 8 2 1 S F St o r a g e 2 A / C 3 8 1 S F 8 4 , 3 4 5 S F Gr a n d t o t a l 2 5 1 4 , 9 8 5 S F SHEET LIST Sheet NumberSheet Name A000COVER DATA SHEET A001ARCHITECTURAL SITE REFERENCE A101GROUND LEVEL A102LEVEL 2 A103LEVEL 3 A200ELEVATIONS A201ELEVATIONS A300RENDERINGS A301RENDERINGS A302RENDERINGS A400IMAGE A401MENURENDERLOCATION MAP RF P 2 0 - 1 5 No t Y o u r T y p i c a l T r o p i c a l B a r a n d G r i l l Ex p e r i e n c e F l o r i d a l i k e a n a t i v e : J o i n u s a t C h a C h a C o c o n u t s a nd l o s e y o u r s e l f i n o u r ca r e - f r e e b e a c h a t m o s p h e r e . Fl o r i d a i s n ’ t j u s t a s t a t e ; i t ’ s a s t a t e o f m i n d . R e s i d e n t s a n d t o u r i s t s a l i k e w a n t a l i t t l e sa n d i n t h e i r s h o e s a n d r u m i n t h e i r d r i n k s . We o f f e r c a s u a l d i n i n g w i t h a t r o p i c a l t w i s t , f e a t u r i n g a s a v o r y s e l e c t i o n o f s e a f o o d , sa n d w i c h e s a n d o t h e r i s l a n d - s t y l e f a r e . Re l a x i n o u r d i n i n g r o o m o r e n j o y a n o u t d o o r t a b l e w h i l e s i p p i n g o n o n e o f o u r r e f r e s h i n g fr o z e n d r i n k s a n d s a m p l i n g o u r c as u a l C a r i b b e a n m e n u . F a v o r i t e di s h e s i n c l u d e C o c o n u t Sh r i m p , F l o r i d a ’ s F a m o u s F r e s h G r o u p e r , F i s h T a c o s a n d H a l f - p o u nd B u r g e r s . Hi s t o r y Th e C h a C h a C o c o n u t s o n S t . A r m a nd s C i r c l e i n S a r a s o t a j u s t c e l eb r a t e d i t s 2 5 t h an n i v e r s a r y . I n t h e 1 9 8 0 s , t h e C o l u m b i a R e s t a u r a n t G r o u p p u t a Ch a C h a C o c o n u t s i n th e S t . P e t e r s b u r g P i e r , w h i c h d id g r e a t b u s i n e s s w i t h i t s w a t e rf r o n t l o c a t i o n a n d r o o f t o p sp a c e . A n u m b e r o f h i g h - p r o f i l e ac t s h a v e p l a y e d t h e P i e r , b a c k ed b y t h e r e s t a u r a n t . Th a t l o c a t i o n i s c l o s e d n o w , w h i l e t h e P i e r i s b e i n g r e t h o u g h t an d r e b u i l t b y t h e C i t y o f S t . Pe t e r s b u r g . Pa r t o f t h e G o n z m a r t F a m i l y o f R e s t a u r a n t s Co l u m b i a R e s t a u r a n t G r o u p p r e s i d e n t R i c h a r d G o n z m a r t i s t h e f o u rt h g e n e r a t i o n m e m b e r of t h e f o u n d i n g f a m i l y , w h i c h s t a r t e d t h e o r i g i n a l C o l u m b i a R e s ta u r a n t i n T a m p a ’ s Y b o r Cit y . T h a t l o c a t i o n i s t h e o l d e s t r e s t a u r a n t i n F l o r i d a a n d t h e l a r g e s t S p a n i s h r e s t a u r a n t in t h e w o r l d . T h e r e a r e s i x o t h e r C o l u m b i a R e s t a u r a n t s i n F l o r i da , i n c l u d i n g S a r a s o t a (w h i c h o p e n e d 5 2 y e a r s a g o ) a n d S t . A u g u s t i n e ( w h i c h o p e n e d 3 2 ye a r s a g o ) . T h e r e ’ s al s o a C o l u m b i a i n S a n d K e y , w h i c h o p e n e d i n 1 9 8 9 . Th e r e s t a u r a n t g r o u p h a s b e e n c o n t i n u o u s l y o w n e d b y t h e s a m e f a mil y s i n c e 1 9 0 5 . Th e C o l u m b i a h a s b e e n i n d u c t e d i n t o F l o r i d a T r e n d m a g a z i n e ' s G o ld e n S p o o n H a l l o f Fa m e , t h e i n d u s t r y ' s h i g h e s t r e g io n a l a w a r d a s " O n e o f t h e T o p 25 R e s t a u r a n t s i n Fl o r i d a ” a n d n a m e d " O n e o f F l o r i d a ' s T o p R e s t a u r a n t s " s i n c e 1 9 6 7. N a m e d a n A l l - Am e r i c a n I c o n b y N a t i o n ' s R e s t a u r a n t N e w s , i t ’ s o n e o f o n l y 5 0 re s t a u r a n t s i n t h e U . S . ch o s e n f o r t h i s h o n o r . I t h a s e a rn e d t h e " D i s t i n g u i s h e d R e s t a u r an t s o f N o r t h A m e r i c a (D i R o N A ) A w a r d o f E x c e l l e n c e " – o n e o f t h e m o s t p r e s t i g i o u s a w a rd s i n t h e f i n e d i n i n g in d u s t r y . Th e n e w e s t c o n c e p t ( o p e n i n g o n Au g . 2 6 , 2 0 1 3 ) U l e l e h a s b e e n n a me d 1 o f t h e 1 0 0 B e s t Re s t a u r a n t s i n t h e U . S . a n d 1 o f t h e 1 0 0 H o t t e s t R e s t a u r a n t s i n t h e U . S . b y O p e n T a b l e di n e r s . I t a l s o w a s n a m e d o n e o f t h e b e s t n e w r e s t a u r a n t s i n F l or i d a b y F l o r i d a T r e n d . Th e G o n z m a r t F a m i l y o f R e s t a u r a n t s a l s o w i l l o p e n G o o d y G o o d y F am o u s B u r g e r s , a re m a i n i n g o f a n i c o n i c T a m p a r e s t a u r a n t t h a t o p e n e d i n 1 9 2 5 a n d c l o s e d 1 0 y e a r s a g o . Me n u s ht t p : / / w w w . c h a c h a - c o c o n u t s . c o m / p d f s / C h a C h a C o c o n u t s _ M e n u . p d f Ho m e p a g e ht t p : / / w w w . c h a c h a - c o c on u t s . c o m / CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a Ground Level 1 A/C3,086 SF 3,086 SF Mid Level 2 A/C3,139 SF 3,139 SF Upper Level 3 A/C2,290 SF 2,290 SF Grand total8,515 SFGround Level 1 NON-A/C1,905 SF 1,905 SF Mid Level 2 NON-A/C2,509 SF 2,509 SF Upper Level 3 NON-A/C2,055 SF 2,055 SF Grand total6,470 SFBUILDING AREAS DE V E L O P M E N T S C H E D U L E PR O P O S E D S C H E D U L E DE S I G N 15 0 D A Y S RE V I E W P E R M I T T I N G 6 0 D A Y S CO N S T R U C T I O N 20 0 D A Y S RE S T A U R A N T O P E N I N G 3 0 D A Y S PROPERTY LINE EXISTING BUILDING LINESETBACK LINE STEPBACK LINE DEMO LINE SITE LINE FLOOD ELEV. LINE DASH LINELINE LEGEND 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.As indicated April 3 2015 AR C H I T E C T U R A L S I T E R E F E R E N C E CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A001 1/4" = 1'-0"SITE LINE LEGEND 1 " = 4 0 ' - 0 " 1 Si t e NORTH 40 8 S F St o r a g e 1 ? PROJECT NORTHN60' - 0" 47 2 S F St o r a g e 2 ? 31 3 S F Ic e C r e a m S h o p 3 ? 93 4 S F Lo w e r B a r 4 ? 69 0 S F Lo b b y 5 ? 159 SFRestroom W 6 ?110 SFRestroom M 7 ? 19 0 5 S F Op e n A r e a 23 ? El e v a t o r s 95 ' - 0 " 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. 1/8" = 1'-0"April 3 2015 GR O U N D L E V E L CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A101LEVEL 1 NumberNameArea 1Storage408 SF 2Storage472 SF 3Ice Cream Shop313 SF 4Lower Bar934 SF 5Lobby690 SF 6Restroom W159 SF 7Restroom M110 SF 23Open Area1905 SF Grand total: 84991 SF Bar CO O K I N G L I N E 69 2 S F Lo b b y 8 ? 159 SFRestroom W 9 ?115 SFRestroom M 10 ? 71 2 S F Ki t c h e n 11 ? 13 4 7 S F Re s t a u r a n t 12 ? 119 SFOffice13 ?62 SFCold Room 14 ?91 SFCold Room 15 ? 23 5 0 S F Ex t e r i o r D i n i n g 24 ? El e v a t o r s 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. 1/8" = 1'-0"April 3 2015 LE V E L 2 CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A102LEVEL 2 NumberNameArea 1Storage408 SF 2Storage472 SF 3Ice Cream Shop313 SF 4Lower Bar934 SF 5Lobby690 SF 6Restroom W159 SF 7Restroom M110 SF 8Lobby692 SF 9Restroom W159 SF 10Restroom M115 SF 11Kitchen712 SF 12Restaurant1347 SF 13Office119 SF 14Cold Room62 SF 15Cold Room91 SF 16Lobby692 SF 17Storage242 SF 18Office121 SF 19Storage139 SF 20Roof Top Bar821 SF 21Restroom W159 SF 22Restroom M115 SF 23Open Area1905 SF 24Exterior Dining2350 SF 25Exterior Lounge2055 SF Grand total: 2514985 SF 69 2 S F Lo b b y 16 ? 24 2 S F St o r a g e 17 ?121 SFOffice18 ? 13 9 S F St o r a g e 19 ? 82 1 S F Ro o f T o p B a r 20 ? 159 SFRestroom W 21 ?115 SFRestroom M 22 ? El e v a t o r s 20 5 5 S F Ex t e r i o r L o u n g e 25 ? 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. 1/8" = 1'-0"April 3 2015 LE V E L 3 CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A103LEVEL 3 NumberNameArea 16Lobby692 SF 17Storage242 SF 18Office121 SF 19Storage139 SF 20Roof Top Bar821 SF 21Restroom W159 SF 22Restroom M115 SF 25Exterior Lounge2055 SF Grand total: 84345 SF Ground Level 1 0' - 0"Upper Level 3 28' - 0"Roof Level 4 38' - 0"Mid Level 2 14' - 0"Ground Level 1 0' - 0"Upper Level 3 28' - 0"Roof Level 4 38' - 0"Mid Level 2 14' - 0"103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. 3/32" = 1'-0"April 3 2015 EL E V A T I O N S CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A200 3 / 3 2 " = 1 ' - 0 " 1 Ea s t 3 / 3 2 " = 1 ' - 0 " 2 No r t h IM P A C T R A T E D G L A S S A Q U A T I N T METAL STAIRS W CONCRETE PEARL WHITE CLADDING PANELS OF F W H I T E S H A D E D S T U C C O WHITE CONCRETE FINISH OFF WHITE SHADED STUCCOPEARL WHITE CLADDING PANELS WH I T E C O N C R E T E F I N I S H IM P A C T R A T E D G L A S S A Q U A T I N T SY N T H E T I C W O O D FU N C O L O R I C E C R E A M S H O P T B D Ground Level 1 0' - 0"Upper Level 3 28' - 0"Roof Level 4 38' - 0"Mid Level 2 14' - 0"Ground Level 1 0' - 0"Upper Level 3 28' - 0"Roof Level 4 38' - 0"Mid Level 2 14' - 0"103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc. 3/32" = 1'-0"April 3 2015 EL E V A T I O N S CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A201 3 / 3 2 " = 1 ' - 0 " 1 So u t h 3 / 3 2 " = 1 ' - 0 " 2 We s t PEARL WHITE CLADDING PANELS WH I T E C O N C R E T E F I N I S H IM P A C T R A T E D G L A S S A Q U A T I N T SYNTHETIC WOOD SY N T H E T I C W O O D T R E L L I S WHITE CONCRETE FINISH IM P A C T R A T E D G L A S S AQ U A T I N T R A I L I N G WH I T E C O N C R E T E F I N I S H IM P A C T R A T E D G L A S S A Q U A T I N T SY N T H E T I C W O O D T R E L L I S IM P A C T R A T E D G L A S S AQ U A T I N T R A I L I N G PEARL WHITE CLADDING PANELSIMPACT RATED GLASS AQUA TINT 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.April 3 2015 RE N D E R I N G S CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A300 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.April 3 2015 RE N D E R I N G S CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A301 3R D L E V E L L O U N G E S T A I R S 3RD LEVEL LOUNGE CORNER 2N D L E V E L R E S T A U R A N T 2ND LEVEL OPEN STAIRS 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.April 3 2015 RE N D E R I N G S CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A302 GR O U N D L E V E L I C E C R E A M S H O P GROUND LEVEL BEACH DINING AP P R O A C H I N G V I E W S 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.April 3 2015 IM A G E CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A400OTHER LOCATIONS EXISTING AND PREVIOUS St. Petersburg and Sarasota 103 Rogers StreetCLEARWATER, FL 33756t. 727 478 3073 | f. 727 478 3074AA26001704 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz, inc.April 3 2015 ME N U CH A C H A C O C O N U T S 37 C a u s e w a y B o u l e v a r d , C l e a r w a t e r , F l o r i d a A401 Architecture & Engineering Services Cha Cha Coconuts Clearwater Beach, FL -History and Philosophy -Beach By Design Experience -Our Team -Select List of Projects -Representative Projects -Organizational Chart -Our Creative Process -Design Process and Phase -Consultants -The Basic Information - Corporate Certification – Florida Licenses – Certificate of Insurances – W-9 Form TABLE OF CONTENTS Behar + Peteranecz, Inc. formed in early 2008 when Istvan Peteranecz and Jordan Behar joined forces to expand on the success built by Behar Design Inc. which opened it’s doors in the Tampa Bay area in early 2002. The firm, since inception focused on custom design primarily located in coastal environments. Through the addition of Istvan Peteranecz as a partner, a loyal client base, determination and hard work, our portfolio of work has grown to include houses, restaurants, hotels, office buildings, residential living facilities, mixed-use buildings, town homes and condominiums. We strive with passion to design projects that are beautiful, practical and are inspiring. Our work is derived through the use of elements such as color, texture, scale, form, proportion, light, context, detail and history. These elements become our tools that, ultimately, when combined in a pragmatic and clever way, become the building blocks of beauty that excite and invigorate the soul. The service and detail we provide to the client is as important to us as the timelessness of the building and the durability of it’s form. It is our goal to bring the dreams and emotions of our clients into the world through an efficient and cost effective process. Each project requires fresh and unique design solutions to each problem. Our project team that design and detail the building will also follow the project into construction to assist with Contractor bids and to monitor the implementation of the design during construction. This continuity of the design team better allows the original design intent to be realized. Each building varies in detail, style and expression depending on the context, the clients preferences and budget, yet they are all designed with a consistent process and methodology which enables the highest level of service and design. Behar + Peteranecz, Inc. firmly believes that good design improves the experience and enjoyment for the end user. We strive to achieve a balance in our design that is both practical and creative in order to mitigate the economic pressures and the desire for well designed, quality buildings that will stand the test of time. HISTORY & PHILOSOPHY -BPA has been recognized and awarded the “Best of Clearwater” award for Hotels two consecutive years. 2014 & 2015 -Jordan Behar served as Community Development Board Member for Four Years. During this time, important relationships were developed with the city staff and management that allow for easy communication and professional courtesy in order to quickly navigate the red tape that can often delay or derail projects. -To date, BPA has received zoning approval on 100% of all projects submitted to the City that fall under the Beach By Design guideline -BPA has designed and approved more hotel projects on Clearwater Beach in the last 10 years than all other Architects combined. See the following graphic for more information. BEACH BY DESIGN EXPERIENCE BEACH BY DESIGN EXPERIENCE - NORTH BEACH BEACH BY DESIGN EXPERIENCE - SOUTH BEACH ISTVAN PETERANCEZ PRINCIPAL Istvan Peteranecz, AIA, is a Principal at Behar + Peteranecz Architecture. Mr. Peteranecz brings nearly thirty (30) years of expansive professional experience in architectural design and practice and construction methodology. His areas of expertise are historic preservation and reuse. He also has significant experience with high-density condominium, urban in-fill projects, restaurant/hospitality, single-family and multi-family housing, mixed-use commercial/residential projects, as well as land planning and rezoning. His work has been published in several national magazines. Mr. Peteranecz joined with Jordan Behar to form Behar + Peteranecz in 2008. LICENSES - NCARB - Maryland - Florida - Alabama - North Carolina - Colorado - Georgia EDUCATION -Florida A&M University : Bachelor of Architecture, Suma cum Laude -University of Maryland School of Architecture : Bachelor of Science in Architecture AFFLIATIONS -USGBC, LEED BD+C Certified Professional : 2004 -Frederick City Historic District Commission : Vice Chairman : 1991 – 2004 -North Hill Architectural Preservation Board : Member & Vice Chairman : 2004 – 2008 -Greater Frederick Development Corporation : Participate -Maryland Downtown Development Association : Participate OUR TEAM JORDAN BEHAR PRINCIPAL Jordan Behar, AIA Associate member, is the founding partner of Behar and Peteranecz. This partnership developed out of Behar Design Associates found in 2002. Prior to moving to Florida, Mr. Behar founded Modal Al, a full service Architecture and Interiors firm, in Atlanta, GA. Throughout his twenty (20) years of experience, Mr. Behar has developed a reputation for his uncompromising quality and attention to detail. He joined with Istvan Peteranecz to form Behar + Peteranecz in 2008. “Our clients come to us because they want unique spaces and our approach is different than other firms, which is why our designs bridge a wide spectrum of styles. Our use of space and the way we create flow and relationships make our spaces feel alive and elevate the occupants emotion.” Quote from Jordan Behar EDUCATION - Florida A&M University : Bachelor of Architecture - University of Florida : Bachelor of Fine Arts College of Architecture AFFLIATIONS - NCARB - Clearwater Community Development Board : Former Board Member - Institute of Classical Architecture : Member - Morton Plant : Community Impact Board Member - St. Paul’s School : Trustee - Gulf Coast Jewish Family Services: Former Board Member OUR TEAM NICHOLAS SNEED ASSOCIATE PRINCIPAL Nick Sneed, BPA’s Senior Project Architect/Quality Control for Behar + Peteranecz., concentrates on the project management, documentation, construction management and quality control. Nick has been with Behar & Peteranecz since 2009 and is integral to all aspects of the firm. He handles the day-to-day aspects of our commercial projects with a strong focus on client communication and coordination. Prior to joining Behar + Peteranecz, Mr. Sneed worked with Bullock- Tice and Associates. LICENSES - NCARB Certified - Florida EDUCATION - Florida A&M University : Master’s of Architecture PROFESSIONAL AFFILIATIONS -AIA -NCARB OUR TEAM JOHN GREENLAND John Greenland, a Project Manager/Architect at Behar + Peteranecz Architecture. John brings 15 years of experience in a broad range of project types, along with the ability to lead a team of clients, consultants, and design members through complex projects from Conception through Construction. Project types John has experience in include Hospitality, Restaurant, Retail, Custom Residential and Estate, Corporate Office, Civic, Institutional, Theatrical, Clubhouse, Sports Facilities, Multi-Family Housing, Mixed Use, and Master Planning. LICENSES - NCARB - Colorado EDUCATION - University of Florida : Bachelor of Architecture - University of Colorado - Denver : Master of Architecture AFFLIATIONS - USGBC, LEED AP : 2003 - Present - Society of Freemasonry: OUR TEAM OSCAR BENAVIDES Oscar Benavides is a Designer/Project Architect for Behar + Peteranecz.. Oscar brings over 20 years of experience in Architecture, Interior Design and Urban Planning. He specializes in Design, project management, sustainability, waterfront development, urban planning, restaurant/hospitality, green development as well as modular and prefabricated systems of construction. Vast local and international experience with the hotel and resort industry, from boutique hotels as well as brands as Marriott, Hyatt, Starwood and others. LICENSES - Architect, Licensed in Venezuela EDUCATION - University of Kentucky : Bachelors of Architecture AFFLIATIONS - Speaker in a local and web radio show - Chairman for various foundations including Savita Society, Women Empowerment, Healthy Together - Cover page of New Home Guide, Feb 2005 FishHawk Ranch Pool Design OUR TEAM PETER GRAY Peter Gray, RA, is a Project Manager/Architect at Behar + Peteranecz Architecture. Mr. Gray brings more than twenty-five (25) years of expansive professional experience in architectural design and practice and construction methodology. His areas of expertise are hospitality and commercial construction. He also has significant experience with coastal condominium, urban in-fill projects, renovations, single-family and multi-family housing, mixed-use commercial/residential projects, throughout the US and Caribbean. He also teaches architectural design and structures at St. Petersburg College. Mr. Gray joined Behar + Peteranecz in 2015. LICENSES - Florida - South Carolina EDUCATION - Clemson University College of Architecture : Bachelor of Science in Design, Cum Laude - Clemson University College of Architecture : Master of Architecture AFFLIATIONS - St. Petersburg College : Adjunct Professor : 2014 - 2015 - WMNF Community Radio : Building Committee : 2000 - NCARB : 2000 - 2008 OUR TEAM Restaurant/Hospitality: Small Sampling of relevant Restaurant/Hospitality Projects Locally -Hampton Inn and Suites & Conference Center : Orange Beach AL -Marriott (full service) : Pinellas Park FL -Shephards Beach Resort : Clearwater FL -Lobster Pot : Clearwater FL -Pearlys : Clearwater FL -Clearwater Beach Brewing Co. : Clearwater FL -Nico’s Arepas Grill concept and franchise. Seminole Heights (Tampa FL) (Oscar Benavides) -Food Stop, ErginTek. Downtown Tampa FL. (Oscar Benavides) -Mr Empanadas (several locations) in FL. (Oscar Benavides) -Yumz Yogurt (Dale Marbry, Tampa FL) (several locations) in FL. (Oscar Benavides) -Sangrias Tapas Restaurant (south Tampa) Tampa,FL. (Oscar Benavides) -Wasabi’s (Japanese Restaurant and night club). STB Enterprise, LLC. Towers of Channelside, Tampa, FL (Oscar Benavides) -Sangrias Tapas Restaurant Hillsborough location, Tampa, FL (Oscar Benavides) -La Cubanita Restaurant. Dallas Owens. 2ksqft. Tampa, FL. (Oscar Benavides) -Luxuriate Grill Restaurant, Tampa, Fl. (Oscar Benavides) -Hotel Montserrat and Restaurant Porto Fino. Caracas, Vzla. (Oscar Benavides) -Bonne Crepe. Concept and franchise .4 food carts and fast food restaurants 8 locations total, Caracas, Vzla. (Oscar Benavides) -Oasis Cafe.2food carts and fast food restaurants, Caracas, Vzla. (Oscar Benavides) -Rincón Mexicano Restaurant, Georgetown, KY. (Oscar Benavides) -Rincón Mexicano Restaurant, Renovation, Lexington KY. (Oscar Benavides) - SELECT LIST OF PROJECT Health & Medical Facilities: - St Lukes Eye Center: Clearwater Florida - Weinstock Eye Institute of St. Petersburg : St. Petersburg FL - Clinical Research of West Florida : Clearwater, FL - Daniel Cohen Podiatry Center: Melbourne, FL Religious Facilities: - Temple B’nai Israel : Clearwater FL - Korean Martyrs Catholic Church : Atlanta, GA - Rock Springs Presbyterian Church : Atlanta, GA - Grace Brethren Church : Frederick, Maryland - Gulf Coast Jewish Family Services Corporate Headquarters : Largo, FL Community Recreation Centers: - Tampa Jewish Community Center : Tampa FL - YMCA : Crestview FL SELECT LIST OF PROJECT Assisted Living Facilities: - Grande Villa Altamonte Springs : Altamonte Springs FL - Grand Villa Largo : Largo FL - Grand Villa Macon : Macon GA - Grand Villa Melbourne : Melbourne FL - Heritage Park of West Delray : Delray Beach FL - Grand Villa Ormond Beach : Ormond Beach FL - Grand Villa St. Petersburg : St. Petersburg FL Residential: - Bergoffen Residence : - Connors Residence : Dunedin FL - Gills Residence : Clearwater Beach FL - Hahn Residence : Snell Island FL - Hawkins Residence : Belleair FL - Schaffel Residence : Belleair Beach FL - Weinstock Residence : Largo FL SELECT LIST OF PROJECT Hampton Inn & Suites, Orange beach AL Representative Projects JW Marriott, Clearwater Beach FL Representative Projects Wasabi’s, Tampa, FL Representative Projects , Yumz Yogurt, Tampa, FL Representative Projects Marriott Full Service, St Petersburg, FL Representative Projects Shephards Resort, Clearwater Beach Representative Projects Alanik Hotel, Clearwater Beach Representative Projects Lake View, Miami FL Designed by Oscar for DLW Architects Representative Projects 600 Meeting Street, Charleston SC Designed by Istvan Peteranecz, Lessard Representative Projects Mainstream Hotel, Clearwater Beach Representative Projects Representative Projects Mainstream Hotel, Clearwater Beach Mainstream Hotel B, Clearwater Beach FL Representative Projects Mainstream Hotel C, Clearwater Beach FL Representative Projects JCC Tampa FL Representative Projects Jordan Behar Principal COMMERCIAL Mike Willis Production Leader Michael Marti Intern Architect Nick Sneed Project Architect/Quality Control Istvan Peteranecz Principal RESIDENTIAL Production Team Peter Gray Project Architect Oscar Benavides Project Manager John Greenland Project Architect Fernando Chavez Intern Architect GENERAL HOSPITALITY Christina Brewer Office Manager Stephanie DiPolito Interior Design Susan Behar Interior Design Kara Behar Finance Organizational Chart Owner & Owner’s Representative Fairfield Inn General Contractor Behar + Peteranecz Jordan Behar Istvan Peteranecz •Budget & Time Frame •Creative & Functional Direction •Scope of Requirements Jordan Behar Istvan Peteranecz Oscar Benavides Istvan Peteranecz Oscar Benavides Peter Gray Creative Direction Istvan Peteranecz Oscar Benavides Peter Gray Structural Engineer Electrical Engineer Mechanical Engineer Plumbing Engineer Fire Engineer DESIGN DEVELOPMENT SCHEMATIC DESIGN CONSTRUCTION DOCUMENTS CONSTRUCTION ADMINISTRATION Oscar Benavides Peter Gray Nick Sneed QUALITY CONTROL Creative Process 33 Phase One: Master Planning During this Phase we will: Analyze the site, review the governing local and state codes to establish the maximum development potential of the site. Create the project file with relevant code data, owner suggested use for the property and we will prepare a preliminary site analysis and findings document/drawing for the purposes of planning review and discussion. Hold a BPRC (Building Plan and Review Committee) meeting with the City of Clearwater. This meeting is held every wednesday at the city planning department and provides the opportunity to meet with the city and review any applicable conditions that may limit or impact the proposed development. We typically request that the following City department attendees are present: Zoning, Planning, Engineering, Traffic, Waste management, Fire, Building and Environmental. Specifically, we will want to address storm water, parking, traffic flow, landscape, FAR, ISR and the inconsistencies in the CG & HDR zoning and the CG and CN future land use map. Following the BPRC meeting and prior to creating the master site plan, we will follow up with the Owner to discuss our findings and suggestions that have be determined up to this point. Often times these findings require Owner input in order to prepare a relevant and efficient master site plan. Create and present to the Owner the Master Site Plan, incorporating but not limited to following items: drive and access aisle, ADA path of travel, parking, ingress/egress, major site utilities, building footprint, generic storm water location, etc… FEE for PHASE I: We propose to provide the above services on an hourly basis with a not-to-exceed maximum fee of $ 3,500 Phase Two: Programmatic Evaluation As an essential part of BPA’s Schematic Design process, it is necessary to first identify the scope of building improvements you, the client, wish to pursue at the inception of your project. To put it another way, what sized building area is deemed necessary to meet your project’s design objectives? And at what construction cost? The analytical process whereby this is determined is known as Programmatic Evaluation. Here are the basic steps used to achieve this evaluative: 1. We begin the process by understanding and creating a list of functional uses necessary to meet the project’s design objectives. This list is sometimes known as a “Wish List” because it is not necessarily adhered to once the construction cost implications associated with the size and scope envisioned are better understood. This “Wish List” often takes the form of an itemization of each room space, and the use or activity you associate with that space. Any information about the size of each space you are considering to build is also helpful. For example: “large waiting room”, or “small, intimate cafe”. In addition to this information, circulation or location preferences should be noted whenever you have well-formed ideas about these particulars. For example: “class-rooms adjacent to pottery room”. Your “Wish List” should also include any outdoor, or unenclosed spaces such as carports, porches, breezeways, verandas, etc. 2. Once you have given the Architect this information, the architect will then translate each “Wish List” item (along with additional outdoor spaces you have identified) into a square footage evaluation. 3. This work produces a numerical tabulation of the enclosed areas, exterior areas, and anticipated site improvements, along with any areas identified for demolition, if applicable. Each individual square footage approximation can then be assigned either a low cost, median cost, or higher end cost projection so that you can then see the effect each “Wish List” item, or aspect of the project, may have on the overall project’s construction budget. 4. Once the size, or scope, of the project is known, approximated total construction costs can be tabulated to see how the project size and costs are affected by your original “Wish List”. This information enables you to then, if need be, reconsider your programmatic “Wish List” so that it can conform with the overall project budget you have determined is acceptable. This process often finds our clients reassessing and prioritizing the importance of each “Wish List” item. Usually we identify three levels of prioritization: non-negotiable or highest priority, important but negotiable, and least important and therefore expendable. 5. Should a reevaluation be necessary due to either an over-sized area or over-budget “Wish List”, the Architect can assist you with making decisions that will produce a “Revised Wish List”, thereby bringing the project within a cost range you deem acceptable. A matrix of values is then documented using specialized spreadsheet software. 6. After reviewing the “Revised Wish List” we can arrive at agreed-upon limits of square footage area and construction cost ranges which meet your adjusted size and budgetary expectations. 7. Preliminary review and collaboration with/by our licensure, compliance and regulatory specialist will occur during this phase. Once these items are established and coordinated with the Architect and Regulatory specialist, we will hold preliminary discussions with AHCA. Cost per square foot values are derived from recent construction cost information taken from comparable projects local to your building site. It is very important to keep in mind that normally, a margin of error of 10-15% should be allowed in the Programmatic Evaluation until later on, when it becomes possible to reassess cost implications based on a more detailed analysis of the project. Programmatic Evaluations can offer clients comparative low, medium, and higher construction cost evaluations. During ensuing detailed design work, the Architect will advise you as to whether each detailed design component will likely increase, not affect, or decrease the project’s cost. As design work proceeds, opportunities to further reduce the overall project in specific areas can be pursued at your discretion. Phase Three: Schematic Design Of all seven areas of endeavor, this is the most important category of service. Thus begins the creative process of thoughtfully defining the Owner's objectives, which are then translated by the Architect into what is known as the Programmatic Evaluation. This evaluation identifies the spatial size and area of the design, siting (location(s) of improvements needed to render the design accessible and operable), and the specific design objectives for the project. Once this initial evaluation is completed, the Architect is then able to begin producing schematic drawings intended to fulfill the design objectives identified in the Programmatic Evaluation. During this phase we will define the special needs of staff, supplies, records, patient and physician flow; special equipment needs such as electrical, plumbing and mechanical requirements; storage needs; OSHA regulations impacting flow and design. Because these endeavors are essentially a creative thought/art form whereby the Owner and the Architect seek to achieve a symbiotic fit between building(s) and their construction site, etc., it is not easy to forecast just how much time will be needed to achieve the objectives of this phase. Therefore it is best to determine a range of probable cost for services as mutually agreed between the Owner and the Architect in order to allow the Architect the flexibility of working on an hourly rate basis. This phase usually comprises from 15% to 30% of the total architectural fee for Phases One through Five. At the completion of the Schematic Design Phase, and prior to commencing work on the next phase, the Architect can accurately define the scope (amount) of work needed to complete his services. At this point it is often in the Owner's best interest to have the Architect draw up a Stipulated Sum Agreement (Fixed Fee) for Architectural Services whereby a fixed fee for the remaining work is agreed upon. Phase Four: Design Development Once the Architect is given the Owner's written approval (the Owner has signed completed and approved Schematic Drawings), “preliminary” drawings are produced which allow the Owner and Architect to examine in detail whether or not the ideas developed in the Schematic Design Phase are worthy of committing to production drawings. Input from specialists, consultants, and vendors can often affect the placement, sizing, and in particular the construction cost for any given component of the design. Changes to the design due to these factors are best done prior to committing to production of construction documents. Phase Five: Construction Documents Once the Owner is satisfied with completed preliminary design work, the Architect must then be authorized to proceed with the production of construction documents. Construction documents are usually produced either by use of electronic drafting (known as computer aided design drawings or CADD), or by hand drafting, depending on project needs. The first issue of these documents, along with specifications, is often referred to as a “pre-construction” issue. These drawings are intended to inform vendors, proprietary system providers (such as specific medical equipment), and various consultants about the details of the design. These third parties then review the drawings, and offer their comments to the Architect and Owner. When appropriate, this same issue is given to a pre-selected General Contractor for construction cost evaluation. Once revisions needed to coordinate all input from the above sources are completed, the Architect then issues “construction drawings”. The Owner signs approval of these completed documents, which are then used to secure final bid(s), obtain a building permit and other approvals from the local governmental jurisdiction, and provide the basis upon which a contract for construction of the project can be established. Consultant Items specific to this phase: - Equipment Identification - medical gasses, emergency power, complete equipment guide manual including cut sheets - Instrumentation recommendation compiled from physicians preference sheets - prepare application for state licensure, medicare certification, accreditation, CLIA Phase Six: Bid Negotiation Phase For those projects which do not have a pre-assigned contractor, the Owner can elect to have the Architect assist with securing bids and secure a signed contract with a General Contractor, and other specialists the General Contractor agrees to allow outside of the Contract for Construction. Phase Seven: Construction Observation Once construction commences, the Architect will be available to review built conditions, assist with the interpretation of the documents, resolve questions, and assess the progress of construction work as requested by the Owner. One of the important advantages to the Owner when securing this phase of service is achieving an end-result which is more consistent with the aesthetic and conceptual intent formed by the collaborative work done by the Owner and Architect. All construction documents, by their inherent nature, are subject to interpretation. Whatever knowledge and skill the General Contractor and his assigns may bring to the project, there is always the risk of compromising the original intent of the design when unforeseen or unaddressable circumstances make changes necessary while construction is underway. Owners are best benefited by requiring the General Contractor to inform both the Owner and the Architect of any discrepancies, omissions, or conditions that require variance from the construction drawings. Additional Services During Phases Three through Six, if the Owner authorizes having the Architect perform work beyond that identified in the Contract for Architectural Services, the Architect will do such work on an hourly basis, and identify all such work prior to performing it unless otherwise agreed. Revisions to the drawings which are not the result of errors or omissions on the part of the Architect, Owner requests for changes in the scope of the project, and additional third-party coordination as authorized by the Owner are the most common examples requiring additional services. We look forward to giving your project our best attention. We have a long established relationship with many of the consultant engineers and our selection is based on the type of project, level of complexity and building type. For Hospitality projects, we have a long established working relationship with the following firms that will be considered for this project: -Genesis Engineering -McCarthy Engineering -Seeds Engineering -Base 4 -Sanchez Engineering -Burby Engineering CONSULTANTS CORPORATE CERTIFCATE FLORIDA LICENSE GENERAL & PROFESSIONAL LIABILITY WORKERS COMPENSATION W-9 Page 1 of 7 June 3, 2015 37 Causeway Blvd, . . Clearwater, FL 33767 RE: Letter of Intent to lease: Dear Ms. Benge : CC Development or an entity to be named, (“Tenant”) is interested in pursuing a lease opportunity at the above referenced preliminary understanding between the Landlord named below and Tenant relative to entering into a lease. The following terms and conditions will serve as an outline of the proposed lease agreement and the basis for the preparation and negotiation of a final lease agreement (the “Lease”) acceptable to both parties. Tenant: CC Development. Landlord: City of Clearwater Premises: Approximately 10,000 square feet of the multi-story building as well as the surrounding decks, and play area. Herein referred to as the “Space”. The size and configuration of the space to be leased (the “Premises”) to be consistent with existing layout. The Legal Description of the Premises shall be attached by Landlord as Exhibit A. A Site Plan of the Center is attached as Exhibit B. Term: Ten (10) years from term commencement, which commencement shall be on the first day of the first month, Landlord delivers the Premises as fully set forth below as fully set forth in the Lease and Tenant satisfies or waives the conditions precedent. Delivery: Lease execution subject to approval of City, Additionally the Tenant agrees to remove the structure located at the Premises. And reconstruct a structure. Base Rent: Years 1-10 Base rental for the first ten (10) years of the Primary Term is $18.00 per square foot or $18,000.00 monthly, or $216,000.00 annually. Plus 8.5% of Alcohol sales Rent Commencement: 30 days after Tenant opens business. Page 2 of 7 Use: Family friendly Restaurant featuring ice cream bar and water feature areas, (1st floor) Cha Cha Coconuts, would also include our famous menu items, stressing use of local ingredients, with great attention to customer value to create high volume restaurant. 2nd floor would incorporate the main dining area. 3rd floor would include a roof top dining and bar area Entertainment, Local live bands and acoustic guitar players Escalations: The base rent shall increase 2% per year beginning in year 5 and continue to increase each lease year. Options to Extend: The tenant shall have a first right of refusal/option to lease restaurant space in the property if it is re-developed at any time during this agreement. Six (6) options to renew for any period, not exceeding five (5) years each. 4th, 5th and 6th options are at market rate. These agreements will renew automatically unless the Landlord receives 90 days written notice of decline. Option Rent: Option Rent will be at the escalated rate. Inspection: After this LOI is executed, the Landlord agrees to allow Tenant and/or its agents upon prior notice, to access the property for inspections, tests, and studies. Tenant agrees to fully, defend, indemnify and hold harmless the Landlord from any and all third party claims, demands, or actions arising out of Tenant’s or Tenant’s agents going upon the Property and conducting the aforesaid inspections, tests, and studies. Landlord’s Work and Condition of Premises: Landlord shall provide the space as is free of hazardous materials; Page 3 of 7 Common Charges: The tenant shall be responsible to bear its Common Area Maintenance expenses including Insurance, Real Estate taxes and utilities throughout the Term and any Extended Term. Common Area Maintenance expenses shall include the building insurance, lawn and landscaping maintenance, exterior lighting from dusk to dawn, utilities to premises, structural soundness of building, exterior of building and the roof. Tenant shall maintain and cover the cost of his own insurance to cover the ongoing operations as well as the contents and equipment. Tenant is also responsible for all his utilities and dumpster expenses. Signage: Subject to Landlord’s prior written consent, Tenant shall have the right to install its standard signage package including the building/fascia sign, freestanding ID sign and driveway entrance signs, to the full extent permitted by municipal codes. Assignment/Subletting: Subject to Landlord’s prior written consent, Tenant shall have the right to assign the Lease or sublease the whole or any part of the Premises. Any assignment or sublease shall be subject to all of the terms, covenants and conditions of the Lease. Brokerage Commissions: N/A Lease Form: Lease between Tenant and Landlord shall be on the lease form commonly used by Landlord. EXISTING DOCUMENTS AND INFORMATION. After mutual execution of this Letter of Intent, Landlord shall provide Tenant access to any and all surveys, binders pertaining to the Premises or the Center, Declarations, Association requirements, Covenants or Rules governing the Premises or the Center, and the prior year’s (fiscal or calendar as applicable) budget regarding any common area maintenance expense to be allocated to Tenant. CONFIDENTIALITY. The Parties will maintain all “Confidential Information” in confidence and will not disclose such information to any other party without written consent. Confidential Information includes, regardless of whether such information is labeled as confidential, the terms of this letter, the Lease, any oral, written, or other form of communications of Landlord to Tenant, records and documents given to Tenant by Landlord or to which Landlord gives access to Tenant, and any and all information whether in oral, written or other form, which is communicated by Tenant to Landlord related to Tenant’s proposed development of the Premises, including but not limited to Page 4 of 7 architectural plans, specifications, site plans and drawings. Confidential Information may be released to the parties’ employees, partners, consultants and lenders who have a reasonable need for such Confidential Information, provided that such individuals agree to main the confidential nature of the information. This provision will be binding upon execution of this Letter of Intent even if the parties do not enter into a lease agreement or the Lease is terminated. NON-BINDING. Except for confidentiality obligations, this Letter of Intent does not constitute a binding contract, and no contract is intended to arise unless and until the Lease is fully executed by the Landlord and Tenant. I look forward to your confirmation of these terms and to proceeding with the preparation of a formal Lease. Sincerely, __Lessee__, ______________________________ By: Its: Managing Member ______________________________ Date Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION Page 6 of 7 EXHIBIT B SITE PLAN Page 7 of 7 EXHIBIT C SHELL DELIVERABLES 4490 Alternate US 19, Suite 101 Palm Harbor, FL 34683 O: 727-785-9198 Info@voellerconstruction.com F: 727-784-0387 www.VoellerConstruction.com Document A305 Contractors Qualification Statement & 2015 Corporate Resume 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M 2015 CURRENT PROJECT LIST PROJECT: Wakefield Residence OWNER: Steve & Beverly Wakefield ARCHITECT: O.R.T Design & Development CONTRACT AMOUNT: $196,000.00 PERCENT COMPLETE: 70% SCHEDULED COMPLETION DATE: 02/01/2015 PROJECT: Honeywell PLT 4 DCAA and F15 Build Out OWNER: Honeywell, Inc. ARCHITECT: Advanced Systems Engineering, Inc. CONTRACT AMOUNT: $120,100.00 SCHEDULED COMPLETION DATE: March 2015 PROJECT: Creek Park Townhomes – Dunedin, FL OWNER: Bright Community Trust ARCHITECT: Scott Martinez CONTRACT AMOUNT: $2,251,420.00 PERCENT COMPLETE: 15% SCHEDULED COMPLETION DATE: June 2015 PROJECT: Honeywell FL51 PLT 1 Closed Area 16 OWNER: Honeywell, Inc. ARCHITECT: Advanced Systems Engineering, Inc. CONTRACT AMOUNT: $163,335.00 PERCENT COMPLETE: SCHEDULED COMPLETION DATE: June 2015 PROJECT: Maffucci Residence OWNER: Richard A. Earley & Janice Laura Maffucci Revocable Living Trust ARCHITECT: Barry P. Ullmann CONTRACT AMOUNT: $1,214,000.00 PERCENT COMPLETE: 25% SCHEDULED COMPLETION DATE: October 2015 PROJECT: Choudhry Residence OWNER: Drs. Umesh and Rachna Choudhry ARCHITECT: Breeze & Associates CONTRACT AMOUNT: $1,300,000.00 PERCENT COMPLETE: 35% SCHEDULED COMPLETION DATE: October 2015 PROJECT: Honeywell PLT 1 Cleanroom Filter Replacement OWNER: Honeywell, Inc. ARCHITECT: Advanced Systems Engineering, Inc. CONTRACT AMOUNT: $242,209.00 SCHEDULED COMPLETION DATE: January 2016 PROJECT: Honeywell PLT 6 LN@ Tank Replacement OWNER: Honeywell, Inc. ARCHITECT: Advanced Systems Engineering, Inc. CONTRACT AMOUNT: $111,000.00 START DATE: On Hold. Not Started. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M COMPLETED PROJECT LIST PROJECT: Sears Hometown Store-Spring Plaza OWNER: Homosassa Springs, LTD ARCHITECT: Sears Company CONTRACT AMOUNT: $61,805 DATE OF COMPLETION: 12/31/2014 PROJECT: Kidz World of Play OWNER: Levey Land Development, LLC ARCHITECT: David Wilson Architects CONTRACT AMOUNT: $327,392 DATE OF COMPLETION: 12/19/2014 PROJECT: Honeywell PLT 4 Conformal Coating Galaxy Wash OWNER: Honey, Inc. ARCHITECT: Advanced System Engineering, Inc. CONTRACT AMOUNT: $80,729 DATE OF COMPLETION: 12/12/214 PROJECT: Honeywell PLT 4 ISA Cal Rate Table Slab OWNER: Honey, Inc. ARCHITECT: Advanced System Engineering, Inc. CONTRACT AMOUNT: $52,250 DATE OF COMPLETION: 11/07/2014 PROJECT: Honeywell FL51 PLT 4 IMU/MC Lab Build Out OWNER: Honey, Inc. ARCHITECT: Advanced System Engineering, Inc. CONTRACT AMOUNT: $980,000 DATE OF COMPLETION: 10/30/2014 PROJECT: Honeywell FL51 PLT 1 Workplace Modernization-P OWNER: Honey, Inc. ARCHITECT: Advanced System Engineering, Inc. CONTRACT AMOUNT: $136,600 DATE OF COMPLETION: 10/07/2014 PROJECT: Honeywell FL51 Railing Removal OWNER: Honey, Inc. ARCHITECT: Advanced System Engineering, Inc. CONTRACT AMOUNT: $24,895 DATE OF COMPLETION: 10/07/2014 PROJECT: Springs Plaza Shopping Center Owner: Homosassa Springs, LTD ARCHITECT: EMPAD Architecture & Design CONTRACT AMOUNT: $95,015 DATE OF COMPLETION: 09/09/2014 PROJECT: Russillo Residence OWNER: Paul & Kim Russillo ARCHITECT: Shore Lines Design Group CONTRACT AMOUNT: $404,503 DATE OF COMPLETION: 5/30/2014 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M PROJECT: Hillside Plaza - Façade Renovation OWNER: Point Five Development Palm Harbor, LLC. ARCHITECT: Raymond and Associates, p.a. CONTRACT AMOUNT: $169,900 DATE OF COMPLETION: 4/30/2014 PROJECT: Prestige Place-Unit 5 & 6 Build Out OWNER: Lodegiver, LLC ARCHITECT: N/A CONTRACT AMOUNT: $139,075 DATE OF COMPLETION: 4/30/2014 PROJECT: Wendy’s #8498 Sun City – Ruskin, FL OWNER: Wendy's International, Inc. an Ohio Corporation ARCHITECT: MRP Design Group CONTRACT AMOUNT: $438,000 DATE OF COMPLETION: 01/09/2014 PROJECT: Chase Bank – New Construction- Tyrone, FL OWNER: JP Morgan Chase Bank, NA ARCHITECT: Core States Group CONTRACT AMOUNT: $200,000 DATE OF COMPLETION: 2013 PROJECT: Dollar Tree At Nature Coast Commons – Springhill, FL OWNER: Nature Coast Commons, LLC ARCHITECT: OutsideIn Architecture, LLC CONTRACT AMOUNT: $460,000 DATE OF COMPLETION: 2013 PROJECT: Dunkin Donuts – Bartow, FL OWNER: Alex Fernandez ARCHITECT: Oliveri Architects CONTRACT AMOUNT: $275,000 DATE OF COMPLETION: 2013 PROJECT: Dunkin Donuts – Lakeland, FL OWNER: Yogi Patel ARCHITECT: Oliveri Architect CONTRACT AMOUNT: $350,000 DATE OF COMPLETION: 2013 PROJECT: Dunkin Donuts – Lake Wales, FL OWNER: Alex Fernandez ARCHITECT: Oliveri Architects CONTRACT AMOUNT: $290,000 DATE OF COMPLETION: 2013 PROJECT: Casa Del Mar III OWNER: Condominium Associates ARCHITECT: N/A CONTRACT AMOUNT: $81,000 DATE OF COMPLETION: 2013 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M PROJECT: San Remo OWNER: Condo Associates ARCHITECT: Scott Martinez CONTRACT AMOUNT: $230,000 DATE OF COMPLETION: 2013 PROJECT: Creek Park Crossing OWNER: Bright Community Housing Foundation, Inc. ARCHITECT: N/A CONTRACT AMOUNT: 33,421 DATE OF COMPLETION: 11/23/2013 PROJECT: Chase Bank – New Construction- Port Orange, FL OWNER: JP Morgan Chase Bank, NA ARCHITECT: Core States Group CONTRACT AMOUNT: $1,385,000 DATE OF COMPLETION: 2012 PROJECT: Chase Bank – New Construction- Daytona, FL OWNER: JP Morgan Chase Bank, NA ARCHITECT: Core States Group CONTRACT AMOUNT: $1,072,171 DATE OF COMPLETION: 06/29/2012 PROJECT: Carter Residence OWNER: Susan and Ian Carter ARCHITECT: Jay Myers & Associates CONTRACT AMOUNT: $550,000 DATE OF COMPLETION: 09/01/2012 PROJECT: Richardson Residence OWNER: Jason & Sunday Richardson ARCHITECT: Shorelines Design Group CONTRACT AMOUNT: $475,000 DATE OF COMPLETION: 08/30/2012 PROJECT: Tierra Isle Marina Residence OWNER: Condominium Associates ARCHITECT: N/A CONTRACT AMOUNT: $108,000 DATE OF COMPLETION: 06/15/2011 PROJECT: Dunlawton Square Out Parcel OWNER: CSI Development LLC ARCHITECT: Elite Universal Architects CONTRACT AMOUNT: $530,500 DATE OF COMPLETION: 06/08/2012 PROJECT: Residence Inn Daytona Beach OWNER: Oceanside Two, LLC ARCHITECT: N/A CONTRACT AMOUNT: $120,575 DATE OF COMPLETION: 06/01/2012 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M PROJECT: Cunningham Residence OWNER: Patrick Cunningham ARCHITECT: Myers & Associates CONTRACT AMOUNT: $200,000 DATE OF COMPLETION: 03/2011 PROJECT: Bethal Way OWNER: Garrison Development Group ARCHITECT: Rick Ortega CONTRACT AMOUNT: 80,000 DATE OF COMPLETION: 2011 PROJECT: PetSmart #1922 – Springhill, FL OWNER: Bank of America ARCHITECT: Barry J. Greenberg, Architect CONTRACT AMOUNT: 1,384,000 DATE OF COMPLETION: 2010 PROJECT: Scottrade At Nature Coast Commons – Springhill, FL OWNER: Nature Coast Commons, LLC ARCHITECT: OutsideIn Architecture, LLC CONTRACT AMOUNT: $136,067 DATE OF COMPLETION: 12/2010 OWNER: Johnson, Pope, Bokor, Ruppel & Burns LLP ARCHITECT: Klar & Klar Architects, Inc. CONTRACT AMOUNT: $582,000 DATE OF COMPLETION: 06/01/2009 PROJECT: Bella Capri Condominiums OWNER: Indian Rocks Development, LLC ARCHITECT: Kimbrough Associates PA CONTRACT AMOUNT: 10 Mill DATE OF COMPLETION: 5/18/2009 PROJECT: Regions Bank/CB Richard Ellis OWNER: Regions Bank ARCHITECT: PKA Associates CONTRACT AMOUNT: 68,615.00 DATE OF COMPLETION: 01/15/2009 PROJECT: Florida College OWNER: Florida College a Florida not-for-profit corporation ARCHITECT: Fleischman and Garcia Architects and Planners, A.I.A., P.A. CONTRACT AMOUNT: 14 Mill DATE OF COMPLETION: 01/13/2009 PROJECT: Post Card Mania OWNER: PCM, LLC ARCHITECT: Design Styles, Inc. CONTRACT AMOUNT: 5 Mill DATE OF COMPLETION: 2009 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M We understand that we exist only to serve our clients, and we are committed to exceeding your every expectation. A single-source design build contractor, providing world-class service with an unwavering commitment to budget, schedule and quality. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Table of Contents Section 1 Corporate Identity Section 2 Introduction Section 3 Construction Services •Construction and Restoration •Design Development Service •Design Build Method •Design Build Delivery •Design Build Model Section 4 Corporate Team Section 5 VCI - Project Experience •Completed Projects •Restoration Projects Section 6 Qualifications •Licenses •Bonding Section 7 Letters of Reference •Professional References •Client References •Subcontractor References 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Introduction Voeller Construction, Inc. was established on the principles of providing high quality construction with superior customer service at a competitive price and we maintain this philosophy today. DIVERSITY OF SERVICE – Voeller Construction, Inc. is proud of the vast array of projects that we have had the opportunity to build. Our experience encompasses a wide variety of styles, scopes and budgets that have included commercial and industrial buildings, hotels, churches, restaurants, custom residential homes, college dormitories and mid-rise condominiums. Through all, we have maintained our “Commitment to Quality”, ensuring the highest standards are met for the success of each project. EXPERIENCE - Our project teams are made up of skilled professionals who apply a synergistic approach to the management of each project, always striving for quality service. Our staff includes multiple qualifiers, construction finance experts, managers and superintendents with many years of residential and commercial construction experience. CLIENT SATISFACTION – Customer satisfaction is of the utmost importance to us and is evidenced by the large volume of repeat and referral customers that make up our clientele. We recognize that professional service, quality workmanship and dedication to the completion of projects on time and within budget are all key requirements to our client’s satisfaction. Our reputation and relationship with architects, site engineers, building officials and subcontractors ensures that those requirements are met. GROWTH AND RESPONSIBILITY – Our continued growth through the years is a direct result of our unceasing dedication to high quality performance, pride in workmanship, and personalized service. We are continually working to expand our geographic market area and add new services to respond to the individual demands of our clients. We recognize the importance of preserving our environment and natural resources, which is why we are members of the U.S. Green Building Council and retain a LEED Accredited Professional on staff. Voeller Construction, Inc. is dedicated to exceeding the expectations of our clients through our "COMMITMENT TO QUALITY". Sincerely, William J. Voeller President/CEO 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M VOELLER GEOGRAPHICAL EXPERIENCE 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M VOELLER CONSTRUCTION FLORIDA EXPERIENCE 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Voeller Construction, Inc. distinguishes itself by being a “Single Source Provider”. We are the primary point of contact from project inception to Certificate of Occupancy and offer our clients overall project coordination and management in the following areas: Nationwide General Construction and Restoration Service Commercial and Industrial Turn-Key Projects Mid-Rise Ocean Front Concrete Structures with deep foundations and post- tension slabs. Institutional, ALF and Skilled Nursing Facilities, Hospitals and Medical Buildings Hotels & Restaurants Financial Institutions Interior Build-Outs and Renovations –Commercial and Industrial Luxury Custom Homes Religious and Educational Facilities, Dormitories. New Roofing, Repairs andReplacement. Seawall Repairs Concrete Repair and Building Repair Pre-Construction Services Project feasibility studies and strategic planning Financing and Joint Venture Agreements Design / Build services Value Engineering Construction consulting Site search, acquisition and development Construction Management Services Act as Owner’s Representative in leading development teams Analyze overall project development plan Advise upon construction feasibility issues and present Owners with options and recommendations that enable informed decisions Implement processes to manage project changes in a timely and cost effective manner Comprehensive and continuous review of cost, budget and construction timeline . Construction Services 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Offering comprehensive Pre-Construction Services is a great way for the Developer, Architect, Engineers, General Contractor and trades to work together as a team and create one set of cost effective working documents to submit for permits. Working with the Developer and Architect during the Design Development phase, also gives Voeller Construction the ability to work on Value Engineering (VE) for the project. Selected key subcontractors are brought n during this phase to help ensure that the building can be built as efficiently and cost effectively as possible. Meetings and Preliminary Budgeting: 1.Attend design meetings with the Architect 2.Prepare comprehensive initial bid and bid request work 3.Prepare preliminary list of key trades 4.VE and design meetings with the Structural Engineer and the Subcontractor 5.Design meetings with the HVAC Engineer and the selected Subcontractor 6.Design meetings with the Plumbing Engineer and the selected Subcontractor 7.Design meetings with the Civil Engineer and the selected Subcontractor 8.Prepare a preliminary budget to include all site work Value Management: 1.Based on the documents provided by the Architects, prepare a standard 16 division detailed cost estimate and constructability review with the supporting data for the Developer and Architect to review. With the Developer and Architect, determine aspects of the project appropriate for Value Engineering 9VE) analysis, preform the VE study and provide a written report with recommendations 2.Prepare a preliminary construction schedule 3.Provide a list of possible and recommended subcontractors and suppliers Bidding: 1.Develop a list of potential bidders in agreement with the Developer and Architect 2.Make recommendations to the Developer in regard to rewarding the trade contracts Design Development Services 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Design Build Method Benefits of Design-Build It is important to note that the design-build method often saves the owner money on the overall project. The combined effects of carrying a construction loan (which typically carries a higher interest rate than permanent financing) and an earlier useful on-line date usually yields considerable overall profitability to the project and may make seemingly unfeasible projects into genuine opportunities. The compression is an important aspect of the implementation of this system. Other attributes include: Enhanced communication between the service provider and the client. Increased accountability by the service provider, Single source project delivery, and A Value based project feedback system Enhanced communication Because the design parameters of a project are being developed along with the budgetary goals, construction methodologies and budget conditions being weighed simultaneously, a project is more likely to be realized than with a pure design approach. The owner has greater access to the "team" working on project development as the project is being developed. This efficiency is not a negative "short cut" as a rule, but rather the keystone to the success of the Design& Build model. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Design Build Delivery Accountability Rather than a parceled level of responsibility of the classic design-bid-build, design-build provides an integrated solution for the owner or client. This moves projects away from the "finger-pointing" that is often commonplace in contemporary construction projects, and allows the owner to look to one entity with any questions or concerns. Single Source Instead of having several contractors and consultants, an owner has just one entity to deal with. Design revisions, project feedback, budgeting, permitting, construction issues, change orders, and billing can all be routed through the design-build firm. This single point of contact allows a certain degree of flexibility for the owner. Most design-builders will leverage that flexibility for the owner's benefit by continually refining the construction program to maximize the owner's value at the completion of the project. Value-based Project Feedback Typically, in order for a contractor to bid on a project, very specific details relating to the methods and materials must be given to avoid any ambiguity and to make an "apples to apples" comparison of bids. In a design-build context, the owner, the owner's other consultants, and the design-builder can work together to determine what methods and materials will maximize the owner's value. In instances where marginally more expensive materials, designs, or construction methods might yield a higher return on investment for the owner than those of lower cost, the owner is free to adjust the project's program without having to re-bid the entire project. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Design Build Model Voeller Construction’s approach is a comprehensive, fully integrated process that ensures successful results. As your independent, unbiased and objective “Single Source Provider”, we offer technical expertise, flexibility and project control within a collaborative environment; delivering projects completed on time, on budget and most importantly, consistent with our client’s goals and objectives 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Corporate Team William Voeller – President Certified Class A General Contractor licensed in the state of Florida with over 37 years of general construction experience. Bill started the company with a focus on construction for community programs, educational buildings, recreational facilities and single family homes. From the beginning, his “commitment to quality” created a reputation for exceeding expectations through superior quality work. As a company, Voeller Construction always strives to do the right thing for its clients, while providing world-class service, no matter the size of the project. Under Bill’s direction, Voeller Construction has to its credit; mid-rise, deep foundation, ocean-front multi-family residential, commercial structures, industrial build-outs, office buildings, medical buildings, dormitories, financial institutions, retail centers and religious facilities. His extensive knowledge, leadership, and demand for his employees to honor the core values that made Voeller Construction successful has been integral to the success of each project. Jere B. Gulau – CPA As a Certified Public Accountant specializing in the real estate and hospitality industries, Jere Gulau has provided accounting and tax services for a variety of hospitality and real estate companies. He has also consulted and provided feasibility studies on projects involving turnaround opportunities, product development and portfolio analysis. He holds a Bachelor of Science degree in accounting from Ferris State University and a Master’s of Science degree in Taxation from American University. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Corporate Team Arthur ‘Art’ Shand – Director Art Shand is a 30 year Florida resident and a graduate of Kansas State University where he earned a Bachelor’s Degree from the College of Architecture. He serves as a Director with Voeller Construction. In this role he strategically targets market sector business development, and provides input into the firm’s culture and character, relative to all areas of the architectural/construction process. Prior to joining Voeller Construction, Art worked with Williams and Walker Architectural Firm in Clearwater as a co- owner, Art operated the firm as a managing principal through 2007. Since that time Art has been an independent consultant to the construction industry representing national and international A/E firms, general contractors and construction materials manufactures. Dennis Jones - Project Manager Dennis has over 40 years’ experience in the construction industry with a proven track record in Construction Management. His skill sets are defined by his vast experience in the Hospitality Industry. A member of Marriott’s Construction Management Group building Marriott’s Orland World Center, Marriott’s San Antonio River Center and Marriott’s Philadelphia Convention Center. His experience also includes Construction Management of Kessler Collection of Boutique Hotels El Monte Sagrado Resort, Bohemian Hotel Savannah and Grand Bohemian Hotel Asheville. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Corporate Team Rona Bale - Office Manager Rona has over 20 years’ experience in the construction industry, including both commercial and residential. She has held various positions throughout her career, including Project Management and Accounting. In her role at Voeller Construction, she assists in all aspects of projects including, but not limited to preparing contracts, billing, AP, and project management. Prior to joining Voeller Construction, Rona worked for the State of Florida. Sarah Olson - Administration Sarah is the primary phone receptionists and welcoming face you see when you visit our office. She is responsible for office support, hospitality, assistance in scheduling and preparing of client materials. Ms. Olson also works closely with the company’s Office Manager to assist with client management and billing while providing support in key administrative and servicing functions. Sarah is technically savvy and works well multi- tasking under pressure; she continually demonstrates strengths in client service, teamwork, and work ethic, in addition to excellent interpersonal, relational and influential skills. Prior to joining Voeller Construction, Sarah worked at SaddlePoint, Insurance Organization, where she served as the main administration for over three years. She has over ten years’ experience in the fields of administration, secretarial and customer service. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Corporate Team Kerry Goelz - Superintendent/Project Manager Kerry has directly managed projects for 32 years. His experience has included multimillion ground-up projects, notably; Eckerd’s Drug Stores, Columbia Restaurants, George Steinbrenner’s residence, Flowers Bakery Distribution Center, Steak-n-Shake restaurants, Rolland Park Middle School, Nelson Elementary School, Hammond Elementary School, Vision Works in Orlando and Tire Kingdom stores throughout the Southeast. Jim Kontos - V.P. Renovation, Caulking & Waterproofing Divisions Jim has 40 years’ experience in the construction industry with the past 25 years in the state of Florida specializing in renovations, caulking and waterproofing. His varied experience includes concrete restoration and writing architecture project specifications. He has extensive knowledge in all phases of waterproofing including above and below grade waterproofing along with all types of sealants including urethane, silicones and epoxies. Jim also has extensive knowledge and experience with deck coating products including Urethane and Epoxies in which he has obtained manufacturers approved certification in installation and maintenance. Project experience includes Orlando Airport Parking Garage, San Remo Condominiums, Federal Court House in Tampa, Residence Inn Daytona Beach, Polk County Toll Road, Florida College, VA Spinal Injury Center Building in Tampa, VA Medical Center and Federal Courthouse in West Palm Beach, 16 Publix Stores,18 Walgreens, Citrus Bowl in Orlando and numerous other smaller projects thru out Florida. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Multi-Family Projects Sunburst Cove – 7 Unit Luxury Condominium Sunburst Cove offers six luxurious condominiums – each unit with over 5,000 square feet of living space and a breathtaking 360 degree view. This project is located on the Gulf of Mexico in Indian Rocks Beach, FL. BellArte on the Gulf – 3 Building/17 Unit Condominium BellArte on the Gulf consists of 3 luxurious beachfront buildings with a total of 17 Units, Club House, heated pool and spa and spacious sundeck. The three buildings are located in Madeira Beach, FL and were constructed simultaneously. Bay Harbor – 19 Unit Condominium This luxury condominium project is located in Clearwater, FL footsteps away from beautiful Clearwater Beach, offering private deep-water docks to its residents as well as breathtaking water views. Fairwinds – 8 Unit Beachfront Condominium Fairwinds is a beautiful condominium project with custom designer finishes and sweeping views of the Gulf of Mexico. From the design inception we worked closely with the professional team offer Value Engineering ideas which enabled the Developer to complete the project on time and on budget. The Banyans – Canal Front Townhomes The Banyans is a 62 unit waterfront town home community featuring individual boat slips. This project was built with shallow foundations, slab on grade, block exterior walls and a pre-engineered floor system. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Multi-Family Projects Tuscany by the Sea – 12 Unit Beachfront Condominium Each residence offers 80 feet of direct Gulf of Mexico views from all main living areas. The buildings consist of 6 levels over parking with deep pile foundation, cast-in-place reinforced columns and beams, and 8” post tensioned slabs. Scopello – 18 Unit Beachfront Condominium Scopello is a resort condominium property located directly on the Gulf of Mexico. The building has three living floors over parking constructed of deep pile foundations, cast-in-place columns and beams, 6” hollow-core slabs with a 2” structural topping. Sun West Palms – 10 Unit Bayfront Condominium This bayfront project consisted of ten 2500 sq. foot condominium units. Construction consisted of deep foundations, cast-in-place columns & beams, post tension slabs and a unique radius metal roof system. The Verandas – 12 Unit Beachfront Condominium The Verandas on the Gulf is a ten unit luxury development. Constructed with deep pile foundations, cast-in-place columns & beams with a post tension slab system. Chateaus on White Sands – 12 Unit Beachfront Condominiums Chateaus on White Sands is located on the Gulf of Mexico on North Clearwater Beach. Chateaus offer a European style atmosphere with units ranging from 2,712 to over 2,900 square feet. This was a takeover project that went through major redesign while the buildings first deck was cast and the second was formed. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Design Development Projects Villas Cesar – Four Star Waterfront Hotel Villas Cesar is designed as a 36 Unit, 4 Star Hotel located on the Gulf of Mexico in St. Petersburg Beach, Florida. The design of this almost 100,000 structural square foot hotel will allow for an easy conversion of the room layout from 36 to 72 rooms in the future. Sol y Mar - Condominiums The SOL y MAR condominium project is designed to be a LEED certified project by the US Green Building Council (USGBC). Voeller Construction, a Member of the USGBC is working closely with the developer to make this 6 Unit –“Art Deco Style” building an outstanding project in Indian Rocks Beach, Florida. Nepenthe – Fractional Condominiums Nepenthe is a 12 unit fractional ownership condominium project in the design developmental stages. It will be 6 stories over parking. Callista Cay – Townhome Community Callista Cay is a planned 62 unit townhome community comprised of 12 buildings on a 4 acre site. This project has been an excellent example of an opportunity of Value Management due to severe budget restrictions based upon a slow housing market. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Residential Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Residential Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Residential Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Residential Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Residential Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Commercial Projects VPS Properties – Office/Warehouse VPS Properties is a 15,000 square foot Design Build project. The project was constructed using a metal building with a stucco façade and has 3 customs designed office spaces with 3 large warehouses. Special approvals and conditions with state and local government were needed due to the close proximity to protected wetlands. Physical Therapy Center This 5,500 SF design build project was done in conjunction with the above salon to coordinate the exteriors. Although the small site posed several challenges in the building design, the building included all Owner specified requirements. The value engineering during the design phase of the project enabled Voeller Construction to deliver the project under budget. Industrial Build-Out 40,000 Square foot industrial build out for a government defense contractor with high security levels. This Project included custom reception area, office space, break room, computer lab, lead lined X-ray room and “clean” rooms. La Mirage Salon This was a true design build project. In working with the owner we developed a basic plan, as construction ensued we modified and changed to meet the owner’s every need. This was a two phased project, from a standalone commercial building, to a large addition of the existing business. Site work was extensive for this project. Clinic This design build project was a 6,000 square foot medical office with slab on grade construction. It housed a large patient waiting area, doctors’ offices, exam rooms, med room, lab and outpatient surgery center. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Regions Bank/CB Richard Ellis Interior renovation as part of conversion from AmSouth to Regions Bank. Much of the work was completed during non- business hours. Special care was taken to insure employee and customer safety and convenience as the business continued its daily operations during the renovation. DRS Surveillance Support Systems, Inc. – Production and Testing Facility – Largo, FL. Warehouse conversion for a defense contractor that included interior build out for offices, restrooms, cafeteria, production areas, highly sensitive testing chambers and equipment. Extensive electrical and HVAC upgrades were required for this project. Office/Retail Building Renovation/Build-Out This 13,600 SF exterior renovation and conversion of a large restaurant plaza was completed while several retail clients continued operation. The exterior Spanish Mission façade was redesigned into a Key West style, while the large restaurant was custom designed to accommodate a large real estate operation with over twenty executive offices, conference rooms and large computer lab. Commercial Mixed-Use Building Marticorena Creations is located in the heart of Dunedin, Florida. This mixed-use complex consists of a blend of residential and retail construction. Voeller Construction worked closely with the Owner to fulfill every desire and requirement for the high-end development whose primary retail tenant is an up-scale jeweler. Scottrade at Nature Coast Commons 1900 Square Foot Retail Build-out with exterior modifications. Project was completed December 2010. Commercial Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Commercial Projects Pet Smart #1922 – Springhill, FL 20,000 Square foot build-out of retail space with veterinary clinic, x-ray, surgical rooms, pet salon, aquarium and kennel. Tight specifications with many specialties including medical gases, emergency equipment and low voltage equipment. Project Manager: Tom Hughes Superintendent: Ray Weaver References: Saleena Miller, Owner’s Representative for Nature Coast Commons 561-512-637 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Chase Bank – New Construction Port Orange, FL, St Petersburg Fl. New Construction of retail banking center of approximately 4,000 square feet. Voeller Construction is a preferred builder for Chase Banks in Florida. Project Manager: Bill Voeller Superintendent: Ray Weaver Retail Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Retail Projects Dunkin Donuts, Port Orange, FL 1900 Square Foot Retail Build-out. Project Manager: Bill Voeller Superintendent: Ray Weaver Verizon at Nature Coast Commons Spring Hill, FL 1700 Square Foot Retail Build-out including exterior modifications. Project Manager: Tom Hughes Superintendent: Ray Weaver GNC at Nature Coast Commons Spring Hill, FL 1700 Square Foot Retail Build-out. Project Manager: Tom Hughes Superintendent: Ray Weaver Dollar Tree at Nature Coast Commons Spring Hill, FL 9500 Square Foot Retail Build-out including exterior modifications. Project Manager: Tom Hughes Superintendent: Ray Weaver 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Food & Beverage Division Dunkin Donuts Lakeland & Lake Wales Complete Renovation/Build shown to the left. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Food & Beverage Division Dunkin Donuts Bartow Complete Renovation/Build shown to the left. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M DUNKIN DONUTS; Bartow & Lake Wales Alex Fernandez, President and CEO Cell: 1-954-850-9989 Email: alex@flmsinc.com DUNKIN DONUTS; Lakeland Yogendra Patel, Owner Cell: 1-813-363-5324 Email: Yogendra.Patel@usps.gov DUNKIN DONUTS; Michael Przybylowiez, Construction Manager Cell: 1-413-464-1032 Email: Michael.przybylowiez@dunkinbrands.com DUNKIN DONUTS: Daniel Lavender, Construction Manager Cell: 1-813-431-7175 Email: Daniel.Lavender@dunkinbrands.com WENDY’S: Bob Kotovsky, Project Manager – Central West Coast Florida Cell: 1-727-424-8555 Email: Bob.Kotovsky@am.jll.com WENDY’S: Gary Bogo, Manager South Region Cell: 1-770-318-1515 Email: Gary.Bogo@Wendys.com William J. Voeller WJV/clw Food & Beverage Division References 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M In all of our assisted living projects, we thrive to include hallmark design features such as telemedicine suites, oversized rooms and all aspects of excellent aesthetics and architecture requested by our client, delivering as expected to meet the needs of their residents and visitors, while maintaining compliance in all regulations set forth by the Agency of Health Care Administration (AHCA). Assisted living facilities provide excellent services for seniors who wish to remain independent but still need some assistance with daily living. Oak Tree Manor, Inc., Assisted Living Facility Seminole, Florida Assisted Living Facility like Oak Tree Manor, Inc. (shown here) is an example of the commitment Voeller Construction, Inc. delivers to our clients and regulation compliances mandated by the Agency of Health Care Administration (AHCA). Assisted Living Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Jennifer Gardens, Assisted Living Facility Port Richey, Florida We’re thrilled to bring the advantages of an Assisted Living Facility like Jennifer Gardens (shown here) to the high-growth Florida market. Our client(s) residents’ physical and mental health depends on the support of the facility, resident families and their surrounding environment, so the we provide an aesthetically pleasing architectural beauty while maintaining and complying to all regulations mandated by the Agency of Health Care Administration (AHCA) to every one of the facilities that Voeller builds, reconstructs, etcetera; including adding those special touches, as requested by our client(s). Assisted Living Projects 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Educational Projects Florida College – Residence Halls The Florida College project consists of two buildings. The new Boswell Hall is a four-story with a basement level, 200 bed standalone residence hall. Terrace Hall is a four-story with a basement level, 90 bed standalone residence hall. Both buildings are constructed with deep foundations, concrete beams, hollow core floor systems and concrete block. The project is located in Temple Terrace and is bordered by the Hillsborough River. Construction Manager: Bill Voeller Project Manager: Bill Voeller Superintendent: Louis Lee References: Ron Delisle – Developer’s Representative 727-420-3338 Paul Greiving – Florida College Business Manager 813-899-6707 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Restoration Projects Restoration Services Our Services can breathe new life into your building. Structural concrete repair, stucco repair, painting, waterproofing, installing new windows and railings that meet the current codes, can extend the life, usefulness and value of a building. Our restoration team of specialists will give you and your project the personal attention it deserves from start to completion. Having built so many coastal, multi-story condominium projects, we understand the importance of using the right materials and construction techniques to create beautiful buildings that will endure. We apply that same knowledge and experience to the restoration of older buildings that can benefit from the latest product advancements and applications. Our Restoration Services include: Complete Building Restoration Painting and Waterproofing Patio and Deck Resurfacing Structural Repairs Stucco and EIFS Repair Piling Investigation and Shoring Aluminum Railing Window and Door Replacement Concrete Repair References: Jim Kontos (727-748-3185) Voeller Construction Inc. Renovation/Waterproofing Division The Continental Group – Mark Stoops 727-299-9555 CMC Property Management – Chris 727-741-3021 Condominium Associates – Kevin Mcnulty 727-599-7384 / Craig Caldwell 727-573-9300 Resource Property Group – Dot Thomas 727-581-2662 Rampart Properties – Brooke Smith Nelson 727-577-2200 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Additional Commercial Projects A.D.T. Auto Auction – West Palm Beach, Florida (New) A.D.T. auto Auction – West Palm Beach, Florida (Remodel) Personnel One – Miami Lakes, Florida (Remodel) Sears – Kendall, Florida (Remodel) Sears – Sawgrass, Florida (New Build-out) Personnel One – West Palm Beach, Florida (Remodel) Personnel One – Hollywood, Florida (Remodel) Progressive Insurance – Lauderdale Lakes, Florida (New) Personnel One – Miami, Florida (Remodel) Progressive Insurance – North Miami, Florida (Remodel) Luckett-Farley Nursing Home – Pembroke Pines, Florida (Remodel) Personnel One – Pompano Beach, Florida (Remodel) Personnel One – North Miami Beach, Florida Southwestern Bell – Pompano Beach, Florida Southwestern Bell – Ft. Lauderdale, Florida Southwestern Bell – Miami, Florida Holiday Inn – Jacksonville, FL, Atlanta, GA. La Quinta – St. Petersburg, FL Residence Inn – Atlanta, GA. Days Inn – Atlanta, GA. 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Qualification of Firm Florida S-Corporation Established 1987 / Incorporated 1990 Florida State License No. CGC061702 Services Offered: Nationwide General Construction Pre-Construction Services Construction Management Services Bonding/Insurance Capabilities & Bank Information Surety: Willis of Florida David H. Carr 3000 Bayport Drive Suite 300 Tampa, Florida 33607 (813) 281-2095 Capacity: See following letters Insurance: Auto Owners Insurance Co. General Liability, Aggregate/Completed Products-Operations Excess Liability. Agent: Roe Insurance, Inc. 9851 State Road 54 New Port Richey, FL 34655 (727) 376-0030 Banking: Jefferson Bank Joe Larussa, Vice President 3711 Tampa Road Oldsmar, FL 34677 (813) 749-2755 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Licenses To Whom It May Concern: Bill Voeller and his team at Voeller Construction have worked on various projects over the years with TJM Properties. Their most recent project with us was for a building addition to our property in Bedford, Virginia. The crew worked efficiently, completing the project on time and with no issues. I would highly recommend this company, as they have been reliable for many construction projects within the TJM portfolio. Sincerely, Steven Bohlen Regional Director of Plant Operations 1824 Venetian Point Drive Clearwater, Florida 33755 727-420-3338 727-446-6970 Fax CONSTRUCTION ADVISORY SOLUTIONS, INC. To whom it may concern, As the Owner’s Representative on Bay Harbor Condominiums, and Florida College Residence Halls, I would like to compliment Voeller Construction for a job well done. The Bay Harbor project was challenging in both the budget and construction phases and Voeller’s professionalism provided a quality project, on time and on budget. Florida College is in the early construction phase now, and again Voeller Construction’s team concept in the buy-out and pre-construction services proved to be a valuable asset to the entire project team. The construction phase of Florida College continues to progress at a rapid pace, with no significant problems. I would recommend that any Client consider utilizing the services of Voeller Construction on any future project. Bill Voeller, Sean Summerfield and Pablo Saez continue to be a pleasure to work with, and I am glad to have them as part of our team. Best Regards, Ron DeLisle, President Construction Advisory Solutions, Inc. 1345 Virginia Lee Circle l Brooksville, FL 34602 l Ph. 913.593.8679 l OiArchitecture.com State of Florida Lic #AA26001977 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Professional References KLAR & KLAR ARCHITECTURE Clearwater, Florida Roberta Klar (727) 799-5420 FLEISCHMANGARCIA Tampa, Florida Meyer Weitzman (813) 251-4400 ROJO ARCHITECTURE Tampa, Florida Swapnali Salunkhe (813) 630-5508 Mc Carthy and Associates Clearwater, Florida Mike Mc Carthy, P.E. (727) 536-8772 SHORELINE DESIGN GROUP Clearwater, Florida Gary Badderis (727) 215-0817 JAY MYERS & ASSOCIATES Seminole, Florida Jay Myers, AIA (727) 595-7100 JONNATTI ARHCITECTURE, INC. Clearwater, Florida Mark Jonnatti (727) 725-2724 NORTHSIDE ENGINEERING SERVICE, INC. Clearwater, Florida Housh Ghovaee (727) 443-2869 DESIGN STYLES Clearwater, Florida Andy Dohman (727) 797-4420 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M CHASE BANK John Chiadom, P.E. /Senior Project Manager (614) 248-6260 CORE STATES GROUP Tampa, Florida Bryan grabon (813) 490-1755 CONSTRUCTION ADVISORY SOLUTIONS Clearwater, Florida Ron DeLisle (727) 420-3338 COLDWELL BANKER – WIKLE PROPERTIES, INC. Palm Harbor, Florida Paul Wikle (727) 787-2727 G AND J MARKETING. Palm Harbor, Florida Greg Sidwell (727) 422-6251 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP Attorneys at Law Clearwater, Florida Carol Hague - CEO (727) 461-1818 CONSUS GROUP, LLC Belleair, Florida “Ed Hooper” State Representative District 50 (727) 458-4751 J. A. G. M., LLC Montgomery City, Missouri John Shelton (314) 378-6208 TCS COMMUNICATIONS Englewood, Colorado Bobby Payne (813) 323-6548 MAGNUM MANAGEMENT SERVICES Boca Raton, Florida Saleena Miller (561) 512-8637 Professional References 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E RC O N S T R U C T I O N . CO M ATLANTIC POOL BUILDERS, INC. Rick PH: 727-592-1142 Rick_apb@yahoo.com B&M CONTRACTING Mark Sulkowski PH: 727-378-4133 bandm.mark@att.net BALANCED AIR Ben PH: 727-842-2247 Ben@balancedair.com BARRON’S AIR & APPLIANCES PH: 727-784-1603 BARRY HICKS MASONRY, INC. Barry: 727-560-5651 CROW INDUSTRIES, INC. Terry Crow PH: 727-539-8001 terry@crowindustries.com DJ TRUSSES, INC. Chris PH: 863-687-4796 terry@crowindustries.com G. HOSKINS, INC. Greg Hoskins PH: 727-243-2772 GENERAL CABINETS Donnie PH: 727-863-3404 Donnie@GeneralCabinets.com IC MECHANICAL John Larose PH: 813-818-4889 jlarose@icmech.com Subcontractor References 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E RC O N S T R U C T I O N . CO M KONTOS ROOFING George Kontos PH: 727-934-9451 Gkroof1@gmail.com MIDNIGHT CEILINGS Steve Bail PH: 813-882-9174 midclg@aol.com P&L QUALITY SERVICES Peter PH: 727-945-7637 RJ KIELTY HEATING & COOLING Michelle PH: 800-330-5486 receivables@rjkielty.com TARGET ELECTRIC Jim Ehlers PH: 727-935-4873 jim@targetelectric.us TORRES TOTAL FLOORING Pete PH: 813-645-1008 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E RC O N S T R U C T I O N . CO M B.E.T.-ER MIX, Inc. Jerry Cox PH: 727-862-2239 JCox@betermix.com BANNING LUMBER & MILLWORK Bob PH: 727-539-6455 rvandenbrink@teambanning.com CASTCRETE Diana Griffo PH: 813-627-0090 Dgriffo@castcrete.com CEMEX Jessica PH: 813-269-1059 jessicalea.turner@cemex.com ELECTRIC, INC. PH: 727-939-9473 FLOOR & DÉCOR - BLUE TARP FINANCIAL Anastasia/Stacy PH: 727-239-4780 dna.hays@gmail.com GATOR GYPSUM Nancy PH: 813-248-6393 HOME DEPOT – CITY FINANCIAL COMMERCIAL ACCOUNT Tyler Sadler PH: 800-494-1946 FAX: 877-969-6282 MAUMEE VALLEY FABRICATORS PH: 419-476-1411 FAX: 419-476-8837 SHERWIN WILLIAMS CO Frank PH: 727-942-1868 Sw2199@sherwin.com Supplier References 4490 Alternate 19, Suite 101, Palm Harbor, FL 34683 Phone: (727) 785-9198, Email: bill@voellerconstruction.com WW W . V O E L L E R C O N S T R U C T IO N . CO M Due to our persistent high standards, our continued commitment to our clients and the seamless progression to Voeller Construction, Inc.; we are excited to say that our current path is reflective of our proud history. Restaurant Demolition, Construction, Operation, and Maintenance #20-15 June 3, 2015 Table of Contents Tab 1. Letter of Interest and Supporting Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 Tab 2. Abilities, Experience and Expertise in Restaurant Management and Operations 1. Statement of Qualifications . . . . . . . . . . . . . . .Page 1 2. Marketing Plan. . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 3. Representative Projects ..................Page 8 Tab 3. Restaurant Theme/Type/Quality 1. Vision for the Project and Site . . . . . . . . . . . . Page 1 2. Proposed Menu Pricing .................Page 2 3. Estimated Demo & Restaurant Cost .......Page 5 4. Description of Facilities & Amenities ......Page 6 5. Narrative and Visual Representation ......Page 6 6. Terms & Conditions. . . . . . . . . . . . . . . . . . . . . Page 14 7. Development Schedule. . . . . . . . . . . . . . . . . . Page 15 Tab 4. Professional Expertise/Composition of the Design and Construction Team 1. General Contracting and/or CM ..........Page 1 2. Architectural ...........................Page 21 3. Consultants ...........................Page 37 Tab 5. Financials - Resources, Capital Funding, Demo and New Bldg. Infrastructure Costs, etc. 1. Financial Feasibility .....................Page 1 2. Financial Capacity ......................Page 5 3. Demo & New Bldg. Infrastructure Costs ...Page 12 4. On-Going Capital Infrastructure Costs . . . . . Page 16 Tab 6. Compensation to City .....................Page 1 Tab 7. Other Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 1. Letter of Interest and Supporting Information Tab 1 - Page 1 11201 Corporate Cir. N. Ste.100 St. Petersburg, FL 33716 Phone: 727.330.9175 www.crabbybills.com June 1, 2015 City of Clearwater Purchasing Office 100 S Myrtle Ave Clearwater, FL 33756-5520 Ms. Alyce Benge, CPPO, I am writing on behalf of Crabby Bills to express our interest in continuing our business partnership with the City of Clearwater. Over the past 15 years, we have enjoyed operating our restaurant at 37 Causeway Drive and are very excited to participate in this RFP. We believe a new facility will be a great opportunity for our organization and the restaurant’s new design will add to the appeal Clearwater Beach. Clearwater Beach Seafood, Inc. is leasing the existing Crabby Bills restaurant at 37 Causeway Drive from the City. The restaurant is operated & managed by Primecost Management, LLC. Attached is an organizational chart and the requested contact details. We propose to keep this organizational structure unchanged for purposes of this RFP and the proposed new building. There will be no change in our ownership structure or management team. I appreciate the opportunity to participate in this RFP. I hope you will see that we are very qualified, well financed, uniquely experienced in this location and prepared to deliver a fantastic new facility. We look forward to continuing our great brand that is currently and consistently rated in the top 20 restaurants in all of Clearwater for the visitors and residents of Clearwater and to provide the City with a long term financial benefit. Sincerely, Greg Powers Greg Powers, President and CEO Clearwater Beach Seafood, Inc. (Crabby Bills) 1. Letter of Interest and Supporting Information Tab 1 - Page 2 Crabby Bills Tab 1 Letter of Interest Clearwater Beach Seafood, Inc. Name Title Address Greg Powers 25% Owner, President 2674 Heron Lane South, Clearwater, FL 33762 727-432-7430 Greg@crabbybills.com Lisa Smithson 1.25% Owner, V.P., Treasurer 11201 Corporate Circle N. Suite 120, St. Petersburg, FL 33716 727-258-6116 Lisa@crabbybills.com Eddie Wright Board Member 11201 Corporate Circle N. Suite 100, St. Petersburg, FL 33716 727-657-3860 Eddie@crabbybills.com Powers Family 12.5% Ownership Minority Investors 61.0% Ownership PrimeCost Management, LLC (See Ownership Chart on Next Page) Name Title Address Greg Powers President 2674 Heron Lane South, Clearwater, FL 33762 727-432-7430 Greg@crabbybills.com Lisa Smithson Chief Financial Officer 11201 Corporate Circle N. Suite 120, St. Petersburg, FL 33716 727-258-6116 Lisa@crabbybills.com Gary Hardie Vice President 11201 Corporate Circle N. Suite 120, St. Petersburg, FL 33716 813-857-2231 GaryH@crabbybills.com Eddie Wright VP, Director of Operations 11201 Corporate Circle N. Suite 100, St. Petersburg, FL 33716 727-657-3860 Eddie@crabbybills.com 1. Letter of Interest and Supporting Information Tab 1 - Page 3 Crabby Bills Tab 1 Letter of Interest 100%75%25% 30.00%40.00%30.00% $ Franchise Fee $ 100.00% $ Management Fee $ NOTES: Crabby Bills, USA / PrimeCost Management, LLC Organizational Chart Crabby Bill's USA, LLC. (intellectual property) Greenflash Consulting, Inc. Smithson Financial Services, Inc. Fish is It, Inc. Primecost Management, LLC. (management services) Greg Powers LIsa Smithson Gary Hardie CB Beachwalk Partners, LLC(Crabby's BeachWalk Bar and Grille) CB of St. Cloud, LLC (CrabbyBill's St. Cloud) Clearwater Beach Seafood, Inc.(CrabbyBill's CLW Beach) CB USA Greg Powers, CEO & President Lisa Smithson, CFO & Treasurer Gary Hardie, VP & Secretary PrimecostGreg Powers, CEO & PresidentLisa Smithson, CFO EddieWright, COO 1. Letter of Interest and Supporting Information Tab 1 - Page 4 Clearwater Beach Seafood Frank Chivas Operator Builder Legal Consultant Engineers Architect Tab 2 - Page 1 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations 1. A statement of qualifications, abilities, experience and expertise of all team members that are charged in maintaining and operat- ing the new restaurant, as defined by the Clearwater Development Code. Our team has significant experience in the restaurant in- dustry. In addition to successfully operating the existing Crabby Bills at 37 Causeway Drive, we have also devel- oped, financed and successfully opened and operated Crabby’s Beach Walk Bar and Grill on Clearwater beach as well as a Crabby Bills location in St. Cloud Florida. In addition to restaurant industry experience, we also have significant diversity and depth within the account- ing and financial aspects of business. RELEVANT EXPERIENCE Chairman and Chief Executive Officer: Gregory P. Powers Mr. Powers is the Chief Executive Officer for Crabby Bill’s USA and Prime Cost Management Group. He joined the company as Director and Financial Officer in August of 1999, eventually becoming the Vice President of Facil- ity Management and site location. With over a decade in restaurant ownership and management, his expertise in controlling cost of goods sold and menu development have resulted in substantial sales growth and improved margins. Greg has been the sole owner and operator of the Crabby Bill’s in St. Cloud since 2007. Mr. Powers worked in various financial markets, including, as a fully licensed Series 7 Stock Broker, An Area Manager for the Eastern United States responsible for purchas- ing mortgages from correspondent lenders. He has also served in the role as corporate recruiter requiring travel and salesmanship skills for First Union National Bank, in addition to his day to day responsibility of Managing a Branch Office. Mr. Powers also designed, implemented and managed a centralized consumer credit department which processed over 40,000 applications annually for Seminole Finance Corporation. Mr. Powers graduated from Rollins College in 1986 with a Bachelor of Arts in Eco- nomics. Business Associations: Crabby Bill’s Restaurant and Crabby’s Beachwalk Bar & Grille Restaurant’s LMA since August 1999; First State Mortgage 1998 - 1999 (Defunct); Mego Mortgage Corp 1996-1998; Seminole Finance 1994-1996. Vice President, First Union National Bank 1987 – 1994. Director and Chief Financial Officer: Lisa Smithson, C.P.A., C.F.P. Ms. Smithson has been the Chief Financial Officer of Crabby Bills from March 2002 – March 2004 returning to this position in September 2011 to present. She has a 35 year career in both public and private accounting. Upon obtaining her accounting degree from the Univer- sity of South Florida, Smithson began her career with Garcia & Ortiz, P.A., one of Tampa Bay’s largest account- ing firms. During her six year tenure as Chief Financial Officer for a medium size, multi location operation she was responsible for financing, human resources, mar- keting, information technology, billing and collections, merger and acquisitions. Her management and nego- tiation talents resulted in significant growth in company revenues and ultimately the sale of the company to a public traded buyer. Ms. Smithson is founder and President of the Tampa Bay accounting firm of Lisa Smithson & Company (dba LS and Company). She leads her firm in rendering ser- vices to privately held companies in various industries. In addition to traditional accounting services, her firm provides clients with strategic business planning, debt restructure, counseling, personnel assistance, acqui- sition strategies and due diligence, as well as other management consulting services. Lisa Smithson & Company has been the accounting firm of choice for Crabby Bill’s Restaurant’s since 1998. Business Associations: Lisa Smithson & Company 1995 - present; Doyle Holdings, Chief Financial Officer, 1999 - present; Interim Chief Financial Officer to Security Point Media since 2007; Doctor’s Walk-in Clinic’s, Inc. Chief Financial Officer, 1990-1997; Lisa Smithson, C.P.A., con- sulting 1991- 1995;Garcia & Ortiz, P.A.., 1976 – 1990, staff accountant to tax manager. Tab 2 - Page 2 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations Director of Operations and Vice President: Eddie Wright Mr. Wright is the Chief Operations Officer of Primecost Management group since July of 2013. He has been affili- ated with Crabby Bill’s for over twenty years. In his tenure with Crabby Bill’s, he has been involved in all aspects of operations. He has operation responsibilities in area man- agement for all stores within the company. He has been on our front line of 17 store openings. Throughout his career he has helped develop and maintain all areas of opera- tion including; staff training, recipe creation, purchasing, inventory controls, budget management, development of efficiencies, policy and procedure development, market- ing, as well as troubleshooting existing locations. Mr. Wright assisted in the ground level development of the Crabby’s Bar & Grill location through, and to its ma- turity; while acting as the managing partner. Mr. Wright’s 25-year hospitality industry experience pro- vides first-hand knowledge and valuable expertise that had contributed to the day to day growth of sales and profitability. Vice President: Gary Hardie, CPA, CGMA Mr. Hardie received his Master of Accountancy (Taxa- tion) from Florida State University. He has over 20 years of business experience. Gary’s primary job is as a Share- holder in LS and Company (a local CPA firm), where he specializes in business and tax planning for closely held businesses. For the past 24 months, Gary has also been working as a Vice President of Primecost Management Group (which manages the Clearwater and St. Cloud Crabby Bills lo- cations) in project management, financial analytics, cost management and other various projects. During this time, the restaurants have improved in efficiency and profitability. Tab 2 - Page 3 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations Facebook has been advantageous for us as well, as we are now able to reach and gain fans worldwide. Since we began using Face- book to promote the restaurant in 2011, we have consistently gained more than 2,000 new followers each year. Crabby Bill’s Clearwater Beach has over 8,900 Facebook fans from all walks of life, and we’ve received over 3,000 reviews from our Facebook fans as well. We’re pleased that over 1,900 of these reviews rated us as a 4 or 5 star dining experience! Daily, we post daily information regarding events hosted on the beach (such as the Sugar Sand Festival, Restaurant Week, and the Seafood & Blues Festival) and we are always exploring new ways to entice visitors and locals to come and spend time at world renowned Clearwater Beach. We have found that by engag- ing our fans through social media regarding events tak- ing place around the beach, we are able to reach new fans through shares and comments. Our goal is to con- tinue to grow in all aspects of social media and continue to keep our fans engaged and always wanting to come back to spend time on Clearwater Beach. As a result of excellent reviews and ratings on several different websites, we have managed to continually show up as a top restaurant to visit for anyone looking into dining plans while on vacation in the area. Crabby Bill’s Clearwater Beach has always, and will forever continue our ongo- ing support of the men and women that defend our country. We offer a 25% discount to active and re- 2. Marketing Plan - Proposals must include a marketing plan that must identify primary and secondary markets for the new restau- rant and proposed amenities (if applicable) and a description of the strategies to be utilized for attracting and strengthening those markets, such as, how and where the restaurant facility will be advertised, branding, and themed restaurant concepts and potential co-marketing opportunities. The Proposal must also present strategies for attracting the leisure tourist market as well as residents of the City of Clearwater. Crabby Bill’s Clearwater Beach has been in operation at 37 Causeway Boulevard for over 15 years. During that time, we have gained excellent working relationships with a majority of the surrounding hotels, businesses, and restaurants and have created a name that is known and loved worldwide. This past year, several articles were written about Crab- by Bill’s, two of which reached a worldwide audience. USA Today listed Crabby Bill’s Clearwater Beach as one of the top restaurants to visit when in the St. Pete/Clear- water area. Allegiant Airlines’ Sunseeker magazine, called us the “best place to eat” when visiting the Clearwater area. FloridaStateHomes.com complimented the store as the “best restaurant on Clearwater Beach”. Crabby Bill’s Clearwater Beach is ranked 28 out of 556 restaurants within the Clearwater area on Trip Advisor. The restau- rant has the highest number of reviews of any of the 556 estab- lishments within Trip Advisor’s Clearwater Restaurants. With al- most 1,900 patron reviews, it is an honor to be given such high ratings. Of those reviews, 1,500 of them rated their time at Crabby Bill’s Clearwater Beach as a 4 or 5 star experience. Nearly 80% of our reviews are outstanding. We take great pride in the fact that Crabby Bill’s Clearwater Beach has a well-trained, knowledgeable, and family friendly staff that consist- ently strives to create a welcoming and fun environment for guests of all ages. We are also ranked in the top 10 on Yelp when searching for the best seafood restaurant in the Clearwater Beach area and Crabby Bill’s Clearwater Beach is ranked in the top 20 on Yelp when searching for the best seafood restaurant within Clearwater and throughout surrounding areas. Tab 2 - Page 4 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations tired members of the military, year round, and we were honored to be a stop on the Wounded Warrior Poker Run fundraiser. We are honored each time a military iden- tification card is shown in our restaurant. We proudly support the Wounded Warrior Project with monthly do- nations. Crabby’s has always been ready and willing to partici- pate in any event put on by the City of Clearwater, and other locally sponsored events. Crabby Bill’s Clearwater Beach has been involved with the Clearwater Jazz Fest for many years, an event now in its 35th year. We were asked by the City of Clearwater’s Events & Festivals Supervisor, Kris Koch to host the Seafood & Blues Festival’s Kick-Off Party held in November and host the VIP tent during the Festival in February. During the two day event, the Seafood & Blues Festival drew 26,894 visitors to Coachman Park. Crabby Bill’s Clearwater Beach donated all food served at the VIP dinner to a sold out crowd of nearly 500 guests on Saturday February 21st. We received rave reviews from the guests, including City Manager Bill Horne, City of Clearwater Events Coordinator Brian Craig, and the City of Clearwater Legal Office Administrator Gina De- Witt. Through the relationship we’ve developed with Kris Koch, we’ve agreed to participate in many of the upcom- ing City of Clearwater events, where we will gladly host the VIP area, if requested. Crabby Bill’s Clearwater Beach partici- pates in the Taste of Clearwater every year and in 2014 won the award for BEST ENTREE with our Mahi tacos. We will continue to strive to be the best res- taurant at these events and showcase our awards to guests entering our estab- lishment. We have always participated in the Clearwater Beach Taste Fest and the Clearwater Beach Restaurant Week. Last year, we received the honor of BEST SERVER on the beach award; voted on by patrons visiting all participating res- taurants during the week-long event. The outpouring of support from guests visiting Crabby Bill’s during Restaurant Week 2014 was astounding. Crabby Bill’s Clearwater Beach also participates in many other events throughout the year. We attended Un- corked ’15, as veterans in our 4th year, and served over 6,000 complimentary Mahi tacos during the 2 day event. We continually received feed- back from hundreds of guests during the event, indicating our food was the best at the event. We attend “Summer Splash” every year held at Innisbrook Resort and Golf Club as one of only 3 res- taurants selected by the Clearwater Beach Chamber of Commerce. We were cho- sen to be a part of the Vals- par ProAm Tournament Day held on Wednesday, March 11th at the prestigious Cop- perhead Course at Innisbrook Resort and Golf Club where we provided free breakfast and lunch to celebrities and community leaders playing alongside professional golfers such as Jordan Spieth. Mr. Spieth managed to take a break during the day and have lunch with us. He later went on to win the Valspar Tournament. Crabby Bill’s Clearwater Beach takes pride in working with our community members as well. We participate in the Pinellas County Sheriff’s Office (PCSO) “Dine-Out Day” every year, and are honored to have law enforcement and employees of the PCSO dine at our establishment. Proceeds of the event go toward programs serving youth in the community—Crabby Bill’s Clearwater Beach has a long history of supporting youth in our community. We participate in the Island Estates Yacht Club Holiday Boat Parade yearly, as well as the Island Estates Civic Center Block Party. We are excited to continue our working relation- ship with Brian and Andi Newdak, Social Directors for the Island Estates Civic As- sociation. Through this partnership we have been able to offer members of the Island Estates Civic Association a year- round10% discount on their bill when dining at Crabby Bill’s Clearwater Beach. Tab 2 - Page 5 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations We look forward to participating in the City of Clearwa- ter’s Centennial Parade on May 30th with our very own “Crabby” float. This is a great opportunity and we are very excited to be a part of this wonderful event. Even though the Cen- tennial Parade will only happen once every 100 years, we plan on partic- ipating in other parades hosted by the City of Clearwater. In October of 2014, Crabby Bill’s helped sponsor the RS: X Youth World Windsurfing Championship, put on by Frank Chivas of Bay Star Restaurants. The store pro- vided daily complimentary breakfast and lunch for all competitors during the week-long event. Crabby Bill’s Clearwater Beach also hosted a dinner during the last evening of competition. Should the tournament come back to the Clearwater area, we will be happy to provide the same quality food and service. We look forward to this new endeavor, as Clearwater Beach is becoming a world renowned sporting area, which is great for our tourism market. Events like these show visitors there is more to Clearwater Beach than just beautiful sand and great food, and we are excited to be on the forefront in helping create a new view of the Clearwater area. Through our involvement in these events we’ve man- aged to form great working relationships with many of our surrounding businesses. We currently supply the Camelot Beach Resort with room key cards for guest’s use. The key cards allow the guest of the hotel to receive 10% off their entire bill while dining at our establishment. We supply our to-go men- us with 10% off coupons attached to businesses throughout the beach, to include the Clearwater Regional Chamber of Com- merce’s Visitor Welcome Center located along Pier 60, the Clearwater Beach Chamber of Commerce, the Clearwater Beach Cham- ber of Commerce’s Visi- tor Center located along BeachWalk inside Surf Style, the Magnuson Hotel, Seaside Inn, Pelican Pointe Hotel, Camelot Beach Resort, and Quality Beach Resort. We also hand out coupons at events we attend to bring locals and visitors alike into the restaurant. The Sea Captain Resort has been a great advocate of Crabby Bill’s Clearwater Beach, and they hand out “Free Happy Hour Drink” cards to all incoming guests—another way we address our long-term goal of reaching as many potential customers as possible to create more “Crabby fans”. We’ve established a great relationship with all of the local marina fishermen—a big draw to the area—by supplying them with a 10% discount for being our “neighbors”. The fishermen spread the word about our “You Catch It, We Cook It” policy to all guests spending a day fishing with them. Because of this great bond, in 2014 Crabby Bill’s Clearwater Beach plated out over 7,000 orders of locally caught fish from patrons of the local fishing charter boats. We will continue this tradition, as Crabby Bill’s is one of the only restaurants in the area that provides this service. Our relationship with Trisha and Dennis Rodriguez, of the Tropics Boat Tours & the Clearwater Ferry, is an impec- cable one. We provide coupons for their employees to hand out to customers. We have found that in making these small gestures, we gain new patrons that are happy to return, not only to Crabby Bill’s, but to the Tropics Boat. We also sponsor the Trop- ics Boat Tour’s annual Gasparilla Floatilla Parade and this year we were able to supply all guests on board with breakfast and lunch during their Gasparilla trip. Our relationships with other Clearwater Beach restau- rants such as Frenchy’s, Bay Star, Shepard’s, and Jimmy’s Fish House are unique to the beach community. We think of ourselves as a small community with a focus on helping out other restaurants to ensure success and maintain a thriving beach community year round. We trade gift cards with these establishments around the holidays, in order for their employees to visit us and our employees to visit them throughout the year. This is a long standing tradition that we will continue to partici- pate in. Each year, we continue to create a stronger working rela- tionship with the Clearwater Threshers located at Bright House Field, and currently have advertising placed Tab 2 - Page 6 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations within the stadium. Through our work with Clearwater Threshers Sales Assistant Craig Warzecha, we were able to implement the first set of Lifeguard chairs placed at centerfield. Guests of the stadium can sit in the chairs, enjoy the beautiful Clearwater sun, and watch the baseball game from the best seats in the house. This has been a dream that we have been able to turn into a reality. Another goal in further developing this seating area is to have sand brought into the sta- dium to create a “Beach Zone”. We hope to have this in place for the 2016 Philadelphia Phillies Spring Training season. In doing this, we will promote Crabby Bill’s and Clearwater Beach as a whole. Additionally, we also ad- vertise in the pamphlets handed out at each Clearwater Threshers game. Guests can come into our restaurant the same day with their ticket stub and receive 10% off their bill. We are again season ticket holders for the Clearwater Threshers 2015 baseball season, and will continue to support local events put on by the Thresh- ers organization, a mainstay of the Clearwater area. We have advertisements placed at Clearwater’s Hamp- ton Inn room directories, located near Bright House Fields. Additionally, we place ads in hotel directories for the Holiday Inn & Suites, Pier House 60, the Gulfview Hotel, the Magnuson Hotel, and Seaside Inn. We also advertise with Discovery Maps, Things to Do Around Here, Fun Maps, The Clearwater Beach Neigh- borhood Newsletter, as well as the Personal Concierge handed out to all incoming guests staying at the Hilton & the Hyatt Regency. Crabby Bill’s Clearwater Beach has 16 signs of different sizes placed through- out the Jolley Trolley, and have been doing so since service began. We have a half page ad in the Sunseeker magazine that is placed in the back seat pocket of every seat on Allegiant Airlines flights. Al- legiant Airlines has become one of the fastest growing airline chains and has made the St. Pete/Clearwater area one of their destination spots, with flights from over 43 cities flying into the St. Pete/Clearwater Airport (PIE) and holding 95% of the airport’s mar- ket. The Sunseeker magazine East edition was read by over 4 million people in 2014, potentially enhancing tourism and attracting visitors to the Clearwater Beach area. Crabby’s has a history of hosting benefit events for local organizations/charities. In 2014, Crabby Bill’s Clearwater Beach held a month long event to benefit the Pediatric Cancer Foundation (PCF). Crabby Bill’s joined forces with our sister loca- tion, Crabby’s Bar & Grill, to gain even more exposure for PCF. For each of our selected spe- cialty drinks sold at each location, we donated $1 to PCF and in March 2014, the stores raised a combined total of $7,003.00. The same event was held in April 2015, and the two stores raised $10,642.00 for PCF and their Sunshine Campaign. We plan to continue our partner- ship with this amazing organization and look forward to many more years of increased fundraising for PCF. In March 2015, we began working with Clearwater for Youth (CFY). We held a month long event, and for every specialty drink purchased we donat- ed $1 to benefit Clearwater for Youth. Crabby Bill’s Clearwater Beach again joined forces with Crabby’s Bar & Grill, and the two stores were able to raise a combined total of $10,246.00 for CFY. We truly enjoy working with CFY and have a great relationship with Hank Webb, Ex- ecutive Director of the organization. We attended their “All About The Kids Golf Scramble” and purchased tickets to their “Meet The Pros” dinner event hosted at Island Way Grill. Crabby’s wants to continue this new partner- ship and we look forward to raising more money for CFY in the future. Supporting CFY fits in perfectly with the commitment Crabby Bill’s Clearwater Beach has made to assisting local youth and giving back to the community in an effort toward helping our future leaders. During the holidays, we spare no expense. This past Thanksgiving and Christmas, we donated over 200 pounds of whole turkeys and honey baked hams to help feed needy families through Religious Community Ser- vices (RCS). This was our sixth year working with RCS during the holiday season. One of the ways Tab 2 - Page 7 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations in which Crabby Bill’s Clearwater Beach gives back to the community is our long standing commitment to RCS. This past holiday season we worked with Isaiah’s Inn, a Christian organization helping families, regardless of faith, who are committed to working or attending school while struggling to get back on their feet. Crabby Bill’s Clearwater Beach adopted 5 families in need for the holi- day through the organization. We purchased gifts for each member of the family, including the parents and we donated a $100 Crabby Bill’s gift card to each of the five families in order for them to enjoy a night out. Addition- ally, we were pleased to be able to donate $1,000.00 to Isaiah’s Inn, as a thank you for all of the amazing work they do to help those less fortunate. We look forward to again participating with both of these charities during the holidays in 2015 and beyond. Our goal is to create lasting bonds with or- ganizations helping those in need, and in turn encourage other local businesses to give back to the community as well. Our management team has embedded themselves in the Clearwater community. We are members of the Clearwater Regional Chamber of Commerce, on the Board of Directors for both Clearwater Rotary as well as the Clearwater Beach Chamber of Commerce. We also hold a Marketing Chair position for the Clearwater Beach Restaurant Week. Crabby Bill’s Clearwater Beach has a history of helping with community events and fundraisers. We donated $100 in gift cards to the City Of Clearwater’s’ “Eggstrav- aganza” during the Easter holiday, $50 in gift cards to the City of Clearwater Seafood & Blues Festival Kick-Off Party, and made a $500.00 donation to the Clearwater Beach Chamber of Commerce for their New Year’s Eve “Light It Up” fireworks show. We provided lunch and din- ner to renowned shell blogger Pam Rambo, during her visit to Clearwater Beach. We created a gift basket filled with “Crabby Gear” and $50 in gift cards to the Pediat- ric Cancer Foundation for their Johnny Ferlita Memorial Fishing Tournament. We have sponsored the Clearwa- ter Rotary with two of their largest events- Crabby Bill’s Clearwater Beach provided lunch to all players and donated $100 in gift cards to the Clearwater Rotary’s annual Golf Tournament, as well as sponsored $1,500.00 towards the Clearwater Rotary Annual Kingfish Tourna- ment. Crabby Bill’s Clearwater Beach is committed to giving back by helping out with events in the area and have never turned down a donation request. Our goal is to continue to assist whenever possible in some form whether it be by providing donations, sponsorships, gift certificates or other items. Recently we developed a new business relationship with Random Acts of Flowers and anticipate this new part- nership to be another avenue for promotional activities in the area. Our future goals include working with the Florida Auto Exchange Stadium in Dunedin to draw addition- al visitors to Clearwater Beach from the surrounding communities and help bring the City of Clearwater new revenue. We also plan to explore working with other major airlines, coming into Tampa International Airport (TIA). This would allow us to reach a larger audience to include international visitors coming to beautiful Clear- water Beach. Our long term goal of creating a Crabby Bill’s Clearwa- ter Beach legacy will be realized through our great food, great service, awesome atmosphere, creative advertis- ing and our tradition of giving back to the community through supporting and participating in local events and sponsoring charity fundraisers. Enticing visitors and lo- cals to experience Crabby Bill’s Clearwater Beach dining and the beautiful Clearwater Beach community is a solid way of developing a repeat customer and visitor for life. Tab 2 - Page 8 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations 3. For each member of the Proposer’s team, the Proposer must provide a lit of completed, comparable, and representative project with the following information: i. Description of the type of all previous restaurant(s) ventures similar to this proposal; ii. Time schedule required for the completion of construction of such restaurant establishment(s); iii. The dollar amount of such representative project(s); and iv. The role(s) played by each Proposer member that was involved. 1. Crabby’s Beachwalk Bar and Grill. Located at 333 Gulfview, Blvd. on Clearwater Beach. Greg Powers, Lisa Smithson and Eddie Wright opened this location in 2008. This restaurant has a very similar menu to Crabby Bill’s and continues to be very successful. The project required a conversion of 3 separate businesses into the existing restaurant. The project took 8 months to com- plete (slowed by Hurricane Season) and was completed within the $800,000 budget. Greg’s role was primarily to manage the construction and develop the menu. Lisa acted in a CFO role and Eddie was in charge of staffing, training and operations. 2. Crabby Bill’s Key West opened in 2002. The project required a com- plete renovation of an existing building and development of attached retail shopping. The project was managed by Greg Powers and cost $2,000,000 and completed in 11 months. The location was successfully operated for 4 years and sold. 3. Crabby Bill’s St. Cloud opened in 2010. The project cost was $300,000 and located in a new building / marina location. Greg Powers was responsible for all design, operations and managed the 6 month construction project. Lisa Smithson is responsible for CFO duties and Eddie consults with operations. The restaurant is in its 5th year and is very successful. 4. Central Avenue Oyster Bar opened in 2001. Greg Powers was responsible for construction management and was a part of the operations team and Lisa Smithson was the CFO. This project was completed at a cost of $225,000 over 3 months. The restaurant was sold after 10 years of successful operations. 5. Asian Grille was located on Central Avenue in St. Petersburg. The project was completed in 2001 at a cost of $200,000. Greg Powers developed the theme, menu and design of the restaurant, which he successfully oper- ated for 3 years until it was sold. Tab 2 - Page 9 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations Tab 2 - Page 10 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations Tab 2 - Page 11 2. Abilities, Experience and Expertise in Restaurant Mgmt. & Operations May 30, 2015 Greg Powers Crabby Bills 11201 Corporate Circle N 100 St Petersburg FL 33716 Greg, Thank you so much for Crabby Bill’s generous donation to Bagay Ki Bon. Your generous contribution goes directly to bring relief to some of the world's poorest communities. We're not just giving a hand out to our partners - our work and your support go to build an infrastructure for economy to grow and ßourish. I am impressed again and again with Crabby Bill’s commitment to our community. I seen Þrst the generosity and integrity with which you operate and offer my deepest gratitude and my most sincere thanks. I hope for many, many years of success and continued involvement in our community. Sincerely yours,  Chris Cox  BAGAY KI BON  WWW.BAGAYKIBON.COM | 3959 VAN DYKE RD #133 | LUTZ, FL 33558 [BAGAY KI BON] DOING [GOOD THINGS] TOGETHER Tab 3 - Page 1 3. Restaurant Theme / Type / Quality 1. A clear statement of the respondent’s vision for the project and site, including a detailed description of restaurant quality, theme & type and why the envisioned restaurant will cater to restaurant demand on Clearwater Beach. Project Vison For the past 15 years, Crabby Bill’s Clearwater Beach has operated within the confines of the current building loca- tion. We managed to make changes to the structure in order to better improve customer satisfaction and help with the necessary storage needed to run a multi-million dollar restaurant. The possibility of a new building opens up the potential reality for great plans and ideas. Guests would be able to enjoy all the natural elements the beach has to offer- sun, sand, water to name a few. Our plans for constructing a new building would include a modern, clean de- sign complementing the beach environment; mirroring our high standards for our guests and our kitchen operations. Our menu and food quality is of the utmost importance to the Crabby Bill’s Clearwater Beach brand and we’ve worked extremely hard over the past several years to improve and perfect both. We will continue the current Crabby Bill’s theme promoting a good time, great food, and a family-friendly atmosphere. The idea that locals and visitors can come into our restaurant, regardless of attire, and have a great time is what Crabby Bill’s Clearwater Beach is all about. We plan to cater to both the leisure tourist market with a 3rd floor rooftop view, and the local market with our 2nd floor air conditioned dining room-with 180 degrees of floor to ceiling windows. Our community involvement and partnerships with the City of Clearwater will only grow stronger with this new Crab- by Bill’s Clearwater Beach building. We will remain a prominent organization involved with local events attracting tourists, day trippers, and new local residents to the beautiful Clearwater Beach community. We will continue to positively promote the City of Clearwater which will be reflected in this new building; showcasing our business pride and love for the Clearwater Beach area. Tab 3 - Page 2 3. Restaurant Theme / Type / Quality 2. Summary of your proposed menu pricing strategy. Proposed Menu Pricing Strategy Primecost Management will continue to engineer the menu for Crabby Bill’s. Our current menu and pricing caters to families and large groups. We will continue with this strategy. We strategically place items on the menu to draw attention to our most profitable and best dishes. We review our menu quarterly and evaluate each dish based on customer satisfaction, quality and financial results. We also evaluate the availability and quality of the available sources ingredients. Attached is our latest Menu that has been very well received by our guests and has resulted in the highest average margin in the 15 years of our location. Tab 3 - Page 3 3. Restaurant Theme / Type / Quality 2. Summary of your proposed menu pricing strategy. Starters Florida Alligator Bitesbite size gator tail and hot cherrypeppers, dusted in seasoned flour, flash fried, and served withCrabby’s stone sauce. 9.99 Crabby’s Calamaritender calamari, lightlybreaded and deep friedwith cherry peppers. served with warm marinara. 8.99 U Peel ‘Em Shrimpsteamed, peel and eat, large white gulf shrimp, served hot with melted butter, or cold with cocktail sauce. Half order 8.99 Full order 15.99 New Orleans Shrimp Scampi carmelized onions and shrimp, sautéed in a cajun butter, served on a cast iron skillet with garlic bread. 10.99 Killer Conch Fritterslightly spicy fritters made withcaribbean conch and served with honey mustard. 8.99 Buffalo Shrimplarge, white gulf shrimp, fried, and tossed in buffalo sauce, served with blue cheese and celery sticks. 8.99 Onion Ringshand-cut, sweet onion rings, lightly dusted, deepfried to a golden brown, and served with Crabby’s stone sauce. 6.99 Amazing Shrimp & Feta Fonduea deliciousblend of feta cheese, white wine, and garlic butter, baked ‘tilbubbly, and served with garlic bread for dunking. 8.99 Malibu Coconut ShrimpTossed in malibu coconut rumbreading, served with sweet and spicy marmalade. 9.99 add malibu black rum to your marmalade .99 Smoked Fish Spreadserved with capers and hot peppers on the side with crackers for spreading. 8.99 Volcano Gator with Inferno Saucehomemade inferno sauce, madewith the world’s hottest pepper,drizzled over our Florida alligator bites. NO REFUNDS. 10.99 as seen onHEAT SEEKERS Florida Style Crab Cakestwo homemade blue crab cakes, served fried with mango salsa. 8.99 Boneless Chicken Wingsboneless wings tossed in your choice of buffalo, sweet thai chili, or barbecue. 7.99 Creamy Crab & Spinach Dipblue crab meat and spinach, topped with cheddar jack cheese and served with tortilla chips for dipping. 8.99 Shell Bar Volcano Oysters with Inferno Saucemade with the world’s hottest pepper. NO REFUNDS. 1/2 dozen market price Crabby’s Fresh Oystersone dozen freshly shucked gulf oysters, served raw or steamed. market price Baked Oysterslayered with garlic, butter, and parmesan cheese, then baked to a perfect golden brown. 1/2 dozen market price Crabbyfellar Oysterstopped with bacon and our owncreamy crab and cheese spinach dip, then baked ‘til bubbly. 1/2 dozen market price Jakey’s Musselsone pound cold water mussels, sautéed in white wine and garlic butter, served with garlic bread. 9.99 Middleneck Clamsone dozen freshly shucked middleneckclams, served raw or steamed. 8.99 Jakey’s Clamsone dozen steamed clams sautéed in white wine and garlic butter, served with garlic bread. 10.99 Salads served with dressings:ranch, italian, blue cheese, honey mustard, pineapple mango vinaigrette, oil & vinegar add grilled chicken breast 4.99add grilled shrimp / blackened mahi 5.99 Shrimp Salad Salada freshly mixed shrimp salad served atop baby greens, cherry tomatoes, onions, and crispy croutons. 13.99 Caesar Saladromaine lettuce, tossed in classic caesar dressing,and topped with grated parmesan cheese and croutons. 6.99 Bacon Blue CheeseWedge Salada romaine lettuce head, cut into awedge, and topped with tomato slices,crispy bacon bites, and chunky bluecheese dressing. 7.99 House Salad a blend of romaine lettuce and spring mix, toppedwith tomatoes, onions, cheddar jack cheese, and croutons. 5.99 Clam Chowder Cup 3.99 / Bowl 4.99Try our Crabby Bill’s famous original recipe! Pasta Shrimp Alfredo fresh gulf shrimp and linguine pasta tossedin our homemade alfredo sauce. 14.99 Cajun Chicken Alfredogrilled chicken, served over linguinepasta tossed in a cajun butter and homemade alfredo sauce. 13.99 Sangria Fresh muddled strawberries, KAPPA Pisco by Grand Marnier®BV Coastal Pinot Grigio, apple juice, peach schnapps, agave nectar and a splash of pineapple juice. Try Our World Famous Homemade Consuming raw or undercooked oysters, meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illnesses, especially if you have a medical condition. Parrot Bay®Crab Trap Crabby’s World Famous drink. A delicious blend of tropical Captain Morgan’s Parrot Bay®Rums & juices. Ya Mon!! Size Matters: Order 14oz, 20oz, or a Pitcher Don’t Worry. Be Crabby! served with garlic bread. Tab 3 - Page 4 3. Restaurant Theme / Type / Quality 2. Summary of your proposed menu pricing strategy. Bairdi Crab known as the best crab available, it’s ahouse favorite, served traditionalsteamed, or grilled with garlicbutter and Old Bay seasoning.market price Snow Crabone pound Alaskan snow crab, served steamed with melted butter for dipping. market price Florida Style Crab Cakestwo homemade blue crab cakes, served fried or grilled. 14.99 Fried Shrimp Gulf shrimp, hand breaded, and fried to a golden brown. 14.99 Coconut ShrimpTossed in malibu coconut rum breading,served with a sweet and spicy marmalade. 15.99add Malibu Black rum to your marmalade.99 Jumbo Caribbean Lobster Tail One poundBrazilian rock lobster, basted in garlic butter, seasoned with old bay, and broiled. market price Sea Scallopssweet scallops, from the northeast region ofAmerica, served fried or broiled in garlic butter. market price Sandwiches Sirloin Burgerhalf pound of angus beef and brisket blend grilled to order. 9.99 New England Lobster RollMaine lobster chunksmixed with Hellmann’s mayonnaise, served on a traditionalNew England hot dog bun, over a bed of lettuce. 14.99 Chicken Phillychicken breast, grilled, and smothered in white American cheese, sautéed onions, and hot cherry peppers, served on a toasted amoroso roll. 9.99 Loaded Chicken Melt grilled chicken breast basted in sweet hickory barbecue sauce, topped with bacon, onions andcheddar jack cheese. 8.99 Mahi MahiTacosblackened mahi mahi, shredded cabbage, andcheddar jack cheese, toppedwith mango salsa and a cilantro cream sauce. 14.99 Mahi Mahi Caribbean mahi mahi, served grilled or blackened. 11.99 Shrimp Po Boyfried Gulf shrimp atop a bed of lettuce,tomato, and onion, on an amoroso roll, topped with our homemade Tobasco mayonnaise. 12.99 Florida Style Crab Cakehomemade blue crab cake, served fried or grilled. 9.99 Grouper Picatta grouper filet,fried, and topped with lemons, capers,and garlic butter. market price Fresh Gulf Grouperreal grouper filet, served fried,grilled, blackened, or broiled. market price Mahi MahiCaribbean mahi mahi filet, served grilled, blackened, or broiled. 16.99 Yellowfin Tunaa large tuna steak, cooked to your desired temperature, served grilled, blackened, or broiled. 16.99 Crabby’s Fish And Chipsfish filets dipped in Crabby’s beer batter and fried to a crispy golden brown. 14.99 Island Mahi MahiCaribbean mahi mahi filet, seasonedwith cajun spices, basted with a keylime honey mustard then topped offwith fresh mango salsa. 18.99 half pound snow crab market price fried gulf shrimp5.99 skewered shrimp5.99 sweet potato fries4.99 garlic bread2.99hush puppies2.99 Add Ons crispy friesgarlic mashed potatoes black beans & yellow rice cheese grits southern green beansseasonal vegetables homemade coleslaw sweet potato friesadd1.99house salad add1.99 caesar salad add 2.99 Side Dishes served with two sides served with two sides served with crispyfries or coleslaw Crabby Combinations served with two sides Seafood Combolarge gulf shrimp, haddock, scallops, and a crab cake, served traditional fried, or broiled with garlic butter and old bay seasoning. 18.99 Clams & Musselsone dozen middleneck clams and one pound cold water mussles, steamed, then sautéed in a white wine and garlic butter sauce. 18.99 Snow Crab & Shrimp Alaskan snow crab paired with delicious steamed gulf shrimp. 19.99 Surf & Turf bacon wrapped, center cut filet mignon, and a 6oz cold water lobster tail. market price Key West Grilled Combo skewered shrimp and caribbean mahi mahi, basted in honey mustard, and served over rice, with two conch fritters. 18.99 Steamer BucketAlaskan snow crab, gulf shrimp, cold water mussels, and middleneckclams, steamed to perfection. 24.99 CrabbyBills.com Grouper Po Boy a traditional New Orleans style sandwich, made withtender grouper nuggets, served with lettuce, tomato, and onion, on an amorosoroll, and drizzled with a homemade Tabasco mayonnaise. 12.99 Philly Grouperfresh gulf grouper,grilled, smothered in white American cheese,sautéed onions and hot cherry peppers,served on a toasted amoroso roll. 12.99 = Crabby’s specialty items Grouper Sandwichreal grouper caught in local waters, prepared fried, grilled, blackened, beer battered or broiled. 13.99 Crabby’s Grouper always fresh from the gulf, caught daily Mainland Market Bacon Wrapped Filet Mignonan 8oz center cut filet mignon,bacon wrapped and topped with montreal seasonings. 18.99 twin filet 28.99 Twin Pork Chopstwo 6oz center cut pork chops, smokehousemaple seared, served southern fried or grilled with agave nectar. 14.99 Chicken Picattatwo chicken breasts, fried, and topped with lemons, capers, and garlic butter. 14.99 Loaded Chickentwo chicken breasts,basted in sweet hickory barbecue sauce, andtopped with bacon, onions, and cheddar jack cheese. 14.99 served with two sides. Crabby's Catch Offshore Surf & Turf Combo Tab 3 - Page 5 3. Restaurant Theme / Type / Quality 3. Estimated demolition and new restaurant build-out cost. Cost: $1,693,495 Inclusive of building demolition $41,500 (including asbestos abatement) Tab 3 - Page 6 3. Restaurant Theme / Type / Quality 4. A description of the proposed facilities and amenities at the property. 5. A narrative and visual representation of the extent of the development proposal to the site, where drawings are more “conceptual” in format but are detailed enough to reflect the scope and aesthetics of the proposed construction, which may not exceed three sto- ries inclusive of a rooftop deck. The narrative representation must also address, at minimum, seating capacity, square footage, and proposed architectural style and material types. The new two-story (above flood plain) +/- 5,900 gross square feet restaurant is capable of seating approximately 200 patrons and is inclusive of bars on all levels, dining and kitchen facilities on one level and a rooftop bar area. The ground level has building entry access, service elevator, and patron elevator. Also at the ground level is service access for deliveries and dumpster garbage pickup. The new restaurant of approximately 5,900 gross square feet (two-story above flood plain) has an eclectic Clearwater Beach Architectural style. Building materials are meant to contextually compliment both the corporate brand and the character of Crabby Bills. The facility will hold approximately 200 patrons that will be able to eat and drink on all floors. 3. Restaurant Theme / Type / Quality Tab 3 - Page 7 3. Restaurant Theme / Type / Quality Tab 3 - Page 8 3. Restaurant Theme / Type / Quality Tab 3 - Page 9 3. Restaurant Theme / Type / Quality Tab 3 - Page 10 3. Restaurant Theme / Type / Quality Tab 3 - Page 11 3. Restaurant Theme / Type / Quality Tab 3 - Page 12 3. Restaurant Theme / Type / Quality Tab 3 - Page 13 Tab 3 - Page 14 3. Restaurant Theme / Type / Quality 6. This Project must be constructed and operated at the Proposer’s own risk without benefit of financial guarantees from the City of Clearwater. The City of Clearwater, however, does have an obligation to its citizens and visitors to ensure that this project is complet- ed or failing that, that the Project avoids abandonment in place. Accordingly, the Proposer must describe the terms and conditions it proposes to ensure construction and operation of this Project. For 15 years we have operated the Crabby Bill’s at this location. We have a proven track record of success at this loca- tion and over the past years have reserved funds for an anticipated new building. We have clearly demonstrated our credit worthiness as a tenant. We have placed $1,800,000 into an Escrow account that is reserved for this project to ensure the completion of this project and plan on using no debt for the proposed construction and improvements to the city’s land. Our chosen contractor (Creative Contractors Inc.) will procure a performance bond prior to demoli- tion. Despite our proven track record, should our business somehow fail, the City should have no problem leasing an unencumbered and well maintained beach front location. Tab 3 - Page 15 3. Restaurant Theme / Type / Quality 7. Development Schedule a. Design:September 1, 2015 - February 1, 2016 b. Review and Permitting:February 1, 2016 - March 15, 2016 c. Construction: Demolition May 1, 2016 Building Construction June 1, 2016 d. Restaurant Opening:February 1, 2016 Tab 4 - Page 1 4. Professional Expertise / Composition of the Design and Construction Team Jim Cacini Chief EstimatorVice President Joshua BomsteinLEED APPrincipal in Charge President Jerry SiminskiChief Construction Officer Creative Contractors Inc. PreConstruction 1. General Contracting and/or Construction Management: Tab 4 - Page 2 4. Professional Expertise / Composition of the Design and Construction Team Creative Contractors, Inc. is a privately-held commer- cial construction firm headquartered in Clearwater, Florida, specializing in commercial construction. Founded in 1974 by Alan C. Bomstein, Creative’s dedicated employees have worked hard to maintain the solid values and tradition of quality workmanship and personalized service established by Mr. Bomstein. As a result, Creative Contractors, Inc. is now one of the most respected general construction firms on the west coast of Florida. The com- pany’s annual volume averages in excess of $90 million. Maintaining the philosophy of its founder, Creative Con- tractors has diversified in all facets of general construction services, thereby enabling the company to market nego- tiated general construction, design/build, construction management, and fast-track delivery systems. Creative Contractors offers a variety of technical and manage- ment approaches flexible enough to meet the demands of any project. Creative offers a cost and time-saving program of early contractor involvement, which applies construction expertise to the project during the earliest stages of design. Over 90% of Creative’s contractual vol- ume is acquired utilizing the construction management at risk system, whereby Creative provides extensive pre- construction services. As a founding member of the Gulf Coast Chapter of the U.S. Green Building Council, we are the local green build- ing expert, and are widely recognized as the leader in LEED (Leadership in Energy and Environmental Design) construction in Tampa Bay. To date, Creative has com- pleted 13 LEED certified projects (one Platinum, five Gold, four Silver, three certified), one LEED Registered project is awaiting final certification, and two new LEED projects are registered. Through the leadership of Alan C. Bomstein, Creative Contractors is characterized by its people - honest, en- ergetic, and professional. Working together, Creative’s employees through their dedication and integrity, have enhanced the company’s reputation for superior work- manship and performance. Constructing buildings that meet or exceed the customers expectations, has and continues to, perpetuate the principles of its founder. Our mission is to provide superior construc-tion management services, while placing customer satisfaction above all else. We are committed to: • Building trust through ethical business practices • Achieving mutually rewarding financial results in all our business relationships • Maintaining a friendly working environment that fosters personal and professional growth • Listen to your customer • Treat others with dignity and respect • Always be truthful • Think, then act • Respond in a timely fashion • Practice safety “The Mission of Creative Contractors places Customer Satisfaction above all else.” Senior Management (top left): Joshua Bomstein, President; Jerry Siminski, Chief Construction Officer; Alan Holderith, Chief Operating Officer; and (sitting) Alan Bomstein, CEO. Tab 4 - Page 3 4. Professional Expertise / Composition of the Design and Construction Team Joshua Bomstein, President, LEED AP BD+C Years of Experience Education Emory University Bachelor of Arts 11 yrs. - Creative Contractors 11 yrs. - In the Industry Relevant Experience Josh joined Creative in 2004. As a LEED Accredited Pro- fessional, Josh’s green building expertise and dedication to improving the industry has made him a leader in sustainability in the Tampa Bay area. He has presented extensively about green building throughout the state and region. Josh serves as Secretary of the Florida Gulf Coast Chapter of the U.S. Green Building Council and is on the Florida/ Caribbean Regional Board. He also serves on the follow- ing boards: • LINC (Legacy Institute for Nature & Culture) • CEO Direct • Pinellas Education Foundation • Pinellas County Economic Development Council • UT Board of Fellows • Pinellas County Contractor Pre-Qualification Com. Largo Community Center / Largo (photo below) The 30,000 SF, $9.7 million center houses a multi-purpose room that seats up to 450 and includes a 1,300 SF stage with theatrical dimmable lighting and sound system. The facility contains a kitchen, fitness center, five studios, and indoor and outdoor seating areas. LEED Platinum Certified. Dunedin Community Center / Dunedin The 45,000 SF, $8.4 million Center includes a large multi- purpose room with a stage and basketball court, class- rooms, a kitchen, offices, dance and exercise rooms, and a fitness center. LEED Silver Certified. Menorah Manor Inn on the Pond ALF / Clearwater The 100,000 SF, $14.3 million ALF houses 80 spacious units comprised of studios and one and two bedrooms, and includes a restaurant style lakeside dining room, arts and crafts room, library, computer and media space, swimming pool, spa with beauty salon, exercise room, therapeutic whirlpool and massage room and gardens. LEED Silver Certified / Design-Build Services. Tab 4 - Page 4 4. Professional Expertise / Composition of the Design and Construction Team Relevant Experience Jerry Siminski, Chief Construction Officer / Safety Director Years of Experience Education Purdue UniversityBachelors in Building Construction Technology 22 yrs. - Creative Contractors 34 yrs. - In the Industry Jerry Siminski joined Creative in 1993 and has since earned a reputation for being one of the state’s finest construction executives. In 2000, Jerry was named Se- nior Vice President. He has proven his strong capabilities in estimating, cost control, and computer generated schedules, and he excels at communicating with Own- ers and Architects. Prior to joining Creative, Jerry gained experience by working for one of the largest general contractors in the nation. He held the positions of Senior Estimator, Project Coordinator, and Project Manager, all of which have added to Jerry’s extensive knowledge of the con- struction industry. Frenchy’s Outpost Bar & Grill / Dunedin (photo below) A 5,000 SF renovation and addition of Frenchy’s Outpost. The seven-week, $642,292 project includes a new kitchen, restroom and tiki bar. Club Renaissance Clubhouse & Pool / Sun City Center A new two-story, 46,000 SF, $6.4 million clubhouse with a Pro Shop, Cart Storage, Dining Room, Kitchen Facility, a Fitness Center with an elevated running track, a Swimming Pool, Spa, and a separate Cabana Building. Finale at Sand Key / Clearwater Beach A new 66,186 SF, 23-unit luxury condominium. The $8.6 million building houses five floors of living and common space and one floor of parking. Amenities include a swim- ming pool, spa with pergola and fire place, barbecue area, lush landscaping, 11 pool-side cabanas and a fitness room. U.S. Airways Club @ Tampa International / Tampa Constructed on the third level of the $13.4 million addition of Airside “F”’s terminal, the state-of-the-art, private club for U.S.Airways’ customers consists of conference rooms, work carrels, reception area, bar services, TV lounge, and a magnificent seating area along the window wall over- looking the runway with a panoramic view of Tampa Bay. Tab 4 - Page 5 4. Professional Expertise / Composition of the Design and Construction Team Jim Cacini joined the Creative Contractors’ team in 1997 as Chief Estimator responsible for the management of the Estimating Department. In 1998, he was promoted to Vice President. Jim has 27 years of construction expe- rience with the last 21 years located in the Tampa Bay region. His duties include providing complete cost es- timates from pre-design through contract negotiations, as well as overseeing all hard dollar bidding. Jim’s years of estimating experience have helped Creative secure contracts for a wide variety of projects including hos- pitals, schools, office buildings, retail centers, airports, nursing and life care facilities, hotels, industrial facilities, churches, and other specialty projects. Prior to Creative Contractors, Jim was estimating man- ager for an Engineering News Record Top 400 general contractor overseeing all estimating procedures. Avila Country Club / Tampa (photo below) 20,000 SF interior gut of the facility. The $3.7 million upgrades included installation of a new elevator, new HVAC systems and lighting, a refurbished dining room and luxurious restrooms, 4,000 SF of full-service locker rooms, a men’s grill, card room, fully equipped com- mercial kitchen and meeting rooms. Land O’ Lakes High School Culinary Arts Academy A new 17,600 SF single-story teaching facility with re- lated sitework. Amenities include three training kitchens and a theater-style 60-seat classroom-laboratory with demonstration station. Cooking demonstrations are viewed on flat-panel screens in each of the kitchens. $5.2 million. Jacobson Culinary Arts Academy A 14,000 SF free-standing facility located on the Tarpon Springs High School campus. The $3.3 million project con- sists of three commercial grade teaching kitchens with 48 cooking stations, a bakery, lecture hall, and a restaurant with seating for 100 people. Relevant Experience Jim Cacini, V.P., Chief Estimator Years of Experience Education West Virginia Institute of TechnologyDesign Engineering 18 yrs. - Creative Contractors 28 yrs. - In the Industry Tab 4 - Page 6 4. Professional Expertise / Composition of the Design and Construction Team Tab 4 - Page 7 4. Professional Expertise / Composition of the Design and Construction Team Address: 466 Causeway Blvd. / Dunedin Contract: $642,292 CM at Risk Completion: March 2014 Owner: Frenchy’s Clearwater Restaurants 419 East Shore Dr. Clearwater Beach, FL 33767 Contact: Michael Preston, Owner frenchys@llc.net Architect: Klar & Klar Associates, Inc. 28473 U.S. 19 North, Suite 602 Clearwater, FL 33761 Contact: Mrs. Roberta Klar roberta@klarklar.com (727) 799-5420 / Fax: (727) 799-9625 A 5,000 SF renovation and addition of Frenchy’s Outpost. The seven-week project included a new kitchen, restroom and tiki bar. Frenchy’s Outpost Bar & Grill Tab 4 - Page 8 4. Professional Expertise / Composition of the Design and Construction Team Address: 1590 Gulf Boulevard / Clearwater Contract: $8,117,959 Design-Build Completion: August 2014 Owner: Taub Ventures, Inc. 2905 Bayshore Blvd. Tampa, FL 33629 Contact: Mr. Brad Taub taubventures@verizon.net (813) 832-6444 Architect: Curts Gaines Hall Jones 1213 E. 6th Avenue Tampa, FL 33605 Contact: Mr. Bob Hall bob@cgharchitects.com (813) 228-8000 / Fax (813) 228-0770 A new 66,186 SF, 23-unit luxury condominium. The $8.6 million building houses five floors of living and common space and one floor of parking. The contemporary de- signed units feature porcelain floor tile in the kitchens and bathrooms, carpet in the bedrooms and great room, covered ceilings in the kitchens and entry, exposed ceil- ings in the great room and bedrooms. Kitchens include all appliances, contemporary cabinets and granite counter tops. Master bathrooms contain a soaker tub and a sepa- rate shower with glass enclosure. Each unit has a private elevator entrance as well as a service entrance through the laundry room. An air conditioned storage space is included at the garage level for each unit. Amenities include a swimming pool, spa with pergola and fire place, barbecue area, lush landscaping, 11 pool-side cabanas and a fitness room. Finale at Sand Key Tab 4 - Page 9 4. Professional Expertise / Composition of the Design and Construction Team Address: 20328 Gator Lane / Land O’ Lakes Contract: $5,240,999 Start Date: October 6, 2010 Completion: July 1, 2011 Owner: District School Board of Pasco County 11839 Treebreeze Dr. New Port Richey, FL 34654 Contact: Mr. Joe Scudiero jscudier@pasco.k12.fl.us (727) 774-7942 / Fax: 727) 774-7992 Architect: Williamson Dacar Associates 935 Main St., Suite C4 Safety Harbor, FL 34695 Contact: Mr. Ted Williamson twilliamson@williamsondacar.biz (727) 725-0951 / Fax (727) 724-9894 A new 17,600 SF single-story teaching facility with relat- ed sitework. Amenities include three training kitchens and a theater-style 60-seat classroom-laboratory with demonstration station. Cooking demonstrations are viewed on flat-panel screens in each of the kitchens. Land O’ Lakes High School Academy of Culinary Arts Tab 4 - Page 10 4. Professional Expertise / Composition of the Design and Construction Team Address: 1513 Gulf Rd. / Tarpon Springs Contract: $3,309,632 / CM at Risk Completion: February 2009 Owner: Pinellas County Schools Walter Pownall Service Center 11111 S. Belcher Rd. Largo, FL 33773 Contact: Mr.Rick Bevilacqua (727) 547-7133 / Fax: (727) 547-7227 BevilacquaR@pcsb.org Architect: Hoffman Architects 29 W. Orange Street Tarpon Springs, FL 34689 Contact: Mr. Ed Hoffman (727) 938-2835 / Fax: (727) 938-2836 ehoffman@hoffmanarchitects.net The Academy is a 14,000-sq. ft. free-standing facility located on the Tarpon Springs High School campus. It consists of three commercial grade teaching kitchens with 48 cooking stations, a bakery, lecture hall, and a restaurant with seating for 100 people. All of the kitch- ens are designed to encourage interaction between chefs and students. Jacobson Culinary Arts Academy Tab 4 - Page 11 4. Professional Expertise / Composition of the Design and Construction Team Aston Gardens Clubhouse Tampa Contract: $3,034,284 Constr. Time: 11 months Completion: Nov. 2001 Club Renaissance Clubhouse Sun City Center Contract: $6,434,037 Constr. Time: 12 months Completion: Oct. 2004 Lakeland Regional Health B-Wing Bed-Tower Lakeland Contract: $52,118,618 Constr. Time: 33 months Completion: April 2005 Manatee High SchoolDavis Building Renovation &Culinary Arts Department Bradenton Contract: $17,265,000 Constr. Time: 13 months Completion: July 2011 Kitchen / Dining Expertise Tab 4 - Page 12 4. Professional Expertise / Composition of the Design and Construction Team AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 1 Heritage Isles Fitness Center & Clubhouse Construction Value: $1,243,311 (Phase 1) Phase 1: New stand-alone 6,000 SF fitness Center Year Completed: 05/2015 Phase 2: 20,000 SF Clubhouse expansion Owner/Developer: Heritage Isles Community Development Tampa, FL Architect: FleischmanGarcia Architecture Murray Studio Theater Construction Value: $1,211,930 1,200 SF Addition / 3,300 SF Renovation Year Completed: 02/2015 Clearwater, FL Owner/Developer: Ruth Eckerd Hall Architect: Klar & Klar Architects LRMC OR Expansion Construction Value: $5,600,000 17,500 SF renovation Year Completed: 01/2015 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Madeira Beach Fundamental Construction Value: $1,600,000 Sewer replacement Year Completed: 01/2015 (Phase 3) Madeira Beach, FL Owner/Developer: Pinellas County Schools Architect: GLE Associates, Inc. Bayfront Tower Phase 1 Construction Value: $5,978,789 Master Facility Plan Year Completed: 12/2014 St. Petersburg, FL Owner/Developer: Bayfront Tower Condominium Assoc. Architect: Wannemacher Jensen Architects LRMC ED Expansion Construction Value: $4,800,000 15,800 SF renovation Year Completed: 12/2014 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects St. Anthony Catholic School Construction Value: $2,207,133 Addition and Remodeling Year Completed: 11/2014 San Antonio, FL Owner/Developer: St. Anthony School & St. Pete Diocese Architect: Holmes Architects Egozi Surgery Center Construction Value: $1,800,000 5,300 SF Year Completed: 10/2014 Clearwater, FL Owner/Developer: Dr. Eric Egozi Architect: Graham Design Architects Behavioral Health Unit Construction Value: $2,750,455 16,000 SF, 4-Phase Project Year Completed: 10/2014 Dunedin, FL Owner/Developer: Mease Hospital, Inc. Architect: James E. Toth Architecture LRMC 4 East/West Patient Room Construction Value: $1,568,194 11,800 SF renovation Year Completed: 10/2014 (5/23/14 start) Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Commercial Construction Projects Last 5 Years Tab 4 - Page 13 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 2 St. Mary’s Episcopal Day School Construction Value: $5,284,070 24,800 SF bldg. to house new gym/classrooms Year Completed: 08/2014 Tampa, FL Owner/Developer: St. Mary’s Episcopal School Architect: Holmes Hepner Architects Finale at Sand Key Construction Value: $8,667,445 66,186 SF, 23-unit Luxury Condominium Year Completed: 08/2014 and Parking Garage Owner/Developer: Taub Entities LLC Clearwater, FL Architect: Curts Gaines Hall Jones Holy Name Monastery Construction Value: $3,393,000 12,885 SF New Construction Year Completed: 08/2014 Saint Leo, FL Owner/Developer: Benedictine Sisters of Florida Architect: Klar and Klar Architects Johnson Pope Law Office Renovation Construction Value: $210,707 1,835 SF Office renovation Year Completed: 07/2014 St. Petersburg, FL Owner/Developer: Johnson Pope Bokor Ruppel & Burns Architect: N/A HVAC Renovation Construction Value: $2,498,274 Replacement and increased capacity Year Completed: 07/2014 Clearwater, FL Owner/Developer: Ruth Eckerd Hall, Inc. Architect: Klar & Klar Architects Trinity Ambulatory Surgery Center Construction Value: $4,572,265 15,000 SF new construction/demo existing Year Completed: 06/2014 (Phase 1) Trinity, FL Owner/Developer: BayCare Health Systems Architect: Mason Blau & Associates The Haven of RCS Outreach Center Construction Value: $1,075,340 4,400 SF hurricane hardened building Year Completed: 06/2014 Clearwater, FL Owner/Developer: Religious Community Services (RCS) Architect: Hoffman Architects First National Bank Interior Renovation Construction Value: $170,000 980 SF demolition & renovation Year Completed: 06/2014 Tampa, FL Owner/Developer: First National Bank of Gulf Coast Architect: Klar and Klar Architects FHC - Second Floor Renovation Construction Value: $485,863 Nurses’ Station, flooring, etc. Year Completed: 05/2014 Tampa, FL Owner/Developer: Florida Hospital Carrollwood Architect: Heery International LRMC Pediatric ED Renovation Construction Value: $611,237 1,800 SF renovation Year Completed: 05/2014 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Tab 4 - Page 14 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 3 LRMC 5 East Patient Room Renovation Construction Value: $1,032,531 11,800 SF renovation Year Completed: 05/2014 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects SLU 4th Floor Build-Out for School of Business Construction Value: $1,076,760 6,640 SF build-out Year Completed: 04/2014 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects Frenchy’s Outpost Bar & Grill Construction Value: $642,292 5,500 SF Renovation & Addition Year Completed: 03/2014 Dunedin, FL Owner/Developer: Frenchy’s Clearwater Beach Restaurants Architect: Klar & Klar Associates FHC - Occupational Health/Medical Plaza Construction Value: $298,752 Exterior Renovations Year Completed: 03/2014 Tampa, FL Owner/Developer: Florida Hospital Carrollwood Architect: Heery International FHC - Occupational Health/Medical Plaza Construction Value: $483,123 6,000 SF interior gut & build-out Year Completed: 03/2014 Tampa, FL Owner/Developer: Florida Hospital Carrollwood Architect: Heery International Skyview Elementary School Construction Value: $2,918,532 Window/storefront/door/hardware replacement Year Completed: 01/2014 45,890 SF Owner/Developer: Pinellas County Schools Pinellas Park, FL Architect: Hoffman Architects CEP Crack Repair Construction Value: $921,853 Repair crack in Central Energy Plant Year Completed: 01//2014 (4-mo. Schedule) Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Capitol Theatre Construction Value: $5,462,574 (Phases 1 & 2) 6,250 SF new 2-story addition Year Completed: 12/2013 13,400 SF renovations Owner/Developer: Ruth Eckerd Hall, Inc. Clearwater, FL Architect: Fowler Associates Architects North Bldg. & Bridge Window Replacement Construction Value: $927,606 Replacement of 30 openings & 8 curtain walls Year Completed: 12/2013 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: N/A Largo Medical Center Construction Value: $158,500 550 SF CT Scan Renovation Year Completed: 12/2013 Largo, FL Owner/Developer: Largo Medical Center Architect: BGA, Inc. Tab 4 - Page 15 4. Professional Expertise / Composition of the Design and Construction Team AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 4 Axelrod Suite 260 Build-out Construction Value: $118,000 400 SF. Pharmacy Suite Year Completed: 11/2013 Clearwater, FL Owner/Developer: Morton Plant Hospital Architect: Studio S Architecture, LLC Bardmoor Outpatient Surgery Center Construction Value: $836,431 5,700 SF build-out Year Completed: 09/2013 Largo, FL Owner/Developer: BayCare Properties Architect: Mason Blau & Associates Suncoast Schools Federal Credit Union Construction Value: $1,587,218 4,990 SF credit union with canopy Year Completed: 09/2013 Zephyrhills, FL Owner/Developer: Suncoast Schools Fed. Credit Union Architect: Holmes Hepner & Associates Architects Willis of Florida, Inc. Construction Value: $881,434 20,000 SF demo and tenant build-out Year Completed: 09/2013 Tampa, FL Owner/Developer: Willis of Florida, Inc. Architect: Vocon Retail Pharmacy Renovation Construction Value: $177,000 1,520 SF conversion of gift shop to Publix Year Completed: 9/2013 Pharmacy Owner/Developer: Lakeland Regional Medical Center Lakeland, FL Architect: Hunton Brady Architects Largo Medical Center Construction Value: $426,542 850 SF interventional lab renovation Year Completed: 08/2013 Largo, FL Owner/Developer: Largo Medical Center Architect: BGA, Inc. Osceola High School Construction Value: $4,328,479 Roof/window/door replacement Year Completed: 08/2013 180,000 SF Owner/Developer: Pinellas County Schools Seminole, FL Architect: Architect Larry Ladelfa San Jose Elementary School Construction Value: $1,192,456 43,243 SF Window replacement/HVAC Upgrade Year Completed: 08/2013 Dunedin, FL Owner/Developer: Pinellas County Schools Architect: Griffin Design Associates APG Electric Renovations Construction Value: $455,063 9,000 SF interior build-out Year Completed: 07/2013 Clearwater, FL Owner/Developer: APG Electric Inc. Architect: Collman & Karsky Architects Highland Recreation Complex Construction Value: $14,364,898 45,480 SF., two-story Year Completed: 05/2013 Tampa, FL Owner/Developer: City of Largo Architect: Gould Evans Architecture Commercial Construction Projects Last 5 Years Tab 4 - Page 16 4. Professional Expertise / Composition of the Design and Construction Team AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 5 Axelrod Fit-out Construction Value: $649,739 Tenant build-out Year Completed: 02/2013 Clearwater, FL Owner/Developer: Morton Plant Hospital Architect: Studio S Architecture, LLC Hybrid OR & Physician’s Lounge Construction Value: $1,034,984 2,400 SF renovation Year Completed: 01/2013 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Heritage Springs Clubhouse Construction Value: $1,322,633 6,050 SF renovation Year Completed: 01/2013 Trinity, FL Owner/Developer: Heritage Springs Architect: Hoffman Architects Phillies Training Building Construction Value: $3,306,817 6 enclosed batting tunnels and weight room. Year Completed: 12/2012 2 batting tunnels /20,677 SF Owner/Developer: Phillies Florida LLC Clearwater, FL Architect: Wannemacher Jensen Architects St. Luke’s Clearwater Office Construction Value: $6,380,050 13,880 SF new medical office bldg. Year Completed: 12/2012 Clearwater, FL Owner/Developer: St. Luke’s Cataract Institute Architect: Behar + Peteranecz Architecture Operating Room 17 Construction Value: $1.3 million 2,600 SF renovation Year Completed: 12/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Emergency Department Pods Construction Value: $385,000 10,904 SF renovation Year Completed: 12/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects General Operating Room Construction Value: $1,389,785 3,050 SF renovation Year Completed: 12/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Foundation Offices Construction Value: $447,261 1,800 SF renovation Year Completed: 09/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects MPH – Women’s Interior Refurbishment/ Construction Value: $344,516 17,000 SF /Adler 3 / Witt 7 Year Completed: 09/2012 Clearwater, FL Owner/Developer: Morton Plant Hospital Architect: Gresham, Smith and Partners Commercial Construction Projects Last 5 Years Tab 4 - Page 17 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 6 Saint Leo University Construction Value: $12,699,201 741-Space Parking Structure Year Completed: 08/2012 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects Saint Leo University Construction Value: $9,877,400 / $9,973,400 New Residence Halls #5 & #6 Year Completed: #5 – 07/2012 / #6 – 08/2012 Two buildings @ 60,000 SF each Owner/Developer: Saint Leo University Saint Leo, FL Architect: Lunz Prebor Fowler Architects Saint Leo University Construction Value: $514,830 Library loggia Year Completed: 08/2012 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects Saint Leo University Construction Value: $595,354 Biology Phase II / 3,700 SF Year Completed: 08/2012 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects USF Golf Training Facility Construction Value: $1,299,617 One-story, 5,000 SF Year Completed: 08/2012 USF Golf Course “The Claw” Owner/Developer: University of South Florida Tampa, FL Architect: FleischmanGarcia Architecture Manatee High School Construction Value: $736,600 Storm Water System Alteration/Cafeteria Year Completed: 08/2012 Bradenton, FL Owner/Developer: School District of Manatee County Architect: Long and Associates Architects Saint Leo University Construction Value: $475,000 East Loop Electrical Relocation Year Completed: 07/2012 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Hall Engineering Group University of South Florida Construction Value: $19,295,447 University Student Center Year Completed: 07/2012 81,000-sq. ft. multi-story facility Owner/Developer: University of South Florida St. Petersburg, FL Architect: Rowe and Associates Saint Leo University Construction Value: $472,912 Call Center II Year Completed: 07/2012 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Ai Collaborative Hybrid Operating Room Construction Value: $1.8 million 850 SF renovation/expansion Year Completed: 04/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Hunton Brady Architects Tab 4 - Page 18 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 7 Inn on the Pond Construction Value: $14,375,805 100,000 SF ALF Year Completed: 02/2012 Clearwater, FL Owner/Developer: Menorah Manor, Inc. Architect: Bessolo Design Group Sun-N-Fun Indoor Pool & Exercise Center Construction Value: $4,048,717 Two-story, 8,500 SF Year Completed: 01/2012 Sarasota, FL Owner/Developer: Royalty Resorts Corporation Architect: Carlson Studio Architecture Microbiology Lab – Level 3 Construction Value: $1,010,801 2,800 SF renovation/expansion Year Completed: 01/2012 Lakeland, FL Owner/Developer: Lakeland Regional Medical Center Architect: Heery International Highland Ave. Stormwater Retrofit Construction Value: $1,118,498 New storm piping/enlarge outfall ditch Year Completed: 01/2012 Tampa, FL Owner/Developer: City of Largo Architect: King Engineering Behavioral Health Center Construction Value: $8,425,955 1-Story, 45,000 SF Year Completed: 12/2011 Tampa, FL Owner/Developer: St. Joseph’s Hospital Architect: Array Healthcare Facilities Solutions Sanders Elementary School Construction Value: $1,539,159 Infrastructure Year Completed: 12/2011 Land O’ Lakes, FL Owner/Developer: District of Pasco County Schools Architect: Williamson Dacar Associates Hybrid Operating Room Construction Value: $700,000 1,482 SF renovation of existing Year Completed: 01/2012 Clearwater, FL Owner/Developer: Morton Plant Hospital Architect: Gresham Smith and Partners Cancer Awareness Patient Construction Value: $430,000 Support Services (CAPSS) Year Completed: 12/2011 5,500 SF Tenant build-out in Axelrod Pavilion Owner/Developer: Morton Plant Hospital Clearwater, FL Architect: Bert Thomas Architects Bernard L. Samson Nursing Center Construction Value: $647,924 16,000 SF 4th Fl. Patient Room Renov. Year Completed: Phase 1 – 10/2011 / Phase 2 – 11/2011 St. Petersburg, FL Owner/Developer: Menorah Manor, Inc. Architect: Bessolo Design Group ED Waiting Area Construction Value: $165,000 Lakeland Regional Medical Center Year Completed: 10/2011 Upgraded waiting room & work areas Owner/Developer: Lakeland Regional Medical Ctr. Lakeland, FL Architect: Heery International Tab 4 - Page 19 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 8 PTAK Construction Value: $70,000 7-Room build-out on hospital campus Year Completed: 10/2011 Clearwater, FL Owner/Developer: Morton Plant Hospital Architect: Bert Thomas Architecture Saint Leo University Construction Value: $1,168,538 NCAA New Soccer/Intramural Field Year Completed: 11/2011 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects Land O’ Lakes High School Construction Value: $5,240,999 The Academy of Culinary Arts/17,600 SF Year Completed: 07/2011 Land O’ Lakes, FL Owner/Developer: District School Board of Pasco County Architect: Williamson Dacar Architects Windmoor Healthcare Unit 24 Construction Value: $676,854 5,500 SF Renovation Year Completed: 08/2011 Clearwater, FL Owner/Developer: Windmoor Healthcare of Clearwater Architect: N/A Axelrod Medical Office Bldg. Construction Value: $14,072,000 100,000 SF, 4-story Year Completed: 06/2011 Located on Morton Plant’s Main Campus Owner/Developer: Morton Plant Hospital Clearwater, FL Architect: HKS Architects Saint Leo University Construction Value: $11,826,328 48,000 SF New School of Business Year Completed: 08/2011 and Generator Owner/Developer: Saint Leo University Saint Leo, FL Architect: Lunz Prebor Fowler Architects Lewis Hall Biology Dept. Phase 1 Construction Value: $700,900 2,000 SF lab suite renovation Year Completed: 08/2011 Saint Leo, FL Owner/Developer: Saint Leo University Architect: Lunz Prebor Fowler Architects Clearwater High School Construction Value: $2,305,096 14,262 SF Auditorium Renovation Year Completed: 08/2011 Largo, FL Owner/Developer: Pinellas County Schools Architect: Renker-Eich-Parks Architects Rooftop Air Handler Replacement Construction Value: $400,000 10,000 SF Year Completed: 07/2011 Tampa, FL Owner/Developer: St. Joseph’s Hospital Architect: Ranon and Partners, Inc. Manatee High School Construction Value: $17,265,000 Davis Building Year Completed: 06/2011 71,000 SF Remodel/Renovation Owner/Developer: School District of Manatee County Bradenton, FL Architect: Long & Associates Tab 4 - Page 20 4. Professional Expertise / Composition of the Design and Construction Team Commercial Construction Projects Last 5 Years AIA 305 Attachment 3.5 Completed Projects 06/2015 Creative Contractors, Inc. Page 9 Land O’ Lakes High School Construction Value: $1.4 million Administration Parking & Utilities Year Completed: 06/2011 Land O’ Lakes, FL Owner/Developer: District of Pasco County Schools Architect: Williamson Dacar Associates Grand Central Office Building Construction Value: $718,000 16,035 SF New Call Center Year completed: 06/2011 Tampa, FL Owner/Developer: Saint Leo University Architect: Ai Collaborative Sun-N-Fun Resort Construction Value: $380,972 Housekeeping Bldg. #2100 Year Completed: 03/2011 Sarasota, FL Owner/Developer: Royalty Resorts Corporation Architect: Carlson Studio Architecture St. Joseph’s Hospital Construction Value: $1,817,000 8,000 SF Pre-Operative Services Renov. Year Completed: 03/2011 Tampa, FL Owner/Developer: St. Joseph’s Hospital Architect: HDR Architecture St. Joseph’s Hospital Construction Value: $300,000 Cath Lab #1 Year Completed: 03/2011 Tampa, FL Owner/Developer: St. Joseph’s Hospital Architect: Gresham Smith Architects Belleair Elementary Construction Value: $8,859,034 27,857 SF Classroom Addn. & HVAC Upgrade Year Completed: 02/2011 Clearwater, FL Owner/Developer: Pinellas County Schools Architect: FleischmanGarcia Architecture Largo Community Center Construction Value: $9,761,236 30,000 SF New Community Center Year Completed: 11/2010 Largo, FL Owner/Developer: City of Largo Architect: Wannemacher Jensen Architects ED Work-Up Construction Value: $234,000 Lakeland Regional Medical Center Year Completed: 11/2010 Renovation within existing Emergency Dept. Owner/Developer: Lakeland Regional Medical Ctr. Lakeland, FL Architect: Heery International Nuclear Medicine Level 3 Construction Value: $380,000 Lakeland Regional Medical Center Year Completed: 11/2010 5-month phased project Owner/Developer: Lakeland Regional Medical Ctr. Lakeland, FL Architect: Heery International Branch Eye Clinic Construction Value: $439,920 6,200 SF renovation Year completed: 09/2010 Hudson, FL Owner/Developer: St. Luke’s Cataract Institute Architect: Klar & Klar Architects Tab 4 - Page 21 4. Professional Expertise / Composition of the Design and Construction Team Team Klar and Klar Architectural Organizational Chart Learn more at www.klarklar.com Crabby Bills Steve L. Klar, NCARB Principal Architect Architectural Design Contact Person Roberta S. Klar, AIA, NCARB, LEED AP Principal Architect Interior Designer LEED Consultant Tim G. Knowles, AIA, NCARB Architectural Design Project Architect CONSULTANTS McCarthy and Associates, Inc. Structural Engineering Mike McCarthy, P.E. Principal Wilson & Girgenti, LLC Mechanical, Electrical, Plumbing Engineering Todd Wilson, P.E. Principal Joe Girgenti, P.E. Principal Gulf Coast Consulting Civil Engineering Robert Pergolizzi, AICP, PTP Principal Sean Cashen, P.E., LEED AP Principal 2. Architectural Tab 4 - Page 22 4. Professional Expertise / Composition of the Design and Construction Team Klar & Klar Architects ROBERTA S. KLAR, AIA, NCARB, LEED AP Principal Architect FLORIDA ARCHITECT REGISTRATION No. 13342 NCARB No. 42210 FLORIDA INTERIOR DESIGN No. ID5542 EDUCATION Bachelor of Architecture │ University of Minnesota, Minneapolis, MN PROFESSIONAL EXPERIENCE 1992-Present, Klar and Klar Architects, Inc. – Principal-in-charge │ Architectural and Interior Design REGISTRATIONS & CERTIFICATIONS Certified by the National Council of Architectural Registration Boards (NCARB) │Licensed Florida Interior Designer │ Leadership in Energy and Environmental Design Accredited Professional (LEED AP)│Florida Green Building Coalition (FGBC) Certifying Agent ASSOCIATIONS Member of Clearwater Regional Chamber of Commerce │Board Member of Clearwater Arts Alliance │ American Institute of Architects Tampa Bay (AIA) │ National Council of Architectural Registration Boards (NCARB) │ Member of Leadership Pinellas │Member of Plus One Organization PROJECT HIGHLIGHTS Frenchy’s Oasis Motel │Clearwater Beach, FL Renovation and Interior Design for a 15-Room, 2-Story 1960’s Motel. Winner of the 2010 Clearwater Beach Chamber Beautification Award. Frenchy’s Saltwater II│ Clearwater Beach, FL 11,000 S.F. New 2-Story Restaurant and Office Design. Frenchy’s Saltwater Café │Clearwater Beach, FL Renovation and Addition to Existing Seafood Restaurant. Frenchy’s Rockaway Renovation │Clearwater Beach, FL Currently working on a new Renovation and Interior Design of Existing Restaurant and Bar. Frenchy’s South Beach Café l Clearwater Beach, FL Outdoor Patio Design. Frenchy’s Outpost │Dunedin, FL 5,800 S.F. Renovation of Existing Restaurant and Outside Tiki Bar. Clearwater Beach Hotel Design │Clearwater Beach, FL 64-room hotel in the Intracoastal waterway with amenities including a restaurant, pool, meeting rooms, and spa. Benedictine Sisters of Florida Monastery and Master Plan | 13,300 S.F. – St. Leo, FL Master Plan and New Chapel, Office, and Residence for Benedictine Sisters. AWARDS Project of the Year Award Winner | 2013-2014 Awarded by the American Public Works Association for our design work on the Belleair Public Works Facility Project. Small Business of the Year Award Winner | 2012 Awarded by the Clearwater Regional Chamber of Commerce for outstanding business practices. Business Beautification Recognition Award | 2011 Awarded by the City of Clearwater and Clearwater Regional Chamber of Commerce for the design and construction of the Homeless Emergency Project (HEP) located in Clearwater. Beautification Award | 2010 Awarded by Clearwater Beach Chamber of Commerce for the renovation and beautification of Frenchy’s Oasis Motel on Clearwater Beach. Tab 4 - Page 23 4. Professional Expertise / Composition of the Design and Construction Team STEVEN L. KLAR, NCARB Principal Architect FLORIDA ARCHITECT REGISTRATION No. 11312 NCARB No. 40869 EDUCATION Bachelor of Architecture │ University of Minnesota, Minneapolis, MN PROFESSIONAL EXPERIENCE 1992-Present, Klar and Klar Architects, Inc. – Principal-in-charge │ Design through Construction Administration REGISTRATIONS & CERTIFICATIONS Registered as a Florida Architect (Registration No. 11312) | Certified by the National Council of Architectural Registration Boards (NCARB No. 40869) ASSOCIATIONS Board Member of the City of Clearwater Building and Flood Board of Adjustment and Appeals | Member Clearwater Regional Chamber of Commerce | Board Member of the Pinellas County Land Planning Agency | Board Member of the Pinellas County Economic Development (PCED) Council | Member of the Palm Harbor Chamber of Commerce PROJECT HIGHLIGHTS Sandpearl Resort & Spa Restaurant | 2,500 S.F. Renovation – Clearwater Beach, FL Klar & Klar Architects was responsible for the architectural design for an addition/renovation to the upper floor of The Sandpearl Resort. We converted an upper floor into a larger bar area and the lower floor as an addition to the existing kitchen. Frenchy’s Café │Clearwater Beach, FL Renovation and Addition to Existing Seafood Restaurant. Frenchy’s Saltwater Café │Clearwater Beach, FL Renovation and Addition to Existing Seafood Restaurant. Frenchy’s Rockaway Café │Clearwater Beach, FL Renovation and Addition to Beach Deck and Bar Facility. Ruth Eckerd Hall Murray Theatre | 1,200 S.F. Addition, 4,500 S.F. Renovation – Clearwater, FL A newly expanded and updated look for the existing smaller educational theatre which included new seating, floors, wall acoustical treatments, expanded lobby, new refreshment bar and new porto cochere. Homeless Emergency Project Service Facility | 2-story, 10,000 S.F. – Clearwater, FL This facility won the Business Beautification Recognition Award from the City of Clearwater and Clearwater Regional Chamber of Commerce. The building features a 31.1 kw photovoltaic system, energy efficiency HVAC, lighting control system, water efficient fixtures, recycled materials, and white “cool” roof and parking. Ruth Eckerd Hall West Lobby | 7,000 S.F. Addition, 10,000 S.F. Partial Renovation – Clearwater, FL The New Ruth Eckerd “Experience”. A complete new lobby and major renovation of the entire facility including upgrades to all building components and MEP systems. Palm Harbor Fire Station #65 │ 2-story, 22,000 S.F. – Palm Harbor, FL This project won the Award of Distinction for New Construction from the Horizon Awards. New fire station built to withstand category 4 winds, which is operational as an emergency response station. AWARDS Small Business of the Year Award Winner | 2012 Awarded by the Clearwater Regional Chamber of Commerce for outstanding business practices. Business Beautification Recognition Award | 2011 Awarded by the City of Clearwater and Clearwater Regional Chamber of Commerce for the design and construction of the Homeless Emergency Project (HEP) located in Clearwater. Beautification Award | 2010 Awarded by Clearwater Beach Chamber of Commerce for the renovation and beautification of Frenchy’s Oasis Motel on Clearwater Beach. Klar & Klar Architects Tab 4 - Page 24 4. Professional Expertise / Composition of the Design and Construction Team TIM KNOWLES, AIA, NCARB Project Architect FLORIDA ARCHITECT REGISTRATION No. 95673 NCARB No. 71412 EDUCATION Master of Architecture │ University of South Florida, Tampa, FL PROFESSIONAL EXPERIENCE 2002-Present, Klar and Klar Architects, Inc., Project Architect │ Design through Construction Administration CERTIFICATIONS Certified by the National Council of Architectural Registration Boards (NCARB) ASSOCIATIONS American Institute of Architects Tampa Bay │ Dunedin Rotary Club Member PROJECT HIGHLIGHTS Frenchy’s Rockaway Renovation │Clearwater Beach, FL Currently working on a new Renovation and Interior Design of Existing Restaurant and Bar. Sandpearl Resort & Spa Restaurant | 2,500 S.F. Renovation – Clearwater Beach, FL Klar & Klar Architects was responsible for the architectural design for an addition/renovation to the upper floor of The Sandpearl Resort. We converted an upper floor into a larger bar area and the lower floor as an addition to the existing kitchen. Ruth Eckerd Hall Murray Theatre | 1,200 S.F. Addition, 4,500 S.F. Renovation – Clearwater, FL A newly expanded and updated look for the existing smaller educational theatre which included new seating, floors, wall acoustical treatments, expanded lobby, new refreshment bar and new porto cochere. Frenchy’s Outpost │Dunedin, FL 5,800 S.F. Renovation of Existing Restaurant and Outside Tiki Bar. Frenchy’s Oasis Motel │Clearwater Beach, FL Renovation and Interior Design for a 15-Room, 2-Story 1960’s Motel. Winner of the 2010 Clearwater Beach Chamber Beautification Award. Clearwater Beach Hotel Design │Clearwater Beach, FL 64-room hotel in the Intracoastal waterway with amenities including a restaurant, pool, meeting rooms, and spa. Ruth Eckerd Hall West Lobby | 7,000 S.F. Addition, 10,000 S.F. Partial Renovation – Clearwater, FL The New Ruth Eckerd “Experience”. A complete new lobby and major renovation of the entire facility including upgrades to all building components and MEP systems. Homeless Emergency Project Service Facility | 2-story, 10,000 S.F. – Clearwater, FL This facility won the Business Beautification Recognition Award from the City of Clearwater and Clearwater Regional Chamber of Commerce, and is registered to be a minimum of LEED Gold. The building features a 31.1 kw photovoltaic system, energy efficiency HVAC, lighting control system, water efficient fixtures, recycled materials, and white “cool” roof and parking. Benedictine Sisters of Florida Monastery and Master Plan | 13,300 S.F. – St. Leo, FL Master Plan and New Chapel, Office, and Residence for Benedictine Sisters. Palm Harbor Fire Station #65 │ 2-story, 22,000 S.F. – Palm Harbor, FL This project won the Award of Distinction for New Construction from the Horizon Awards. New fire station built to withstand category 4 winds, which is operational as an emergency response station. Klar & Klar Architects Tab 4 - Page 25 4. Professional Expertise / Composition of the Design and Construction Team SUMMARY OF EXPERIENCE Mr. Pergolizzi has conducted numerous transportation studies and land development feasibility studies in the Tampa Bay area. These studies include site impact analyses, traffic engineering and traffic operations studies, travel time studies, parking studies, transportation analyses for DRI’s, roadway capacity analyses and alternative corridor/align- ment studies and impact fee studies. He also prepares signal warrant studies in accordance with MUTCD procedures and access permits in accordance with FDOT and local government regulations. Mr. Pergolizzi has also prepared reports to assess traffic impacts of amendments to the Long-Range Transportation Plan. He is familiar with the latest transportation software including Highway Capacity Software (HCS), and, SYNCHRO, He has also served as land use consultant and expert witness for various land use plan amendments, rezonings, con- ditional use, special exceptions, Development Agreements and variance hearings for Clients in the Tampa Bay area. SPECIFIC EXPERIENCE Land Use/Zoning/Conditional Use/Special Exception/Development Agreements • Lowe’s/Publix – Pinellas Park • Waterchase – Hillsborough County • Cypress Cove Townhomes – Hillsborough County • Oak Valley Townhomes – Hillsborough County • Walgreens – Pinellas County • Park Place Townhomes – Pinellas Park • St. Petersburg College EPICENTER – Largo • St. Petersburg College Health Education Center Expansion - Pinellas Park • Cumberland Trace Townhomes – Largo • Bay Isle Landings Townhomes – Pinellas County • Hidden Bayou Townhomes - Pinellas County/Largo • Skylark Plaza - Pinellas County • Palmbrooke Townhomes - Pinellas Park • Roosevelt Boulevard/ 62nd Street Commercial Site - Largo • St. Jerome Church – Pinellas County • Boulevard Apartments – Largo • Broadway on 66th Apartments – Largo • Pine Grove Community Church PUD – Pinellas Park • 60th Street PUD – Pinellas Park • Comprehensive Spine Institute - Clearwater Gulf Coast Consulting (civil) EDUCATION Master of City and Regional Planning, Rutgers University, 1987 Bachelor of Arts, Environmental and Urban Studies, Montclair State College, 1985 PROFESSIONAL REGISTRATION American Institute of Certified Planners #9023, 1991 Professional Transportation Planner #133, 2008 ROBERT C. PERGOLIZZI, AICP, PTP PRINCIPAL Tab 4 - Page 26 4. Professional Expertise / Composition of the Design and Construction Team Gulf Coast Consulting (civil) SEAN P. CASHEN, P.E., LEED AP PRINCIPAL SUMMARY OF EXPERIENCE Mr. Cashen offers over twenty-nine years of civil engineering experience and has been directly responsible for coor- dinating and managing numerous commercial, multi-family, residential and municipal projects. He has been involved with the design of stormwater management systems, sanitary sewer collection systems including master pump sta- tion system master planning and design, water distribution systems, roadway and intersection improvements design, and site grading of various projects. As Principal in Charge he is responsible for all aspects of site layout, design and construction plan and permitting submittal preparation. He is also responsible for formulating the overall master drainage methodology including all corresponding design elements. He has a thorough knowledge of hydraulics and stormwater management systems (design), storm sewer design, utility systems layout, environmental permitting and roadway/intersection design through exposure to numerous commercial, residential and public projects. He uses computer modeling techniques, systems analysis and site specific design criteria to produce an efficient innovative design to meet client goals and needs. He has worked closely with attorneys, architects, soils engineers, surveyors, environmental scientists, contractors and other professionals to achieve project goals and to monitor the project status and schedule. Mr. Cashen has extensive municipal, commercial, multi-family and residential land development experience and has provided professional consulting services on various successful projects in the Tampa Bay area and throughout Florida. B.S., Civil Engineering, University of Notre Dame, 1985 Commercial / Hotel / Mixed Use / Office Developments •Roosevelt Commons Office Park, Pinellas County Florida •Holiday Inn Express, Largo, Florida •Muvico Theater at Highwoods Preserve, Tampa, Florida •The Walk at Highwoods Preserve, Tampa, Florida •Comfort Suites on S.R. 60, Brandon, Florida •Melitta Office Complex at the ICOT Center, Pinellas County, Florida •Genca Office Complex at the ICOT Center, Pinellas County, Florida •Tadiran Office Complex at the ICOT Center, Pinellas County, Florida •Wescot Office Complex at the ICOT Center, Pinellas County, Florida •McCormick Office Center, Pinellas County, Florida •Harborside Office Center, Pinellas County, Florida •56th Street Office Park, Hillsborough County, Florida Commercial / Retail Development •Skylark Shopping Plaza, Clearwater, Florida •Shoppes at the Royale, St. Petersburg, Florida •CR 54 / I-75 Commercial Complex, Pasco County, Florida •Dayflower Road Commercial Complex, Pasco County, Florida •Gateway Boulevard Commercial Site, Pasco County, Florida •The Walk at Highwoods Preserve, Tampa, Florida •Kash N’ Karry at Sheldon & Linebaugh, Tampa, Florida •Heather Island Publix Shopping Center, Ocala, Florida •Publix Shopping Center at Brooker Creek, Pinellas County, Florida •Albertsons Plaza, Lee County, Florida •Albertsons Shopping Plaza at U.S. 41 and Williams Road, Lee County, Florida •Imperial Bonita Plaza, Bonita Springs, Florida •Albertsons Shopping Plaza at Bloomingdale and Provi- dence, Hillsborough County, Florida Tab 4 - Page 27 4. Professional Expertise / Composition of the Design and Construction Team TODD S. WILSON, P.E. Principal Mechanical Engineer Professional Engineer License Number: 46727 EDUCATION Bachelor of Science, Mechanical Engineer │ University of South Florida, Tampa, FL Associate of Arts, General Studies │ St. Petersburg College, Clearwater, FL PROFESSIONAL EXPERIENCE 2005-Present, Wilson & Girgenti, LLC, Safety Harbor, FL, President and Professional Engineer │ HVAC, Plumbing and Fire Protection Design, Inspection and Consulting Services │ Project Management │Cost Efficient Design and Management │Design through Construction Administration 1988-2005, Brady & Anglin Consulting Engineers, Tampa, FL, Mechanical Engineer, Department Head, Associate and Professional Engineer │ Mechanical Systems Design, Inspection and Consulting Services │ Project Management │ Design through Construction Administration 1987-1988, Prime Design, Inc., Tampa, FL, Professional Engineering Intern Mechanical Design and Drafting CERTIFICATION Certified Professional Engineer in the States of Florida, Tennessee and Virginia ASSOCIATIONS Florida Institute of Consulting Engineers │Florida Engineering Society │ American Council of Engineering Consultants │ Energy Star Licensed Professional │ American Society of Heating, Refrigerating and Air-Conditioning Engineers │ National Society of Professional Engineers PROJECT HIGHLIGHTS North Beach Parking Plaza │Clearwater Beach, FL Six-Story parking garage with retail space on the first floor. Ruth Eckerd Hall | Clearwater, FL 7,000 S.F. Addition and 10,000 S.F. Partial Renovation of Office, Theatre, Lobby, Conference Room, Ticket Office, and HVAC System Re-design. Park Place Office Building │167,000 S.F. – Clearwater, FL Six-Story, New Office Building The Haven │Tampa, FL Redesign of 7,500 S.F. restaurant in South Tampa. Noble Crust │St. Petersburg, FL Design of new 6,000 S.F. restaurant. Tilted Kilt │FL Completed two 10,000 S.F. restaurant designs within the past year. World of Beer Design and build-out of various World of Beer locations throughout the Country all of which include a kitchen. Wilson & Girgenti (MEP) Tab 4 - Page 28 4. Professional Expertise / Composition of the Design and Construction Team JOSEPH A. GIRGENTI, P.E. Principal Electrical Engineer Professional Engineer License Number: 68392 EDUCATION Bachelor of Science, Mechanical Engineer │ University of South Florida, Tampa, FL Associate’s Degree, General Studies │ University of Florida, Gainesville, FL Outstanding Graduate Award, College of Mechanical Engineering High School Diploma │ Jesuit High School, Tampa, FL Florida Academic Scholarship recipient; Scholar Athlete Award PROFESSIONAL EXPERIENCE 2005-Present, Wilson & Girgenti, LLC, Safety Harbor, FL, Vice-President and Professional Engineer │ Electrical, HVAC, Plumbing and Fire Protection Design, Inspection and Consulting Services │ Project Management │Cost Efficient Design and Management │Design through Construction Administration 2003-2005, Brady & Anglin Consulting Engineers, Tampa, FL, Mechanical Engineer, Electrical Design and Consulting Trained │ Electrical Systems Design, Inspection and Consulting Services │ Project Management │ Design through Construction Administration CERTIFICATION Certified Professional Engineer in the States of Florida and Tennessee ASSOCIATIONS Florida Institute of Consulting Engineers │Florida Engineering Society │ American Council of Engineering Consultants │National Society of Professional Engineers PROJECT HIGHLIGHTS North Beach Parking Plaza │Clearwater Beach, FL Six-Story parking garage with retail space on the first floor. Ruth Eckerd Hall | Clearwater, FL 7,000 S.F. Addition and 10,000 S.F. Partial Renovation of Office, Theatre, Lobby, Conference Room, Ticket Office, and HVAC System Re-design. Hubbard’s Marina, John’s Pass │Madeira Beach, FL Three-Story, 30,000 S.F. Base Building Design, Tenant/Interior Build Outs including Bubba Gump Shrimp Company Restaurant. The Haven │Tampa, FL Redesign of 7,500 S.F. restaurant in South Tampa. Noble Crust │St. Petersburg, FL Design of new 6,000 S.F. restaurant. Tilted Kilt │FL Completed two 10,000 S.F. restaurant designs within the past year. World of Beer Design and build-out of various World of Beer locations throughout the Country all of which include a kitchen. Wilson & Girgenti (MEP) Tab 4 - Page 29 4. Professional Expertise / Composition of the Design and Construction Team E. MICHAEL MCCARTHY, PE McCarthy and Associates, Inc.//Principal Mike McCarthy founded McCarthy and Associates, Inc. in May of 1985. He has completed over 200 restaurant projects in the past 30 years and over 100 projects on Clearwater Beach. He was a committee member for the American Society of Civil Engineers that rewrote the updates for the newly published ASCE 24-14 “Flood Resistant Design and Construction” National Standard. SELECT PROJECT EXPERIENCE Frenchy’s Rockaway Grill, Clearwater Beach, FL Currently under construction, our firm has provided the structural design for the renovation to the existing 1-story restaurant with Klar & Klar Architects. Opal Sand Hotel, 430 Gulfview Blvd, Clearwater Beach, FL New multi-story hotel with underground parking approximately 380,000 square feet currently under construction that includes guest rooms, pools, spa, ballroom, gym, tiki bar, and restaurant. Stillwaters Restaurant, Beach Drive, St. Petersburg, FL New one story 4,000 square feet restaurant with 817 additional square feet for cooler yards, coolers, entry steps, porch and ramp. Floor elevation is set at or above FEMA requirement, reinforced masonry walls, slab-on-gradeand spread footings foundation. Crabby Bill’s, Clearwater Beach, FL Investigation to inspect the structural integrity of a wall to create a 7’-8” opening completed in March 2007. Shepherd’s Beach Resort, Gulfview Blvd, Clearwater Beach, FL Our firm provided the structural services for the 2 beachfront tiki bars. Bahama Breeze Restaurants Provided structural services for 12 new restaurants throughout the United States. Boston Restaurant, Ocean Blvd, Delray Beach, FL Completed in 2012, renovation to a 10,000 square feet restauranton the east coast with construction of wood interior and block exterior. Also provided services for the addition. EDUCATION Bachelor of Architectural Engineering: Pennsylvania State University Special Studies: University of Leeds, England EXPERIENCE 36yearsstructural consultingexperience 1985 -Present: McCarthy and Associates, Inc. REGISTRATION Professional Engineer–Florida Special Building Inspector–Florida CERTIFICATION FAA Instrument Rated Pilot ASSOCIATIONS Structural Engineering Institute American Concrete Institute Pinellas County Licensing Board YMCA of the Suncoast Building And Grounds McCarthy and Associates, Inc. (structural) Tab 4 - Page 30 4. Professional Expertise / Composition of the Design and Construction Team Tab 4 - Page 31 4. Professional Expertise / Composition of the Design and Construction Team Learn more at www.klarklar.com Hotel Facilities Similar Projects Highlighted Project: Frenchy’s Oasis Motel Principal Architects: Roberta Klar Project Architect: Tim Knowles Klar & Klar Architects transformed this non-descript 1960's property into a retro-inspired "oasis" lo- cated on the intra-coastal. Our vision was to bring back the creative and colorful hotel style reminis- cent of earlier beach days. Klar and Klar Architects renovated and completed all the interior design work for this 15-room, 2-story motel on Clearwater Beach. Clearwater Beach Chamber of Commerce “Beautification Award” Frenchy’s Oasis Motel Project Cost $800,000 Project Completion Date 2011 Client Contact: Michael “Frenchy” Preston (727) 449-2729 1 Tab 4 - Page 32 4. Professional Expertise / Composition of the Design and Construction Team Similar Building Projects 1 Learn more at www.klarklar.com Highlighted Project: Homeless Emergency Project Facility HEP a new 10, 000 S.F. Office building. Designed to be integrated into the existing campus, this facility boasts a 30kw solar photovoltaic system and 'cool' roof. HEP received the "Business Beau- tification Recognition Award" by the City of Clearwater and Clearwater Regional Chamber of Com- Space Planning/ Design Size Cost 2– Story 10,000 S.F. Office building $2,500,000 Location Date Clearwater, FL 2009 Contact Lead Architect Barb Green (727) 442-9041 ext. 101 Steve Klar Tab 4 - Page 33 4. Professional Expertise / Composition of the Design and Construction Team Highlighted Project: Pierce 100 Condominiums Repair & Renovation 1 Learn more at www.klarklar.com Hotel Facilities Similar Projects Pierce 100 Condominiums Project Architect Steve Klar Project Cost $3,215,000 Client Contact Ed Parker Jr. (727) 585-2084 13-Story high rise luxury condo renovation on Clearwater Beach. Klar and Klar Architects worked with Biltmore Construction on this Design-Build Project. Tab 4 - Page 34 4. Professional Expertise / Composition of the Design and Construction Team Frenchy’s Rockaway Grill Clearwater Beach Tab 4 - Page 35 4. Professional Expertise / Composition of the Design and Construction Team Frenchy’s Saltwater Cafe Clearwater Beach Tab 4 - Page 36 4. Professional Expertise / Composition of the Design and Construction Team Sandpearl Resort Clearwater Beach Tab 4 - Page 37 4. Professional Expertise / Composition of the Design and Construction Team Frank Robert Chivas, age sixty-two, is married to Jayme Chivas. They have five children and seven grandchildren. He has been a Pinellas County resident for forty-seven years. Through the years Mr. Chivas has owned and operated several businesses, which include, Direct Seafoods since 1972, Sea-Haul Southeast 1986, Salt Rock Grill 1996, Rumba Island Bar & Grill Clearwater 2002, Island Way Grill 2000, Marlin Darlin Key West Grill 2005, Rumba Island Bar & Grill Oldsmar 2011, Salt Rock Tavern 2012 with Island Way Grill winning large business of the year award in 2005 from the Clearwater Regional Chamber Of Commerce. Coming in 2015 is his newest project reno- vating the city’s Clearwater Marina into his 7th restaurant, Marina Cantina. Mr. Chivas has also supported and been associated with numerous Charities such as: • YMCA, Clearwater for Youth, Abilities Foundation • Ruth Eckerd Hall • Hospice of the Florida Suncoast • All Children’s Hospital, Make a Difference • Make A Wish Foundation • UPARC – “Festival of Trees”, • Help A Child Network • America Cancer Society • Suncoast Hospital • Children’s Cancer Center • Bayfront Hospital • St. Brendan’s Church. Mr. Chivas is on the Board of Directors of the following organizations: • Chi Chi Rodriguez Foundation • Clearwater Marine Aquarium • Clearwater • Community Sailing Center • Clearwater 4 Youth • Pinellas Education Foundation • Mike Alstott Family Foundation • Morton Plant Hospital “Skip Kline Leadership Foundation”. Mr. Chivas has been a generous contributor to the following foundations and organizations: Boys & Girls Club, Clear- water Free Clinic, Family Resources, Ryan Wells Foundation, Chris Thomas Foundation and Charity Works. In 2004 he was recipient of the Frederick E. Fisher Humanitarian Award from Clearwater 4 Youth. That same year he received the “Key” to the City of Clearwater from Mayor Brian J. Aungst for his outstanding philanthropic service to the Clearwater Community. In 2005 he had the honor of receiv- ing the Volunteer of the Year award from the Pediatric Cancer Foundation and in 2008 was recipient of the Chi Chi Rodriguez Foundation Humanitarian award. In 2008 & 2009 he received Tourism Person of the year award from the Clearwater Regional Chamber of Commerce and in 2014 the Frank T. Hurley Tourism Person of the Year. 2015 Re- ceived “Mr. Clearwater” from Clearwater Regional Chamber of Commerce. Frank Chivas3. Consultants Tab 5 - Page 1 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Financial Feasibility Narrative We have prepared 4 Cash Flow Projections. The following are the key assumptions used in preparing the projections. In addition to the cash flow projections, we have included a summary of our 2013 & 2014 actual results from the ex- isting Crabby Bill’s at this location. It is important to note that our existing location has 270 seats (7,100 SQFT), while the square footage requirement in the RFP will only provide for 200 seats (5,894 SQFT). We estimate this reduction in seats will reduce our income by 26% from 2014 levels. If we are fortunate to win the RFP, we would try to work with the City to increase the proposed square feet to remain at 270 seats. We have provided a cash flow analysis for both 200 and 270 seats as well as a computation of rent (Compensation to the City) under both scenarios. Assumptions Common in all Projections • Sales, Cost of Sales, Wages and Expenses are based on our actual 2014 results. • Distributions to owners are determined after an analysis of available cash and future reserve needs. The percentage of owner’s distribution of available cash is based on our historical results. The percentage used is noted for each projection. • No reliance on borrowing, we plan on using our cash reserves to fully fund the project • Assumes a building cost of $1.7M, Furnishings of $250K and Pre-opening Costs of $75K. • Cash reserves / spending for Capital Improvements = $525,000 over 10 years. • Year 1 revenues are based on 2014 actual Projection 1: • Assumes 200 Seats Available (Down from existing 270) • Year 1 revenues are based on 2014 actual, reduced by 26% for seat loss. • Assumes revenues will increase by 4% per year, which is conservative based on the past 10 years. Projection 2: • Assumes 270 Seats Available (Based on our Existing Size) • Revenues will increase by 4% per year, which is conservative based on the past 10 years. • The larger building will require up to $300K in additional cost. This would be funded by reserving additional undistributed funds (funds currently on hand) Projection 3: • Assumes 200 Seats Available (Down from existing 270) • Assumes revenues will not increase or decrease over the next 10 years. Projection 4: • Assumes 200 Seats Available (Down from existing 270) • Assumes revenue growth will fluctuate as indicated on the projection. 1. Financial Feasibility Tab 5 - Page 2 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Clearwater Beach Seafood Proposed New Location Operations Tab 5.1 - Financial Feasibility ACTUAL ACTUAL 2013 2014 Sales: Food 4,949,933 79.3%5,669,997 78.9%4,199,998 78.9%5,669,997 78.9% Beverage 1,130,352 18.1%1,408,288 19.6%1,043,176 19.6%1,408,288 19.6% Other 158,036 2.5%109,141 1.5%80,845 1.5%109,141 1.5% Total Sales 6,238,321 100.0%7,187,426 100.0%5,324,019 100.0%7,187,426 100.0% Cost of Sales:Note 1 Note 1 Food 1,791,680 36.2%2,134,262 37.6%1,580,935 37.6%2,134,262 37.6% Beverage 285,855 25.3%330,413 23.5%244,750 23.5%330,413 23.5% Other 71,604 45.3%55,816 51.1%41,345 51.1%55,816 51.1% Total Cost of Sales 2,149,139 2,520,491 1,867,030 2,520,491 Gross Profit 4,089,182 4,666,935 3,456,989 4,666,935 Salaries & Wages 1,617,040 25.9%1,728,434 24.0%1,386,802 26.0%1,728,434 24.0% Rent 120,755 1.9%123,883 1.7%223,298 4.2%272,250 3.8% Property Taxes 5,506 0.1%5,654 0.1%31,450 0.6%31,450 0.4% Equipment Rental 13,146 0.2%11,663 0.2%10,000 0.2%10,000 0.1% Operating Expenses 356,044 5.7%381,520 5.3%282,607 5.3%381,520 5.3% Marketing and PR 49,117 0.8%56,498 0.8%64,973 1.2%56,498 0.8% Utilities 190,070 3.0%200,284 2.8%148,359 2.8%200,284 2.8% Admin & General 544,050 8.7%589,401 8.2%514,865 9.7%589,401 8.2% Repair & Maintenance 109,700 1.8%62,107 0.9%24,709 0.5%24,709 0.3% Total Expenses 3,005,428 3,159,444 2,687,063 3,294,546 Total Operating Income 1,083,754 17%1,507,491 21%769,926 14%1,372,389 19% Note 1 - Cost of Sales percentages are a percentage of their respective income category, not a percentage of total Sales. Note 2 - The RFP inicates that the new building will have less squarefeet, our architect estimates this will result in a 70 seat reduction and an overal decrease in revenue. Expected Revenue Decrease -25.93% Note 3 - Year 1 is based off of 2014 Actual Results Note 1, 2 & 3 EXISTING LOCATION 270 SEATS PROPOSED Year 1 PROPOSED Year 1 Note 1, 2 & 3 Maintain 270 SeatsRFP SQFT 200 Seats Tab 5 - Page 3 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Crabby Bill's Cash Flow Analysis See Cash Flow Analysis Narrative Tab 5.1 Projection 1 - Based on Proposed RFP 200 Seat Location & 4% annual sales increase Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Beginning Cash 2,500,000 Cash Used for Construction Building and Demolition Costs (1,700,000) Furnishings and Fixtures (250,000) Pre-opening and marketing costs (75,000) Operating Cash 475,000 532,744 571,269 590,882 616,908 599,683 639,561 686,910 742,115 805,579 Cash from operating activities Total Sales 5,324,019 5,533,746 5,751,862 5,978,703 6,214,617 6,459,968 6,715,133 6,980,505 7,256,491 7,543,517 Less Cost of Sales (1,867,030) (1,940,578) (2,017,067) (2,096,615) (2,179,346) (2,265,386) (2,354,867) (2,447,928) (2,544,711) (2,645,365) Net Profit 3,456,989 3,593,169 3,734,796 3,882,088 4,035,271 4,194,583 4,360,266 4,532,577 4,711,780 4,898,152 Base Rent (136,213) (138,937) (141,715) (144,550) (147,441) (150,390) (153,397) (156,465) (159,595) (162,787) Additional Rent (9% LBW > 120K)(83,086) (86,841) (90,747) (94,809) (99,033) (103,427) (107,996) (112,747) (117,689) (122,829) Additional Rent (2% Food > 4M)(4,000) (7,360) (10,854) (14,489) (18,268) (22,199) (26,287) (30,538) (34,960) (39,558) Other Expenses (2,463,764) (2,513,040) (2,563,300) (2,614,566) (2,666,858) (2,720,195) (2,774,599) (2,830,091) (2,886,693) (2,944,426) Net Income (Increase in Cash)769,926 846,991 928,178 1,013,674 1,103,672 1,198,373 1,297,988 1,402,735 1,512,844 1,628,552 Cash used in investment activities Distributions to Owners (92.5%)(712,182) (783,467) (858,565) (937,649) (1,020,896) (1,108,495) (1,200,638) (1,297,530) (1,399,381) (1,506,410) Cash used / reserved for capital improvments (25,000) (50,000) (50,000) (100,000) (50,000) (50,000) (50,000) (50,000) (100,000) Increase in cash reserves 57,744 38,524 19,613 26,026 (17,225) 39,878 47,349 55,205 63,463 22,141 Ending Operating Cash 532,744 571,269 590,882 616,908 599,683 639,561 686,910 742,115 805,579 827,720 Projection 2 - Based on Existing 270 Seat Location, 4% annual sales increase Beginning Cash 2,630,000 Cash Used for Construction Building and Demolition Costs (1,950,000) Furnishings and Fixtures (250,000) Pre-opening and marketing costs (75,000) Operating Cash 355,000 457,929 544,208 614,266 693,549 732,525 831,682 941,529 1,062,597 1,195,443 Cash from operating activities Total Sales 7,187,426 7,470,557 7,765,014 8,071,249 8,389,733 8,720,957 9,065,430 9,423,681 9,796,263 10,183,748 Less Cost of Sales (2,520,491) (2,619,780) (2,723,040) (2,830,431) (2,942,117) (3,058,271) (3,179,070) (3,304,702) (3,435,359) (3,571,243) Net Profit 4,666,935 4,850,778 5,041,974 5,240,818 5,447,616 5,662,686 5,886,359 6,118,979 6,360,903 6,612,505 Base Rent (122,904) (125,362) (127,869) (130,427) (133,035) (135,696) (138,410) (141,178) (144,002) (146,882) Additional Rent (9% LBW > 120K)(115,946) (121,016) (126,288) (131,772) (137,475) (143,406) (149,574) (155,989) (162,661) (169,599) Additional Rent (2% Food > 4M)(33,400) (37,936) (42,653) (47,560) (52,662) (57,968) (63,487) (69,227) (75,196) (81,403) Other Expenses (3,022,296) (3,082,742) (3,144,397) (3,207,285) (3,271,431) (3,336,859) (3,403,596) (3,471,668) (3,541,102) (3,611,924) Net Income (Increase in Cash)1,372,389 1,483,722 1,600,766 1,723,775 1,853,014 1,988,757 2,131,292 2,280,917 2,437,944 2,602,697 Cash used in investment activities Distributions to Owners (92.5%)(1,269,460) (1,372,443) (1,480,709) (1,594,492) (1,714,038) (1,839,600) (1,971,445) (2,109,848) (2,255,098) (2,407,495) Cash used for capital improvments (25,000) (50,000) (50,000) (100,000) (50,000) (50,000) (50,000) (50,000) (100,000) Increase in cash reserves 102,929 86,279 70,057 79,283 38,976 99,157 109,847 121,069 132,846 95,202 Ending Cash 457,929 544,208 614,266 693,549 732,525 831,682 941,529 1,062,597 1,195,443 1,290,645 Tab 5 - Page 4 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Projection 3 - Based on Proposed RFP 200 Seat Location, FLAT sales forecast Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Beginning Cash 2,500,000 Cash Used for Construction Building and Demolition Costs (1,700,000) Furnishings and Fixtures (250,000) Pre-opening and marketing costs (75,000) Operating Cash 475,000 532,744 561,589 561,456 557,265 498,935 486,384 469,527 448,278 422,549 Cash from operating activities Total Sales 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 5,324,019 Less Cost of Sales (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) (1,867,030) Net Profit 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 3,456,989 Base Rent (136,213) (138,937) (141,715) (144,550) (147,441) (150,390) (153,397) (156,465) (159,595) (162,787) Additional Rent (9% LBW > 120K)(83,086) (83,086) (83,086) (83,086) (83,086) (83,086) (83,086) (83,086) (83,086) (83,086) Additional Rent (2% Food > 4M)(4,000) (4,000) (4,000) (4,000) (4,000) (4,000) (4,000) (4,000) (4,000) (4,000) Other Expenses (2,463,764) (2,513,040) (2,563,300) (2,614,566) (2,666,858) (2,720,195) (2,774,599) (2,830,091) (2,886,693) (2,944,426) Net Income (Increase in Cash)769,926 717,927 664,887 610,787 555,605 499,319 441,907 383,347 323,616 262,690 Cash used in investment activities Distributions to Owners (92.5%)(712,182) (664,082) (615,021) (564,978) (513,934) (461,870) (408,764) (354,596) (299,345) (242,988) Cash used for capital improvments (25,000) (50,000) (50,000) (100,000) (50,000) (50,000) (50,000) (50,000) (100,000) Increase in cash reserves 57,744 28,845 (133) (4,191) (58,330) (12,551) (16,857) (21,249) (25,729) (80,298) Ending Cash 532,744 561,589 561,456 557,265 498,935 486,384 469,527 448,278 422,549 342,251 Projection 4 - Based on Proposed RFP 200 Seat Location, variable sales decrease / increases Sales increase (decrease) %-7%-2%3%1%0%-3%-2%0%2% Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Beginning Cash 2,500,000 Cash Used for Construction Building and Demolition Costs (1,700,000) Furnishings and Fixtures (250,000) Pre-opening and marketing costs (75,000) Operating Cash 475,000 571,241 607,514 604,460 605,958 554,443 545,892 518,395 475,965 426,069 Cash from operating activities Total Sales 5,324,019 4,956,997 4,859,474 5,002,833 5,052,053 5,052,053 4,902,917 4,806,475 4,806,475 4,900,988 Less Cost of Sales (1,867,030) (1,738,323) (1,704,123) (1,754,397) (1,771,657) (1,771,657) (1,719,358) (1,685,538) (1,685,538) (1,718,681) Net Profit 3,456,989 3,218,674 3,155,351 3,248,436 3,280,396 3,280,396 3,183,559 3,120,937 3,120,937 3,182,306 Base Rent (136,213) (138,937) (141,715) (144,550) (147,441) (150,390) (153,397) (156,465) (159,595) (162,787) Additional Rent (9% LBW > 120K)(83,086) (76,514) (74,768) (77,335) (78,216) (78,216) (75,545) (73,819) (73,819) (75,511) Additional Rent (2% Food > 4M)(4,000) - - - - - - - - - Other Expenses (2,463,764) (2,513,040) (2,563,300) (2,614,566) (2,666,858) (2,720,195) (2,774,599) (2,830,091) (2,886,693) (2,944,426) Net Income (Increase in Cash)769,926 490,184 375,567 411,986 387,881 331,595 180,017 60,563 832 (418) Cash used in investment activities Distributions to Owners (87.5%)(673,685) (428,911) (328,621) (360,487) (339,396) (290,146) (157,515) (52,992) (728) 365 Cash used for capital improvments (25,000) (50,000) (50,000) (100,000) (50,000) (50,000) (50,000) (50,000) (100,000) Increase in cash reserves 96,241 36,273 (3,054) 1,498 (51,515) (8,551) (27,498) (42,430) (49,896) (100,052) Ending Cash 571,241 607,514 604,460 605,958 554,443 545,892 518,395 475,965 426,069 326,017 Tab 5 - Page 5 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. 1. Financial Capacity For 15 years we have operated the Crabby Bill’s at this location. We have a proven track record of success at this loca- tion and over the past years have reserved funds for an anticipated new building. We have clearly demonstrated our credit worthiness as a tenant. We have placed $1,800,000 from our current money market account into an Escrow account that is reserved specifically for this project to ensure the completion of this project and plan on using no debt for the proposed construction and improvements to the city’s land. In addition to the project funds, we have reserved $375,000 for any additional furnishings, opening costs and unexpected expenditures. We also will open with a projected working capital reserve of $325,000. It has been our practice for many years to maintain a working capital reserve of $325,000 at this location. All of which funds being carefully calculated and re- served for in anticipation of providing the City of Clearwater and Crabby Bill’s with a new building. These funds are currently in our operating accounts with Iberia Bank. In all of our previous projects, we have elected not to use institutional debt to finance construction or operations. For each location, we calculate what funds are needed and raise the working capital from equity investments by our owners, which is a much more conservative capital structure. We will not need financing for this project, as we are more than adequately capitalized / funded to cover the anticipated project costs. We are enclosing evidence of our financial ability via a letter from Susan Martinez with Iberia Bank. In addition, we are enclosing three references, who have provided funding and a fourth reference from an institutional lender. We believe that this is a testament to our financial success and our conservative fiscal management. In lieu of providing information in 2.i through 2.v, we are electing to comply with 2.vi “Alternative Financial Capacity Provision”. In the interest of simplicity, we have opted to provide evidence of an escrow restricted account with $1,800,000 to carry out the proposed construction project. Enclosed is a copy of the escrow agreement with Iberia Bank acknowl- edging the funds are in the account and how the use of the funds will be reported on a monthly basis. If the total project cost exceeds the $1,800,000 held in escrow and the additional $375,000 reserve, our owners are prepared to contribute the funds necessary to complete the project. Tab 5 - Page 6 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 7 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 8 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 9 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 10 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 11 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. Tab 5 - Page 12 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. 3. Demolition and New Building Infrastructure Costs. JOB TITLE:DATE: JOB LOCATION:SQFT:(+/-5900 Usable sqft)ESTIMATE TITLE:DURATION:8 MONTHS=====================================================================================================================================UNITTTLUNITTTLUNIT TOTALDESCRIPTIONQUANUNTLABLABMAT'LMAT'LSUBSUB TOTAL$/SF % TTL===================================================================================================================================== Site Work 02050 Maintenance of Traffic 1lsum - - 750 750 750 $0.080.0%02050 Clearing & Grubbing sqyd - - in earthwork- - $0.000.0% 02200 Earthwork - Cut & Balance Existing Site 1lsum - - 7,500 7,500 7,500 $0.750.4% 02201 Stormwater Utilities 1lsum - - 10,000 10,000 10,000 $1.000.6% 02201 Storm Sewer - R.C.P.lnft - - in storm - - $0.000.0% 02201 Catch Basins each - - in storm - - $0.000.0%02201 Tie into City Storm Drainage each - - in storm - - $0.000.0%02201 Road Repair @ Tie-ins 1each - - 2,500 2,500 2,500 $0.250.1%02201 Roof Drain Collection System 1allowance - - 5,500 5,500 5,500 $0.550.3%02201 Storm Sewer - HDPE 15"lnft - - in storm - - $0.000.0%02201 Tie into Storm Drains each - - in storm - - $0.000.0%02201 Sanitary Utilities 1lsum - - 5,500 5,500 5,500 $0.550.3%02201 Sanitary Sewer - Core Existing Manhole each - - in san - - $0.000.0%02201 Sanitary Sewer - PVC 6"lnft - - in san - - $0.000.0% 02201 Sanitary Sewer - Testing lsum - - in san - - $0.000.0% 02201 Potable & Fire Water Utilities 1lsum - - 5,500 5,500 5,500 $0.550.3% 02201 Domestic Water - 2" PVC lnft - - in water - - $0.000.0% 02201 Fire Water - 6" PVC lnft - - in water - - $0.000.0%02201 Water Utilities - Testing lsum - - in water - - $0.000.0%02201 Grease Trap - 1250 gl each - - in plumbing- - $0.000.0%02511Patching Existing Asphalt 1lsum - - 5,500 5,500 5,500 $0.550.3%02931Tree Barricades lnft - - n/a - - $0.000.0%02932Temporary Construction Entrance 1lsum - - 15001,500 1,500 $0.150.1%02933Silt Fencing 800lnft - - 2.251,800 1,800 $0.180.1%02937Termite Treatment 1340sqft - 0.25335 - 335 $0.030.0%Site Work Subtotal 46,385 $4.64 2.7% Demolition 02000 Building Demolition 1lsum - - 3000030,000 30,000 $3.001.8%02550 Asbestos Abatement 1lsum - - 1000010,000 10,000 $1.000.6%02550 Asbestos Survey lsum - - by owner - - $0.000.0% 02550 Temporary Protection of Existing Conditions1allowance - - 15001,500 1,500 $0.150.1%Demolition Subtotal 41,500 $4.15 2.5% Piling 02950 Pilings 1lsum - - 3500035,000 35,000 $3.502.1%02950 Load Test Pile 1each - - 75007,500 7,500 $0.750.4%02950 Layout 1each - - 20002,000 2,000 $0.200.1%Landscaping & Irrigation Subtotal 44,500 $4.45 2.6% Landscaping & Irrigation 02950 Landscaping 1allowance - - 2000020,000 20,000 $2.001.2%02950 Irrigation System sqft - - incl - - $0.000.0%02950 Sod lsum - - incl - - $0.000.0% Landscaping & Irrigation Subtotal 20,000 $2.00 1.2% Fencing 02850 Stl. CL Gate 4/0 x 6/0 - PVC Coat/Pr Slats each - - n/a - - $0.000.0%02850 Chain Link Fencing lnft - - n/a - - $0.000.0%Fencing Subtotal - $0.00 0.0% Concrete 03300 Concrete SOG and Foundations 1340sqft - - 1114,740 14,740 $1.480.9%03303 Concrete / tie Beams 9990sqft - - 769,930 69,930 $7.004.1%03303 Concrete for Entry Column Feature 1ea - - n/a - - $0.000.0% 03303 Hollow Core / Topping 3405sf - - 5.518,728 18,728 $1.871.1% 03303 Stairs 12flght - - 500060,000 60,000 $6.013.5% 03303 Exter Walks / Ramps 850sqft - - 5.54,675 4,675 $0.470.3% 03303 Concrete Housekeeping Pads 1lsum - - 750750 750 $0.080.0%Concrete Subtotal 168,823 $16.90 10.0% Masonry 04220 Masonry Walls 13235sqft - - 7.599,263 99,263 $9.945.9% 04220 Dumpster Enclosures lsum - - existing - - $0.000.0%Masonry Subtotal 99,263 $9.94 5.9% Structural Steel 05400 Steel For Canopies Sunshades 1lsum - - 75007,500 7,500 $0.750.4% 05400 Steel Touch Up 1lsum - - 15001,500 1,500 $0.150.1%Structural Steel Subtotal 9,000 $0.90 0.5% Miscellaneous Steel 05500 Railings @ Stairs 384lnft - - 5521,120 21,120 $2.111.2%05500 Elevator Pit Ladder/Sill Angles 2ea - - 5001,000 1,000 $0.100.1%Miscellaneous Steel Subtotal 22,120 $2.21 1.3% Rough Carpentry 06100 Roof Blocking 470lnft - - 3.51,645 1,645 $0.160.1%06101 Interior Wood Blocking 1lsum - - 35003,500 3,500 $0.350.2%06101 Decorative Wood Screen Walls 10'80lnft - - 856,800 6,800 $0.680.4%06101 Wood Railing / Screening @ 1st flr Bar 75lnft - - 705,250 5,250 $0.530.3%06102 Inter Wood Walls 280sqft - - 102,800 2,800 $0.280.2%Rough Carpentry Subtotal 19,995 $2.00 1.2% Conceptual Budget Crabby Bills June 3,20159,990 Clw Beach \\clwdc\users\ESTIMATING\CURRENT PROJECTS\crabby bills\budgetTemplate Version 032613 1 of 4 Tab 5 - Page 13 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. JOB TITLE:DATE: JOB LOCATION:SQFT:(+/-5900 Usable sqft) ESTIMATE TITLE:DURATION:8 MONTHS===================================================================================================================================== UNITTTLUNITTTLUNIT TOTAL DESCRIPTION QUANUNTLABLABMAT'LMAT'LSUBSUB TOTAL$/SF % TTL===================================================================================================================================== Conceptual Budget Crabby Bills June 3,2015 9,990 Clw Beach Finish Carpentry 06104 Bar Millwork Cabinets 102lnft - - 27528,050 28,050 $2.811.7%06104 Bar Millwork Tops 255sqft - - 5514,025 14,025 $1.400.8%06104 Foot Rails 102lnft - - 151,530 1,530 $0.150.1%06104 Hostess Stand 2ea - - 300600 600 $0.060.0%06104 Built In Benches / Tables 16ea - - 110017,600 17,600 $1.761.0%06104 Server Station 17lnft - - 2003,400 3,400 $0.340.2%06104 Shelving 1lsum - - 25002,500 2,500 $0.250.1%Finish Carpentry Subtotal 67,705 $6.78 4.0% Building Insulation 07111 Batt Insulation drywall)sqft - - in drywall - - $0.000.0% 07111 Roof Insulation sqft - - in roof - - $0.000.0%Building Insulation Subtotal - $0.00 0.0% Waterproofing 07111 Elevator Pit 2each - - 22004,400 4,400 $0.440.3% 07111 Under slab @ 1st Floor 3400sqft - - 2.58,500 8,500 $0.850.5% 07111 Deck Traffic Coating 2480sqft - - 2.56,200 6,200 $0.620.4% 07111 Misc Joint Waterproofing 1lsum - - 25002,500 2,500 $0.250.1%Waterproofing Subtotal 21,600 $2.16 1.3% Roofing 07500 Canvas Roof Canopies 1lsum - - 2800028,000 28,000 $2.801.7%07500 Membrane Roofing 2240sqft - - 10.523,520 23,520 $2.351.4%07500 LWIC 2240sqft - - 3.57,840 7,840 $0.780.5%07500 Gutters / Downspouts lnft - - in roof - - $0.000.0%07500 Flashing & Trim lnft - - in roof - - $0.000.0%07500 Overflow Scuppers each - - in roof - - $0.000.0%Roofing Subtotal 59,360 $5.94 3.5% Firestopping & Joint Sealants 07900 Misc Caulking 1 lsum - - 35003,500 3,500 $0.350.2% 3,500 $0.35 0.2% Doors, Frames & Hdwre 08111 HM Frame 3070 8each - 1751,400 - 1,400 $0.140.1%08111 HM Door 3070 4each - 3251,300 - 1,300 $0.130.1%08111 Custom Front Door / Hardware 1lsum - - n/a - - $0.000.0% 08111 Wood doors 4Drs - 2751,100 - 1,100 $0.110.1% 08112 Door Labor 8lsum - - 1851,480 1,480 $0.150.1% 08700 Finish Hardware 8sets - 2802,240 - 2,240 $0.220.1% Doors, Frames & Hdwre Subtotal 7,520 $0.75 0.4% Glass 08800 Aluminum Storefront - Impact 960sqft - - 6259,520 59,520 $5.96 3.5%08800 Storefront Doors - Impact w/ Hdwr 1each - - 18501,850 1,850 $0.190.1%08800 Handrails 150lnft - - 9013,500 13,500 $1.350.8% 08800 Punched Opening windows 40sqft - - 552,200 2,200 $0.220.1%Glass Subtotal 77,070 $7.71 4.6% Drywall & Metal Framing 09100 Framing/Drywall/Insulation Package 110lnft - - 727,920 7,920 $0.790.5%09100 Drywall Ceilings 1lsum - - n/a - - $0.000.0%Drywall & Metal Framing Subtotal 7,920 $0.79 0.5% Stucco 09222 Stucco @ South / West Elev 650sqft - - 4.52,925 2,925 $0.290.2%09222 Stucco @ Nouth / Eest Elev 4500sqft - - 4.520,250 20,250 $2.031.2%Stucco Subtotal 23,175 $2.32 1.4% Ceramic & Porcelain Tile 09649Porcelain Tile @ Bat Walls 5' high 450 sqft - - 6.753,038 3,038 $0.30 0.2% 09649Tile on Exterior Features 2669 sqft - - n/a - - $0.00 0.0% Ceramic & Porcelain Tile Subtotal 3,038 $0.30 0.2% Acoustical Ceilings 09500 ACT @ Kitchen 2440sqft - - 3.257,930 7,930 $0.790.5%Acoustical Ceiling Subtotal 7,930 $0.79 0.5% Flooring 09651Carpet / VCT 1lsum - - n/a - - $0.00 0.0%09651Stained Concrete Floors 9990sqft - - 1.514,985 14,985 $1.50 0.9%09651Epoxy Flooring Kitchen 1200sqft - - n/a - - $0.00 0.0%Flooring Subtotal 14,985 $1.50 0.9% Painting 0.0% 09900 Painting 9990sqft - - 2.7527,473 27,473 $2.751.6% 09900 Exterior Painting 1sqft - - incl - - $0.000.0% 09900 Interior Painting 1sqft - - incl - - $0.000.0% 09900 HM Doors 1each - - incl - - $0.000.0% 09900 Railings 1lnft - - incl - - $0.000.0%09901 Sealed Concrete 1lsum - - 500500 500 $0.050.0%Painting Subtotal 27,973 $2.80 1.7% Firestopping & Joint Sealants Subtotal \\clwdc\users\ESTIMATING\CURRENT PROJECTS\crabby bills\budgetTemplate Version 032613 2 of 4 Tab 5 - Page 14 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. JOB TITLE:DATE: JOB LOCATION:SQFT:(+/-5900 Usable sqft) ESTIMATE TITLE:DURATION:8 MONTHS=====================================================================================================================================UNITTTLUNITTTLUNIT TOTALDESCRIPTIONQUANUNTLABLABMAT'LMAT'LSUBSUB TOTAL$/SF % TTL===================================================================================================================================== Conceptual Budget Crabby Bills June 3,2015 9,990 Clw Beach Specialties 10100 Restroom Accessories Package 2each - - 15003,000 3,000 $0.300.2%10100 FE's/Cabinets 5each - - 175875 875 $0.090.1% 10100 ADA Signs 8each - - 50400 400 $0.040.0% 10100 Exterior Signage 1allow - - by onwer - - $0.000.0% 10100 Toilet / Urinal Partition 1lsum - - n/a - - $0.000.0%Specialties Subtotal 4,275 $0.43 0.3% Elevators 0.0% 10100 Public Elevator 3stop - - 1950058,500 58,500 $5.863.5% 10100 Service Elevator 2stop - - 1150023,000 23,000 $2.301.4%Elevator Subtotal 81,500 $8.16 4.8% Food Service Equipment 11100 Food Service Equipment /Bar Equip 1lsum - - 200000200,000 200,000 $20.0211.8%Food Service Equipment Subtotal 200,000 $20.02 11.8% Fire Protection 15300 Fire Protection 9990sqft - - 2.7527,473 27,473 $2.751.6%Fire Protection Subtotal 27,473 $2.75 1.6% Plumbing 15400 Plumbing Pkg Complete 9990sqft - - 5.2552,448 52,448 $5.253.1%15400 Sanitary Waste & Vent lsum - - in plumb - - $0.000.0%15400 Storm Piping lsum - - in plumb - - $0.000.0% 15400 Domestic Water Piping lsum - - in plumb - - $0.000.0% 15400 Gas Piping lsum - - in plumb - - $0.000.0% 15400 Fixture Package lsum - - in plumb - - $0.000.0%15400 Grease Trap 1each - - 75007,500 7,500 $0.750.4%15400 Insulation lsum - - in plumb - - $0.000.0%15400 Water Heater Support Stands lsum - - in plumb - - $0.000.0%15400 Water Treatment lsum - - in plumb - - $0.000.0%15400 Fire Safing & Identification lsum - - in plumb - - $0.000.0%15400 Kitchen Hook ups 1lsum - - 35003,500 3,500 $0.350.2%Plumbing Subtotal 63,448 $6.35 3.7% HVAC 15000 HVAC Package Complete 3405sqft - - 12.50 42,563 42,563 $4.262.5%15000 Roof Exhaust Fans / Vents 1lsum - - in hvac - - $0.000.0% 15000 Kitchen Hood / Fans Labor only 1lsum - in kitch equip- 35003,500 3,500 $0.350.2% 15000 Vibration Isolation 1lsum - - in hvac - - $0.000.0%15000 Condensate Piping 1lsum - - in hvac - - $0.000.0%15000 Refrigerant Piping 1lsum - - in hvac - - $0.000.0%15000 Duct Work 1lsum - - in hvac - - $0.000.0%15000 Air Distribution 1lsum - - in hvac - - $0.000.0%15000 Dampers / Air Flow Monitoring Sts 1lsum - - in hvac - - $0.000.0%15000 Louvers 1lsum - - in hvac - - $0.000.0% 10200 DDC controls 1lsum - - in hvac - - $0.000.0% 15000 Fire Safing / Identification 1lsum - - in hvac - - $0.000.0% 15000 Insulation 1lsum - - in hvac - - $0.000.0%15000 Test & Balance lsum - - in hvac - - $0.000.0%HVAC Subtotal 46,063 $4.61 2.7% Electrical 16000 Electrical - Pkg Complete 9990sqft - - 12 119,880 119,880 $12.007.1%16000 Switchgear & Distribution 1lsum - - in elect - - $0.000.0%16000 Light Fixture Package 1lsum - - in elect - - $0.000.0%16000 Receptacles / Power Devices 1lsum - - in elect - - $0.000.0%16000 Ceiling Fans 12ea - - 475 5,700 5,700 $0.570.3%16000 A/V Systems 1lsum - - in elect - - $0.000.0%16000 Paging System 1lsum - - in elect - - $0.000.0% 16000 Lightning Protection 1lsum - - none - - $0.000.0% 16000 Security / Access Control 1lsum - - By Owner - - $0.000.0%16000 Fire Alarm System lsum - - in elect - - $0.000.0%Electrical Subtotal 125,580 $12.57 7.4% Surveying & Material Testing18500Surveying 1lsum - - 35003,500 3,500 $0.350.2%18500 GPR 1days - - 18001,800 1,800 $0.180.1%18500 Material Testing 1lsum - - by owner - - $0.000.0%Surveying & Material Testing Subtotal 5,300 $0.53 0.3% Permits & Insurance 0.0%18500 Plans Exam Fees allowance - - By Owner - - $0.000.0%18500 Building Permit Fees allowance - - By Owner - - $0.000.0%18500 Certificate of Occupancy allowance - - By Owner - - $0.000.0%18500 Impact Fees allowance - - By Owner - - $0.000.0%Permits & Insurance Subtotal - $0.00 0.0% General Conditions 18500 Supervison / Project Management lnft - 24,527 102,301 126,828 $12.707.5%18500 General Requirements lsum - - - - $0.000.0%General Condition Subtotal 126,828 $12.70 7.5% Temporary Construction 18500 Temp Fencing - Plywood Panels 700lnft - - 12 8,400 8,400 $0.840.5% \\clwdc\users\ESTIMATING\CURRENT PROJECTS\crabby bills\budgetTemplate Version 032613 3 of 4 Tab 5 - Page 15 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. JOB TITLE:DATE:JOB LOCATION:SQFT:(+/-5900 Usable sqft)ESTIMATE TITLE:DURATION:8 MONTHS=====================================================================================================================================UNITTTLUNITTTLUNIT TOTALDESCRIPTIONQUANUNTLABLABMAT'LMAT'LSUBSUB TOTAL$/SF % TTL ===================================================================================================================================== Conceptual Budget Crabby Bills June 3,20159,990 Clw Beach 18500 Temporary Fence Gates-2each - - 5001,000 1,000 $0.100.1% 18500 Temporary Stairs 1each - - 50005,000 5,000 $0.500.3%Temporary Construction Subtotal 14,400 $1.44 0.9% Misc. Project Costs Subtotal 18500 Small Tools & Equipment 7mnth - 5003,500 - 3,500 $0.350.2% 18500 Lull / Forklift / Large Tools & Equip.2mnth - 22004,400 - 4,400 $0.440.3% 18500 Trash Hauling 24pull - 45010,800 - 10,800 $1.080.6%18500 Casual Day Labor 21week - 60012,600 - 12,600 $1.260.7%18500 Contract Cleaning 9990sqft - - 0.353,497 3,497 $0.350.2%18500 Temporary Signage 1lsum - - 500500 500 $0.050.0%Misc. Project Costs Subtotal 35,297 $3.53 2.1% =====================================================================================================================================SUB TOTAL:- 62,202 1,461,320 1,523,522 $152.5090.0% TAX & BURDEN:0.4- 0.07 4,354 N/A4,354 $0.440.3% ===================================================================================================================================== - 66,556 1,461,320 1,527,876 $152.9490.2% COST CHECK:1,527,876 $152.9490.2%CONTINGENCY:3.75%57,295 $5.743.4%===========================TOTAL COST:1,585,171 $158.6893.6%PERF. / PAYMENT BOND:$12,846 12,846 $1.290.8% BUILDERS RISK INSUR.:0.40%by owner$0.000.0% GEN LIABILITY INSUR.:0.45%7,191 $0.720.4% ===========================SUBTOTAL:1,605,209 $160.6894.8%FEE 5.50%88,286 $8.845.2%===========================PROJECTED BUDGET:1,693,495$ $169.52100.0% \\clwdc\users\ESTIMATING\CURRENT PROJECTS\crabby bills\budgetTemplate Version 032613 4 of 4 Tab 5 - Page 16 5. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. 4. On-Going Capital Infrastructure Costs We do not expect to incur any additional future expenditures beyond normal maintenance and replacement costs. Our new building will be complete and no future additions or expansion would be anticipated. Historically, we have accumulated ample cash reserves for normal maintenance, unexpected repairs and new tech- nologies by calculating and anticipating these needs before making our bi-weekly owners distributions. This is evidenced by the almost $2.2 million we have reserved in anticipation of this RFP. Section 6 - Page 1 6. Compensation to City Compensation to the City Narrative The following assumptions / logic were used in computing the attached Compensation to the City computations: Base Rent Our real estate advisors have determined comparable rent in the area to be between $45 -$50 per Square Foot. We have computed the annual base rent using $47.5 per Square Foot and reduced that amount for the cost of the new building (amortized over 30 years). The base rent is scheduled to increase at 2% per year for the term of the lease. Share of Liquor, Beer and Wine Sales • Share of liquor, beer and wine at 9% above $10,000 per month ($120,000 per year) Share of Food Sales • Share of food sales at 2% above $4,000,000 per year. Total Annual Rent The total first year rent is estimated to be $223,000, which is $100,000 greater than the existing rent. This is estimated to increase to $264,000 in year 5 and $325,000 in year 10. (see Projection 1 of Cash Flow Analysis) Property Improvements We estimate the value of the property improvements to be no less than the estimated $1,700,000 of construction costs for the new building. Total Cumulative Compensation to the City The total cumulative compensation to the city over the 30 year term of the lease is estimated to be $12,210,000. Section 6 - Page 2 6. Compensation to City Crabby Bills Tab 6 RFP Proposed 200 Seats Existing 270 Seats Expected Revenues Food 4,199,998 5,669,997 Beverage 1,043,176 1,408,288 Other 80,845 109,141 Total 5,324,019 7,187,426 Cost Data Estimated Cost of new Building & Demolition 1,700,000$ 1,950,000$ SQFT of new Building 5,894 7,100 Seat count of new Building 200 270 FMV of Rent (Per SQFT) Based on Area Comparables 47.50$ 47.50$ Estimate of FMV Rent 279,965 337,250 New Prop Taxes based on Mill Rate 0.0185 31,450 36,075 FMV Lease Computation FMV Lease 279,965 337,250 Less Amortized Building Cost Cost (30 Years)(56,667) (65,000) Total Rent 223,298 272,250 Proposed Rent Computation Proposed Base Rent - 2% annual increase 136,213 122,904 9% Share of LBW > 120K 9.00%83,086 9.00%115,946 2% Share of Food Sales > $4M 2.00%4,000 2.00%33,400 Total Annual Rent 223,298 272,250 Proposed Total Monthly Rent 18,608 22,688 Current Rent 10,324 10,324 Monthly Increase 8,285 12,364 Total Additional Compensation to the City 99,415 148,367 Cumulative Compensation to the City (30 Years) Base Rent 5,525,880 4,985,985 9% Share of LBW > 120K 3,994,631 5,506,152 2% Share of Food Sales > $4M 1,463,892 2,816,254 30 Year Estimated Total Rents 10,984,403$ 13,308,390$ Value of Building Improvements 1,700,000$ 1,950,000$ 12,684,403$ 15,258,390$ 30 Year Rent Estimate - Assumes 4% annual sales growth to year 15 and then no growth years 16-30. Crabby Bill's Compensation to the City Section 7 - Page 1 7. Other Forms Section 7 - Page 2 7. Other Forms Section 7 - Page 3 7. Other Forms Section 7 - Page 4 7. Other Forms Prepared for: City of ClearwaterFinance Department100 S. Myrtle Ave., Clearwater, FL 33756-5520Date: June 3, 2015 @ 10:00 AM ET Prepared by: 37 Causeway Boulevard, LLC 107 Hampton Road, Suite 200 • Clearwater, FL 33759 (727)725-2551 • (727) 725-4717 fax REQUEST FOR PROPOSALS: RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION AND MAINTENANCE - #20-15 Original Tab 1 - Letter of Interest & Supporting Information......................• Letter of Interest• Joint Venture Agreement• Bid Bond• Corporate Charter• Organizational Chart Tab 2 – Abilities, Experience and Expertise.................................... Tab 3 – Restaurant Theme / Type / Quality....................................• Vision• Menu• Concept• Drawings & Site Plan• Term Sheet• Schedule Tab 4 – Professional Expertise / Composition................................• GC / CM Experience• Architectural Experience• Consultant Experience Tab 5 – Financial Capability.............................................................• Cash Flow Analysis• References• CPA Letter• Bank Letters• Previous Financial Commitments• Construction Cost Estimate Tab 6 – Compensation to the City.................................................. Tab 7 – Other Forms........................................................................• Exceptions/Additional Materials/Addenda form• Vendor Information form• Offer Certification form• W-9 form 1-11 12-19 20-54 55-64 65-75 76-78 79-82 TABLE OF CONTENTS Letter of Interest and Supporting Information 37 Causeway Boulevard LLC TA B 1 June 3, 2015 City of Clearwater Purchasing Office 100 S. Myrtle Ave. Clearwater, FL 33756-5520 Attn: Alyce Benge, CPPO, Purchasing Manager RE: REQUEST FOR PROPOSALS: RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE – RFP# 20-15 Dear Review Committee: J. Kokolakis Contracting, Inc. and Hooters Management Corporation are pleased to submit their qualifications for the development of a new restaurant at 37 Causeway Boulevard. As you will see, our team offers significant combined experience in the design, construction, management and operation of national restaurant concepts. Through acceptance of our proposal, the City of Clearwater will realize the benefit of a national developer/ contractor whose proven track record in multi-million dollar projects on Clearwater Beach is well established, coupled with restaurant operations team responsible for the conceptualization and operation of a world famous brand. With regard to the abilities and performance of J. Kokolakis Contracting, Inc., we offer over 43 years of experience in the construction of complex projects. Our firm has been headquartered in Pinellas County since 1989 and has successfully developed and constructed several million square feet of public and commercial space. Our restaurant partners established the first Hooters in Clearwater on October 4, 1983. Their management expertise and commitment to excellence resulted in the creation of one of the best known brands in food service. The Hooters Management Corporation is also responsible for the development of the such recognized concepts as, Splitsville, Pete & Shorty’s and Dan Marino’s Town Tavern. The City of Clearwater will benefit from their 30 year proficiency in restaurant development and operation. Both firms have longstanding reputations as active members in the community and supporters of many local charities. The enclosed submission incorporates project narratives that will highlight the unique credentials of the Development Team. These facilities share key elements with the proposed new restaurant concept at 37 Causeway Boulevard and illustrate our team’s tremendous insight in this highly specialized field. We clearly understand the requirements of the RFP and will ensure that each fundamental aspect is addressed. Careful attention will be paid to coordinate all new work with existing conditions, while at the same time minimizing any impact to City operations and traffic during construction. There are many things that we hope you will take away from this response, but above all, our hope is that our dedication to the City of Clearwater shines through. We are confident that our unique proposal to construct and operate a first-class restaurant on Clearwater Beach will distinguish our submission from the others and successfully communicate our vision for this site. Sincerely, Joseph J. Kokolakis Member 37 Causeway Boulevard LLC JOSEPH J. KOKOLAKIS 202 East Center Street Tarpon Springs, FL 34689 727.942.2211 Fax 727.937.5708 jkokolakis@jkokolakis.com HOOTERS MANAGEMENT CORPORATION 107 Hampton Road, Suite 200 Clearwater, FL 33759 727.725.2551 Fax 727.725.4717 Neil.kiefer@originalhooters.com 1 2 3 4 5 6 7 8 9 SUPPORTING INFORMATION 10RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CORPORATE CHARTER 1111RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 SUPPORTING INFORMATION ORGANIZATIONAL CHART 37 Causeway Boulevard, LLC 50% J. Kokolakis Contracting, Inc. Property Management Joseph J. KokolakisPrincipal in ChargeHooters Management Corporation (HMC) J. Kokolakis Contracting, Inc. Design-Builder Jennifer BuchananProperty Manager Johnny WingertProperty Maintenance Roderick C. VoigtProject Executive Jim CummingsDirector of Preconstruction Jose ColmeneroProject Manager Bob RuhlSuperintendent Aude-Smith ArchitectureJeff Smith, AIADesign-Build Architect Neil KieferPresident Sal MelilliChief Operating Officer Dan BabbittVP Human Resources Bruce ClarkChief Financial Officer Denise WilliamsChief Marketing Officer Steve BaldacciVP North Bill MooreVP South 50% The Gravity Company. LLCRaymond R. Schaefer, AIA/NCARBRestaurant Designer Abilities, Experience and Expertise in Restaurant Management and Operations 37 Causeway Boulevard LLC TA B 2 ABILITIES, EXPERIENCE AND EXPERTISE 12RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 THE TEAM The Management Team for the Clearwater Beach Restaurant project has an extensive resume. This team has owned and operated for decades several regional and national brands. These team members are highly qualified and have deep expertise in brand development and operational execution. They are as follows: Neil Kiefer CHIEF EXECUTIVE OFFICER - HOOTERS MANAGEMENT CORPORATION Mr Kiefer attended Bethany College in Bethany, West Virginia where he graduated in 1973 with a Bachelor of Arts Degree. He received his JD from Hofstra University Law School in 1979, graduating in the top 15% of his class. In 1979 Mr. Kiefer joined the law firm of Brown, Watson, Goldstein and Douglass, P.A. in St. Petersburg, Florida and remained at the firm and its successors until May 1992. Mr. Kiefer ultimately became president of the law firm and served in that capacity from 1989 until 1992. Mr. Kiefer has received an AV rating from Martindale-Hubbell. Mr. Kiefer is a member of the St. Petersburg and Florida Bar Associations. He is admitted to practice before the Supreme Court for the State of Florida; the U.S. Federal Court, Middle District, Florida; and the United States Bankruptcy Court, Middle District of Florida. In May of 1992 Mr. Kiefer became president and CEO of Hooters Management Corporation, the managing entity for HI and its affiliated companies. Mr. Kiefer had incorporated the original Hooters and served as outside general counsel since Hooters’ inception in 1983. In June of 1994 Mr. Kiefer became president and CEO of HI and its affiliated companies. Mr. Kiefer also became a member of its Board of Directors and continues to serve in those capacities. Mr. Kiefer currently serves on Hooters Franchisee Business Council. Bruce Clark CHIEF FINANCIAL OFFICER - HOOTERS MANAGEMENT CORPORATION Mr. Clark attended and graduated from the University of South Florida (USF) in Tampa, Florida with a Bachelors degree in Accounting. After graduating, Mr. Clark entered into the Executive Management Program of a $300 million Tampa, FL division of Allied Stores (now part of Macy’s), working primarily in the internal audit department. In 1984 Mr. Clark left Allied in 1984 to join the accounting firm of Deloitte & Touche (Deloitte) in the Tampa, Florida office in the financial audit practice. Mr. Clark worked with this firm from 1984 to 1991 and was an Audit Manager at the time of his departure. His industry experience varied greatly, and included significant concentration in the areas of manufacturing and financial services, with both publicly and privately held companies. In 1991 Mr. Clark left Deloitte to work with a $500 million agrichemical mining, manufacturing and retail group (Royster Company) and help guide the organization with significant financial restructuring. From 1991 to 1994 Mr. Clark functioned as Vice President and Corporate Controller of the company. In 1994 Mr. Clark joined Hooters Management Corporation and its affiliated companies as Controller, later promoted to Chief Financial Officer in 1996. He has helped manage the growth and evolution of the financial reporting, banking, finance, risk management and information systems for the Company. He actively participates in the National Restaurant Association’s Financial Officer Executive Study Group and has co-chaired past meetings. Mr. Clark is a licensed Certified Public Accountant (CPA) in Florida and is a member in both the Florida Institute of CPA’s (FICPA) and the American Institute of CPA’s (AICPA). These team members will be able to lend over 60 combined years of restaurant experience insuring this project will be highly successful. ABILITIES, EXPERIENCE AND EXPERTISE 13RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 HOOTERS MANAGEMENT CORPORATION & JOSEPH J. KOKOLAKIS EXPERIENCE Hooters / Ron Jon Surf Shop381 Mandalay Avenue, Clearwater Beach, FL Project consists of a new three-story building with a total of 15,000sf on Mandalay Avenue in Clearwater Beach, Florida. The building was constructed on a 0.185 acre which includes 5,000sf for Ron Jon Surf Shop on the first floor and 10,000sf for Hooters Restaurant on the second and third floors. The portion of Hooters located on the second floor consists of 3,000sf air conditioned restaurant area with a 2,000sf covered outdoor balcony. On the third floor, there is a rooftop bar for Hooters consisting of 2,000sf of covered areas with 3,000sf of exposed deck overlooking the inter-coastal waters and Clearwater Beach. The project included the installation of precast concrete piles to counter uplift load caused by subsurface tidal saturation. This required close coordination with the pile contractor and civil engineer to provide a cost effective functional foundation system. The first floor is constructed below floodplain which required the installation of a storm surge storefront system and storm panels. Role: Developer • Contractor Time line: October 2011 - June 2012Cost: $5 million - Development Cost ABILITIES, EXPERIENCE AND EXPERTISE 14RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 JOSEPH J. KOKOLAKIS EXPERIENCE Walgreens401 Poinsettia Avenue, Clearwater Beach, FL New two-story, 23,000sf Walgreens at the northeast portion of the Mandalay Avenue roundabout on Clearwater Beach, Florida. This is a unique, non-prototype High Profile store for Walgreens and is the first of its kind. This store is double in size compared to any other Walgreens store and offers fresh fruits and vegetables. This layout also allows pharmacists to interact directly with customers on the sales floor. The enhanced customer service is part of what Walgreens calls a “well experience.” The project includes a $70,000 LED exterior lighting package, 7 registers, food oasis, escalator and elevator, material conveyor belt, flood proof design, hurricane impact glass, polished concrete and refrigeration & freezer systems. Role: Developer • Contractor Time line: October 2012 - September 2013Cost: $3.7 million - Development Cost Kokolakis Retail – Dunkin Donuts / Kilwins / Baubles and Bags / Ron Jon Surf Shop / Engel & Volkers Realty 391 Mandalay Avenue, Clearwater Beach, FL Project consisted of a complete renovation to an existing 5-unit, 4500sf, one-Story retail building on Mandalay Avenue in Clearwater Beach, Florida. The project included removing and replacing the existing storefront with a new impact rated storefront system. The façade was upgraded from the original precast panels to new AZEK exterior trim. The rear and sides of the building were finished with stucco and paint. The original gravel roof was replaced with a new TPO (thermoplastic polyolefin) roof membrane and the existing shingle mansard was replaced with standing seam metal roof. The interior of the building was also upgraded. All 5-units received upgraded ADA compliant bathrooms along with new HVAC systems, electrical, flooring, interior partitions (as required for each build out), acoustical ceiling, lighting, and upgraded doors and hardware. The exterior area of the property was also cleaned up. The existing storage units at the rear exterior portion of the building were demolished. The concrete slab on grade was finished smooth and pavers were added at the east portion of the property. Role: Developer • Contractor Time line: October 2012 - November 2012Cost: $4.5 million - Development Cost ABILITIES, EXPERIENCE AND EXPERTISE 15RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Stirling Commons730 Broadway, Dunedin, FL Stirling Commons was originally built in 1965 and served as a Youth Center in the heart of Downtown Dunedin. The City built a much bigger Community Center leaving the Stirling Hall building abandoned for several decades and in serious decay. A total restoration to the two-story 14,600sf facility is now home to twelve studios for the Fine Arts Counsel on the second floor and seven retail spaces on the ground floor. J. Kokolakis Contracting was recognized by the Dunedin Chamber of Commerce for its support of the Fine Arts Center and the aesthetic transformation to the surrounding areas. The building restoration consisted of a new addition to the eastern portion of the existing main structure. This provided four separate spaces on the Broadway side and two additional studio classrooms on the second floor. Each of the four spaces on the Broadway side have different façades ranging from brick, sand finished stucco, and coquina shell stucco. On the first floor of the existing structure there are three additional spaces, which provide approximately 8,880 sf for the available seven spaces on the first floor, which may be used for either, office, restaurant, or retail. The second floor area consists of approximately 5,720 sf for the twelve studios, which are currently being used by the Dunedin Fine Arts Center. The eastern addition has a built up roof and the existing structure has a new standing seam metal roof. Exterior finishes consists of sand finish stucco, brick, and coquina shell stucco to match the finishes used on the spaces at the east addition. Two stair towers and one exterior elevator were added to the exterior of the building, which provide egress to the second floor. Role: Developer • Contractor Time line: April 2009 - September 2009Cost: $3.2 million - Development Cost Dunkin DonutsKenneth City, FL This project consisted of the complete renovation of an existing 1,900 sf fast- food restaurant located at 4599 66TH Street North in Kenneth City, Florida. Renovations included the construction of a new Seating Area, Sales Area, Service Counter, Kitchen Area, Office, and Walk-In Coolers. Improvements to the property included interior and exterior demolition, replacement of MEP systems, floor tile, FRP and gypsum wall finishes, acoustical ceiling systems, painting, stucco, lighting, millwork, cabinetry, paving, striping, landscaping, installation of kitchen equipment and a Dunkin’ Brands décor package. Role: Developer • Contractor Time line: July 2012 - October 2012Cost: $912,000 - Development Cost JOSEPH J. KOKOLAKIS EXPERIENCE ABILITIES, EXPERIENCE AND EXPERTISE 16RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Dunkin DonutsLargo, FL This project consisted of the complete renovation of an existing 3,000sf fast-food restaurant located at 600 Missouri Avenue North in Largo, Florida. Renovations included the construction of a new Seating Area, Sales Area, Service Counter, Kitchen Area, Office, and Walk-In Coolers. Improvements to the property included interior and exterior demolition, replacement of MEP systems, floor tile, FRP and gypsum wall finishes, acoustical ceiling systems, painting, stucco, lighting, millwork, cabinetry, paving, striping, landscaping, installation of kitchen equipment and a Dunkin’ Brands décor package. Construction of the new Dunkin’ Donuts was completed in less than 90 days and JKC worked seamlessly with various equipment and food vendors throughout the project. Role: Developer • Contractor Time line: August 2011 - November 2011Cost: $725,000 - Development Cost Main Street Commons312 Main Street, Dunedin, FL Main Street Commons is comprised of four locally owned stores situated on the corner of Main Street and Broadway in Dunedin’s Downtown Commercial District. An existing single-tenant building that brought little foot traffic to the Downtown Core was subdivided into three separate boutiques. The adjacent two- tenant structure was renovated into a single-tenant ice cream café. The existing privately owned park was acquired, beautified and then donated to the City of Dunedin and has since been named Purple Heart Park. A beautiful marble and granite memorial was constructed in honor of our nation’s wounded veterans. By redeveloping an underutilized portion of downtown Dunedin, The Main Street Commons project has impacted the community in a positive manner by creating a healthy and vibrant addition to the downtown core. The project was designed to achieve a maximum of 28 Design LEED credits by incorporating applicable sustainable concepts in the project. Through strict adherence to the fundamental principles of sustainable building, we were able to generate a minimum of 12 Construction Credits. Design Credits were earned through a variety of methods ranging from the more common such as Site Selection, Redevelopment, and Alternative Transportation to the use of innovative materials such as completely pervious paving manufactured from recycled tires and placed upon structural base made from on-site recycling of existing concrete. Construction points were generated through Building Reuse, Indoor Air Quality Management, Waste Recycling, Low-Emitting Materials, and the Reuse of over 75% of existing lumber from existing interior partitions that was clean and used to reframe new walls. Role: Developer • Contractor Time line: January 2008 - April 2008Cost: $1.7 million - Development Cost JOSEPH J. KOKOLAKIS EXPERIENCE ABILITIES, EXPERIENCE AND EXPERTISE 17RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 HOOTERS MANAGEMENT CORPORATION (HMC) EXPERIENCE HootersMadison Square Garden in New York City Hooters Brand- created and developed a local based, now 30 years old international concept. While the concept has over 450 units and growing, we own and operate 24 of those across 3 states. Most notably was the creation and building of a new store across from Madison Square Garden in New York City. Similar to this project, it was uniquely located and encompassed multiple floors. It required a coordinated effort to design the space and obtain permits through a very complex building department. Further, there were a myriad of obstacles to retrofit a complex non restaurant space into a user friendly, comfortable dining establishment. This space now operates successfully on 3 levels with 2 bars and several dining options. Role: Site Selection • Lease • Design • Contractor • Permit • Inspection • Grand OpeningTime line: Split into stages - design development, architectural remodeling, application submittal, Contractor bids, Construction, inspection and grand opening-20 months.Cost: $5 million ABILITIES, EXPERIENCE AND EXPERTISE 18RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 HOOTERS MANAGEMENT CORPORATION (HMC) EXPERIENCE Hooters Casino Hotel (HCH)Las Vegas, Nevada In 2005 HMC, through an affiliated entity, Florida Hooters, LLC (FH) formed 155 East Tropicana, LLC (155). Florida Hooters, LLC (FH) was the Managing Member of 155. HCH expended approximately $50 million to substantially renovate and an existing Casino and 700 room hotel in Las Vegas, Nevada to create the HCH, which opened in February of 2006. The floor plan below depicts the various food and beverage concepts that were managed at the property, including the number one Hooters restaurant in the world, a Dan Marino’s Town Tavern, 13- Martini Bar, a 24 hour restaurant, as well as several other retail outlets. Also, we operated a 700 room hotel and a full casino, containing approximately 32 table games and over 600 slot machines. Role: Site Selection • Lease • Design • Contractor • Permit • Inspection • Grand OpeningTime line: We opened HIC in February of 2006 and managed it though 2012.Cost: $50 million ABILITIES, EXPERIENCE AND EXPERTISE 19RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 MARKETING PLAN Like our current restaurant concepts, we aim to attract regional and national visitors as well as local residents to “Ocean Draft”. This is accomplished by not only budgeting and spending marketing and promotional dollars but by participating in local/regional events, i.e. Clearwater Beach Restaurant Week, Chamber functions, and City of Clearwater community events. Part of being a neighborhood restaurant is participating in the neighborhood. Our extensive experience and knowledge of reaching both out of town visitors and local consumers will be invaluable to this project. We will be able to greatly leverage our already exiting media contacts as well as all our on going media buying. This project will be marketed in way to reach the many local residents and out of town visitors. It is not only good for the restaurant but for the City as well. It will attract more local visitors and hotel occupants that not only lift restaurant sales but tax revenue as well. • Primary Marketing: Patrons who are looking for a casual dining place that’s a bit more upbeat and energetic, where a simple meal turns into a really good time. Primarily targeting out of town visitors, business and convention travelers, snow birds and local residents. • Secondary Markets: regional events and annual activities. • Amenities: parking, beach and water views, dine in and take away food options. • Leisure Markets: traveler advertising, hotel publications, airport/airplane advertising, seasonal publications, sporting events, regional/state wide events, social media. • Local Residents: billboards, TV, radio, social media, local theme, new alternative restaurant, where you live at the beach or surrounding counties. Restaurant Theme / Type / Quality 37 Causeway Boulevard LLC TA B 3 RESTAURANT THEME / TYPE / QUALITY 20RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 OUR VISION “Ocean Draft” is a chef inspired, polished casual dining destination. It connects with a broad base of consumers consisting of the local community and out of town visitors. The vision is a chef inspired menu with a creative beverage program and outstanding service. The goal is to provide guests with an exceptional experience that is repeated each and every visit. It is meant to be the go to place for local residents, beach goers, out of town visitors, snow birds, colleagues or romantic dates. The unique setting and craveable menu will drive demand for all consumers. The concept is meant to provide a quality dining experience and be a popular gathering area. The diverse settings within the restaurant will offer different experiences on different visits. The exceptional, detailed cuisine will be evident throughout the thoughtful menu and will provide a high quality product at a tremendous value for the experience. Paired with a unique beverage program, creative cocktails, craft beer and diverse wine list will complement the Chef’s inspirations. While the moderate to upper price range will capture affluent consumers; it will not feel expensive or stuffy. This polished casual chef inspired concept will focus on a comfortable value in a relaxed beach like setting. This restaurant is inviting and relaxing and creates an environment where guests want to linger and frequent regularly. There is great attention to detail not only in the food and bar menu, but to the décor, architectural finishes and atmosphere. This project competes on all levels and will offer a unique experience with its open kitchen, unparalleled views and stylish use of space. Guests of all types will come to know and rely on endless satisfying experiences. DRAFT Cl e a r w a t e r B e a c h Casual, Yet Polished. RESTAURANT THEME / TYPE / QUALITY 21RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 OUR MENU Menu Drunken Prince MusselsGrilled Chicken Wings With Florida Orange Mescal GlazeHangover FriesClearwater CalamariGrilled Lollipop Gator Tail For One Or For The TableHouse Made Soft Whole Grain Pretzels With Mustard And Teleggio-Porter FondueChargrilled Tavern Made Sausages Served With Onions, Peppers, And Mini Turano BunsSmoked Red Snapper Dip With Tavern Grown Herb Crusted Garlic Bread DippersGlades Gater Salsa With Tomatoes, Bell Pep-pers, Jalapeño Habanero & Green Chile Peppers Served On Soft Pita Bread Wedges STARTERS Clearwater Calamari Salad Kalamata Olives, Cherry & Grape Tomatoes, Celery Ribs, Red Onion & Flat Leaf Parsley Tropical Quinoa Salad With ShrimpRed Quinoa, Mango, Florida Avacado, Strawberries, Jalapeño Chiles, Red Bell Peppers Kale Caesar Salad Pumpkin Seed Caesar Dress-ing, Pumpernickel Croutons, Toasted Pumpkin Seeds, Shaved Parmesan Florida Red Chowder With Mini Pretzel Bites House Made Farm Salads Pasta, Potato, Macaroni, 3 Bean Coastal Fish Stew SOUP & SALAD florida AvacadoBuffalo ChickenGroupergrilled VeggiesPilsen BurritoWaygu Beef Not Really a Wrap... More of a Fork and Knife Thing TAVERN WRAPS SIDES Hand Cut Fries With Truffle/egg/cheese/loadedGrilled Brussel Sprouts With Tavern Fish Sauce VinagretteSpaghetti Squash GratinMaple Roasted Hakurei TurnipsChef’s Fresh Local Grilled Veggies THE CRABBY JANEBoiled Stone Crab Claws With Hearts Of Palm Salad & Honey Tangerine Gastrique THE FRY-UPIt’s Never Too Late (Or Early) For Eggs, Bacon, Hashbrowns With A Short Stack Of Pancakes BONE-IN PORK CHOP- 20 oz.With Delicata Squash, Rye Berries, Watercress & Plums KEY LIME HONEY GRILLED CHICKENHoney, Key Lime Juice, Garlic & Lemon Peppers THE SOUVLAKIMarinated Greek Lamb With Pita & Tzatziki FLORIDA GRASSFED TAVERN BURGEROn A Turano Bun. Fried Egg, Grilled Onions & Peppers, Local Cheese GRILLED PINEAPPLE TURKEY BURGERWith House Pulled Mozzarella & Michgan Honey Glaze KEY WEST DOLPHIN SANDWHICHWith Creamy Coleslaw, Island Dressing, Swiss Cheese On A Wheat Bun CHAPEAUX:bacon & wisconsin cheddar (+3)Oscar (+3)split lobster (+10) SIMPLE FISH & STEAKS FISHING VESSEL FRESH:Tuna, King Kish, Grouper, Yellow Tail, Marlin Or Snapper SAUCES:horseradish creamhollandaisepeppercorn bernaisesalt-pepper-lemon BUTTERS:italian garlic herbtrufflesmoked bacon/onion 8 oz. Filet 16 oz. Bone-In Filet 20 oz. Bone-In Ribeye 14 oz. NY Strip MAIN DRAFT DESSERT Key Lime Pie Apple Streusel Italian Chocolate Lava Cake Fresh Local Berries Raw Sea Oysterswith hot sauce and a beer chaser(some of you– are not being that sweet) The chef inspired menu will be approachable and desirable. The pricing strategy is to appeal to affluent consumers that appreciate exceptional food and drink quality that is matched with expert customer service. It will be meant to cater to those with disposable income that focuses on a comfortable value and that they can visit several times a week. RESTAURANT THEME / TYPE / QUALITY 22RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 OUR CONCEPT Ocean DraftThis inclusive, convenient restaurant has a welcoming ambience and maintains great attention to detail. The aesthetics and décor package reflect the beach atmosphere in a creative, comfortable way. The open decks and roof top lend itself to capitalizing on the priceless location and unparalleled views. The materials and precise finishes provide a distinctive place to dine and relax. In a sometimes cluttered marketplace, this concept and its architectural style will have exceptional comfort and a deliberate polished feel. The air conditioned space is approximately 3,900sf and the outside seating area is approximately 3,400sf. StarbucksStarbucks Corporation is the leading roaster, retailer, and marketer of specialty coffee in the world. Its operations include upwards of 7,300 coffee shops and kiosks in the United States, and nearly 3,000 in 34 other countries, with the largest numbers located in Japan, Canada, the United Kingdom, China, Taiwan, South Korea, the Philippines, Thailand, Malaysia, Mexico, Australia, Germany, and New Zealand. In addition to a variety of coffees and coffee drinks, Starbucks shops also feature Tazo teas; pastries and other food items. Starbucks coffee shop and retail store will inhabit the first floor with approximately 2,000sf of air conditioned space and approximately 1,700sf of outside seating. Amenities: Ample parking, variety of local transportation services that service the beach, beach and water views, dine in and take away food options, meeting/banquet space Visible Vibrant Relaxed Comfortable Elevated. In C o n c e p t Ki t c h e n Delicious. 23 Li g h t i n g Ambient. 24 Be v e r a g e s Refreshing. 25 Fu r n i t u r e Comfortable. 26 De m og r a p h i c 27 Intense Detailed Tasteful Inviting. 28 Romantic.Dramatic.Durable. 29 30 Ro o f t o p Luxurious. 3131 3232 3333 34 20'40'0 80' STARBUCKS & OCEAN DRAFT RESTAURANT SITE PLAN A PROJECT DEVELOPED BY 37 CAUSEWAY BLVD FL CORP. AA0002587 Aude Smith Architecture, Inc. AIA All Rights Reserved C Copyright 748 BROADWAY, SUITE 202 DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COMAUDESMITH AIA 35 STARBUCKS BEER COOLER (FOR UPSTAIRS) PATIO SEATING PATIO SEATING PATIO SEATING SERVICE STAIR SERVICE AREA MAIN ENTRY STORAGE (NON AC) DU M P S T E R S FIRST FLOOR SECOND FLOOR TOTAL 2281 SQ FT 3613 SQ. FT. 5894 SQ. FT. APPROX. F.A.R CALCULATIONS STARBUCKS & OCEAN DRAFT RESTAURANT FIRST FLOOR PLAN A PROJECT DEVELOPED BY 37 CAUSEWAY BLVD LLC. FL CORP. AA0002587 Aude Smith Architecture, Inc. AIA All Rights Reserved C Copyright 748 BROADWAY, SUITE 202 DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COMAUDE SMITH AIA 5'10'0 20' 36 OCEAN DRAFT RESTAURANT BALCONY SEATING BALCONY SEATING LOBBY SERVICE STAIR FL CORP. AA0002587 Aude Smith Architecture, Inc. AIA All Rights Reserved C Copyright 748 BROADWAY, SUITE 202 DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COMAUDESMITH AIA STARBUCKS & OCEAN DRAFT RESTAURANT SECOND FLOOR PLAN A PROJECT DEVELOPED BY 37 CAUSEWAY BLVD LLC. 5'10'0 20' 37 ROOFTOP PATIO (PARTIALLY COVERED) MECHANICALBAR (COVERED) FL CORP. AA0002587 Aude Smith Architecture, Inc. AIA All Rights Reserved C Copyright 748 BROADWAY, SUITE 202 DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COMAUDESMITH AIA STARBUCKS & OCEAN DRAFT RESTAURANT THIRD FLOOR PLAN A PROJECT DEVELOPED BY 37 CAUSEWAY BLVD LLC. 5'10'0 20' 38 SHADE TRELLIS CURVED ROOF FL CORP. AA0002587 Aude Smith Architecture, Inc. AIA All Rights Reserved C Copyright 748 BROADWAY, SUITE 202 DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COMAUDESMITH AIA STARBUCKS & OCEAN DRAFT RESTAURANT The Wave Roof A PROJECT DEVELOPED BY 37 CAUSEWAY BLVD LLC. 5'10'0 20' 39 40 41 42 These pages were left blank intentionally. Pages 43-51 RESTAURANT THEME / TYPE / QUALITY 52RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 TERM SHEET 37 Causeway Boulevard Page 1 of 2 CONFIDENTIAL 37 CAUSEWAY BOULEVARD, LLC $3,000,000 CONSTRUCTIONLOAN SUMMARY OF TERMS AND CONDITIONS FOR DISCUSSION PURPOSES ONLY – NOT A COMMITMENT TO LEND This Summary of Terms and Conditions is not intended to be and should not be construed as an offer, a commitment, nor agreement to lend, nor should it be construed as an attempt to establish all of the terms and conditions relating to the Facility. It is intended only to be indicative of certain terms and conditions around which credit approval may be sought, and if approved, how the loan documents might be structured, and shall not preclude negotiations within the general scope of these terms and conditions. No person or entity shall have any obligation to commence or thereafter continue any negotiations to enter into any definitive, binding agreement with respect to the Facility, and no person or entity should rely on an eventual formation of any agreement.Any party may freely enter into negotiations with any other person or entity, and nothing herein shall preclude any party from entering into a binding agreement with any other person or entity. The foregoing shall apply to this Summary of Terms and Conditions, as well as to any prior and subsequent communications between the Borrower and Lender with respect to the Facility, and only a definitive, written agreement, executed by both Borrower and Lender, shall be binding on Borrower and Lender with respect to the Facility. Proposal Date:May 27, 2015 Borrower:37 Causeway Boulevard, LLC, a Joint Venture. Guarantees:Principalswithin borrowing entity, To Be Determined Lender:Wells Fargo Bank, National Association Facility:A Construction Mini-Perm Term Loan Purpose:To provide financing for demolition and construction costs associated with a commercial restaurant building located at 37 Causeway Boulevard, Clearwater Florida commonly known as Crabby Bills Clearwater Beach Restaurant. The subject property is owned by the City of Clearwater. RESTAURANT THEME / TYPE / QUALITY 53RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 TERM SHEET 37 Causeway Boulevard Page 2 of 2 CONFIDENTIAL Facility Amount: The Facility Amount shall be the lesser of: (i)$3,000,000; or (ii)75% of the “as-complete”Leasehold Estateappraised value of the Project. (iii)75% of total Project costs. Security:The Facility shall be secured by: (i) a first leasehold mortgage on the Project; (ii) a collateral assignment of all present and future leases and rents. Interest Rate:LIBOR based Facility with Pricing To Be Determined Loan Term:Up to Seven Years from loan closing date. Loan Fee:To Be Determined Covenants To Be Determined Lease Approval:Lender in it’s sole discretion shall approve all related Leases to the project including a 30-Thirty Year Ground Lease with The City of Clearwater prior to closing. Amortization:Monthly interest and principal payments based on a 20 year amortization. Environmental Indemnity:Borrower shall execute a standard Wells Fargo environmental indemnity. Insurance Requirement:Borrower shall at all times maintain insurance policies with respect to the Project which are satisfactory to Lender. Costs and Expenses:Borrower shall pay all costs, expenses and fee (including , without limitation, any appraisal, survey, insurance, environmental, and legal fees associated with this transaction, regardless of whether the transaction closes. RESTAURANT THEME / TYPE / QUALITY 54RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Activity ID Activity Description Orig Dur %Late Start Late Finish Total Float PA-00150 Submitt Proposal To City of Clearwater 1 0 03JUN15 03JUN15 0 PA-00160 City of Clearwater Proposal Review 12 0 04JUN15 19JUN15 0 PA-00170 Conduct Presentation 20 0 22JUN15 17JUL15 0 PA-00180 Award Recomendation 1 0 20JUL15 20JUL15 0 PA-00190 Council Authorization of Rankings 13 0 21JUL15 06AUG15 0 PA-00200 Council Authorization of Lease 20 0 07AUG15 03SEP15 0 PC-00210 Design Phase 87 0 04SEP15 04JAN16 0 PC-00220 Perform Asbestos Survey 5 0 02DEC15 08DEC15 63 PC-00230 10-Day Notification for Asbestos Abatement 10 0 09DEC15 22DEC15 63 PC-00260 Obtain Demolition Permit 5 0 06JAN16 12JAN16 83 PC-00240 Complete Asbestos Abatement 5 0 23DEC15 29DEC15 63 PC-00250 10-Day Period Post-Abatement Prior to Demolition 10 0 30DEC15 12JAN16 63 PC-00300 Demo Existing Building 5 0 13JAN16 19JAN16 63 PC-00270 Permitting Review 1st Submission 10 0 05JAN16 18JAN16 0 PC-00310 Obtain Early Foundation Only Permit 1 0 19JAN16 19JAN16 0 PC-00280 Permitting Review Final Submission 10 0 03FEB16 16FEB16 11 BC-00320 Building Foundations 21 0 20JAN16 17FEB16 0 PC-00290 Obtain Construction Permit 1 0 17FEB16 17FEB16 11 BC-00330 Construction - Building 175 0 18FEB16 19OCT16 0 BC-00340 Finalize Tenant Fit-Out 20 0 20OCT16 16NOV16 0 BC-00350 Obtain Certificate of Occupnacy 1 0 17NOV16 17NOV16 0 BC-00360 Restaurant Pre-Opening Checks 10 0 18NOV16 01DEC16 0 BC-00370 Restaurant Grand Opening 1 0 02DEC16 02DEC16 0 2015 2016JJASONDJFMAMJJ A S O N D J Submitt Proposal To City of Clearwater City of Clearwater Proposal Review Conduct Presentation Award Recomendation Council Authorization of Rankings Council Authorization of Lease Design Phase Perform Asbestos Survey 10-Day Notification for Asbestos Abatement Obtain Demolition Permit Complete Asbestos Abatement 10-Day Period Post-Abatement Prior to Demolition Demo Existing Building Permitting Review 1st Submission Obtain Early Foundation Only Permit Permitting Review Final Submission Building Foundations Obtain Construction Permit Construction - Building Finalize Tenant Fit-Out Obtain Certificate of Occupnacy Restaurant Pre-Opening Checks Restaurant Grand Opening © Primavera Systems, Inc. Start Date 03JUN15 Finish Date 02DEC16 Data Date 03JUN15 Run Date 28MAY15 08:29 Early Bar Progress Bar Critical Activity 37CW J. Kokolakis Contracting Inc. City of Clearwater 37 Causeway Blvd Classic Schedule Layout Sheet 1 of 1 Date Revision Checked Approved DEVELOPMENT SCHEDULE Professional Expertise / Composition of the Design and Construction Team 37 Causeway Boulevard LLC TA B 4 PROFESSIONAL EXPERTISE/COMPOSITION 55RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Army Reserve Center Cape Coral/Ft. Myers, FL Size: 47,000-sf Value: $11 million This Design-Build project consists of a 37,500-sf training building, 8,000-sf Organizational Maintenance Shop (OMS), 1,500-sf unheated storage building and organizational parking. Florida Brewery Ybor City, FL Size: 45,000-sf Value: $5.8 million This 45,000 s.f. historic structure was initially built in 1896 in Ybor City, Florida. The scope of work entailed the complete renovation/conversion of the five-story historic brewery into offices and retail spaces. All the masonry was tuck-pointed, the historic tower was rebuilt with a standing seam copper roof, new windows were installed, a new built-up roof system was installed, and all interior spaces were completely renovated, including installing new electric, voice/data, and HVAC. The difficult task of maintaining the historic integrity of this 19th century structure, while updating it for 21st century occupants, was met through constant communication and cooperation among team members. All tenant requirements were satisfied by the design team and implemented by the construction team. GC / CM RELATED EXPERIENCE Our Unique Qualifications Over $3 Billion in Construction / 400+ Projects Over $500 Million in Construction Management & Design Build Projects $400 Million Bonding Capacity Experts with Local Municipalities Local Office Services Clients Nationwide Expertise in Restaurant Construction, Operation, and Maintenance Tampa Bay Top 40 Privately Held Company PROFESSIONAL EXPERTISE/COMPOSITION 56RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 University of South Florida Joint Military Leadership Center Tampa, FL Size: 52,000-sf Value: $11.5 million This Design-Build project was constructed at the University of South Florida and houses the offices of the JMLC and USF ROTC programs; three lecture halls; a weapons simulator room; storage spaces for Army, Navy and Air Force ROTC; a Joint Cadet/Midshipmen lounge, a computer lab and library; and public meeting spaces. This is the most technologically advanced educational facility on the university campus. This four-story facility will provide an academically-structured, research-based, and values-driven program that educates, trains, and prepares military Officers and Service leaders for their leadership roles in the continuing transformation of America’s Armed Forces in the dynamic and challenging global environment. Hillsborough County New Medical Examiner’s Facility Tampa, FL Size: 32,000-sf Value: $11.9 million The Hillsborough County Medical Examiners Facility was constructed under a Construction Management at Risk Services agreement with a fixed GMP. The scope of work encompassed the construction of three separate facilities: Morgue, Administration, and Toxicology located on 10 acres with a stand alone mechanical yard, underground utilities, and perimeter detention ponds. The previous facility occupied by the Hillsborough Medical Examiners staff processed 55,000 medical cases per year. It’s anticipated that the newly constructed facility will allow the medical staff to double their output in cases per year. St. Nicholas Community Center Tarpon Springs, FL Size: 25,000-sf Value: $3.3 million This project consisted the construction of a new Community Center complete with sitework, asphalt parking lot, irrigation system with drip lines, and landscaping. Construction also entailed a complete multi-purpose hall/ banquet facility, full service industrial kitchen, regulation athletic gym, custom built fountain, and full service bar. St. Petersburg College Renovations Misc Collegewide Projects St. Petersburg, FL Size: Various Value: $1.5 million This project consisted of a construction management contract for renovation and maintenance work on various St. Petersburg College campuses. Work performed on this contract included the renovation of the indoor firing range, interior and exterior remodel work to the Allstate building, and classroom modifications. The scope of work included the coordination of routine construction in masonry, stucco, metal framing, gypsum board, flooring, mechanical, electrical and specialized work in firing range ceiling and wall baffles, target track systems, and computerized target controls. St. Petersburg College Clearwater Campus Phase II Clearwater, FL Size: Various Value: $7.3 million This contract included a series of design/build projects incorporating several renovations on the Clearwater Campus. The Chiller Plant and Yard, Site & Building - Chilled Water Loop, Natural Science Renovation, Social Science Building, Site Parking & Drainage GC / CM RELATED EXPERIENCE PROFESSIONAL EXPERTISE/COMPOSITION 57RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 GC / CM OTHER LOCAL PROJECT EXPERIENCE Hillsborough County Court Facilities Tampa, FL Size: 192,000-sf Value: $20.7 million West Pasco Judicial Center New Port Richey, FL Size: 115,000-sf Value: $16.8 million Pasco County Solid Waste Upgrades Dade City & Spring Hill, FL Size: N/A Value: $9.4 million Tarpon Springs Public Safety Facility Tarpon Springs, FL Size: 38,000-sf Value: $4 million Hillsborough County Fishhawk Sports Complex Tampa, FL Size: 68 acres Value: $8 million Mission Planning Center MacDill AFB, FL Size: 35,000 Value: $9 million Department of Veterans Affairs Relocate Regional Offices Bay Pines, FL Size: 180,000-sf Value: $21.5 million Ticket Level Renovations Tampa International Airport, FL Size: 180,000-sf Value: $14.1 million Largo City Hall and Police Station Renovation Largo, FL Size: 104,000-sf Value: $5.6 million PROFESSIONAL EXPERTISE/COMPOSITION 58RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Aviation Support Facility Clearwater, FL Size: 35,000-sf Value: $10.6 million Airport Rescue and Firefighting Facility Tampa International Airport, FL Size: 27,500-sf Value: $5 million New Port Richey Recreation Center New Port Richey, FL Size: 35,000 Value: $12.7 million J.D. Floyd Elementary School Spring Hill, FL Size: 39,100-sf Value: $8.8 million Dunedin Fine Arts Center Children’s Hands on Museum Size: 7,500-sf Value: $1.2 million Airport Radar Surveillance Tower Tampa International Airport, FL Size: 140 feet high Value: $4.3 million Southwest County Transfer Station Construction Palm Beach, FL Size: 45,000-sf Value: $26.6 million South County Transfer Station Expansion Gibsonton, FL Size: 68,000-sf Value: $19.3 million Pinellas County Job Corps Center St. Petersburg, FL Size: 166,000-sf Value: $26 million GC / CM OTHER LOCAL PROJECT EXPERIENCE PROFESSIONAL EXPERTISE/COMPOSITION 59RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 GC / CM LICENSE State of Florida Departmentof State I certify from the recordsof this office that J.KOKOLAKISCONTRACTING,INC.is a New Yorkcorporation authorizedtotransact business intheState ofFlorida,qualified onApril5,1988. The documentnumberof this corporation isP18703. Ifurther certifythatsaid corporationhaspaidallfees due this officethroughDecember31,2015,thatits most recent annualreport/uniformbusinessreportwasfiledonJanuary13,2015,anditsstatusisactive. Ifurther certifythatsaid corporation has notfiled a Certificate of Withdrawal. Given under my handandtheGreatSealoftheStateofFloridaatTallahassee,theCapital,thistheThirteenthdayofJanuary,2015 AuthenticationID:CC7685666342 Toauthenticatethis certificate,visitthefollowingsite,enterthisID,andthenfollowtheinstructionsdisplayed. https://efile.sunbiz.org/certauthver.html PROFESSIONAL EXPERTISE/COMPOSITION 60RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 ARCHITECTURAL PROJECT EXPERIENCE Hooter / Ron Jon Surf Shop Clearwater Beach, FL Size: 15,000-sf Value: $5 million This project consists of a new 3-story building on Mandalay Avenue in Clearwater Beach Florida. The building was constructed on a 0.185 acre which includes 5,000-sf for Ron Jon Surf Shop on the first floor and 10,000-sf for Hooters Restaurant on the second and third floors. Salty’s Island Bar & Grille Clearwater, FL Size: 4,000-sf Value: $1 million Remodeled 4,000 SF flood-proofed building on South Beach, Clearwater Beach, FL. Stirling Commons Dunedin, FL Size: 14,600-sf Value: $1.3 million Stirling Hall was originally built in 1965 and served as a Youth Center in the heart of Downtown Dunedin. The City built a much bigger Community Center leaving the Stirling Hall building abandoned for several decades and in serious decay. A total restoration to the two-story 14,600 s.f. facility is now home to twelve studios for the Dunedin Fine Arts Center on the second floor and seven retail spaces on the ground floor. J. Kokolakis Contracting was recognized by the Dunedin Chamber of Commerce for its support of the Fine Arts Center and the aesthetic transformation to the surrounding areas. Mahaffey Theater Expansion St Petersburg, FL Size: 2,000 seat theater Value: $17.9 million Major expansion of 2,000 seat theater for The Performing Arts. New lobbies, gathering areas, catering kitchen and concessions, and site master plan. Building opened April 2006. House of Beer & Marley’s Monster Grill Dunedin, FL Value: $700,000 Convert an existing warehouse building into a brewery, bar, and restaurant. 1ST LEVEL F.A.R.2ND LEVEL F.A.R. 2,312 S.F. 3,668 S.F. STARBUCKS 2,076 S.F. BEER COOLER (FOR UPSTAIRS)PATIO SEATING PATIOSEATING PATIO SEATING SERVICE STAIR SERVICEAREA MAINENTRY STORAGE (FOR UPSTAIRS) TOTAL F.A.R.5,980 S.F. SCALE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUED FOR: ARCHITECTURE INTERIOR DESIGN FL CORP. AA0002587 Robert J. Aude, AIA Aude Smith Architecture, Inc. AIAAll Rights Reserved C Copyright DATE: 748 BROADWAY, SUITE 202DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COM PLANNING AUDESMITH AIA FIRST LEVEL FLOORPLAN DD1 14-116 J.S. J.S. SH E L L B U I L D I N G 37 C A U S E W A Y B L V D CL E A R W A T E R B E A C H , F L O R I D A AS NOTED INITIAL LAYOUT 05.19.15 DD REV 1 05.20.15   PROFESSIONAL EXPERTISE/COMPOSITION 61RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Mugs ‘N Jugs Tarpon Springs, FL Value: $500,000 Convert existing retail space into full service restaurant and bar. Casa Tina’s Dunedin, FL Value: $240,000 Expansion into a vacant space next door. Increased bar area, created a gift shop, and provided additional bar seating. Roadhouse Grill Restaurants in Clearwater, Port Richey, Jensen Beach, Orlando, Titusville, FL and Atlanta, GA Value: $1.5 million Convert prototype interiors into ground up buildings with different site conditions. ARCHITECTURAL PROJECT EXPERIENCE 1ST LEVEL F.A.R.2ND LEVEL F.A.R. 2,312 S.F. 3,668 S.F. STARBUCKS 2,076 S.F. BEER COOLER (FOR UPSTAIRS)PATIO SEATING PATIOSEATING PATIO SEATING SERVICE STAIR SERVICEAREA MAINENTRY STORAGE (FOR UPSTAIRS) TOTAL F.A.R.5,980 S.F. SCALE: DRAWN BY: CHECKED BY: PROJECT NUMBER: ISSUED FOR: ARCHITECTURE INTERIOR DESIGN FL CORP. AA0002587 Robert J. Aude, AIA Aude Smith Architecture, Inc. AIAAll Rights Reserved C Copyright DATE: 748 BROADWAY, SUITE 202DUNEDIN, FLORIDA 34698 PHONE: 727-785-4441 WWW.AUDESMITH.COM PLANNING AUDESMITH AIA FIRST LEVEL FLOORPLAN DD1 14-116 J.S. J.S. SH E L L B U I L D I N G 37 C A U S E W A Y B L V D CL E A R W A T E R B E A C H , F L O R I D A AS NOTED INITIAL LAYOUT 05.19.15 DD REV 1 05.20.15   PROFESSIONAL EXPERTISE/COMPOSITION 62RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 RESTAURANT CONSULTANT PROJECT EXPERIENCE Partial Career Project and Client Listing * Splitsville: Downtown Disney Orlando, Tampa, Miami, Arlington, Dallas, Orlando and Chicago * TinaTapa’s: Tampa, Florida * steakHOUSE 316: Aspen, Colorado * Lexus: Prototype Dealership Development – Greenwood Village, Colorado * Mo’Ziki: Largo, Florida * The Lageschulte Social House: Ft. Lauderdale, Florida * Sugar and Plumm – Purveyors of Yumm: Concept Design – Paramus, NJ/Manhattan * Flying Pan: Multiple US locations * Chevy's / El Torito: Concept revisions nationally. * Boston Celtics Grille: Boston, Massachusetts * Italio: Orlando, Ft. Lauderdale, Boca Raton, Chicago. * Harmoni Market: Two Orlando locations * Washington Redskins Tavern: Loudoun County, Virginia * Milan’s: Boynton Beach, Florida * New York Jets Grill: Westbury, New York * Marker 92 and the Nauti Mermaid: Cape Coral, Florida * Muviville: Fredericksburg, King of Prussia, Naperville, Rosemont and Newport News * City Fire: Orlando and The Villages, Florida * Elvis Presley’s Memphis: Memphis, Tennessee * Del Frisco’s: New York, New York – Denver, Colorado – Las Vegas, Nevada – Dallas, Texas PROFESSIONAL EXPERTISE/COMPOSITION 63RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 * Pete and Shorty’s: Sugarland / Katy, Texas * Maggiano’s/Corner Bakery: Chicago; Oak Brook; Skokie, Illinois – Tyson’s Corner, Virginia * Doubletree Hotel Redevelopment: Huntsville, Alabama * Royal Pig Pub: Ft. Lauderdale, Florida * Sullivan’s Steakhouse: Austin, Indianapolis, Denver, Anchorage, King of Prussia, Chicago and Dallas * FoodLife/Mity Nice Grill: Chicago, Illinois * Marriott O’Hare/Concept Redevelopment: Prototype/Chicago, Illinois * J. Gilbert’s/Houlihan’s: Concept Development/McLean, Virginia – Cleveland, Ohio * Planet Ford: Houston, Texas * Your Pie: National Concept Redevelopment * Planet Dodge: Miami, Florida * Dan Marino’s: Miami and Orlando * Stump’s Supper Club/Howl at the Moon: Tampa, Florida * Hooters: Tampa, Clearwater, Clearwater Beach, New York City and Hollywood, Florida * Hooters Casino Hotel: Las Vegas, NV * Nona Blue: Orlando, Florida * R.J. Gators: Concept Redevelopment * Krispy Kreme: National Concept Redevelopment * Hooters Patrol 4: Yacht Design * McDonald’s Diner: National Concept Redevelopment * Morton’s of Chicago: National Concept Redevelopment * Bertolini’s: Las Vegas, Nevada – National Concept Redevelopment RESTAURANT CONSULTANT PROJECT EXPERIENCE PROFESSIONAL EXPERTISE/COMPOSITION 64RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 RESTAURANT CONSULTANT PROJECT EXPERIENCE * Mon Ami Gabi: Chicago; Oak Brook, Illinois and Las Vegas, Nevada * Eagle Ridge Inn and Resort: Galena, Illinois * California Pizza Kitchen: 15 Sites thru-out National Concept Redevelopment * Italian Kitchen: London, England * Stir Crazy Café: Oak Brook, Illinois/Concept Development * RedEye Grill: New York, New York * Brooklyn Diner: New York, New York * Dean and DeLuca: Overland Park, Kansas and Charlotte, North Carolina * Green Room/The Funny Bone: Pittsburgh, Pennsylvania * Martini Bar: St. Petersburg; Ft. Lauderdale, Florida and Las Vegas * Sloppy Joe’s/Howl at the Moon: Ft. Lauderdale, Florida * Courtyard by Marriott: Miami Lakes, Fl Concept Redevelopment * Ferrari/Maserati of Calabasas: Los Angeles, California * Einstein’s: National Concept Redevelopment * Pizza Hut/Tricon: National Concept Redevelopment * Big Easy: London, England * Chili’s/Macaroni Grill: National Concept Redevelopment * The Crepe Café: International Concept Redevelopment * Rhythm: Chicago, Illinois * Lucy’s Chocolate Factory: Concept Development * Big Bowl: Chicago, Illinois – National Concept Development Plus many other prominent national and local Hotel, Restaurant, Retail and Mixed-Use Projects. Plus many other prominent national and local Hotel, Restaurant, Retail and Mixed-Use Projects. Financials - Resources, Capital Funding, Demolition and New Building Infrastructure Costs, etc. 37 Causeway Boulevard LLC TA B 5 FINANCIAL CAPABILITY 65RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CASH FLOW ANALYSIS Financial Feasibility To determine the financial feasibility of the project it was analyzed separately as a real estate development business and a restaurant business. The project will have two restaurants occupying the building with Starbucks Coffee Company on the first floor and Ocean Draft on the second and third floors. The Starbucks Coffee Company will rent the first floor space with a triple net lease rate of $125,340 for the first year. The Ocean Draft restaurant will be occupying second floor and third floor with a triple net lease rate of $238,528 for the first year. With the triple net lease the tenants will be responsible for all real estate taxes, building insurance, maintenance, utilities and management. A separate construction phase and 10 year cash flow analysis has been performed on both the real estate development business and restaurant business to review the feasibility. An overall cash flow summary from both business will be presented below. The overall construction and tenant improvement cost is $3,159,255 with an additional soft cost and constructing loan cost of $101,000 for a total project development cost of $3,260,255. All Project Assumptions noted below include rent increases, loan information, down payments, tenant Improvement, and total construction cost. 37 Causeway Blvd. LLC Real Estate Development 10 Year Cash Flow Analysis Demo & Construction YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR Income 1 2 3 4 5 6 7 8 9 10 Landlord Rent Starbucks Lease -$125,340$127,847$130,404$133,012$135,672$138,385$141,153$143,976$146,856$149,793$ Ocean Draft Lease -$238,528$243,299$248,165$253,128$258,190$263,354$268,621$273,994$279,474$285,063$ Ocean Draft % Rent on Alcohol Sales -$70,400$72,800$75,272$77,818$80,441$83,142$85,924$88,790$91,742$94,782$ TOTAL Rent -$434,268$443,945$453,840$463,958$474,303$484,882$495,699$506,760$518,071$529,638$ TOTAL Sales Tax -$37,953$38,781$39,628$40,494$41,378$42,282$43,206$44,151$45,116$46,103$ Total CAM -$107,916$110,075$112,276$114,522$116,812$119,148$121,531$123,962$126,441$128,970$ Total Income -$ 580,137$ 592,801$ 605,744$ 618,973$ 632,493$ 646,312$ 660,436$ 674,872$ 689,628$ 704,710$ OPERATING EXPENSES Land Rent to City -$120,000$122,400$124,848$127,345$129,892$132,490$135,139$137,842$140,599$143,411$ RENT - Percentage Alcohol > $120k - 8% Percent Rent to City -$70,400$72,800$75,272$77,818$80,441$83,142$85,924$88,790$91,742$94,782$ Total Annual Rent to the City - Land and Alcohol -$190,400$195,200$200,120$205,163$210,333$215,632$221,064$226,632$232,341$238,193$ Total Sales Tax -$37,953$38,781$39,628$40,494$41,378$42,282$43,206$44,151$45,116$46,103$ TOTAL EXPENSES 33,500$107,916$110,075$112,276$114,522$116,812$119,148$121,531$123,962$126,441$128,970$ Construction Loan Debt Service (Interest Only)67,500$ Down Payment 1,105,739$ Debt Service (Princ / Int)155,899$155,899$155,899$155,899$155,899$155,899$155,899$155,899$155,899$155,899$ Debt Reduction (Loan Payoff)1,253,546$ Total Operating Expense 101,000$ 1,597,907$ 499,955$ 507,923$ 516,077$ 524,421$ 532,961$ 541,700$ 550,643$ 559,796$ 1,822,710$ Real Estate Development Net Cash Flow (101,000)$(1,017,770)$92,847$97,822$102,896$108,072$113,351$118,736$124,229$129,832$(1,118,000)$ FINANCIAL CAPABILITY 66RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 PROJECTION ASSUMPTIONS 37 Causeway Blvd. LLC Real Estate Development Projection Assumptions 1 Rent growth rate increase - per year 2.00% 2 Percent rent to City = 8% of alcohol sales above $10,000 per month 3 Construction Cost 2,859,255$ 4 Tenant Improvement 300,000$ 5 Total Construction & Tenant Improvement Cost 3,159,255$ 6 Down Payment 1,105,739$ 35% 7 Loan Amount 2,053,516$ 65% 8 Loan Term 10 Years 9 Loan Amoratizaiton Period 20 Years 10 Loan Interest Rate 4.50% FINANCIAL CAPABILITY 67RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CASH FLOW ANALYSIS Ocean Draft 10 Year Cash Flow Analysis YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR 1 2 3 4 5 6 7 8 9 10 Sales Food & Non-Alcoholic Bev $4,000,000 $4,120,000 $4,243,600 $4,370,908 $4,502,035 $4,637,096 $4,776,209 $4,919,495 $5,067,080 $5,219,093 Alcoholic Bev 1,000,000 1,030,000 1,060,900 1,092,727 1,125,509 1,159,274 1,194,052 1,229,874 1,266,770 1,304,773 Total Sales $5,000,000$5,150,000$5,304,500$5,463,635$5,627,544$5,796,370$5,970,261$6,149,369$6,333,850$6,523,866 Total Cost of Sales $1,612,500 $1,660,875 $1,710,701 $1,762,022 $1,814,883 $1,869,329 $1,925,409 $1,983,172 $2,042,667 $2,103,947 Total Gross Profit $3,387,500 $3,489,125 $3,593,799 $3,701,613 $3,812,661 $3,927,041 $4,044,852 $4,166,198 $4,291,184 $4,419,919 Payroll Expenses Hourly labor $1,000,000 $978,500 $1,007,855 $1,038,091 $1,069,233 $1,101,310 $1,134,350 $1,168,380 $1,203,432 $1,239,535 Management 360,000 362,250 364,568 366,955 369,413 371,946 374,554 377,241 380,008 382,858 Payroll Taxes, Work Comp 212,500 218,875 225,441 232,204 239,171 246,346 253,736 261,348 269,189 277,264 Total Labor Costs $1,572,500 $1,559,625 $1,597,864 $1,637,250 $1,677,817 $1,719,602 $1,762,640 $1,806,969 $1,852,628 $1,899,657 Operating Expenses $703,103 $721,778 $741,013 $760,826 $781,232 $802,251 $823,901 $846,200 $869,168 $892,825 CONTROLLABLE INCOME $1,111,897 $1,207,722 $1,254,922 $1,303,537 $1,353,612 $1,405,188 $1,458,312 $1,513,029 $1,569,388 $1,627,437 RENT EXPENSE 238,528 243,299 248,165 253,128 258,190 263,354 268,621 273,994 279,474 285,063 Rent - sales tax 16,697 17,031 17,372 17,719 18,073 18,435 18,803 19,180 19,563 19,954 RENT (1)255,225$260,329$265,536$270,847$276,264$281,789$287,425$293,173$299,037$305,017$ RENT - Percentage Alcohol > $120k 70,400 72,800 75,272 77,818 80,441 83,142 85,924 88,790 91,742 94,782 % Rent - sales tax 4,928 5,096 5,269 5,447 5,631 5,820 6,015 6,215 6,422 6,635 RENT - Percent Rent to City (2)75,328 77,896 80,541 83,265 86,072 88,962 91,939 95,005 98,164 101,417 RENT - common area maintenance 89,880 91,678 93,511 95,381 97,289 99,235 101,219 103,244 105,309 107,415 TAXES - Real / Tangible / Other 16,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 Management Fees (3)250,000 257,500 265,225 273,182 281,377 289,819 298,513 307,468 316,693 326,193 Advertising 150,000 154,500 159,135 163,909 168,826 173,891 179,108 184,481 190,016 195,716 Insurance 75,000 77,250 79,568 81,955 84,413 86,946 89,554 92,241 95,008 97,858 Debt Service (4)169,607 169,607 169,607 169,607 169,607 169,607 169,607 0 0 0 Pre-Opening Expenses (5)150,000 0 0 0 0 0 0 0 0 0 Total Other Operating Expenses $1,231,540 $1,100,260 $1,124,623 $1,149,646 $1,175,348 $1,201,748 $1,228,865 $1,087,112 $1,115,725 $1,145,116 Restaurant Cash Flow ($119,643)$107,462$130,299$153,892$178,264$203,440$229,447$425,917$453,663$482,321 Downpayment - buildout costs (300,000) Working Capital (50,000) Capital Expenditures:(25,000)(15,000)(15,000)(15,000)(50,000)(15,000)(15,000)(15,000)(15,000)(100,000) Net Cash Flow (494,643)92,462115,299138,892128,264188,440 214,447410,917438,663382,321 FINANCIAL CAPABILITY 68RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CASH FLOW ANALYSIS 37 Causeway Blvd. LLC Real Estate Development & Ocean Draft 10 Year Cash Flow Analysis Demo & Construction YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR Income 1 2 3 4 5 6 7 8 9 10 Real Estate Devlopment Cash Flow (101,000)$(1,017,770)$(1) 92,847$97,822$102,896$108,072$113,351$118,736$124,229$129,832$(1,118,000)$(3) Ocean Draft Cash Flow (494,643)$(2) 92,462$115,299$138,892$128,264$188,440$214,447$410,917$438,663$382,321$ Total Net Cash Flow (101,000)$ (1,512,413)$ 185,309$ 213,121$ 241,788$ 236,336$ 301,792$ 333,183$ 535,146$ 568,495$ (735,679)$ Notes: (1) Includes Loan Down Payment $1,105,739 (2) Includes Restaruant Build Out Down Payment $300,000 (3) Includes Paying off the loan $1,253,546 FINANCIAL CAPABILITY 69RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 REFERENCES / CREDIT REPORT JOSEPH J. KOKOLAKISWells Fargo Bank N.A. George C. Flynn, SVP - Commercial Banking Group george.flynn@wellsfargo.com 813-225-4314 Wells Fargo Bank 100 S. Ashley Dr. suite 1000 Tampa, FL 33602 USAmeribank Jeanette Renfrow, Sr. Vice Pres. / Retail Branch Manager jrenfrow@usameribank.com (727) 445-6714 1617 Gulf to Bay Blvd Clearwater, FL 33755 Synovus Bank of Florida Stephanie Gallace, Commercial Lending Assistant StephanieGallace@synovusbankfl.com (727) 451-4349 333 3rd Ave N. St. Petersburg, FL 33701 FINANCIAL CAPABILITY 70RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CPA LETTER FINANCIAL CAPABILITY 71RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 BANK LETTER FINANCIAL CAPABILITY 72RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 BANK LETTER FINANCIAL CAPABILITY 73RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 PREVIOUS FINANCIAL COMMITMENTS Entity Property Real Estate Loans Properties Developed Financing Source Effective Date Commitment Current Status 200 Main Street, LLC Dunedin, FL Victoria Place, LLC (Leasing Office)Synovus 2011$1,000,000$0 600 Missouri Avenue, LLC Missouri Avenue N., Largo, FL Dunkin Donuts Synovus 2012$630,000$500,000 Stirling Commons of Dunedin, LLCBroadway, Dunedin, FL Multiple Retail, Restaurant & Office Suites Synovus 2010$1,400,000$1,300,000 Fowler Avenue, LLC Nebraska Avenue, Tampa, FL Family Dollar, ACE Cash Express, Speedway USAmeribank 2012$1,500,000$1,300,000 912 Franklin Street, LLC Franklin Street, Tampa, FLOffice Building USAmeribank $300,000 PV-JK Clearwater Beach, LLCE. Shore, Clearwater Beach, FL Walgreens USAmeribank 2012$7,000,000$0 4599 66th Street, LLC 66th Street, Kenneth City, FL Dunkin Donuts Wells Fargo 2013$620,000$0 387-391 Mandalay Avenue, LLC Mandalay, Clearwater, FLMultiple Retail, Restaurant & Office SuitesWells Fargo 2012$3,500,000$3,100,000 FINANCIAL CAPABILITY 74RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CONSTRUCTION COST ESTIMATE Description Budget Design Architectural Fees $144,000 Engineering $40,000 General Requirements General Conditions $291,452 Site General Conditions $141,509 Site Work Demolition $15,000 Asbestos Testing $850 Soil Treatment $950 Site Work, Curbs, Paving $31,500 Landscape & Irrigation $5,000 Exposed Shell Sidewalk Replacement $3,000 Piles $150,000 Dewatering $17,500 Concrete Concrete $270,000 Masonry Masonry $200,000 Structural Steel Structural Steel $125,000 Aluminum Railings/Stair Railings $95,700 Dumpster Gate/Steel Gate Post $6,000 Bollards $800 Carpentry Rough Carpentry - Blocking $5,650 Thermal & Moisture Protection Roofing (incl gutters & downspouts)$45,000 Deck Coating & Sealants $35,320 Spray on Fireproofing $9,125 Ocean Draft Restaurant37 Causeway Blvd.Construction Cost Estimate FINANCIAL CAPABILITY 75RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 CONSTRUCTION COST ESTIMATE Doors & Windows Aluminum Entrance/Storefronts 2nd and 3rd floor $49,795 Flood Proofing Panels $100,000 Doors & Hardware $16,750 Finishes Furring/Drywall/Insulation/Acoustical Ceiling $50,161 Paint & Sealants $13,253 Stucco $96,000 Wall and Ceiling Covering $5,069 Tile, VCT, Polished Concrete, Vinyl Plank, & Quarry Tile $27,142 FRP at Kitchen Walls $6,031 Specialities Building Interior Signage (ADA)$600 Awnings $60,000 Toilet Partition, Bath Access and Fire Extinguishers $8,621 Furnishings Cooler, Furniture, Equipment By tenant Conveying Systems Elevator $70,000 Mechanical Plumbing, Gas and Grease Traps $95,000 HVAC $182,730 Fire Sprinklers (Includes Design)$42,155 Electrical Electric and Fire Alarm $246,550 Subtotal $2,703,214 Contractor Fee $156,041 $2,859,255 Compensation to the City 37 Causeway Boulevard LLC TA B 6 76 COMPENSATION TO THE CITY 76RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Proposed Monthly Rental Payments: Basic Rent Proposer shall enter into a Ground Lease with the City of Clearwater and hereby agrees to pay annual rent (“Basic Rent”) in equal monthly installments during the 30 year Term of this Lease in the amounts set forth below. Such payments of Rent shall commence on the Rent Commencement Date and continue thereafter to be paid in advance on the first day of each month during the Term. The initial Term of the proposed Ground Lease shall commence on the date which is the earlier of (i) Ten (10) days after Proposer receives all permits for construction; or (ii) June 1, 2016, (the “Commencement Date”). Rent shall begin to accrue on the date which is the earlier of (i) One Hundred and Eighty days after the Commencement Date; or (ii) The date upon which the Proposer commences to do business with the public. RENT SCHEDULE for the proposed Lease by and between the City of Clearwater (“Landlord”), and 37 Causeway Boulevard, LLC (“Tenant”) is set forth below. The Basic Rent payable each month of the first Lease Year years, commencing on the Rent Commencement Date, shall be Ten Thousand Dollars, ($10,000.00). The monthly basic rent for the second (2nd) through thirtieth (30th) lease years shall be the greater of: (i) 102% of the monthly basic rent during the initial term of the Lease; or (ii) the latest yearly percent increase in the Finished Goods Producer Price Index-Commodities (PPI-Commodities). The annual increase shall be based upon the latest index published and available ninety (90) days prior to the end of the Lease year then in effect and compared to the index for the same month one (1) year prior. Accordingly, Proposer offers to pay the City of Clearwater minimum Basic Rent as set forth in the following schedule: Revenue Share Rent: Percentage Rent on Alcohol Sales Proposer offers to pay the City of Clearwater a Percentage Rent of eight percent (8%) of monthly gross alcoholic sales exceeding $10,000.00 per month throughout the term of the Ground Lease By the 20th day of each calendar month, Proposer shall provide the City with a written statement setting forth: (i) the amount of Gross Alcohol Sales made during the immediately preceding calendar month; (ii) the cumulative aggregate amount of Gross Alcohol Sales made during such prior calendar or partial Lease year; and the aggregate percentage rent calculated and due for such full or partial calendar month; and (v) a check for the percentage rent due for such prior full or partial calendar month. Proposer’s Sales Projections anticipate the annual amount of Gross Alcohol Sales to be One Million Dollars ($1,000,000) for the first year with a projected annual increase of 3%. As such, the annual amount of Percentage Rent is estimated at Seventy Thousand Dollars ($70,000) for year one (1) and increase to One Hundred Seventy Nine Thousand Dollars ($179,000) for year Thirty (30). While the monthly amounts may vary due to the seasonal nature of the establishment, we are projecting a first year monthly average approximately Six Thousand Dollars ($6,000) in Percentage Rent on Alcohol Sales and increasing by 3% per year totaling Fifteen Thousand Dollars ($15,000) on year Thirty (30). 77 COMPENSATION TO THE CITY 77RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 (1)(2) MonthlyAlcohol Yearly Year Rent Sales Rent 1 $10,000 $5,867 $190,400 2 $10,200 $6,067 $195,200 3 $10,404 $6,273 $200,120 4 $10,612 $6,485 $205,163 5 $10,824 $6,703 $210,333 6 $11,041 $6,928 $215,632 7 $11,262 $7,160 $221,064 8 $11,487 $7,399 $226,632 9 $11,717 $7,645 $232,341 10$11,951 $7,898 $238,193 11$12,190 $8,159 $244,193 12$12,434 $8,428 $250,344 13$12,682 $8,705 $256,650 14$12,936 $8,990 $263,115 15$13,195 $9,284 $269,745 16$13,459 $9,586 $276,542 17$13,728 $9,898 $283,511 18$14,002 $10,219 $290,657 19$14,282 $10,550 $297,984 20$14,568 $10,890 $305,498 21$14,859 $11,241 $313,203 22$15,157 $11,602 $321,104 23$15,460 $11,974 $329,206 24$15,769 $12,357 $337,515 25$16,084 $12,752 $346,036 26$16,406 $13,159 $354,775 27$16,734 $13,577 $363,737 28$17,069 $14,009 $372,929 29$17,410 $14,453 $382,357 30$17,758 $14,910 $392,027 Total Rent $8,386,203 (1)Rent increase 2% per year or PPI Commodities. (2)Projected $1M in alcohol sales with 3% increase per year. Flat rate of 8% of alcohol sales exceeding $10k/mo to the City as rent. Ocean Draft Restaurant37 Causeway Blvd.Projected Rent Schedule 78 COMPENSATION TO THE CITY 78RESTAURANT DEMOLITION, CONSTRUCTION, OPERATION, AND MAINTENANCE - RFQ #20-15 Property Improvements: Improvement Value Proposer estimates that the value of the property shall increase significantly as a result of the proposed improvements. We anticipate construction of a 13,642sf, three-story structure that contains 9,425 of rentable square feet. The valuation of income producing real estate lends itself to application of three traditional approaches to value. 1) The Replacement Cost Approach; 2) The Sales Comparison Approach; and 3) The Income Capitalization Approach. 1. Replacement Cost: This technique is most applicable when appraising relatively new or proposed construction with a limited amount of accrued depreciation. Our current estimate for the cost of construction is in the table provided in Tab 5 “Construction Cost Estimate”. Analyzing the relationship between that value and the cost as perceived by an investor involves estimating a number of individual components such as entrepreneurial profit and the amount of accrued depreciation. Using the Replacement Cost method, we value the improvements at $2,859,255. 2. Sales Comparison Approach: A review of similar properties which were recently sold, contracted, or listed for sale on Clearwater Beach establishes a “per building square foot” sales value of $519.33. This PSF value represents an amount that the property could command in the event of an outright sale. A Sales Comparison analysis would, therefore, value the new 9,425 sf improvement at $4,894,679. 3. The Income Capitalization Approach: Based upon the premise that revenue considerations are the primary focus of investors in income producing properties, this method is often the most reliable. In formulating a value utilizing this method, we analyze income, expenses and the rate of return required by an investor in the prevailing market. Once the net income is established, it is then converted to a value via the capitalization process. Based upon the proposed terms of the Ground Lease, a net income of over Twenty Thousand Dollars ($20,322) per month, and over Two Hundred and Forty Three Thousand Dollars ($243,868) per year can be projected. A conservative market rate of return for income producing property with nationally recognized tenants is currently six percent (6%). As such, the capitalized value of the fully leased improvements at a 6% rate of return would be estimated at $4,145,756. In light of the above, we estimate that the Improvement Value that will ultimately benefit the City of Clearwater can be currently estimated at Thirteen Million Dollars (13,000,000). Building Construction Cost $2,859,255 Tenant Improvement Starbucks $100,000 Tenant Improvement Ocean Draft $200,000 Build Out Costs Starbucks $300,000 Build Out Costs Ocean Draft $1,300,000 Total Projected Rent by City $8,386,203 Total Improvement Value $13,145,458 Ocean Draft Restaurant 37 Causeway Blvd. Total Improvement Value Other Forms 37 Causeway Boulevard LLC TA B 7 EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note - Any material exceptions taken to the City's Terms and Conditions may render a Proposal non-responsive. _ __ No exceptions _X__ Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): _x __ No additional materials have been included with this proposal ___ Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City's website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number #1 dated May 20, 2015 Vendor Name 37 Causeway Boulevard LLC Restaurant Development Date: __ Ju_n_e_3_, 2_0_1_s ___ _ 28 RFP #20-15 Exceptions/Clarifications 1. Proposal does not include any environment remediation of any kind to include soil, subsurface, structure and building components. 2. Excludes any environmental testing other than building asbestos testing. 3. The Project has received preliminary approval for the first standalone Starbucks location on Clearwater Beach. Nothing, however, can be finalized until the site is secured and leases executed with the corporate office. 79 VENDOR INFORMATION Restaurant Development 29 RFP #20-15 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above):Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone:E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone:E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: 37 Causeway Boulevard LLC 107 Hampton Road, Suite 200 Clearwater FL 33759 727-725-2551 727-725-4717 Neil.kiefer@originalhooters.com Joseph J. Kokolakis 727-942-2211 727-937-5708 jkokolakis@jkokolakis.com Joseph J. Kokolakis 727-942-2211 727-937-5708 jkokolakis@jkokolakis.com Applied for www.originalhooters.com 80 81 82 Hooters / Ron Jon Surf Shop Clearwater Beach, FL Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1632 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) in the amount of $168,000 to TSO Mobile, Inc., Miami, FL for vehicle GPS tracking devices and software services; approve an increase of $54,000 in Purchase Order BR510269, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has used TSO Mobile, Inc. as a vehicle GPS solution for the past 8 years. Recent increases in the number of unit installations (additional 120 units in last year), combined with changes in purchasing from ‘by department annually’ to ‘enterprise-wide annually’ will necessitate a rebid of these services this coming year. The City currently has 432 GPS units in use across 11 different field operations. The contract is a one-year agreement during which time a Request for Proposal will be issued and a service provider selected for a new 3-5 year contract (TSO Mobile will be eligible to bid). GPS tracking allows managers of field operations to improve efficiencies in the deployment of field resources and personnel as well as response to critical needs and emergencies. Due to new fleet vehicle installations in May through June, an additional $54,000 is needed in the current fiscal year Purchase Order BR510269, for a revised total of $144,000. APPROPRIATION CODE AND AMOUNT: Funds are budgeted in the Information Technology operating budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 Initial Tracking Solutions Corporation Professional Services Agreement This Agreement is made on this ___________________, by and between Tracking Solutions Corp located at 7791 NW 46 Street Suite 306, Doral, FL 33166, USA and City of Clearwater located at 1900 Grand Ave. Clearwater, FL 33765, USA Information Tracking Solutions Corp. Collects to Provide the Services. A person who purchases the Services (a “Customer”) must provide his or her name, address, telephone numbers, email address, and payment card information (“Personal Information”) to Tracking Solutions Corp. to activate the Services. Customers must promptly notify Tracking Solutions Corp. of any changes to such Personal Information. Tracking Solutions Corp. may also receive other information about a Customer, such as credit information, from other sources. Tracking Solutions Corp. will consider any such additional information about a Customer as Personal Information. When the Services are being used, Tracking Solutions Corp. periodically collects GPS coordinates that show the location of the, vehicle, or item that Customer chooses to track using the Services (“Location information”). Tracking Solutions Corp. or its contractors retain Location information on their servers. Location information regarding Services performed for each Customer is linked to the Personal Information of that Customer. A Customer’s Personal Information will be retained for as long as the Customer receives the Services and for any period during which there is a dispute between the Customer and Tracking Solutions Corp. Location information will be retained for each Customer for a period that Tracking Solutions Corp. will decide in its sole discretion. Customers may suspend the collection of Location information by turning off the Advanced GPS Device that Tracking Solutions Corp. uses to provide the Services. Customers may terminate the collection of Location information by terminating the Customer Agreement, as described in that agreement. Tracking Solutions Corp. may remove data that identifies any specific Customer from Personal and Location information and combine such data to create “Aggregate Information.” Such anonymized Aggregate Information is not Personal or Location information. Information Tracking Solutions Corp. Collects from the Web Site. When Customers and others visit the Web site, Tracking Solutions Corp. collects the visitor’s IP address (the unique set of numbers used to identify the visitor’s computer), and his or her registered domain or home server. Tracking Solutions Corp. also collects information pertaining to the visitor’s operating system, browser version, referring site, and keywords used to locate the Web site. Tracking Solutions Corp., its contractors and other third parties that help Tracking Solutions Corp. provide the Services or the Web site (“Tracking Solutions Corp.’s agents”) may use “cookies” to improve visitors’ experience at the Web site. A “cookie” is a small file placed on a Web site visitor’s computer hard drive that identifies the computer and data about the visit so that, when the visitor returns to the site, the site recognizes the visitor, which allows Tracking Solutions Corp. to tailor its site to the visitor. Cookies do not contain personally identifiable information but may be linked to Personal Information that visitors provide to Tracking Solutions Corp. Advertisers that place ads on the Web site may use their own cookies. Any information collected by advertisers is not subject to this Privacy Policy. Tracking Solutions Corp. may use Web beacons, also known as “Web bugs.” Web beacons are typically small (1x1 pixel) graphic files placed on Web pages and other electronic documents that are often the same color as the background of Web page or other file. Web beacons can collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from, and the time the Web beacon was viewed. Tracking Solutions Corp. does not place Web beacons that link to Personal Information on other sites, nor does Tracking Solutions Corp. permit third parties, other than those working on Tracking Solutions Corp.’s behalf, to place them on Tracking Solutions Corp.’s site. Tracking Solutions Corp. may use Web beacons on the Tracking Solutions Corp. Web site and may link a particular beacon to Personal Information. If a visitor requests information or orders products or services from Tracking Solutions Corp. by sending Tracking Solutions Corp. an e- mail or by filling out a registration form on the Web site, Tracking Solutions Corp. may save the visitor’s e-mail address and any other information that the visitor provides. This information may be used by Tracking Solutions Corp. to provide services or products the visitor requests and to contact the visitor in the future by mail, by e- mail, or by phone to convey information about Tracking Solutions Corp.'s services. Such information also allows Tracking Solutions Corp. to respond to visitors’ inquiries concerning career opportunities at Tracking Solutions Corp. Visitors will always be provided with the option not to be contacted or to unsubscribe if they register with the site. Initial How to Access and Correct Information Obtained by Tracking Solutions Corp. A Customer may obtain a copy of the Personal Information and the information collected from the Web site that Tracking Solutions Corp. has regarding that Customer by emailing a request for a copy of that information to support@TSOmobile.com or by sending a letter to 7791 NW 46thStreet, Suite 306 Doral, FL 33166 USA. Tracking Solutions Corp. will make a good faith effort to mail the information to the Customer at the address previously provided by the Customer if Tracking Solutions Corp. is supplied with sufficient information to allow it to confirm the identity of the person making the request. If any of the information regarding the Customer is inaccurate, the Customer may send corrected information and a request that Tracking Solutions Corp. correct its records to support@TSOmobile.com . Tracking Solutions Corp. will make the correction if Tracking Solutions Corp. is supplied with sufficient information to allow it to confirm the identity of the person making the request. How Information Is Secured. Tracking Solutions Corp. uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal and location information. For example, location information transmitted from Devices to Tracking Solutions Corp. is coded; access to Personal Information is limited to Tracking Solutions Corp. and contractor personnel who need the information to provide the Services; and Tracking Solutions Corp. uses and requires its contractors to use technical measures to guard against unauthorized access to Personal and location information. Tracking Solutions Corp. also requires Customers to use user identification and passwords to access Personal and location information. Similarly, when visitors to the Web site conduct payment card transactions with Tracking Solutions Corp., Tracking Solutions Corp. uses procedures required by the Payment Card Industry Data Security Standards. Tracking Solutions Corp. cannot, however, guarantee the security of any Personal or Location information, or information collected from the Web site. Despite Tracking Solutions Corp.’s efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of Tracking Solutions Corp.’s physical, technical, and procedural safeguards. Customers use the Services and visitors use the Web site at their own risk. If Tracking Solutions Corp. learns that a Customer’s Personal or location information has been disclosed to an unauthorized person, Tracking Solutions Corp. will attempt to notify the Customer. How Tracking Solutions Corp. Uses Customers’ and Web site Visitors’ Information. Tracking Solutions Corp. uses each Customer’s Personal and location information to provide Services to that Customer. Tracking Solutions Corp. does not collect information of any kind other than to provide such Services. Tracking Solutions Corp. does not share, sell, or rent any Personal or Location information or information collected from the Web site to any third parties, other than to Tracking Solutions Corp.’s agents, and does not intend to do so in the future. Right to opt-out: Any Customer who does not want Tracking Solutions Corp. to share, sell, or rent any Personal or Location information or information collected from the Web site to any third parties, other than Tracking Solutions Corp.’s agents has the right to opt-out of such potential information sharing. To request that such information not be shared, a Customer should either send an email to support@TSOmobile.com or send a letter to Tracking Solutions Corp., Customer Care 7791 NW 46th Street, Suite 306 Doral, FL 33166 USA. Tracking Solutions Corp. may share Personal Information, Location information, and information collected from the Web site with Tracking Solutions Corp.’s agents, corporate affiliates, or advisors who help Tracking Solutions Corp. operate and improve its business. Tracking Solutions Corp. has entered into written agreements with its agents, corporate affiliates, and advisors to which it discloses Personal Information, Location information, and information collected from the Web site that requires them to adhere to pertinent provisions of this Privacy Policy and the Safe Harbor Principles issued by the U.S. Department of Commerce, which are available at http://www.export.gov/safeharbor/SH_Privacy.asp. Tracking Solutions Corp. also prohibits its agents, corporate affiliates, and advisors from using any information disclosed to them by Tracking Solutions Corp. for purposes other than implementing Tracking Solutions Corp.’s instructions. Tracking Solutions Corp. may use Aggregate Data to analyze how Customers use the Services to determine ways in which Tracking Solutions Corp. can improve the Services and to consider offering new services to Customers. Tracking Solutions Corp. may also use information collected from the Web site to analyze traffic to the Web site to determine how to improve the site. Tracking Solutions Corp. may also use information from a Web beacon to ensure that a Customer can move between Tracking Solutions Corp.’s technical assistance Web page, the Customer service page, and Tracking Solutions Corp.’s online store and still be recognized as the same Customer. Tracking Solutions Corp. may use or disclose Personal and location information and information collected from the Web site: to comply with applicable laws; to protect the rights and property of Tracking Solutions Corp. or others; to protect a person’s safety; to prevent abuse; as evidence in legal proceedings; to cooperate with properly authorized law enforcement investigations; and in response to subpoenas from third parties. Tracking Solutions Corp. will use good faith efforts to promptly notify a Customer of any subpoena that seeks any of the Customer’s Personal or Location information to enable the Customer to seek to quash the subpoena. Finally, Tracking Solutions Corp. may disclose or sell Personal Information and information collected from the Web site as an asset in conjunction with the sale of Tracking Solutions Corp. to a third party or in conjunction with the sale of a portion of Tracking Solutions Corp.’s assets. Initial Children’s Information Tracking Solutions Corp. recognizes the importance of protecting the privacy of children. Tracking Solutions Corp. will not knowingly collect any personally identifiable information from children. Personal Information collected from a Customer must be information from an adult. Consistent with the Children’s Online Privacy Protection Act, the Web site is not directed to children under the age of thirteen. When a visitor to the Web site discloses information on the Web site, the visitor represents that he or she is an adult. If a child visits the Web site and provides his or her personally identifiable information, Tracking Solutions Corp. will delete that child’s information from its records at the request of the child’s parent or guardian. Information Collected by Others This Privacy Policy addresses only the policy and procedures of Tracking Solutions Corp. Tracking Solutions Corp. is not responsible for the privacy policies of third parties, including but not limited to those whose web sites may be linked to the Tracking Solutions Corp. Web site. Verification Tracking Solutions Corp. has self-assessed that its Privacy Policy conforms to EU Safe Harbor principles regarding personal information received from the EU. Enforcement If a Customer believes that his or her rights as described in this Privacy Policy have been violated by Tracking Solutions Corp., the Customer should email Director of Customer Care at support@TSOmobile.com or send a letter to Tracking Solutions Corp., Director of Customer Care at 7791 NW 46th Street, Suite 306 Doral, FL 33166 USA. Tracking Solutions Corp. will attempt to resolve Customer complaints as quickly as possible. If Tracking Solutions Corp. is unable to resolve a Customer’s complaint regarding an alleged violation of this Privacy Policy, the Customer may file a complaint with the Data Protection Authority for the country in which the customer lives. Amendments to this Privacy Policy Tracking Solutions Corp. reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Privacy Policy, in whole or in part, at any time. Tracking Solutions Corp. will include such Amendments on the version of this Policy that is posted on Tracking Solutions Corp.’s Web site (www.TSOmobile.com ) and will notify Customer by e- mail that the Policy has been amended. Amendments to the Policy will take effect immediately upon being posted to the Web site. Customer’s continued use of the Services after Tracking Solutions Corp. posts an Amendment constitutes Customer’s acceptance of and consent to the Amendment. If Customer does not accept such an Amendment, Customer must notify Tracking Solutions Corp. within 30 days after Tracking Solutions Corp. notifies Customer of the Amendment that Customer has elected to terminate the Services rather than accept the Amendment. Tracking Solutions Corp. will not charge Customer a termination fee if Customer terminates the Services as described in this paragraph. Contact Us For more information about our Privacy Policy and practices, e-mail us at support@TSOmobile.com or call 1-877-477- 2922 By using the Services or the Web site, you acknowledge that you have read and accepted this Privacy Policy. If you do not accept this Privacy Policy, please do not use the Services or the Web site. Master Agreement Initial 1. This Is an Enforceable Legal Agreement. This Customer Agreement (“Agreement”) states the terms and conditions pursuant to which Tracking Solutions Corporation agrees to provide Customers with certain location-based services (the “Services”). By clicking on the box on the Trackingsolutionsonline.com Web site Activation page that is next to the statement “I have read and agree to the terms and conditions of the Customer Agreement,” Customer agrees to be bound by the terms and conditions stated in this Agreement. Customer also agrees to the terms and conditions of this Agreement by paying for and using the Services. If Customer does not agree to the terms and conditions of this Agreement, Customer may not access or otherwise use the Services. Certain aspects of the Services utilize Google maps. For additional information, including terms of use, visit http://maps.google.com/help/terms_maps.html , also certain service might include products from Garmin Ltd, for additional information including terms of use and privacy statement, visit http://www8.garmin.com/privacy/terms.html , http://www8.garmin.com/privacy/ . 2. Customer Agrees that Tracking Solutions Corp. May Monitor, Collect, Use, Communicate, Retain, and Disclose Location Information. 2.1. Customer agrees that Tracking Solutions Corp. may use data from a Tracking Solutions Corp. global positioning satellite locator (the “Device”), which Customer must purchase separately, together with Tracking Solutions Corp.’s location tracking and communication technologies, to monitor and collect global positioning satellite (“GPS”) coordinates showing the location of the vehicle, or item (such as a bicycle, briefcase, luggage, backpack, etc.) chosen by Customer (“Location Information”). The direct tracking of people is prohibited. The Federal Communications Commission and the Federal Aviation Administration regulations prohibit use of the Device on commercial aircraft, including in checked baggage. 2.2. Customer agrees that Tracking Solutions Corp. will monitor and collect Location Information through communication technologies and networks chosen by Tracking Solutions Corp. 2.3. Customer agrees that Tracking Solutions Corp. may communicate Location Information to Customer through communication technologies and networks chosen by Tracking Solutions Corp. or, at Customer’s request, Tracking Solutions Corp. may communicate Location Information to Customer in part through communication technologies and networks chosen by Customer, as when Customer chooses to receive Location Information from Tracking Solutions Corp. through Short Message Service (“SMS”) messages sent to Customer’s mobile phone if service available. 2.4. Customer agrees that Tracking Solutions Corp. may use, retain, and disclose Location Information as described in this Agreement and in Tracking Solutions Corp.’s Privacy Policy, available at http://www.TSOmobile.com/ on Privacy Policy (the “Privacy Policy”), which is incorporated by reference in this Agreement. 3. Customer Is Prohibited From Using the Services for Illegal Purposes. Customer shall not use, and shall not allow any person to use, the Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortious or illegal purpose, including but not limited to harassing, slandering, defaming, or improperly conducting surveillance of any person. 4. Customer Agrees to Certain Warranties. Customer warrants to Tracking Solutions Corp. that: 4.1. Customer will use the Services only as provided in this Agreement; 4.2. Customer is at least 18 years old and has the right or has obtained any required authorization (a) to monitor the location of the, vehicle, or item chosen by Customer, and (b) to agree that Tracking Solutions Corp. may monitor, collect, use, communicate, retain, and disclose Location Information as described in this Agreement; 4.3. Any information Customer provides or discloses to Tracking Solutions Corp. will be accurate, complete, and current; and 4.4. Customer will notify Tracking Solutions Corp. regarding any material change to information Customer provides by using the methods for contacting Tracking Solutions Corp. stated in the “Contact Us” section of www.TSOmobile.com. 5. Tracking Solutions Corp. May Amend this Agreement at Any Time. 5.1 Tracking Solutions Corp. reserves the right, at its sole discretion, to change, modify, add to, or removes any portion of this Agreement, in whole or in part, at any time. Tracking Solutions Corp. will include such Amendments on the version of this Agreement that is posted on Tracking Solutions Corp.’s Web site (www.TSOmobile.com ) and will notify Customer by e-mail that the Agreement has been amended. 5.2 Amendments to the Agreement will take effect immediately upon being posted to the Web site. Customer’s continued use of Initial the Services after Tracking Solutions Corp. posts an Amendment constitutes Customer’s acceptance of and consent to the Amendment. If Customer does not accept such an Amendment, Customer must notify Tracking Solutions Corp. within 30 days after Tracking Solutions Corp. notifies Customer of the Amendment that Customer has elected to terminate the Services rather than accept the Amendment. 5.3 Tracking Solutions Corp. will not charge Customer a termination fee if Customer terminates the Services as described in section 5.2 of this Agreement. 6. Customer Must Use the Device with the Wireless Carrier Chosen by Tracking Solutions Corp. Tracking Solutions Corp. monitors and collects Location Information using a network of a third party wireless service carrier and Devices provided by Tracking Solutions Corp. or by authorized distributors. Customer shall not use a Device with any other service unless written consent from Tracking Solutions Corp. 7. Customer Is Responsible for All Charges Incurred to Use the Services. 7.1. Customer is responsible for all charges incurred in connection with the Services regardless of who incurs the charges. If Customer believes there is an error in any charge posted to Customer’s account, Customer must contact Tracking Solutions Corp. concerning the disputed charges within 15 days of receiving the bill for those charges, at which time Tracking Solutions Corp. will investigate Customer’s claim. Late payments for any charges billed by Tracking Solutions Corp. will be subject to a flat fee of $35.00 or 1.5% interest, whichever is greater. 7.2. Customers who wish to purchase the Services must do so for a period of 12 months. Customer must provide a valid and chargeable credit card or debit card or payment method (“payment card”) to Tracking Solutions Corp. as part of the activation process, which Tracking Solutions Corp. will charge for the Services. If between the Customer and Tracking Solutions Corporation exist different term of payment form, it should be in writing and approved by an authorized personnel from Tracking Solutions corporation. Customer will provide a Purchase Order as payment form and process monthly invoices with Net 30 terms. 7.3. Customer must pay for the Services in advance on a yearly, monthly, or other subscription basis. If Customer does not pay in advance for the minimum term required, Customer’s payment card will be charged monthly for the full monthly amount due. In the event that Customer’s payment card company declines to process Customer’s monthly payment, Tracking Solutions Corp. may retry the charge on the payment card. If payment is again declined, Tracking Solutions Corp. may terminate the Services immediately, and without penalty or liability to Tracking Solutions Corp. 7.4 Customer is responsible for any and all taxes and expenses that may be incurred related to use of the Services. 8. Customer Must Use Tracking Solutions Corp.-Supplied Security Information. Tracking Solutions Corp. will provide Customer a username, password, or other security information (“Security Information”), which Customer must use to access and use the Services. Customer shall maintain the confidentiality of the Security Information and shall be responsible for all activities performed using Customer’s Security Information. Customer shall notify Tracking Solutions Corp. immediately of any unauthorized use of Customer’s Security Information. 9. Tracking Solutions Corp. and Customer May Terminate this Agreement and the Services. 9.1. The term of this Agreement shall commence when the Customer first activates the Services; provided, however, that Tracking Solutions Corp. may decline to activate the Services if (a) Customer fails to provide all required information through the Activation page on the Trackingsolutionsonline.com Web site within 15 days after purchasing the Device that Customer will use to receive the Services; (b) Tracking Solutions Corp. determines in its sole discretion that the SIM card in the Device has been or will be used improperly; or (c) Tracking Solutions Corp. determines in its sole discretion that Customer will use the Device in a manner that will violate this Agreement. 9.2. Tracking Solutions Corp. has the right to immediately terminate or suspend Customer’s account or use of the Services in the event that Customer breaches this Agreement. If this Agreement is terminated, Customer will no longer be authorized to access or use the Services. 9.3. Customer may terminate the Services at any time. Except as provided in sections 5.2 and 5.3 of this Agreement, if Customer terminates the Services prior to the expiration of the term of Customer’s contract with Tracking Solutions Corp.: (a) Customer’s will incur in a $150 per unit as an early termination fee, the early termination fee is not a penalty, but rather a charge to compensate Tracking Solutions Corporation for your failure to satisfy the Service Commitment on which your Service rate is based., and (b) either, for such early-terminating Customers who were paying monthly Tracking Solutions Corp. will stop charging the Customer’s payment card within 30 days after receiving notice from the Customer of the early termination, or for such early-terminating Customers who paid in advance for a one-year period Tracking Solutions Corp. will refund to the Customer within 90 days a pro rata amount for unused Services, as determined by Tracking Solutions Corp. minus the $150 per unit as an early termination fee, if applies. If not earlier terminated by Customer or by Tracking Solutions Corp., this Agreement shall automatically be extended, for the same initial term basis (12 months term) at the monthly rate then in effect for Customers who do not prepay services, at the end of the period for which Initial Customer has paid as described in sections 7.2 and 7.3 of this Agreement. 9.4. All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination. 10. Tracking Solutions Corp. Disclaims All Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACKING SOLUTIONS CORP., ITS SUPPLIERS, AND LICENSORS PROVIDE THE SERVICES “AS IS” AND WITH ALL FAULTS. TRACKING SOLUTIONS CORP. DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO CUSTOMER, OR SENT BY A DEVICE, WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE AMOUNT OF TIME, OR WITHOUT BEING INTERCEPTED. TRACKING SOLUTIONS CORP., ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE. 11. Additional Device Warranty Disclaimers May Apply. Certain additional warranty disclaimers and limitations may apply with respect to a Device purchased by Customer. Customer should carefully read the materials accompanying the Device. 11.2 Out of Warranty Repairs TSO Mobile will at its option repair or replace out-of-warranty products which are returned to its Factory according to the following conditions: * Anyone returning goods to TSO Mobile must first obtain an authorization number (RMA). *TSO Mobile will not accept any shipment whatsoever for which prior authorization has not been obtained. *Products which TSO Mobile determines to be repairable will be repaired and returned. A fee will establish by TSO and approved by the customer before any repair occurs. *Products which TSO Mobile determines not to be repairable can be replaced by the nearest equivalent product available at that time, and will be provided by TSO Mobile without additional fees or charges. The current market price of the replacement product will be offered for each replacement unit. 12. Tracking Solutions Corp.’s Potential Liability Is Limited. 12.1. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER TRACKING SOLUTIONS CORP. HAS BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OR FAILURE TO PROVIDE THE SERVICES, PRODUCTS, OR DEVICES. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES A PRODUCT OR DEVICE USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH TRACKING SOLUTIONS CORP. TRACKING SOLUTIONS CORP. SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES. 12.2. NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF TRACKING SOLUTIONS CORP. AND ITS SUPPLIERS AND LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES OR DEVICES, AND CUSTOMER’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT THAT CUSTOMER CLAIMS CAUSED THE DAMAGES. 12.3. Tracking Solutions Corp. shall not be liable for any damages Customer or others may incur as a result of Customer’s loss, disclosure, or a third party’s use of Customer’s Security Information, regardless of whether such disclosure or use is with or without Customer’s knowledge or consent. 12.4. In no event shall Tracking Solutions Corp. have any liability for any damages arising out of or in connection with: (a) Customer’s own actions, negligence, or willful misconduct, (b) acts or omissions of any third party, including but not limited to any telecommunications service provider, or (c) events or causes beyond Tracking Solutions Corp.’s reasonable control, including but not limited to acts of God, war, terrorism, criminal or tortious acts by third parties, riots, or natural disasters. 12.5. The limitations, exclusions, and disclaimers set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Initial 13. Customer Agrees to Indemnify Tracking Solutions Corp. 13.1. Customer agrees to defend, to indemnify, and to hold harmless Tracking Solutions Corp. and its affiliates, suppliers and licensors (and each entities’ respective officers, directors and employees) from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to Customer’s use of the Services and a Device or to Customer’s inability to use the Services or a Device. 13.2. Customer’s agreement to defend, to indemnify, and to hold Tracking Solutions Corp. harmless applies whether a claim against Tracking Solutions Corp. is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to any claims resulting directly or indirectly from Customer’s intentional or inadvertent misrepresentation of: (a) Customer’s identity; (b) the identity of persons authorized to access Location Information; (c) Customer’s right to monitor the location of the vehicle, or item Customer chooses to track using the Services; or (d) Customer’s relationship to any of these persons or claims resulting from or relating to Customer’s breach of this Agreement. 14. Process for Returning Devices. Devices purchased directly from Tracking Solutions Corp. as pilots (authorized units for testing purposes only) may be returned for a refund of the cost of the Device within 30 days of purchase minus a 20% restocking service fee. 15. If a Device Is Lost or Stolen. 15.1. If a Device is lost or stolen, Customer is responsible for charges incurred until Customer notifies Tracking Solutions Corp. of the loss. 15.2. Once Customer informs Tracking Solutions Corp. that a Device has been lost or stolen, Tracking Solutions Corp. will suspend Customer’s account until a replacement unit is installed. After Customer purchases a new Device, any money left in Customer’s account will be transferred to a new account. If Customer decides to terminate the account, Customer’s registered credit card will be charged in the amount of the termination fee stated above. 16. Customer May Not Export Devices or Software. Customer shall comply with all trade regulations and export control laws, both domestic and foreign. Devices, software and any underlying information accessed or transferred using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Tracking Solutions Corp. and the U.S. export control laws, Customer agrees not to export or re-export any Device or software to any foreign country. Any information transferred by Customer using the Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations. 17. Tracking Solutions Corp. and Its Licensors Own All Intellectual Property Rights. 17.1. Tracking Solutions Corp. grants Customer, during the term of this Agreement, a revocable, non-transferable and non- exclusive license to use any software provided by Tracking Solutions Corp. (the “Software”) solely in connection with Customer’s use of the Services and in a manner that is consistent with this Agreement. 17.2. Customer shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement. 17.3. The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Tracking Solutions Corp. or its suppliers or licensors. All rights not expressly granted in this Agreement are reserved by Tracking Solutions Corp. 17.4. The "Tracking Solutions Corp." name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by Tracking Solutions Corporation or its licensors and may not be used by Customer without the written consent of Tracking Solutions Corp. 18. Tracking Solutions Corp. May Use Customer Information. 18.1. Tracking Solutions Corp. handles Customer information in a manner consistent with federal customer privacy laws and the Privacy Policy. Except as contemplated by the Privacy Policy and as necessary to deliver the Services, Tracking Solutions Corp. shall not intentionally share Personal Information or Location Information obtained through Tracking Solutions Corp.’s Services to third parties not related to Tracking Solutions Corp. without Customer’s written permission. As described in the Privacy Policy, Tracking Solutions Corp. may, from time to time, use Customer information to market Tracking Solutions Corp.’s and its affiliates’ services to Customer, with advance authorization from Customer. Initial 18.2. Customer agrees that any and all information provided by Customer in the course of using the Services becomes the property of Tracking Solutions Corp. Tracking Solutions Corp. may use this information for any lawful purpose, subject to the Privacy Policy. 18.3. Customer acknowledges that transmissions to Tracking Solutions Corp. from a Device, transmissions from Tracking Solutions Corp. to Customer, and Customer’s communications to Tracking Solutions Corp. may be intercepted and read by others. Customer therefore acknowledges that the Services are not confidential. 18.4. To comply with appropriate legal process, Tracking Solutions Corp. may disclose any Customer information or content to law enforcement authorities, including Customer’s name, account history, account information or other transmission data requested by law enforcement. Tracking Solutions Corp. may also disclose any Customer content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Tracking Solutions Corp. 19. Customer’s Use of Content and Services Is Restricted. 19.1. Tracking Solutions Corp. may send messages, data, or other information (“Content”) to Customer as part of the Services. All Content is owned by Tracking Solutions Corp. Customer shall not upload or transmit Content to public places without advance authorization from Tracking Solutions Corp. Customer is responsible for any unauthorized use of the Content. 19.2. Customer shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials that (a) restrict or inhibit any other customer from using the Services, (b) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (e) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information, (f) contain advertising of any kind, or (g) constitute or contain false or misleading indications of origin or statements of fact. 19.3. If Tracking Solutions Corp. determines in its sole discretion that Customer is using an excessive amount of Tracking Solutions Corp.’s network resources, Tracking Solutions Corp. may adjust, suspend or terminate the Services Tracking Solutions Corp. provides to Customer at any time, without notice. 19.4. Tracking Solutions Corp. reserves the right to limit, remove, or delete any information that Customer uploads, downloads, posts, distributes, or otherwise transmits through the Services for any reason at any time. 20. Additional Terms and Conditions. 20.1. This Agreement, including the Privacy Policy incorporated in the Agreement, supersedes all oral or written communications and understandings between Customer and Tracking Solutions Corp. with respect to the Services and the terms under which the Services are offered and provided. 20.2. This agreement is for professional real time tracking service at a rate of $29.99 per unit. Includes the TSO-9100 AVL unit and monthly service fee. All units added under this agreement must make a minimum of 12 six (6) monthly payments to avoid a $150 per unit charge for early termination. Any additional services and/or equipment purchase other than the service mentioned above (professional real time tracking / TSO-9100 AVL unit) will not be covered by the fee indicated above and must be quoted. 20.3. Any cause of action Customer may have with respect to the use of the Services must be commenced within one (1) year after the claim or cause of action arises. 20.4. The parties will attempt in good faith to resolve promptly through negotiation and claim or controversy arising out of or relating to this agreement prior to a proceeding to a court of law. If a claim or controversy should arise, representatives of the parties shall meet at least once and will attempt to resolve the dispute. If no resolution is met both parties waive the right to a jury trial in any dispute arising out of this Agreement or the services. Initial 20.5. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 20.6. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 20.7. Customer may not assign his or her rights or delegate his or her obligations under this Agreement. 20.8. There shall be no third party beneficiaries under this Agreement, except for Tracking Solutions Corp.’s affiliates, suppliers, and licensors or as required by law. 20.9. Any legal action concerning this Agreement or the Services shall be interpreted under the laws of the Commonwealth of Florida, excluding the Commonwealth’s choice of law rules. 20.10. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the Commonwealth of Florida. 20.11. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. 20.12. The failure of Tracking Solutions Corp. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 21. Instructions & Terms Regarding Receiving Tracking Solutions Corp. Location Information via SMS. 21.1. Those Customers who choose to receive Location Information and Device alerts via Short Message Service (“SMS”) to their mobile phones or any mobile device must review and agree to these additional terms. 21.3. Customers must enter the mobile phone number of their mobile phone where prompted on the Trackingsolutionsonline.com website or any other website designated by Tracking Solutions Corporation. This number is for the mobile phone to which the Customer wants to have mobile notifications sent. This process enables the Customer to receive SMS notifications. 21.4. All terms of the Tracking Solutions Corp. Customer Agreement apply regarding Tracking Solutions Corp.’s use of SMS messages to send Location Information and Device alerts to Customers. 21.5. Once a Customer has registered at Trackingsolutionsonline.com or requested directly to our personnel to receive Location Information and device alerts via SMS, he or she can query the location of his or her Tracking Solutions Corp. device(s) using the mobile interface provide by Tracking Solutions Corporation. 21.6. To receive assistance regarding receiving Tracking Solutions Corp. Location Information and Device alerts via SMS: 21.6.1. Customer can go to Tracking Solutions Corp.com to read FAQ’s of the Terms and Conditions, or 21.6.2. Customer can contact Tracking Solutions Corp. customer service at 1-877-477-2922 toll free, or 21.6.3. Customer can send an email to support@TSOmobile.com, or 21.7. To stop receiving SMS messages from the Tracking Solutions Corp. Location Information service and opt-out of the service: 21.7.1. Customer may contact Tracking Solutions Corp. customer service at 1-877-477-2922 toll free, or 21.7.2. Customer can send an email to support@TSOmobile.com, 21.7.3. The Customer will not receive any additional SMS messages from the Tracking Solutions Corp. Location Information service until he or she re-registers for SMS service again. 21.8. Fees and Rates for Tracking Solutions Corp. Location Information SMS Messaging:" 21.8.1. Customers must pay their mobile phone service carriers for SMS messages received from Tracking Solutions Corp. pursuant to the terms of their mobile phone agreements with their mobile phone service provider. Tracking Solutions Corp. Initial Customers should check with their mobile phone service providers for the SMS rates their mobile phone carrier with charge. 21.8.2. Tracking Solutions Corp. does not charge any additional amount to Tracking Solutions Corp. Customers who choose to receive Location Information and device alerts through SMS messages, unless Customer contracted with Tracking Solutions Corporation the wireless data and SMS services, for SMS additional fees, contact Customer Service at Tracking Solutions Corporation. 21.9. Mobile Phone Service Providers 21.9.1. The Tracking Solutions Corp. Location Information notification service via SMS is available only to authorized Tracking Solutions Corp. Customers who have a registered, active mobile phone. 21.9.2. The SMS service is available on most mobile phones from most U.S. mobile phone service providers (Verizon, T-Mobile, AT&T, Sprint, Alltel). If the SMS service does not work on your phone, please contact your wireless service provider. 22. PUBLIC RECORDS REQUIREMENTS 22.1 Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 22.2 Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 22.4 Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 23. TERM AND TERMINATION This Master Agreement shall take effect for a one-year period from the Effective Date _____ of August 15 of July, 2015 until the final date _____ of August 15 of July, 2016 of the Term. with automatic renewal unless TSO Mobile received in writing cancelation of renewal 60 days prior to the 15 of July, 2016. Upon the termination of this Agreement, for whatever reason, all rights and licenses granted by TSO Mobile to Customer hereunder shall immediately cease and Customer shall immediately return to TSO Mobile all TSO Mobile property, including, but not limited to, it’s Software and Confidential Information and all copies thereof. Upon the termination of this Agreement, TSO Mobile shall immediately return to Customer all Customer property, including, but not limited to, its Confidential Information and all copies thereof. Following termination the Customer shall, on simple demand from TSO Mobile, return all SIM Cards fitted to the Products where they have been provided by TSO Mobile. Company Name: Title: Date____________________________________________ Print Name: _____ Signature: _____ Initial Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1565 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Customer Service Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Approve a continuing contract (Blanket Purchase Order) in the amount of $101,490 for Fiscal Year 2016 with Cayenta, a division of N. Harris Computer Corporation, for support and maintenance related to the Utility Management System, four option years with a maximum 2% increase annually, to extend the term of the agreement through September 30, 2020 at the City's discretion; approve $25, 000 blanket purchase order for Consulting Services from Cayenta, a division of N. Harris Computer Corporation, for support efforts in finding efficiencies to streamline business processes during Fiscal Year 2016; and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 1998, Utility Customer Service has used Cayenta’s software utility management system to bill a wide range of services for water, sewer, reclaim water, stormwater, solid waste, recycling and gas to over 50,000 customers at approximately $150 million annually. The system is also utilized by other city departments (i.e., Gas, Public Utilities, Solid Waste, and Police). Utility Customer Service recommends that the City continue to use Cayenta’s Utility Management System because it is a mission critical system, the software is proprietary and thus supported and maintained by Cayenta and reinvesting in our utility system allows us to keep pace with ever changing demands. The Fiscal Year 2015 BPO amount is $99,500.00. The 2% annual increase for support and maintenance, capped at 2 %, increases the Fiscal Year 2016 costs to $101,490. APPROPRIATION CODE AND AMOUNT: Funds for support and maintenance contract of $101,490 have been budgeted for Fiscal Year 2016 in cost code 0555-09884-546200-519-000-000 (Other Equipment Service and Repair). Funds for the $25,000 professional services have been budgeted for Fiscal Year 2016 in cost code 0555-09887-530100-519-000-0000 (Professional Services). Page 1 City of Clearwater Printed on 8/28/2015 WORK ORDER:15-245 Office Address 4200 North Fraser Way Suite 201 Burnaby, BC Canada V5J 5K7Phone:(604) 570-4300 Fax:(613) 482-4874 Client Name: Date Issued: Work Order Type: Client Contact: Project Manager: Client PO Number: Please fax this approval back to Cayenta at: (613) 482-4874 Attn: Client Services Coordinator Clearwater, City of 8/6/15 Time and Materials Date of Work Start End Description of Work Resource Assigned Software Versions Tracker Est Hours Rate Estimated Costs Estimated Costs TravelServices Collections-MTNPO Process Proof of Concept 20 $ 190 $ 3,800 $ 0 Discovery/Analysis 8 $ 190 $ 1,520 $ 0 Issue & Contact Configuration 16 $ 190 $ 3,040 $ 0 Custom Portal & Statistics 32 $ 190 $ 6,080 $ 0 Testing & Go-live Support 24 $ 190 $ 4,560 $ 0 Training 4 $ 190 $ 760 $ 0 Migration to Production 4 $ 190 $ 760 $ 0 Totals Total Estimate (including estimated travel costs)2. Actual cost may vary from estimate Note: 108 $ 20,520 $ 0 $ 20,5201. This work order is valid for 30 days from date of issue Work Commencement Authorization by (please print): Name:Date: Title:Signature: Contract Terms: Payment Terms:All fees shall be paid within thirty (30) days of invoice date. All amounts quoted are exclusive of taxes, which will be billed to the customer if the customer is not tax-exempt. Travel and living expenses will be invoiced as incurred as per Cayenta's current travel policy.Invoices will be issued as on a weekly basis as work is performed. Where the services outlined on this work order require: a) consultants travel to the client site for delivery, OR b) remote delivery where both Cayenta and the client participation is required and has been pre-scheduled, then all arrangements must be confirmed two weeks prior to delivery. If the client cancels or alters the scheduled dates with two weeks of the Start dates on the Work Order, then they will be liable for any travel expenses or cancellation fees incurred and 50% of the total estimated service costs on this Work Order (plus any applicable taxes). WORK ORDER:15-246 Office Address 4200 North Fraser Way Suite 201 Burnaby, BC Canada V5J 5K7Phone:(604) 570-4300 Fax:(613) 482-4874 Client Name: Date Issued: Work Order Type: Client Contact: Project Manager: Client PO Number: Please fax this approval back to Cayenta at: (613) 482-4874 Attn: Client Services Coordinator Clearwater, City of 8/6/15 Time and Materials Date of Work Start End Description of Work Resource Assigned Software Versions Tracker Est Hours Rate Estimated Costs Estimated Costs TravelServices 3 Day Move-In/Move-Out Discovery/Analysis 4 $ 190 $ 760 $ 0 Configuration 8 $ 190 $ 1,520 $ 0 Testing & Go-live Support 12 $ 190 $ 2,280 $ 0 Training 2 $ 190 $ 380 $ 0 Migration to Production 2 $ 190 $ 380 $ 0 Optional: Custom Statistics to support tracking tasks 16 $ 190 $ 3,040 $ 0 Totals Total Estimate (including estimated travel costs)2. Actual cost may vary from estimate Note: 44 $ 8,360 $ 0 $ 8,3601. This work order is valid for 30 days from date of issue Work Commencement Authorization by (please print): Name:Date: Title:Signature: Contract Terms: Payment Terms:All fees shall be paid within thirty (30) days of invoice date. All amounts quoted are exclusive of taxes, which will be billed to the customer if the customer is not tax-exempt. Travel and living expenses will be invoiced as incurred as per Cayenta's current travel policy.Invoices will be issued as on a weekly basis as work is performed. Where the services outlined on this work order require: a) consultants travel to the client site for delivery, OR b) remote delivery where both Cayenta and the client participation is required and has been pre-scheduled, then all arrangements must be confirmed two weeks prior to delivery. If the client cancels or alters the scheduled dates with two weeks of the Start dates on the Work Order, then they will be liable for any travel expenses or cancellation fees incurred and 50% of the total estimated service costs on this Work Order (plus any applicable taxes). Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1599 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Approve an amendment to the Private-Public Partnership Service and Access Agreement between the City of Clearwater and Harris Corporation, and authorize the appropriate officials to execute same. (consent) SUMMARY: Harris Corporation and Sprintcom have requested an amendment to the Private-Public Partnership Service and Access Agreement between the City of Clearwater and Harris Corporation. The Private-Public Partnership Agreements authorizes Harris Corporation to maintain, advertise, and lease tower space to private agencies on the City’s behalf. Revenue from leasing activities is shared between the City of Clearwater and Harris Corporation. The amendment to this agreement allows for direct negotiations between the City and Sprintcom Inc should the agreement between Sprintcom and Harris Corporation be terminated. The agreement is valid through Sep 30, 2022. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1587 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Appoint an alternate member to the Community Development Board to fill the remainder of an unexpired term through April 30, 2018. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Brian A. Barker MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 (alt. member) SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE VACANT ALTERNATE SEAT (John Funk) WITH TERM TO EXPIRE 4/30/18: 1. Robert J. Aude - 1719 Brentwood Dr., 33756 - Architect 2. John Quattrocki - 1353 Stewart Blvd., 33764 - Real Estate Broker/Developer Zip codes of current members: 1 at 33759 1 at 33761 1 at 33763 1 at 33764 3 at 33767 Current Categories: 1 Architect Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1587 2 Attorneys 1 Building Contractor 1 Civil Engineer 1 Real Estate Broker 1 Landscape Architect Page 2 City of Clearwater Printed on 8/28/2015 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Robert J. Aude Home Address: 1719 Brentwood Dr Clearwater, FL Telephone: 727-446 -3628 Cell Phone: 727- 421 -7324 Zip 33756 How long a resident of Clearwater? 42 years Occupation: Architect Field of Education: Architecture /Engineering Office Address: 748 Broadway, Suite 202 Dunedin, FL Zip 34689 Telephone: 727'5354585 Email Address: raude@audesmith.com If retired, former occupation: NIA Employer: Aude -Smith Architecture, Inc. AIA Other Work Experience: In private practice architectural firms since 1970 Community Activities: Clearwater Sister City Program - 1980`s Other Interests: Board Service (current and past): Board of Adjustment on Signs Municipal Code Enforcement Board Clearwater Housing Authority Board Preference: Community Development Board Additional Comments: Signature: Date: August 10, 2015 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards reauirina Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limit AUG 10 2015 O Fi'CI,, m-CORDS ANDLEG1SLA1vtSRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Community Development Board acts upon sufficiency of proposed development within the City. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, appeared before CDB, observed cases in person. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Experience in planning, development, and architecture for 39 years. 4. Why do you want to serve on this Board? Served on Boards within Clearwater since late 1970's. Have a sincere interest in community service. Name: Robert J. Aude Board Name: Community Development CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: John Quattrocki Home Address: 1353 Stewart Blvd Zip 34684 Telephone: 727- 524 -9171 Cell Phone: 727- 460 -2201 How long a resident of Clearwater? 38 years Office Address: 31640 U.S. Hwy 19 North Zip 34684 Telephone: 727 - 784 -1007 E -mail Address:lq @boardwalkcompany.com Occupation: Real Estate Broker /Developer Field of Education: Business Administration Employer: The Boardwalk Company Other Work Experience: Commercial real estate, brokerage, Licensed Florida Real Estate Broker development, consulting, investments If retired, former occupation: n/a Community Activities: Board of Directors - Homeowner's Association Clearwater Chargers Youth Soccer Coach Other Interests: Board Service (current and past): Board Preference: Pinellas County Permitting Advisory Committe Member Community Development Board - Alternate Additional Comments: Signat Date: 7- /S7070/5 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 16 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Monthly review board centering on planning & development issues within the City boundaries, including public hearings on matters outside of city staff authority, land use and /or rezoning requests. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have attended in person and also viewed on -line through the City's web page. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? My family has been a resident in the City for 38 years and I have been involved in the fields of real estate permitting, development, management, brokerage and consulting for more than 32 years. I have served on the past Pin County Permitting Advisory Committee (PAC) tasked with reviewing and making recommendations on the entire Comp Plan. 4. Why do you want to serve on this Board? I believe I can use my years of experience on planning and development issues in the private sector to assist the staff and Council in decision making and policy reviews. Name: John Quattrocki Board Name: Community Development Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1619 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 14.2 SUBJECT/RECOMMENDATION: Appoint Desaray Dilday to the Sister Cities Advisory Board as the youth member to fill the remainder of an unexpired term through December 31, 2016. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required MEMBERS: 6 (one member of the City Council) CHAIRPERSON: Sallie Parks MEETING DATES: Quarterly PLACE: Long Center APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE (SISTER): 1. Danielle Dilday - 20 S. Meteor Ave., 33765 - Student Original Appointment - 2/16/12 (was serving 1st term to expire 12/31/16) (Youth member) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Desaray Dilday - 20 S. Meteor Ave., 33765 - Student (Youth member) Zip codes of current members: 1 - 33761 Page 1 City of Clearwater Printed on 8/28/2015 File Number: ID#15-1619 1 - 33764 1 - 34683 1 - 34695 Page 2 City of Clearwater Printed on 8/28/2015 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name:fle.3QXD C)1tdcxy Home Address: Office Address: 20 • ke r''e,d<' -wt . Q A'C O )C Zip bM(co Zip Telephone:Cr-1 2n) ritib 443 -t0 2 Telephone: `` yCellPhone: 11'.r1) 4W 044-11- E -mail Address: c)esosex c cto @croa. How long a resident of Clearwater? \ e.CXfS Occupation: 5 .d'e1 EEm to epr S C \S kS Field of Education: Qther Work Experience: - _ If retired, former occupation: Community Activities: Qifl ColAS Other Interests: 1`'''Q my) ban dl ckk voozcv\i\O‘S Board Service (current and past): Board Preference: eRaluimei Sys -ef e t‘eS RECEIVED Additional Comments: AUG 18 2015 OFFICIAL RECORDS AND Signature: Date: MO / 15 SRVCS MET See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 11) Iitend 1(1vc Y1 $ v(1 ovit -eic v 1:i4. 1. 1.1 d £‚ex C1iieS bOnrd 2. Have you ever observed a board meeting either in person orr on C- View, the City's TV station? S ccex WQ G7SlS 4nQ `Oc.x d fcecxx 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I co.Y'k Gpcxted1\ O.mzr cHies, 2icomnge Nen SOtIO vty vhhueSi. , Oi 1 beAot Wx 1 c O,iQ\Ft€d be.c04e \YYave Vfike 4A[YnQ tc%cit{S cAnS((vCNOViCS. 4. Why do you want to serve on this Board? t0 trZnOii\nmU, ub1 e Sp2an\nq fihoG ckInd V'(-tioose, me ra ee o, aQa. o samem mop i ve vs nmu t Oezc ` Board Name:)1"ke,f CW\f CCCMMOIUA 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8750-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8750-15 on second reading, annexing certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, together with certain abutting right-of-way of Union Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8750-15 ORDINANCE NO. 8750-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF-WAY OF UNION STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the maps attached hereto as Exhibits B and C have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2015-06016) The maps attached as Exhibits B and C are 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 Planning and Development Director 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. 8750-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street Together with the South ½ of the Right-of-Way of Union Street, abutting lot 12. The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50 60 5 E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 12 6 3 2031 12 5 9 12 6 3 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 8 0 2 8 8 6 0 4 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 4 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Exhibit C PROPOSED ANNEXATION MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 12 0 3 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 1915 1917 12 1 8 12 3 1 12 1 5 12 1 6 12 1 1 12 0 3 12 0 1 1887 12 2 2 1 2 3 7 12 2 3 12 0 7 12 0 5 12 2 5 12 3 3 12 3 0 11 8 9 11 8 5 1184 1186 1190 1944 1942 1938 1910 1930 1934 1936 1224 1901 1903 1246 1248 1916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 1201 1901 1206 1204 1200 1214 1226 1220 1212 1204 1232 1226 1212 1206 1204 1184 1182 1202 1180 1216 19 19 19 1 19 19 1210 1206 1219 1961 272523 209 211 201 1249 19 19 1 1 1 1947 1949 1245 31 1224 1178 1186 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ ^^-N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD CO L E S R D CO L E S R D ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SEDEEVA CIR SSEDEEVA CIR SSEDEEVA ST SEDEEVA ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50 60 5 E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 12 6 3 2031 12 5 9 12 6 3 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 8 0 2 8 8 6 0 4 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 4 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential EXISTING SURROUNDING USES MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 12 0 3 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 1915 1917 12 1 8 12 3 1 12 1 5 12 1 6 12 1 1 12 0 3 12 0 1 1887 12 2 2 1 2 3 7 12 2 3 12 0 7 12 0 5 12 2 5 12 3 3 12 3 0 11 8 9 11 8 5 1184 1186 1190 1944 1942 1938 1910 1930 1934 1936 1224 1901 1903 1246 1248 1916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 1201 1901 1206 1204 1200 1214 1226 1220 1212 1204 1232 1226 1212 1206 1204 1184 1182 1202 1180 1216 19 19 19 1 19 19 1210 1206 1219 1961 272523 209 211 201 1249 19 19 1 1 1 1947 1949 1245 31 1224 1178 1186 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Si n gle F a m i l y R e s i d e n t i a l Commercial View looking south at the subject property, 1219 Aloha LaneEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 Frank Joseph Clark 1219 Aloha Lane View looking easterly along Aloha LaneView looking westerly along Aloha Lane View looking south at the subject property, 1245 Palm StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 MintaAlbino 1245 Palm Street View looking easterly along Palm Street View looking westerly along Palm Street View looking south at the subject property, 1223 Union StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property (Dunedin) ANX2015-06016 Sherry Lynn Read 1223 Union Street View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8751-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8751-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8751-15 ORDINANCE NO. 8751-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan 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 plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU) (ANX2015-06016) The maps attached as Exhibits B and C are 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. 8750-15. Ordinance No. 8751-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 60 50 60 57 E 1 15 1 2 3 4 5 6 7 8 9 10 11 1 202122 1 2 3 4 5 1 2 1 1 1 1 RU RU RU RU RU RU UNION ST PALM ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 2040 2052 2058 2031 2066 2070 2074 12 5 9 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 2038 2048 12 6 3 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Exhibit C FUTURE LAND USE MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 I RU I RU RU RU RU RM CG RU RU DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 1915 1917 12 1 8 12 3 1 12 1 5 12 1 6 12 0 3 12 0 1 1 2 3 7 12 2 3 12 0 7 12 0 5 12 2 5 12 3 3 12 3 0 11 8 9 11 8 5 1942 1938 1910 1930 1934 1936 12 2 4 1901 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 12 0 1 12 0 6 12 0 4 12 0 0 12 1 4 12 2 6 12 2 0 12 1 2 12 0 4 12 3 2 12 2 6 12 1 2 12 0 6 12 0 4 12 0 2 RU RU RU CG RU RU RU 12 1 6 12 0 3 19 19 19 1 19 19 12 1 0 12 0 6 12 1 1 12 1 9 1961 272523 209 211 201 1887 12 2 2 1249 1184 1186 1190 1944 1903 19 19 1 1 1 1947 1949 1245 31 1901 1224 1178 1184 1182 1186 1180 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ ^^-N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD CO L E S R D CO L E S R D ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SEDEEVA CIR SSEDEEVA CIR SSEDEEVA ST SEDEEVA ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50 60 5 E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 12 6 3 2031 12 5 9 12 6 3 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 8 0 2 8 8 6 0 4 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 4 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential EXISTING SURROUNDING USES MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 12 0 3 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 1915 1917 12 1 8 12 3 1 12 1 5 12 1 6 12 1 1 12 0 3 12 0 1 1887 12 2 2 1 2 3 7 12 2 3 12 0 7 12 0 5 12 2 5 12 3 3 12 3 0 11 8 9 11 8 5 1184 1186 1190 1944 1942 1938 1910 1930 1934 1936 1224 1901 1903 1246 1248 1916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 1201 1901 1206 1204 1200 1214 1226 1220 1212 1204 1232 1226 1212 1206 1204 1184 1182 1202 1180 1216 19 19 19 1 19 19 1210 1206 1219 1961 272523 209 211 201 1249 19 19 1 1 1 1947 1949 1245 31 1224 1178 1186 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Si n gle F a m i l y R e s i d e n t i a l Commercial View looking south at the subject property, 1219 Aloha LaneEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 Frank Joseph Clark 1219 Aloha Lane View looking easterly along Aloha LaneView looking westerly along Aloha Lane View looking south at the subject property, 1245 Palm StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 MintaAlbino 1245 Palm Street View looking easterly along Palm Street View looking westerly along Palm Street View looking south at the subject property, 1223 Union StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property (Dunedin) ANX2015-06016 Sherry Lynn Read 1223 Union Street View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8752-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8752-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8752-15 ORDINANCE NO. 8752-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibits B and C are 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. 8750-15. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2015-06016) Ordinance No. 8752-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 60 50 60 57 E 1 15 1 2 3 4 5 6 7 8 9 10 11 1 202122 1 2 3 4 5 1 2 1 1 1 1 LMDR MDR UNION ST PALM ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 2040 2052 2048 2031 2066 2070 2074 12 5 9 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 2038 2058 12 6 3 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Exhibit C ZONING MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 I LMDR MDR MDRMDR LMDR LMD LMDR LMDR LMDR DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 191512 1 8 12 3 1 12 1 5 12 1 6 12 1 1 12 0 3 12 0 1 1887 12 2 2 1 2 3 7 12 2 3 12 0 5 12 2 5 12 3 3 12 3 0 1184 1186 1190 1944 1942 1938 1910 1930 1934 1936 1224 1901 1903 1246 1916 1918 1924 1926 1932 1938 1940 1933 1946 1952 1954 1239 1901 1206 1204 1200 1214 1226 1220 1212 1204 1232 1226 1212 1206 1204 1202 1216 1203 19 19 19 1 19 19 1210 1206 1917 1219 1961 272523 209 211 201 1207 1249 1189 1185 19 19 1248 1936 1 1 1 1947 1949 1245 31 1201 1224 1178 1184 1182 1186 1180 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ ^^-N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD CO L E S R D CO L E S R D ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SEDEEVA CIR SSEDEEVA CIR SSEDEEVA ST SEDEEVA ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 50 50 66 60 60 15840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50 60 5 E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 2 7 12 3 5 12 6 3 2031 12 5 9 12 6 3 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 2 5 12 0 1 12 4 2 12 3 4 12 3 5 12 3 3 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 1 2 12 0 6 2077 2063 12 4 1 12 1 1 12 0 7 12 4 4 12 4 5 12 5 3 2061 12 5 5 12 5 9 8 0 2 8 8 6 0 4 12 3 1 12 3 5 12 2 1 12 1 7 12 1 1 12 6 4 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 12 5 5 12 5 7 12 5 1 12 3 9 12 3 1 12 6 0 12 5 6 12 5 0 12 4 6 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 4 7 12 4 5 12 3 7 12 2 3 12 1 9 12 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential EXISTING SURROUNDING USES MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 33 30 60 60 80 66 60 60 60 80 60 60 58 63 97 40 40 40 40 33 30 60 63 60 83 9 7 0 87912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 202122 23 24 25 26 27 28 29 30 31 32 22 60 5033 60 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD CO L E S R D ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12 1 3 1904 1910 12 1 2 12 0 3 1958 1960 12 1 7 12 0 9 12 1 3 12 0 5 12 3 4 12 2 4 12 0 8 1915 1917 12 1 8 12 3 1 12 1 5 12 1 6 12 1 1 12 0 3 12 0 1 1887 12 2 2 1 2 3 7 12 2 3 12 0 7 12 0 5 12 2 5 12 3 3 12 3 0 11 8 9 11 8 5 1184 1186 1190 1944 1942 1938 1910 1930 1934 1936 1224 1901 1903 1246 1248 1916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 1201 1901 1206 1204 1200 1214 1226 1220 1212 1204 1232 1226 1212 1206 1204 1184 1182 1202 1180 1216 19 19 19 1 19 19 1210 1206 1219 1961 272523 209 211 201 1249 19 19 1 1 1 1947 1949 1245 31 1224 1178 1186 181B 181A 99Traf -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Si n gle F a m i l y R e s i d e n t i a l Commercial View looking south at the subject property, 1219 Aloha LaneEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 Frank Joseph Clark 1219 Aloha Lane View looking easterly along Aloha LaneView looking westerly along Aloha Lane View looking south at the subject property, 1245 Palm StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06016 MintaAlbino 1245 Palm Street View looking easterly along Palm Street View looking westerly along Palm Street View looking south at the subject property, 1223 Union StreetEast of the subject property West of the subject propertyAcross the street, to the north of the subject property (Dunedin) ANX2015-06016 Sherry Lynn Read 1223 Union Street View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8753-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8753-15 on second reading, annexing certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8753-15 ORDINANCE NO. 8753-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions; (ANX2015-06017) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director 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. 8753-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 20 9 9 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 6 0 2124 2106 2111 2115 2 1 1 9 21 3 5 21 4 3 1 222 20 9 1 2 1 4 1 1105 1250LS47 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD BELCHER RD ^^ -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD COLLEGE DR COLLEGE DR UNIVERSITY CT UNIVERSITY CT PL E A S A N T P K W Y PL E A S A N T P K W Y BELL DR BELL DR W UNIVERSITY DR W UNIVERSITY DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 20 9 9 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 6 0 2124 2106 2111 2115 2 1 1 9 21 3 5 21 4 3 1 222 20 9 1 2 1 4 1 1105 1250LS47 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2101 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 John L. and Gail L. Dumoulin 2101 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive View looking south at the subject property, 2155 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 Linda S. and Melvin S. Baker 2155 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8754-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8754-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8754-15 ORDINANCE NO. 8754-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan 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 plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions;Residential Low (RL) (ANX2015-06017) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8753-15. Ordinance No. 8754-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO RL RL RL P RU R/OS WATER RU 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 6 0 2124 2106 2111 2115 2 1 1 9 21 3 5 21 4 3 1 222 2 1 4 1 1105 1250LS47 RU RURURU RU RURU RL ATER 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 20 9 9 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 20 9 1 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD BELCHER RD ^^ -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD COLLEGE DR COLLEGE DR UNIVERSITY CT UNIVERSITY CT PL E A S A N T P K W Y PL E A S A N T P K W Y BELL DR BELL DR W UNIVERSITY DR W UNIVERSITY DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 20 9 9 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 6 0 2124 2106 2111 2115 2 1 1 9 21 3 5 21 4 3 1 222 20 9 1 2 1 4 1 1105 1250LS47 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2101 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 John L. and Gail L. Dumoulin 2101 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive View looking south at the subject property, 2155 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 Linda S. and Melvin S. Baker 2155 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8755-15 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8755-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance No. 8755-15 ORDINANCE NO. 8755-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8753-15. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ANX2015-06017) Ordinance No. 8755-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO LMDR P OS/R P LMDR LMDR LMDR 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 20 9 9 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 8 8 21 6 0 2124 2111 2115 21 3 5 21 4 3 1 222 20 9 1 2 1 4 1 1105 1250LS47 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 2 5 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2106 2 1 1 9 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 LOCATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD BELCHER RD ^^ -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 AERIAL PHOTOGRAPH Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD COLLEGE DR COLLEGE DR UNIVERSITY CT UNIVERSITY CT PL E A S A N T P K W Y PL E A S A N T P K W Y BELL DR BELL DR W UNIVERSITY DR W UNIVERSITY DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 EXISTING SURROUNDING USES MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 60 60 6 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 8182979899100 90 89 88 101 102 103 104 130 131 132133 87 86 85 84 83 138 137 136 135 134 105106107 108 109 110 129 128 127 126 125 124 123 122 121120119118 117 116115114 113112111 50 50 60 60 50 60 60 60 60 60 60 6 0 50 72144 064080642606444 310504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 AC 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PL E A S A N T P K W Y GROVEWO 1282 1220 2172 21 3 0 21 6 5 21 4 9 21 8 7 21 8 1 2 1 5 7 2173 20 9 9 2110 1 1 1 0 1100 1000 21 2 5 21 0 9 21 1 7 2147 21 0 7 21 1 7 21 0 9 21 6 1 21 6 7 21 7 3 2178 1276 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 6 0 2124 2106 2111 2115 2 1 1 9 21 3 5 21 4 3 1 222 20 9 1 2 1 4 1 1105 1250LS47 12002148 2140 21 4 8 21 5 4 1 2 1 6 21 7 3 21 4 1 21 5 7 21 9 1 21 9 5 21 9 9 21 9 9 21 9 5 21 9 1 21 8 7 217621 2165 2132 211 2126 2140 2164 2132 1006 1010 21 3 3 1008 11001104 1108 1004 20 7 7 2148 2156 21 7 9 21 8 5 21 9 1 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 2152 2134 2130 2122 2116 2100 21 2 5 21 3 3 21 8 1 21 5 5 21 4 7 2184 2190 2166 2160 21 9 8 21 9 2 21 7 4 21 6 6 21 4 2 21 3 8 2130 2118 2112 2106 2100 2 1 2 3 21 2 7 21 2 4 21 1 0 21 1 8 1228 234 2076 20 8 5 2112 11011009 2180 2176 1107 2140 1005 2180 2198 2186 1001 211 2198 2186 1111 2126 2192 2172 2192 2118 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2101 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 John L. and Gail L. Dumoulin 2101 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive View looking south at the subject property, 2155 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-06017 Linda S. and Melvin S. Baker 2155 BurniceDrive View looking easterly along Burnice DriveView looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1559 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: Legal Department Agenda Number: 15.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 8765-15 on second reading, amending the Clearwater Code of Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section (3)(E) Stormwater Management Utility Rates. SUMMARY: Page 1 City of Clearwater Printed on 8/28/2015 Ordinance 8765-15 ORDINANCE NO. 8765-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE CLEARWATER CODE OF ORDINANCES, APPENDIX A, SCHEDULEOF FEES, RATES AND CHARGES, ARTICLEXXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION (3)(E) STORMWATER MANAGEMENT UTILITY RATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant tothe August 4, 2015Burton & Associates’Stormwater Revenue Sufficiency Analysis,the City’s Engineering Department (the Department) determines that due to current capital and operating cost projections, the previously adopted 2.75% rate increases scheduled for 10/01/2015 and 10/01/2016 can be decreasedto 1.25% increases, with years 2017, 2018, and 2019 also receiving 1.25% rate increases;now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Appendix A, Schedule of Fees, Rates, and Charges, Article XXV Public Works--Fees, Rates, and Charges, Section (3)(e) Stormwater Management Utility Rates be amended by adding the underlined languageand deleting the stricken languageas follows: XXV. PUBLIC WORKS—FEES, RATES AND CHARGES ********* (3) Rates: ********* (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program funding needs of the system. For the purpose of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 2 Ordinance 8765-15 1.Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below and shall be effective for bills issued on or after the dates indicated: Effective 10/1/12 15 10/1/13 16 10/1/14 17 10/1/15 18 10/1/16 19 Per ERU $13.40 $14.33 $13.77 $14.51 $14.15 $14.69 $14.54 $14.87 $14.94 $15.06 ********* Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Prepared by: City of Clearwater FY 2015 Stormwater Revenue Sufficiency Analysis Final Report August 4, 2015 BURTON & ASSOCIATES 1000 North Ashley Drive, Suite 513  Tampa, Florida 33602  Phone (813) 443-5138  Fax (813) 443-8289 E-mail: aburnham@burtonandassociates.com August 4, 2015 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FY 2015 Stormwater Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins: Burton & Associates is pleased to present the Final Report of the FY 2015 Stormwater Revenue Sufficiency Analysis that we have performed for the City’s Stormwater Enterprise Fund. We sincerely appreciate the fine assistance provided by you and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (813) 443-5138. Sincerely, Andrew J. Burnham Senior Vice President Enclosure FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS TABLE OF CONTENTS BURTON & ASSOCIATES i City of Clearwater Utility & Governmental Economics Final Report TABLE OF CONTENTS SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 BACKGROUND ................................................................................................................................... 1 1.2 OBJECTIVE AND SCOPE ..................................................................................................................... 2 SECTION 2. ANALYSIS ....................................................................................................................... 3 2.1 DESCRIPTION .................................................................................................................................... 3 2.2 ASSUMPTIONS ................................................................................................................................... 4 2.2.1 Growth .................................................................................................................................... 4 2.2.2 Interest Earnings on Invested Funds ...................................................................................... 4 2.2.3 Cost Escalation ....................................................................................................................... 5 2.2.4 Capital Projects Funding ....................................................................................................... 5 2.2.5 Borrowing Assumptions .......................................................................................................... 5 2.2.6 Short-Term Debt / Lease-Purchase Capital Expenditures...................................................... 6 2.2.7 Debt Service and Coverage .................................................................................................... 7 2.2.8 Minimum Working Capital Balance in Unrestricted Reserves ............................................... 7 2.3 RESULTS ........................................................................................................................................... 7 SECTION 3. CONCLUSIONS & RECOMMENDATIONS .............................................................. 9 3.1 CONCLUSIONS ................................................................................................................................... 9 3.2 RECOMMENDATIONS ......................................................................................................................... 9 APPENDIX A ..............................................................................................................................................11 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION BURTON & ASSOCIATES 1 City of Clearwater Utility & Governmental Economics Final Report SECTION 1. INTRODUCTION On behalf of the City of Clearwater (City), Burton & Associates conducted a Revenue Sufficiency Analysis (RSA) for its Stormwater Enterprise Fund1. The following sections of this Report describe in detail the assumptions, procedures, and results of the RSA, as well as our conclusions and recommendations. 1.1 BACKGROUND In 2012, the City Council adopted the following multi-year plan of annual stormwater fee revenue adjustments, effective October 1 of each year: FY 2013* FY 2014* FY 2015* FY 2016 FY 2017 Stormwater Fee Increase 2.75% 2.75% 2.75% 2.75% 2.75% * Increases already implemented. Though the adopted plan extends through FY 2017, the City periodically reviews the sufficiency of projected stormwater fee revenues (reflecting the adopted plan) to satisfy projected Utility requirements based upon updated assumptions2. Accordingly, the City has retained the services of Burton & Associates to conduct such a review, and to the extent necessary, recommend plans of future rate revenue adjustments that would satisfy projected requirements. 1 The Stormwater Enterprise Fund is used to account for the financing, acquisition, and operation and maintenance of the City’s stormwater utility system (the “Utility”). 2 The City last reviewed the sufficiency of projected stormwater fee revenues in 2014, see Final Report dated August 6, 2014. Per the results of the FY 2014 RSA, it was determined that the adopted plan of annual stormwater fee adjustments, followed by 2.75% increases each year thereafter, would be sufficient to fund the Utilities identified requirements through FY 2024. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION BURTON & ASSOCIATES 2 City of Clearwater Utility & Governmental Economics Final Report 1.2 OBJECTIVE AND SCOPE Perform a Revenue Sufficiency Analysis – To evaluate the sufficiency of approved stormwater fee revenue adjustments to generate the level of revenues necessary to satisfy the Utility’s projected requirements through FY 2025, including 1) operations and maintenance costs, 2) capital improvement program costs, 3) existing debt service costs and corresponding net income to debt service coverage ratios, and 4) adequate operating reserves; and, if necessary, develop alternative plans of future stormwater fee revenue adjustments that will satisfy these projected requirements during each year of the forecast. Conduct a Stormwater Fee Survey – That compares the City’s current monthly stormwater user fee to that of other utility systems within the City’s surrounding geographic area. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 3 City of Clearwater Utility & Governmental Economics Final Report SECTION 2. ANALYSIS Burton & Associates performed a Revenue Sufficiency Analysis (RSA) for the City’s Stormwater Enterprise Fund that identifies the level of annual revenue (and stormwater fee adjustments) required over a near-term planning period (FY 2016 – FY 2020) and long-term projection period (FY 2016 – FY 2025) to meet all of the Utility’s operating and capital requirements3. The following sub-sections present a description of the procedures, assumptions, and results of the RSA. 2.1 DESCRIPTION The RSA was performed using both historical and projected information. The Utility’s Statement of Net Position, as of September 30, 2014, was used for establishing the beginning FY 2015 fund balances. The revenue sources utilized in the RSA consist of 1) stormwater fee revenue, 2) other operating revenues, 3) interest earnings revenue, and 4) inter-fund transfers in (including one-time revenues and anticipated grant proceeds for capital). FY 2015 stormwater fee revenue was estimated based upon the straight-line extrapolation of six months of actual year-to-date results; while future stormwater fee revenues are calculated annually based upon prior year projected revenues, adjusted for applicable stormwater fee adjustments and projected customer growth. Interest income is calculated annually based upon projected average fund balances and assumed interest rates. All other categories of revenue were based upon the FY 2015 Budget, including one-time revenues from the City’s General Fund and Community Redevelopment Agency from the sale of property in the City’s redevelopment area. 3 The RSA begins with FY 2015 data; however, the majority of this information serves as base data upon which future year projections of revenue and expenses are based. As such, for the purposes of this analysis, FY 2015 is not considered part of the projection period. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 4 City of Clearwater Utility & Governmental Economics Final Report The revenue requirements identified in the RSA consist of 1) operating and maintenance expenses (including personal services expenses), 2) inter-fund transfers out, 3) minor capital outlays, 4) debt service requirements, and 5) capital improvement program (CIP) requirements. FY 2015 operating and maintenance expenses, inter-fund transfers, and minor capital outlays are per the FY 2015 Budget; while future operating and maintenance costs and minor capital outlays are based upon the Proposed FY 2016 Budget, adjusted for assumed future cost escalation4. Future inter-fund transfers represent annual Payment In Lieu of Taxes (PILOT) payments, calculated as 5.5% of prior year operating revenues. Outstanding annual debt service requirements are per amortizations schedules provided by City staff for each of the Utility’s existing debt issues, whereas the annual debt service associated with any future borrowing is calculated within the financial model. Annual capital requirements are based upon the multi-year CIP budget provided by City staff, and adjusted for projected annual spending execution as discussed with City staff. 2.2 ASSUMPTIONS We communicated with City staff regarding the following assumptions, base data, and parameters utilized in the RSA: 2.2.1 Growth There was no customer growth assumed in any year of the RSA. 2.2.2 Interest Earnings on Invested Funds Interest earnings on invested funds, or interest income, was calculated annually based upon projected average fund balances and assumed annual interest rates of 1.50% in FY 2015, 2.00% in FY 2016, and 2.50% in FY 2017 and each year thereafter. 4 FY 2016 includes a one-time payment to the Army Core of Engineers of $1,300,000. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 5 City of Clearwater Utility & Governmental Economics Final Report 2.2.3 Cost Escalation Annual cost escalation factors for the various types of operating and maintenance expenses were discussed with and approved by City staff and applied in each year of the projection period beginning in FY 2017. The specific escalation factors assumed for each category of expense are presented on Schedule 1 of Appendix A of this Report. 2.2.4 Capital Projects Funding Through FY 2021, annual capital requirements are per the multi-year CIP provided by City staff. Each year thereafter, annual capital requirements are calculated based upon the average annual capital requirements budgeted for the preceding 5-years. It is important to note that beginning in FY 2016, a 3.0% annual compounding cost escalation factor has been applied to each capital project to account for inflation in the future cost of construction. Recognizing City staff’s anticipated FY 2015 capital spending, $12 million of capital requirements were moved out of FY 2015 and into FY 2016, FY 2017 and FY 2018 ($4 million per year) resulting in capital spending execution rates of 48% in FY 2015 and 169% in the subsequent three years. Spending execution of 100% is assumed each year thereafter. In total, the cost of the CIP (including cost inflation) from FY 2015 – FY 2025 equals approximately $97.5 million. A detailed list of the specific projects and costs by year are presented on Schedule 3 of Appendix A of this Report. 2.2.5 Borrowing Assumptions To the extent borrowing is required in any year of the projection period, it was assumed to carry the following terms: Long-Term Debt:  Term: 30 Years  Interest Rate: 5.50% in each year of the projection period  Cost of Issuance: 2.50% of Par  Debt Service Reserve: Equal to 1 year of annual debt service expense  Payment Schedule: Interest-only in first year of issuance FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 6 City of Clearwater Utility & Governmental Economics Final Report Interim Financing:  Term: 20 Years  Interest Rate: 1.50% in FY 2015, 2.00% in FY 2016 and 2.50% in FY 2017 and each year thereafter To the extent required, long-term debt is assumed to be issued in FY 2017, and every other year thereafter. Therefore, to the extent required, interim financing is utilized in years when long-term debt is not. All interim financing issues are assumed to be issued at the beginning of the fiscal year and refinanced in the subsequent year as part of a long- term debt issuance. Interest payments are the only carrying cost assumed for interim financings. No new debt is projected during the near-term planning period (FY 2016 – FY 2020). However, new debt is projected beginning in FY 2023. It is important to note that the RSA presented herein incorporates significant conservative assumptions, such that future borrowings as currently projected may not occur, including: 1. Operations & Maintenance (O&M) spending is assumed to be 100% in each year of the projection period, but historically the Utility spends closer to 95% of budgeted O&M expenses. 2. A one-time payment to the Army Core of Engineers is currently reflected in FY 2016 for $1.3 million. Pending legislative action, it is possible that this payment will not occur; and if it does, it is anticipated to be less than budgeted. 3. The RSA included herein assumes no grant funding will be received beyond FY 2016; however, it is expected that some level of grant funding will be awarded in the future. 2.2.6 Short-Term Debt / Lease-Purchase Capital Expenditures The RSA includes $320,000 of shorter-lived asset replacements in FY 2016 that will be financed via the City’s short-term lease-purchase program. Specifically, these assets were assumed to be financed over a 5-year term at an annual cost of borrowing equal to 2.00%, and assuming cost of issuance equal to 1% of the par amount. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 7 City of Clearwater Utility & Governmental Economics Final Report 2.2.7 Debt Service and Coverage The Utility must maintain the following debt service coverage ratios per the Utility’s outstanding bond covenants:  Rate Covenant – Net income (gross revenues minus operating expenses) must be at least 1.15 times annual debt service  Parity Test – Net income must be at least 1.20 times maximum annual debt service payment (only in years when revenue bonds are issued) 2.2.8 Minimum Working Capital Balance in Unrestricted Reserves The financial management plan presented herein reflects a minimum annual working capital balance equal to 6-months of annual operating and maintenance expenses. 2.3 RESULTS As previously stated, the primary objectives of the RSA were evaluate the sufficiency of approved stormwater fee revenue adjustments to generate the level of revenues necessary to satisfy the Utility’s projected requirements through FY 2025, including 1) operations and maintenance costs, 2) capital improvement program costs, 3) existing debt service costs and corresponding net income to debt service coverage ratios, and 4) adequate operating reserves; and, if necessary, develop alternative plans of future stormwater fee revenue adjustments that will satisfy these projected requirements during each year of the forecast. Per the results of the RSA, it was determined that annual inflationary-like rate increases of 1.25% beginning in FY 2016would satisfy all requirements and objectives of the Utility through FY 2025. However, the City’s adopted plan of 2.75% annual stormwater fee adjustments extends through FY 2017. Both plans of rate adjustments would preserve debt capacity for future unplanned capital improvement requirements, such as those that may be required to comply with new regulatory requirements. However, in consideration of current economic conditions, it is the recommendation of City staff and Burton & Associates that the City proceed with a new five-year plan of annual stormwater fee adjustments equal to 1.25% per year, effective October 1, 2015 (FY 2016) and each FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 8 City of Clearwater Utility & Governmental Economics Final Report October 1 thereafter. Schedules included in Appendix A of this Report present the detailed financial management plan described herein, assuming annual stormwater fee adjustments of 1.25% (effective for FY 2016). Schedule 12 of Appendix A of this Report presents the results of a comparative survey that compares the City’s current monthly stormwater user fee to that of other utility systems within the City’s surrounding geographic area; whereas, Schedule 13 presents information gathered with regard to each utility’s known, or planned, FY 2016 stormwater user fee adjustments. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 9 City of Clearwater Utility & Governmental Economics Final Report SECTION 3. CONCLUSIONS & RECOMMENDATIONS This section of the Report presents our conclusions and recommendations of the RSA. 3.1 CONCLUSIONS • Based upon the assumptions and data described herein, the approved plan of 2.75% annual rate increases through FY 2017, and subsequent annual 2.75% adjustments through the remainder of the projection period, is projected to generate revenue sufficient to fully fund the operating and capital requirements of the Utility without the issuance of additional debt (based upon current regulatory requirements). • However, annual stormwater user fee increases of 1.25% beginning in FY 2016, and continuing through the remainder of the projection period, is also projected to generate revenue sufficient to fully fund the operating and capital requirements of the Utility without the issuance of additional debt (based upon current regulatory requirements). 3.2 RECOMMENDATIONS • The City should replace its existing plan with a new five-year plan of annual stormwater fee adjustments; amending FY 2016 and FY 2017 rate increases from 2.75% to 1.25%, effective October 1, 2015, and extending the plan through FY 2020. These rate adjustments are projected to preserve debt capacity to address the cost of compliance associated with future regulatory requirements, such as those that may result from the numeric nutrient criteria rulemaking process. • The City should continue to update this analysis on an annual basis to evaluate the adequacy of its revenues and plan of annual stormwater fee increases. Doing so will allow for the incorporation of updated revenue and expense information as well as changes in economic conditions, regulatory requirements, and other factors so that any necessary adjustments can be made to the financial FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 10 City of Clearwater Utility & Governmental Economics Final Report management plan presented herein. This will ensure the Utility continue meeting all of its financial and operational requirements, while minimizing the impacts to customers from future events occurring differently than currently projected. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS APPENDIX A BURTON & ASSOCIATES 11 City of Clearwater Utility & Governmental Economics Final Report Appendix A Supporting Schedules FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX A BURTON & ASSOCIATES 12 City of Clearwater Utility & Governmental Economics Final Report Description:14 URS (1)Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update Internal Service Charges 4.00%As budgeted 4.00%5.00%3.00%5.00%3.00%3.00%3.00%3.00%3.00%3.00%N/A 3.00% Annual Inflation Component 4.00%As budgeted 4.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%N/A 3.00% Pay Increases 2.50%As budgeted 3.00%3.00%3.00%2.50%2.50%2.50%2.50%2.50%2.00%2.50%N/A 2.50% Add For Health Insurance 5.00%As budgeted 5.00%10.00%5.00%9.00%5.00%8.00%5.00%8.00%0.00%8.00%N/A 8.00% City Pension Contribution - % Of Pay 24.00%As budgeted 23.60%19.00%22.80%18.00%21.80%18.00%21.00%18.00%20.00%18.00%N/A 18.00% % Of Yr Increase Is Effective 100.00%As budgeted 100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%N/A 100.00% Interest Earning Rates: Revenue Account 2.50%1.50%2.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%3.00%2.50%N/A 2.50% Bond Funds (New Issues)2.50%1.50%2.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%3.00%2.50%N/A 2.50% Rate of Expend. From Cap Funds: Stormwater - CIP And Bond Funds 30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%N/A 30.00% Payment In Lieu Of Taxes (PILOT)5.50%As budgeted 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%N/A 5.50% Other Assumptions: Debt Issuance: Dbt Svc Reserve Surety Dbt Svc Reserve Fund 540100 540200 540300 540400 Capitalized Int. To Bond Sinking Fund 540500 540600 540700 540800 Underwriters Discount 540900 541000 541100 541200 Other Costs Of Issuance:541400 541500 541600 541700 Cost Of Bond Insurance:541800 542000 542700 542800 Term Of Issuance 542900 547900 Annual Interest Rate Debt Service Working Capital Above Required Reserves Required Coverages: Parity Test Rate Covenant (1) SW 14 URS are assumptions from the FY 2014 Stormwater Revenue Sufficiency Analysis Update as prepared by Burton and Associates 1.20 1.20 1.50 1.50 depending on debt depending on debt 25% of O&M expense 25% of O&M expense 30 years 30 years 5.5% wrapped and levelized 5.5% wrapped and levelized 1 year of debt svc 1 year of debt svc Zero capitalization Zero capitalization Combine into one item Costs of Issuance at 2.5% Combine into one item Costs of Issuance at 2.5% FY 2021 - FY 2025 14 URS Update INTERNAL SERVICE CHARGE CODES SUBJECT TO 5.0% INFLATION RATE for FY16 -17 and 3.0% for FY18 - 21N/A N/A FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 2 – Beginning Balances APPENDIX A BURTON & ASSOCIATES 13 City of Clearwater Utility & Governmental Economics Final Report FUND BALANCES 9/30/2014 Revenue Fund 26,490,655$ Restricted Reserves 1,375,313$ TOTAL CONSOLIDATED FUND BALANCE 27,865,968$ REVENUE FUND DETAIL Current Unrestricted Assets Cash and Investments 24,884,907$ Accrued Interest Receivable 97,314$ Accounts and Contracts Receivable (net of Allowance for Uncoll.)2,238,619$ Other Receivables -$ Interfund Receivables -$ Due From Other Governmental Entities -$ Inventories -$ Prepaid Expenses and Other Assets -$ Total Current Unrestricted Assets 27,220,840$ Less: Accounts and Contracts Payable (324,975)$ Less: Accrued Payroll (72,289)$ Less: Accrued Interest Payable -$ Less: Due to Other Funds -$ Less: Due to Other Governmental Entities -$ Less: Deposits -$ Less: Unearned Revenue and Liens -$ Less: Current Potion of LT Liabilities - Compensated Absences (118,851)$ Less: Current Potion of LT Liabilities - OPEB -$ Less: Current Potion of LT Liabilities - Revenue Bonds (114,583)$ Less: Current Potion of LT Liabilities - Notes (99,487)$ Less: Current Potion of LT Liabilities - Claims Payable -$ Total Unrestricted Working Capital 26,490,655$ Less: Inventories -$ Net Unrestricted Working Capital Available 26,490,655$ RESTRICTED RESERVE FUND DETAIL Restricted Reserve Assets Assets in Stormwater 04 Bond Debt Service Fund 230 376,522$ Assets in Bond Debt Service Requirements Fund 244 1,368,666$ Assets in Stormwater 05 Bond Debt Service Fund 277 236,842$ Assets in Stormwater 12 Bond Debt Service Fund 281 876,876$ Assets in Stormwater 13 Bond Debt Service Fund 282 182,186$ Assets in Stormwater 14 Bond Debt Service Fund 285 23,617$ Total Noncurrent Restricted Reserve Assets 3,064,709$ Less: Accrued Interest Payable (428,979)$ Less: Current Portion of LT Liabilities - Revenue Bonds (1,260,417)$ Net Restricted Reserve Balance 1,375,313$ FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 3 – Capital Improvement Plan APPENDIX A BURTON & ASSOCIATES 14 City of Clearwater Utility & Governmental Economics Final Report Project Description FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Public Works Complex -$ 16,000 110,720 1,080,710 174,130 1,729,740 - - - - - A/C Replacement 8,094 - - - - - - - - - - Flooring of Facilities 2,269 - - - - - - - - - - Roof Repairs - - - - - - - - - - - Storm Pipe Syst Imprvmnts 7,020,120 1,682,550 1,914,380 951,150 2,374,320 1,199,690 2,494,000 - - - - Town Pond 5,144 - - - - - - - - - - Stevensons Crk Est Rest 730,461 - - - - - - - - - - FDEP Compliance - - - - - - - - - - - Allens Crk Imprv Pjs 154,843 - - - - - - - - - - Stormwater System Expansion 2,348,451 300,000 300,000 300,000 300,000 300,000 300,000 - - - - Stevenson Creek 1,303,462 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 - - - - Coastal Basins Improv Projs 2,924,605 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 - - - - Alligator Creek Watershed Projs 1,744,023 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 - - - - Allen's Crk Wtrshd Mgmnt Plan 106,960 - - - - - - - - - - Jeffords St Outfall 93,352 - - - - - - - - - - Smallwood Circle 1,192,514 - - - - - - - - - - Tropic Hills Phs III - - - - - - - - - - - Stormwater Maint St Swping Facility 381,583 - - - - - - - - - - Jeffords Street Channel - - - - - - - - - - - Mandalay Ave Outfall 0 - - - - - - - - - - Magnolia Dr Outfall 1,343,607 - - - - - - - - - - Woodlawn Terr Floodplain Storage Facility 333,795 - - - - - - - - - - Hillcrest Bypass Culvert 1,950,000 - - - - - - - - - - Mango Outfall 900,000 - - - - - - - - - - East Gateway Improvements 750,000 - - - - - - - - - - Dump Trailer - 60,000 - - - - - - - - - Roll Off Truck - 230,000 - - - - - - - - - 4WD Ford Explorer - 30,000 - - - - - - - - - Citywide Aerial Photography 3,312 - - - - - - - - - - Unspecified Stormwater (1)-$ - - - - - - 7,633,095 7,959,169 8,315,342 8,570,153 315-961xx NNC Requirements - Scenario - - - - - - - - - - - 315 961xx Stormwater Maintenance R&R - - - - - - - - - - - Total CIP Budget 23,296,596$ 5,818,550 5,825,100 5,831,860 6,348,450 6,729,430 6,294,000 7,633,095 7,959,169 8,315,342 8,570,153 Cumulative Projected Cost Escalation (2)0.00%3.00%6.10%9.30%12.60%15.90%19.40%23.00%26.70%30.50%34.40% Resulting CIP Funding Level 23,296,596$ 5,993,107 6,180,431 6,374,223 7,148,355 7,799,409 7,515,036 9,388,706 10,084,268 10,851,522 11,518,286 Annual CIP Execution Percentage 48.5%168.7%168.7%168.6%100.0%100.0%100.0%100.0%100.0%100.0%100.0% Final CIP Funding Level 11,296,596$ 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 (1) Unspecified Future Stormwater Projects are calculated as a 5-yr rolling average of all budgeted Stormwater CIP expenditures (2) Annual cost escalation factor of 3.00% is based upon the 5-year average increase in utility construction costs, per the Engineering News Record Construction Cost Index (ENR-CCI). FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Projection of Cash Inflows APPENDIX A BURTON & ASSOCIATES 15 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Projection Assumptions Growth N/A 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Annual Stormwater Rate Increase Assumed N/A 1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25% Stormwater Rate Revenue Subject to Growth & Rate Increases 17,165,316$ 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 19,435,787 Other Operating Revenue Late Payment Fee 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Scrap Sales 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 Misc. - Capital Labor 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 Misc. - Parking Oper Fund Transfer 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 Misc. - Workers Comp Reimburse 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Total Operating Revenue 147,890$ 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 Interest Earnings Revenue Interest Earned on Invested Funds 468,178$ 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 280,140 295,504 Total Interest Earnings Revenue 468,178$ 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 280,140 295,504 Transfers In General Fund 237,870$ - - - - - - - - - - Community Rdvlpmnt Agncy 301,303 - - - - - - - - - - Grant Funded CIP Proceeds 3,056,251 3,056,251 - - - - - - - - - Total Transfers In & Grant Funding 3,595,424$ 3,056,251 - - - - - - - - - Total Cash Inflows 21,376,808$ 21,211,268 18,446,286 18,559,982 18,679,091 18,851,317 19,032,311 19,214,581 19,403,105 19,623,868 19,879,180 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 16 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 O&M, Transfers Out, Capital Outlay, & Debt Service Expenditures O&M EXPENSES 01365 Eng-Stormwater Management 510100 Full Time Salaries & Wages 586,450$ 641,530 657,568 674,007 690,858 708,129 725,832 743,978 762,578 781,642 801,183 510200 Part Time Salaries & Wages 12,290 12,290 12,597 12,912 13,235 13,566 13,905 14,253 14,609 14,974 15,349 510500 Overtime 1,210 1,270 1,302 1,334 1,367 1,402 1,437 1,473 1,509 1,547 1,586 520100 Life Ins $2500 Empl & Pens 60 90 93 95 98 101 104 107 111 114 117 520200 1% Life Insurance-Employee 820 870 896 923 951 979 1,009 1,039 1,070 1,102 1,135 520300 Samp Life Insurance 1,020 2,100 2,163 2,228 2,295 2,364 2,434 2,508 2,583 2,660 2,740 520400 Major Medical Ins-Emp 88,550 92,160 100,454 108,491 117,170 126,544 136,667 147,600 159,409 172,161 185,934 520600 Social Security-Employee 14,160 15,240 15,697 16,168 16,653 17,153 17,667 18,197 18,743 19,306 19,885 520700 Emp Pension Plan 100,860 105,350 118,362 121,321 124,354 127,463 130,650 133,916 137,264 140,696 144,213 520900 Workers Compensation 5,940 6,950 7,159 7,373 7,594 7,822 8,057 8,299 8,548 8,804 9,068 521000 Disability Insurance 420 430 443 456 470 484 498 513 529 545 561 522000 CWA Life Insurance 200 200 206 212 219 225 232 239 246 253 261 530100 Professional Services 83,000$ 83,000 85,490 88,055 90,696 93,417 96,220 99,106 102,080 105,142 108,296 530300 Other Contractual Serv 349,800 346,800 357,204 367,920 378,958 390,326 402,036 414,097 426,520 439,316 452,495 542200 Elec-Util Charges 7,000 7,000 7,210 7,426 7,649 7,879 8,115 8,358 8,609 8,867 9,133 542300 Gas,Water & Sanitation Utl 880 880 906 934 962 990 1,020 1,051 1,082 1,115 1,148 542500 Postage 1,600 1,600 1,648 1,697 1,748 1,801 1,855 1,910 1,968 2,027 2,088 543100 Advertising 780 780 803 828 852 878 904 931 959 988 1,018 543400 Printing & Binding 5,500 5,500 5,665 5,835 6,010 6,190 6,376 6,567 6,764 6,967 7,176 544100 Equipt Rental 100 100 103 106 109 113 116 119 123 127 130 546100 Ofc Equip Svc & Repair 100 100 103 106 109 113 116 119 123 127 130 546200 Other Equip Svc & Repair 250 250 258 265 273 281 290 299 307 317 326 547100 Uniforms-Employee 580 580 597 615 634 653 672 693 713 735 757 547200 Travel Expense-Emp 4,400 6,100 6,283 6,471 6,666 6,866 7,072 7,284 7,502 7,727 7,959 547300 Mileage Reimbursement 410 410 422 435 448 461 475 490 504 519 535 547400 Meals-Employee 80 80 82 85 87 90 93 96 98 101 104 547700 Cell Phone Stipend 360 360 371 382 393 405 417 430 443 456 470 548000 Other Services Or Charges 100 100 103 106 109 113 116 119 123 127 130 550100 Office Supplies 720 720 742 764 787 810 835 860 886 912 939 550400 Operating Supplies & Matls 4,640 4,640 4,779 4,923 5,070 5,222 5,379 5,540 5,707 5,878 6,054 557100 Memberships/Subs/Lic Emp 10,950 6,520 6,716 6,917 7,125 7,338 7,558 7,785 8,019 8,259 8,507 557200 Officl Recognition-Emp 100 100 103 106 109 113 116 119 123 127 130 557300 Training & Ref Employee 5,500 8,250 8,498 8,752 9,015 9,285 9,564 9,851 10,146 10,451 10,764 540100 Garage Services 8,220$ 8,630 9,062 9,333 9,613 9,902 10,199 10,505 10,820 11,145 11,479 540300 Telephone Service Variable 1,950 2,050 2,152 2,217 2,283 2,352 2,422 2,495 2,570 2,647 2,726 540600 Telephone Svc Fixed 1,310 1,380 1,448 1,492 1,537 1,583 1,630 1,679 1,730 1,781 1,835 540700 Postal Service 12,500 13,120 13,776 14,189 14,615 15,053 15,505 15,970 16,449 16,943 17,451 540900 Risk Mgmt Service 2,420 2,420 2,541 2,617 2,696 2,777 2,860 2,946 3,034 3,125 3,219 541000 Info Technology Charge 97,350 102,220 107,330 110,550 113,867 117,283 120,801 124,425 128,158 132,003 135,963 542000 Employee Benefits-Fixed 1,860 1,950 2,048 2,109 2,172 2,237 2,304 2,374 2,445 2,518 2,594 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 17 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 02090 Pub Ser-Stormwater Util 510100 Full Time Salaries & Wages 1,501,940$ 1,679,050 1,721,026 1,764,052 1,808,153 1,853,357 1,899,691 1,947,183 1,995,863 2,045,759 2,096,903 510500 Overtime 31,950 30,460 31,222 32,002 32,802 33,622 34,463 35,324 36,207 37,113 38,040 520100 Life Ins $2500 Empl & Pens 20 30 31 32 33 34 35 36 37 38 39 520200 1% Life Insurance-Employee 600 640 659 679 699 720 742 764 787 811 835 520300 Samp Life Insurance 330 660 680 700 721 743 765 788 812 836 861 520400 Major Medical Ins-Emp 342,010 433,040 472,014 509,775 550,557 594,601 642,169 693,543 749,026 808,948 873,664 520600 Social Security-Employee 25,160 27,900 28,737 29,599 30,487 31,402 32,344 33,314 34,313 35,343 36,403 520700 Emp Pension Plan 297,370 314,750 309,785 317,529 325,468 333,604 341,944 350,493 359,255 368,237 377,443 520900 Workers Compensation 47,540 40,920 42,148 43,412 44,714 46,056 47,437 48,861 50,326 51,836 53,391 521000 Disability Insurance 260 260 268 276 284 293 301 310 320 329 339 522000 CWA Life Insurance 3,660 7,550 7,777 8,010 8,250 8,498 8,753 9,015 9,286 9,564 9,851 530300 Other Contractual Serv 130,600$ 130,600 134,518 138,554 142,710 146,991 151,401 155,943 160,622 165,440 170,403 542300 Gas,Water & Sanitation Utl 19,590 22,700 23,381 24,082 24,805 25,549 26,316 27,105 27,918 28,756 29,618 542500 Postage 120 120 124 127 131 135 139 143 148 152 157 542700 Interfd Svc Chg-Other Fund 11,310 11,880 12,473 12,848 13,233 13,630 14,039 14,460 14,894 15,341 15,801 542800 Interfd Other Serv Chgs 1,000,580 1,050,610 1,103,141 1,136,235 1,170,322 1,205,431 1,241,594 1,278,842 1,317,207 1,356,724 1,397,425 542900 Interfd Admin Service Chg 605,710 614,640 645,372 664,733 684,675 705,215 726,372 748,163 770,608 793,726 817,538 543400 Printing & Binding 500 500 515 530 546 563 580 597 615 633 652 543500 Dump Fee (1)250,000 250,000 180,000 185,400 190,962 196,691 202,592 208,669 214,929 221,377 228,019 544100 Equipt Rental 33,000 33,000 33,990 35,010 36,060 37,142 38,256 39,404 40,586 41,803 43,058 545100 Insurance 91,700 109,670 112,960 116,349 119,839 123,435 127,138 130,952 134,880 138,927 143,094 546200 Other Equip Svc & Repair 4,200 6,000 6,180 6,365 6,556 6,753 6,956 7,164 7,379 7,601 7,829 547100 Uniforms-Employee 13,600 15,100 15,553 16,020 16,500 16,995 17,505 18,030 18,571 19,128 19,702 547200 Travel Expense-Emp 6,750 6,750 6,953 7,161 7,376 7,597 7,825 8,060 8,302 8,551 8,807 547300 Mileage Reimbursement 400 400 412 424 437 450 464 478 492 507 522 547400 Meals-Employee 650 650 670 690 710 732 754 776 799 823 848 548000 Other Services Or Charges 1,000 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 550100 Office Supplies 4,000 4,000 4,120 4,244 4,371 4,502 4,637 4,776 4,919 5,067 5,219 550400 Operating Supplies & Matls 250,000 250,000 257,500 265,225 273,182 281,377 289,819 298,513 307,468 316,693 326,193 551500 Medical Supplies 1,000 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 552500 $750-5000 Mach & Equip 22,200 33,100 34,093 35,116 36,169 37,254 38,372 39,523 40,709 41,930 43,188 557100 Memberships/Subs/Lic Emp 2,840 3,120 3,214 3,310 3,409 3,512 3,617 3,725 3,837 3,952 4,071 557200 Officl Recognition-Emp 390 390 402 414 426 439 452 466 480 494 509 557300 Training & Ref Employee 18,050 20,230 20,837 21,462 22,106 22,769 23,452 24,156 24,880 25,627 26,396 540100 Garage Services 1,151,920$ 1,209,520 1,269,996 1,308,096 1,347,339 1,387,759 1,429,392 1,472,273 1,516,442 1,561,935 1,608,793 540300 Telephone Service Variable 1,800 1,890 1,985 2,044 2,105 2,169 2,234 2,301 2,370 2,441 2,514 540500 Radio Svc-Fixed 10,880 11,420 11,991 12,351 12,721 13,103 13,496 13,901 14,318 14,747 15,190 540600 Telephone Svc Fixed 1,310 1,380 1,448 1,492 1,537 1,583 1,630 1,679 1,730 1,781 1,835 540700 Postal Service 180 190 200 205 212 218 225 231 238 245 253 540900 Risk Mgmt Service 9,430 9,900 10,394 10,706 11,027 11,358 11,699 12,050 12,412 12,784 13,167 541000 Info Technology Charge 125,010 131,260 137,822 141,957 146,216 150,602 155,120 159,774 164,567 169,504 174,589 541100 Bldg & Maint Dept Svc Fx - - - - - - - - - - - 541500 Garage Variable 11,000 11,550 12,128 12,491 12,866 13,252 13,650 14,059 14,481 14,915 15,363 541600 Bldg & Maint-Variable - - - - - - - - - - - 541800 Administrative Charge 342,310 359,430 377,401 388,723 400,385 412,396 424,768 437,511 450,637 464,156 478,080 542000 Employee Benefits-Fixed 7,240 7,600 7,980 8,219 8,466 8,720 8,982 9,251 9,529 9,814 10,109 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 18 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 One-Time Settlement with Core (2)-$ 1,300,000 - - - - - - - - - Total O&M Expenses 7,794,550$ 9,628,976 8,587,539 8,859,529 9,141,612 9,434,266 9,737,995 10,053,338 10,380,862 10,721,173 11,074,914 % of Budgeted O&M Assumed to be Executed 100%100%100%100%100%100%100%100%100%100%100% Projected O&M Cost to be Funded 7,794,550$ 9,628,976 8,587,539 8,859,529 9,141,612 9,434,266 9,737,995 10,053,338 10,380,862 10,721,173 11,074,914 Projected O&M Reduction from Budget - - - - - - - - - - - Transfers Out 01365 Eng-Stormwater Management 590200 Interfund Transfer (3)897,720$ 942,610 964,027 975,976 988,074 1,000,323 1,012,726 1,025,283 1,037,998 1,050,871 1,063,905 Total Transfers Out 897,720$ 942,610 964,027 975,976 988,074 1,000,323 1,012,726 1,025,283 1,037,998 1,050,871 1,063,905 Capital Outlay 02090 Pub Ser-Stormwater Util 564000 >$5,000 Machinery & Equip 40,610$ 24,500 25,235 25,992 26,772 27,575 28,402 29,254 30,132 31,036 31,967 Total Capital Outlay 40,610$ 24,500$ 25,235$ 25,992$ 26,772$ 27,575$ 28,402$ 29,254$ 30,132$ 31,036$ 31,967$ Bond/Debt Service Expenses Existing Senior Lien Debt Service 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 Short Term Debt Service Lease/Purchase Debt Payments (Existing Total)104,090 72,945 31,350 - - - - - - - - Cumulative New Short Term Debt Service (4)- 68,576 68,576 68,576 68,576 68,576 - - - - - Total Bond/Debt Service Expenses 2,563,176$ 2,675,680 2,639,222 2,609,372 2,615,727 2,626,607 2,548,441 2,544,224 2,587,571 2,592,425 3,054,988 % of O&M Assumed to be Executed 100%100%100%100%100%100%100%100%100%100%100% Total Expenditures 11,296,056$ 13,271,766 12,216,023 12,470,869 12,772,185 13,088,771 13,327,564 13,652,099 14,036,562 14,395,505 15,225,774 Projected O&M Reduction from Budget - - - - - - - - - - - (1) Reduction in Fee occurs in FY 2017 as a result of expiration of 3-year increase in fee for Sherwood Yard construction. (2) Pending legislative decision, the one-time settlement amount may be less than projected. (3) Interfund Transfers represent annual Payment In Lieu of Taxes (PILOT) payments, calculated as 5.5% of prior year operating revenues. (4) It is assumed in FAMS that $320,000 will be spent on unspecified future L/P projects in FY 2016 per documentation provided by City Staff. Each L/P project will be financed over a five year period at an annual cost of borrowing ranging from 1.5% to 2.5% FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL © Control Panel APPENDIX A BURTON & ASSOCIATES 19 City of Clearwater Utility & Governmental Economics Final Report Note: The Last Plan (green bars) represents the final results of the FY 2014 Stormwater RSA conducted by Burton & Associates. FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%FY 2020 FY 2025 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%6.43%13.29% 2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%0.00%14.52%31.15% 4.06 3.88 3.88 3.82 3.74 3.68 3.65 3.60 3.49 3.42 2.88 PS FY16 ►100% 3.99 3.91 4.01 4.12 4.22 4.37 4.50 4.64 4.78 4.93 0.00 OMV FY16 ►100% 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.20 1.15 1.20 OMF FY16 ►100% 48%169%169%169%100%100%100%100%100%100%100% 50%50%50%50%50%50%50%50%50%50%50% Monthly Bill:$14.15 $14.15 14.33 14.51 14.69 14.87 15.06 15.25 15.44 15.63 15.83 16.03 PILOT 5.5% $14.15 14.54 14.94 15.35 15.77 16.20 16.65 17.11 17.58 18.06 0.00 First Bond 2015 N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y NNC?N N N N N N N N N N N N Check -$ Interim Financing Revenue Bond Short-Term Financing FINANCIAL ANALYSIS AND MANAGEMENT SYSTEM (FAMS) SUMMARY Stormwater Rate Increases Last Plan Last Plan CIP Execution % ► Operating Reserve % ► Rate Covenant Min Coverage Req. Cumulative Change Override ► Last Plan 0 10 20 30 14 15 16 17 18 19 20 21 22 23 24 25 Mi l l i o n s ( $ ) Operating Fund Current Plan Last Plan Target 0 5 10 15 15 16 17 18 19 20 21 22 23 24 25 Mil l i o n s ( $ ) Capital Spending Current Plan Last Plan 0 10 20 30 40 15 16 17 18 19 20 21 22 23 24 25 Mil l i o n s ( $ ) Revenue Vs. Expenses Cash In Cash Out 0 10 20 30 15 16 17 18 19 20 21 22 23 24 25 Mil l i o n s ( $ ) Long-Term Borrowing Current Plan Last Plan 0 10 20 30 14 15 16 17 18 19 20 21 22 23 24 25 Mil l i o n s ( $ ) Interim Financing Current Plan Last Plan SAVE CALC FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Pro Forma APPENDIX A BURTON & ASSOCIATES 20 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues & Expenses Revenue Subject to Rate Increases Stormwater Rate Revenue 17,165,316$ 17,165,316 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 Wtd. Average Proposed Rate Increase 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25% Rate Revenue from Rate Increase - 214,566 217,249 219,964 222,714 225,498 228,316 231,170 234,060 236,986 239,948 Total Rate Revenue Subject to Growth & Rate Increase 17,165,316$ 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 19,435,787 Plus: Other Operating Revenue 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 Total Operating Revenue 17,313,206$ 17,527,772 17,745,021 17,964,985 18,187,699 18,413,196 18,641,513 18,872,683 19,106,743 19,343,729 19,583,677 Less: Personal Services (3,062,820) (3,413,740) (3,531,285) (3,651,588) (3,777,433) (3,909,161) (4,047,137) (4,191,754) (4,343,430) (4,502,618) (4,669,803) Less O&M Expenses (4,731,730) (4,915,236) (5,056,254) (5,207,941) (5,364,180) (5,525,105) (5,690,858) (5,861,584) (6,037,432) (6,218,554) (6,405,111) Equals: Net Operating Income 9,518,656$ 9,198,797 9,157,482 9,105,456 9,046,086 8,978,930 8,903,517 8,819,345 8,725,881 8,622,556 8,508,763 Plus: Non-Operating Income/(Expense) Interest Earned On Fund Balances 468,178 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 238,910 295,504 Transfers In 3,595,424 3,056,251 - - - - - - - - - Total Non Operating Income 4,063,602$ 3,683,496 701,265 594,997 491,392 438,121 390,798 341,898 296,362 238,910 295,504 Net Income 13,582,258$ 12,882,292 9,858,747 9,700,453 9,537,479 9,417,051 9,294,316 9,161,244 9,022,244 8,861,466 8,804,267 Less: Transfers In (3,595,424) (3,056,251) - - - - - - - - - Net Income Available For Debt Service 9,986,834$ 9,826,041 9,858,747 9,700,453 9,537,479 9,417,051 9,294,316 9,161,244 9,022,244 8,861,466 8,804,267 Senior Lien Debt Service Coverage Existing Senior Lien Debt 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 Cumulative New Senior Lien Debt for Additional Borrowings - - - - - - - - 42,021 52,568 501,212 Total Senior Lien Debt Service 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,587,571 2,592,425 3,054,988 Senior Lien Debt Service Coverage 1.15 Req'd 4.06 3.88 3.88 3.82 3.74 3.68 3.65 3.60 3.49 3.42 2.88 Parity Test 1.20 Req'd 3.89 3.94 3.87 3.89 3.82 3.76 3.71 3.66 3.55 3.48 2.92 Net Income Available For Debt Service 9,986,834$ 9,826,041 9,858,747 9,700,453 9,537,478 9,417,051 9,294,315 9,161,244 9,022,244 8,861,466 8,804,267 Plus: Transfers In 3,595,424 3,056,251 - - - - - - - - - Less: Transfers Out (897,720) (942,610) (964,027) (975,976) (988,074) (1,000,323) (1,012,726) (1,025,283) (1,037,998) (1,050,871) (1,063,905) Less: Total Senior Lien Debt Service Existing Senior Lien Debt (2,459,086) (2,534,159) (2,539,296) (2,540,796) (2,547,151) (2,558,031) (2,548,441) (2,544,224) (2,545,550) (2,539,857) (2,553,776) Cumulative New Senior Lien Debt for Additional Borrowings - - - - - - - - (42,021) (52,568) (501,212) Less: Short Term Debt Service (104,090) (141,521) (99,926) (68,576) (68,576) (68,576) - - - - - Less: Capital Outlay (40,610) (24,500) (25,235) (25,992) (26,772) (27,575) (28,402) (29,254) (30,132) (31,036) (31,967) Net Cash Flow 10,080,752$ 9,239,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 Unrestricted Reserve Fund - Beginning of Year Balance 26,490,655$ 25,274,811 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 Plus: Cash Flow Surplus 10,080,752 7,939,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 Less: Projects Paid with Reserve Funds (Non Specified Funding)(11,296,596) (10,113,107) (10,424,431) (10,746,223) (7,148,355) (7,799,409) (7,515,036) (7,633,095) (7,266,827) (5,016,979) (4,476,536) Unrestricted Reserve Fund - End of Year Balance 25,274,811$ 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 5,537,457 Minimum Working Capital Reserve Target:6.00 Mos O&M 3,897,275 4,164,488 4,293,769 4,429,765 4,570,806 4,717,133 4,868,998 5,026,669 5,190,431 5,360,586 5,537,457 Excess/(Deficiency) Of Working Capital To Target 21,377,536$ 18,936,719 14,613,269 9,820,164 8,437,673 6,254,483 4,292,330 2,064,046 - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 8 – Capital Projects Funding Sources APPENDIX A BURTON & ASSOCIATES 21 City of Clearwater Utility & Governmental Economics Final Report FINAL CAPITAL PROJECTS FUNDING SOURCES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 04 BOND DS/REQ FUND 230/244 -$ - - - - - - - - - - 05 BOND DS FUND 277 - - - - - - - - - - - 12 BOND DS FUND 281 - - - - - - - - - - - 13 BOND DS FUND 282 - - - - - - - - - - - CAPITAL IMPR FUND 315 - - - - - - - - - - - RENEWAL & REPLACEMENT - - - - - - - - - - - COMMERCIAL PAPER PROCEEDS - - - - - - - - - - - SRF LOANS - - - - - - - - - - - REVENUE FUND 11,296,596 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,266,827 5,016,979 4,476,536 SRF PROCEEDS - - - - - - - - - - - DEBT PROCEEDS - - - - - - - - 692,342 3,298,364 4,093,617 PROJECTS DESIGNATED TO BE PAID WITH CASH - - - - - - - - - - - TOTAL PROJECTS PAID 11,296,596$ 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 TOTAL CIP INPUT 11,296,596 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 VARIANCE - - - - - - - - - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 9 – Projection of Long-Term Borrowing APPENDIX A BURTON & ASSOCIATES 22 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Sources of Funds Par Amount $- - - - - - - - 764,010 - 8,157,167 Interest During Construction - - - - - - - - - - - Total Sources of Funds $- - - - - - - - 764,010 - 8,157,167 Uses of Funds Proceeds $- - - - - - - - 692,342 - 7,391,981 Cost of Issuance 2.50%of Par - - - - - - - - 19,100 - 203,929 Underwriter's Discount $0.00 per $1,000 - - - - - - - - - - - Bond Insurance 0 times total Debt Service - - - - - - - - - - - Capitalized Interest 0 Years Interest - - - - - - - - - - - Debt Service Surety 0.00%of Debt Service - - - - - - - - - - - Debt Service Reserve 1 Years of Debt Service - - - - - - - - 52,568 - 561,257 Other Costs Total Uses $- - - - - - - - 764,010 - 8,157,167 1 Year Interest $- - - - - - - - 42,021 - 448,644 Annual Debt Service $- - - - - - - - 52,568 - 561,257 Total Debt Service $- - - - - - - - 1,577,040 - 16,837,712 Cumulative New Annual Debt Service $- - - - - - - - 42,021 52,568 501,212 Interim Financing Section FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Balance as of 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Utilize Interim Financing?9/30/2014 N Y N Y N Y N Y N Y Interim Financing Proceeds $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,298,364 Interest Payments 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $41,230 EOY Balance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,298,364 PROCEEDS TO BE BOND-FUNDED $0 $0 $0 $0 $0 $0 $0 $0 $692,342 $0 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 10 – Projection of Short-Term Financing APPENDIX A BURTON & ASSOCIATES 23 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Term (Years)5 5 5 5 5 5 5 5 5 5 5 Interest Rate 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Sources of Funds Par Amount $- 323,232 - - - - - - - - - Interest During Construction - - - - - - - - - - - Total Sources of Funds $- 323,232 - - - - - - - - - Uses of Funds Proceeds $- 320,000 - - - - - - - - - Cost of Issuance 1.00%of Par - 3,232 - - - - - - - - - Underwriter's Discount $0.00 per $1,000 - - - - - - - - - - - Bond Insurance 0 times total Debt Service - - - - - - - - - - - Capitalized Interest 0 Years Interest - - - - - - - - - - - Debt Service Reserve 0.00%of Debt Service - - - - - - - - - - - Other Costs 0 Years of Debt Service - - - - - - - - - - - Total Uses - 323,232 - - - - - - - - - 1 Year Interest $- 6,465 - - - - - - - - - Annual Debt Service $- 68,576 - - - - - - - - - Total Debt Service $- 342,880 - - - - - - - - - Cumulative New Annual Debt Service $- 68,576 68,576 68,576 68,576 68,576 - - - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 11 – Funding Summary by Fund APPENDIX A BURTON & ASSOCIATES 24 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 REVENUE FUND BALANCE AT BEGINNING OF FISCAL YEAR 26,490,655$ 25,274,811 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 ADDITIONAL ANNUAL REVENUES 10,080,752 7,939,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 LESS: CASH-FUNDED CAPITAL PROJECTS - - - - - - - - - - - LESS: PAYMENT OF DEBT SERVICE - - - - - - - - - - - SUBTOTAL 36,571,407$ 33,214,314 29,331,470 24,996,152 20,156,834 18,771,026 16,676,363 14,723,809 12,457,258 10,377,565 10,013,993 LESS: RESTRICTED FUNDS (3,897,275) (4,164,488) (4,293,769) (4,429,765) (4,570,806) (4,717,133) (4,868,998) (5,026,669) (5,190,431) (5,360,586) (5,537,457) TOTAL AMOUNT AVAILABLE FOR PROJECTS 32,674,132$ 29,049,826 25,037,701 20,566,387 15,586,028 14,053,893 11,807,366 9,697,141 7,266,827 5,016,979 4,476,536 AMOUNT PAID FOR PROJECTS (11,296,596) (10,113,107) (10,424,431) (10,746,223) (7,148,355) (7,799,409) (7,515,036) (7,633,095) (7,266,827) (5,016,979) (4,476,536) SUBTOTAL 21,377,536$ 18,936,719 14,613,269 9,820,164 8,437,673 6,254,483 4,292,330 2,064,046 - - - ADD BACK: RESTRICTED FUNDS 3,897,275 4,164,488 4,293,769 4,429,765 4,570,806 4,717,133 4,868,998 5,026,669 5,190,431 5,360,586 5,537,457 PLUS: INTEREST EARNINGS 388,241 483,760 525,103 414,462 340,730 299,751 251,662 203,151 153,514 131,888 136,226 LESS: INTEREST ALLOCATED TO CASH FLOW (388,241) (483,760) (525,103) (414,462) (340,730) (299,751) (251,662) (203,151) (153,514) (131,888) (136,226) BALANCE AT END OF FISCAL YEAR 25,274,811$ 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 5,537,457 RESTRICTED RESERVES BALANCE AT BEGINNING OF FISCAL YEAR 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 ADDITIONAL FUNDS:- - - - - - - - - - - DEBT SERVICE RESERVE ON NEW DEBT - - - - - - - - 52,568 - 561,257 OTHER ADDITIONAL FUNDS - - - - - - - - - - - SUBTOTAL 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 1,989,138 PLUS: INTEREST EARNINGS 20,630 27,506 34,383 34,383 34,383 34,383 34,383 34,383 35,040 35,697 42,713 LESS: INTEREST ALLOCATED TO CASH FLOW (20,630) (27,506) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) (35,040) (35,697) (42,713) BALANCE AT END OF FISCAL YEAR 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 1,989,138 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 12 – FY 2015 Stormwater User Fee Survey APPENDIX A BURTON & ASSOCIATES 25 City of Clearwater Utility & Governmental Economics Final Report $- $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 Clearwater Dunedin Pinellas County Safety Harbor St. Pete Beach St. Petersburg New Port Richey Tarpon Springs Largo Oldsmar Tampa Port Richey Clearwater Dunedin Pinellas County Safety Harbor St. Pete Beach St. Petersburg New Port Richey Tarpon Springs Largo Oldsmar Tampa Port Richey Stormwater Fee $14.45 $9.72 $9.67 $7.25 $7.11 $6.84 $6.45 $5.65 $5.32 $4.00 $3.00 $3.00 FY 2015 Comparative Stormwater Fee Survey FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 13 – FY 2016 Stormwater User Fee Survey APPENDIX A BURTON & ASSOCIATES 26 City of Clearwater Utility & Governmental Economics Final Report Entity FY 2016 Action 1 Clearwater: 2.75% annual increases approved thru FY 17; conducting rate study Dunedin: 4.5% increase in FY 16 & FY 17, 3.5% in FY 18 & FY 19 Pinellas County: No increase planned for FY 16; future increases unknown Safety Harbor: No increase in FY 16; FY 16 Budget includes funds for rate study St. Pete Beach: Considering five-year plan to take fee from $7 to $14 per month St. Petersburg: No increases currently planned through FY 18 New Port Richey: No increases planned for near future Tarpon Springs: Burton & Associates is currently conducting a stormwater fee study. Largo: 25% increase proposed for FY 16; additional future increases anticipated Oldsmar: Future increases likely, but unknown Port Richey: No increase planned, but recognizes fee is low and needs adjustment Tampa: Potential increase in fee ranging from $3 to $15 Pasco County: Information regarding future increases not available Gulfport: No plans to increase rate over the next two years (1) Information gathered through research and inquiries as of June 2, 2015. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1624 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 21.1 SUBJECT/RECOMMENDATION: Clearwater Fire and Rescue Department Fire Fighter Appreciation Month Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1637 Agenda Date: 8/31/2015 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 21.2 SUBJECT/RECOMMENDATION: End of Session Report - Senator Jack Latvala SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2015