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02/29/2016Monday, February 29, 2016 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda February 29, 2016Council Work Session Work Session Agenda 1. Call to Order 2. Presentations 3. Economic Development and Housing Endorse the application for Project Atlas and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 16-03. 3.1 Endorse the application for Project Sweetooth and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 16-01. 3.2 Amend the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. and authorize the appropriate officials to execute same. (consent) 3.3 Amend the Economic Development Ad Valorem Tax Exemption for Instrument Transformers, Inc. and pass Ordinance 8882-16 on first reading. 3.4 4. Finance Approve the purchase of excess property insurance, including Boiler and Machinery and Terrorism coverages, from April 1, 2016 to April 1, 2017, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,600,000; approve locking in the property rate of $0.247878 per $100 of values for an additional year, through April 1, 2018; and authorize the appropriate officials to execute same. (consent) 4.1 Approve blanket purchase orders (contracts) for clothing purchases and uniform rentals to DesignLab and Cintas, respectively, for the annual amounts and renewal terms cited, and authorize the appropriate officials to execute same. (consent) 4.2 5. Parks and Recreation Ratify and confirm the City Manager’s approval of a purchase order (ST 112567) to Young Money Touring Inc. of Santa Monica, CA for $110,000 in order to secure a contract for the performance by Lil Wayne at Wild Splash to be held in Coachman Park on March 5, 2016. (consent) 5.1 Page 2 City of Clearwater Printed on 2/25/2016 February 29, 2016Council Work Session Work Session Agenda Approve a purchase order (contract) to Construction Manager at Risk, Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $230,039.98, which includes a 10% contingency, for site work and construction of a parking lot associated with Veteran’s War Memorial at Crest Lake Park and authorize the appropriate officials to execute same. (consent) 5.2 6. Engineering Approve the First Amendment for Term Extension for the Countywide ATMS/ ITS Traffic Signal Interlocal Agreement and authorize the appropriate officials to execute same. (consent) 6.1 Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc. in the amount of $427,200 for Kapok Terrace - Sanitary Sewer Expansion Project (15-0036-UT) and approve amendment 1 with Florida Department of Environmental Protection (FDEP) for the increased amount of $250,000 for the construction of sanitary sewer expansion program; and authorize the appropriate officials to execute same. (consent) 6.2 7. Planning Accept the annual report on the status of development agreements. (WSO) 7.1 8. Marine & Aviation Approve the Fourth Amendment to the lease agreement dated September 17, 2012 by and between the City of Clearwater, Florida (Lessor) and the Marina Cantina, LLC, (Lessee),and authorize the appropriate officials to execute same. (consent) 8.1 9. Official Records and Legislative Services Appoint one member to the Nuisance Abatement Board with term to expire February 28, 2020. 9.1 10. Legal Amend Section 27.06, Code of Ordinances, to extend the installment payment period for special assessments from not more than ten years to not more than twenty years, and pass Ordinance 8845-16 on first reading. 10.1 Page 3 City of Clearwater Printed on 2/25/2016 February 29, 2016Council Work Session Work Session Agenda Adopt Ordinance 8821-16 on second reading, annexing certain real properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.2 Adopt Ordinance 8822-16 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 properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). 10.3 Adopt Ordinance 8823-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 10.4 11. City Manager Verbal Reports Clearwater Beach Marina Parking Plan - Eric Wilson, Parking Manager and Mike Quillen, Engineering Director 11.1 Tourist Development Council funding request for Ruth Eckerd Hall11.2 12. City Attorney Verbal Reports 13. Council Discussion Item Policy Regarding Infrastructure Work that May Impact Traffic - Councilmember Hamilton 13.1 Spring Break - Councilmember Hamilton13.2 Positive discussion on transportation alternatives - Councilmember Jonson 13.3 Resolution supporting establishing a maintenance budget partnership to enable Florida Department of Transportation installed landscaping within the right-of-way at overpasses on US 19 - Councilmember Jonson 13.4 14. 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). 15. Closing Comments by Mayor 16. Adjourn Page 4 City of Clearwater Printed on 2/25/2016 February 29, 2016Council Work Session Work Session Agenda 17. Presentation(s) for Council Meeting Newspaper in Education Week Proclamation - Sue Bedry, Newspaper in Education and Florida Press Educational Services 17.1 Clearwater for Youth Scholarships/Awards - Dawn Daugherty, Chairperson CFY Scholarship Committee 17.2 Youth Arts Month Proclamation - Beth Daniels, President Clearwater Arts Alliance 17.3 Calvary Church Day Proclamation - Pastor William Rice17.4 Page 5 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2148 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Endorse the application for Project Atlas and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 16-03. SUMMARY: The Florida Legislature created Florida Statute, Section s .288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Atlas is the alias name of the applicant company. This Resolution provides a commitment of the City to support the QTI Program, which provides a performance -based incentive. The incentive is negotiated in advance of Project Atlas commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Atlas are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Atlas expansion will increase the Company ’s employment in Florida by greater than ten percent and, as evidenced by staff ’s economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Atlas is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 12 jobs over one year beginning in 2016. Project Atlas job creation schedule is as follows: PhaseNumber of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2148 I 12 12/31/2016 Total 12 Below are the types of jobs expected to be created by this manufacturing company: Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($) Electronic Manufacturing 334419 67%$43,750 Management/Admin Support 561110 33%$64,500 Average Wage 100%$49,340.00 Average wages of all new jobs created by Project Atlas is to be no less than $49,340, which is 115% of the Statewide Annual Average Wage as published by Enterprise Florida on January 1, 2015. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of four years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new job created and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local City of Clearwater Match award per new job created is $1,500 for a total Local Match of $6,000. Payment Schedule Disbursement of the Local Match is spread over a period of four years. Twenty-five percent of the Local Match is paid out over a four -year period for each phase in which the jobs are created. The schedule is as follows: PHASE# JOBS ELIGIBLE AWARD MAX OF 25% / YR FY16-17 FY17-18 FY18-19 FY19-20 I 12 $60,000 $1,500 $1,500 $1,500 $1,500 $1,500 TOTAL 12 $60,000 $1,500 $1,500 $1,500 $1,500 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation & Termination During the term of the agreement, the Local Match may be lowered under the following conditions: ·If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro -rated refund less five percent penalty of the schedule award amount for that year. ·If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro -rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: ·If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. Page 2 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2148 ·If the average wage falls below $49,340, the company will not receive a refund and will be terminated from the program. APPROPRIATION CODE AND AMOUNT: The Fiscal Year 2016-2017 funding is currently available in special program 181-99846, Economic Development - QTI. Future year funding will need to be allocated during the City ’s annual budget process. USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 2/25/2016 Page 1of 2 QUALIFIED TARGET INDUSTRYTAX REFUND PROGRAM WITH CASH LOCAL FINANCIAL SUPPORT PROVIDED BY TWO OR MORE LOCAL ENTITIES RESOLUTION NUMBER 16-03 A RESOLUTION BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL, RECOMMENDING PROJECT ATLAS,BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVEDBY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,as follows: WHEREAS, the business under consideration is an electronics manufacturing business, specifically,Project Atlas;and WHEREAS, Project Atlas is located/or intends to locateinthe City of Clearwater, Florida; and WHEREAS, Project Atlas has been identified as a Target Industry Business; and WHEREAS, Project Atlas plans toexpand operations and to create additional jobs in the City of Clearwater. The Company projects to add 12 jobs over one year beginning in 2016; and WHEREAS, City of Clearwaterhereby acknowledges that local financial support of 20%of the total tax refundof $60,000is required under the provisions ofs.288.106, Florida Statutes,governing the State’s Qualified Target Industry Tax Refund Program(QTI); and WHEREAS, Pinellas County hasagreedto participate in the provision of local financial support by committing$6,000,which is 10% of thetotalrequired QTI local financial support; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,that the Board hereby recommends Project Atlas be approved as a Qualified Target Industry Business pursuant to s.288.106,Florida Statutes. BE IT FURTHER RESOLVED, that the Governing Board of the City of Clearwater, Floridahas determined the basis of this project’s average private sector wage commitment calculationshall be115%of the statewide average annual wageeffective January 1, 2015. Page 2of 2 BE IT FURTHER RESOLVED,that the necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Atlas in the amount of $6,000, which is10%of the total required QTI local financial support, andthat thisamount will be made availablein accordance with the guidelines set forth by the Department of Economic Opportunitywith the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. This resolution shall take effect immediately upon its adoption. DULY ADOPTEDBY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,this ____day of ____________,2016. ATTEST: CITY OF CLEARWATER, FLORIDA Countersigned: _______________________By: ____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: ______________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk STAMP AND SIGNATURE OF NOTARY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2149 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Endorse the application for Project Sweetooth and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 16-01. SUMMARY: The Florida Legislature created Florida Statute, Section s .288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Sweetooth is the alias name of the applicant company. This Resolution provides a commitment of the City to support the QTI Program, which provides a performance -based incentive. The incentive is negotiated in advance of Project Sweetooth’s commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Sweetooth are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Sweetooth ’s expansion will increase the Company’s employment in Florida by greater than 10% percent and, as evidenced by staff ’s economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Sweetooth is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 12 jobs in one year to be created by December 31, 2016. Project Sweetooth job creation schedule is as follows: Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2149 PhaseNumber of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created I 12 12/31/2016 Total 12 Below are the types of jobs expected to be created by this manufacturing company: Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($) Manufacturing 311930 50%$35,000 HQ Administration 551114 50%$72,500 Average Wage 100%$53,750 Average wages of all new jobs created by Project Sweetooth is to be no less than $49,340, which is 115% of the Statewide Annual Average Wage as published by Enterprise Florida effective January 1, 2015. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of four years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new job created plus $2,000 per new job for DEO High Impact Sector Bonus. Eighty percent, $48,000, of this $60,000 award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $6,000 for City Local Match of $6,000 and $6,000 for Pinellas County Local Match. Payment Schedule of Local Match Twenty-five percent of the Local Match is paid out over a four -year period for each phase in which the jobs are created. The schedule is as follows: PHASE# JOBS ELIGIBLE AWARD MAX OF 25% / YR FY16-17 FY17-18 FY18-19 FY19-20 I 12 $6,000 $1,500 $1,500 $1,500 $1.500 $1,500 TOTAL $1,500 $1,500 $1,500 $1,500 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation & Termination During the term of the agreement, the Local Match may be lowered under the following conditions: ·If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro -rated refund less five percent penalty of the schedule award amount for that year. ·If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro -rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: ·If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. Page 2 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2149 ·If the average wage falls below $49,340, the company will not receive a refund and will be terminated from the program. APPROPRIATION CODE AND AMOUNT: The Fiscal Year 2016-17 funding is currently available in special program 181-99846, Economic Development - QTI. Future year funding will be allocated during the City ’s annual budget process. USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 2/25/2016 Page 1of 2 QUALIFIED TARGET INDUSTRYTAX REFUND PROGRAM WITH CASH LOCAL FINANCIAL SUPPORT PROVIDED BY TWO OR MORE LOCAL ENTITIES RESOLUTION NUMBER16-01 A RESOLUTION BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL, RECOMMENDINGPROJECT SWEETOOTH,BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVEDBY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,as follows: WHEREAS, the businessunder consideration is aninternational headquarters and manufacturing business, specifically,Project Sweetooth;and WHEREAS, Project Sweetooth is locatedinthe City of Clearwater,Florida; and WHEREAS, Project Sweetooth has been identified as a Target Industry Business;and WHEREAS, Project Sweetooth plans toexpand operations and to create additional jobs in the City of Clearwater. The Company projects to add 12 jobs over one year beginning in 2016; and WHEREAS, CITY OF CLEARWATER hereby acknowledges that local financial support of 20% of the total tax refundof $60,000is required under the provisions ofs.288.106, Florida Statutes,governing the State’s Qualified Target Industry Tax Refund Program; and WHEREAS, PINELLAS COUNTY has agreedto participate in the provision of local financial support by committing$6,000,which is 10percentof thetotalrequired QTI local financial support; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,hereby recommends Project Sweetooth be approved as a Qualified Target Industry Business pursuant to s.288.106,Florida Statutes. BE IT FURTHER RESOLVED, that the GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, has determined the basis of this project’s average private sector wage commitment calculationshall be115%of the statewide average annual wageeffective January 1, 2015. Page 2of 2 BE IT FURTHER RESOLVED,that the necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Sweetooth in the amount of $6,000,which is 10 percent of the total required QTI local financial support, andthat thisamount will be made availablein accordance with the guidelines set forth by the Department of Economic Opportunitywith the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. This resolution shall take effect immediately upon its adoption. DULY ADOPTEDBY THE GOVERNINGBOARD OF THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL, this ____ day of _______________, 2016. ATTEST: CITY OF CLEARWATER, FLORIDA Countersigned: _______________________By: ____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: ______________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk STAMP AND SIGNATURE OF NOTARY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2163 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Amend the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. and authorize the appropriate officials to execute same. (consent) SUMMARY: The Business Maintenance and Continued Performance Agreement (BMCPA) with Instrument Transformers, Inc. was approved by Council on March 10, 2014. The First Amendment to the BMCPA provides changes in the exemption period to Tax Year 2016 through Tax Year 2025 and the term to be in force through December 31, 2026. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2164 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Amend the Economic Development Ad Valorem Tax Exemption for Instrument Transformers, Inc. and pass Ordinance 8882-16 on first reading. SUMMARY: Ordinance 8524-13 was passed on second reading on December 19, 2013, approving an Economic Development Ad Valorem Tax Exemption (ED AVTE) for Instrument Transformers, Inc. for Tax Year 2014 through Tax Year 2023. Ordinance 8882-16 amends the exemption period to Tax Year 2016 through Tax Year 2025 and amends the sunset date to end of Calendar Year 2026 allowing the company to receive the maximum value of the exemption following completion of the project in November 2015. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/25/2016 Ordinance 8882-16@Bcl@640650a0 ORDINANCE NO. 8882-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE 8524-13 WHICH APPROVED AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR INSTRUMENT TRANSFORMERS, INC.;AMENDING THE EXEMPTION PERIOD; AMENDING THE SUNSET DATE;PROVIDING FOR SEVERABILITYAND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE ITORDAINED BY THE CITYCOUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Section 1(b)(3) of Ordinance 8524-13 is hereby amended to read as follows: That an Economic Development Ad Valorem tax exemption shall be approved for Instrument Transformers, Inc.–Tax year 2016 through Tax year 2025 as provided herein: ***** (3)The Instrument Transformers Ad Valorem Tax Exemption shall be for aperiod of ten (10) taxyears(the “Exemption Period”), commencing with Tax Year 2016 through Tax Year2025. The Instrument Transformers Ad Valorem Tax Exemption is conditioned upon the Company entering into an agreement with the City stating that it shall remain in compliance with Section 29.207of the Code throughout the Exemption Periodas well as the Business Maintenance and Continued Performance provision of the CompanyApplication. Should the Company fail to comply with Section 29.207 of the Codeor the Business Maintenance and ContinuedPerformance provision of the CompanyApplication,the Council mayrevoke the Instrument Transformers Ad Valorem Tax Exemption and recover any taxes exempted during the Exemption Period pursuantto Section 29.208of the Code. ***** Section 2. That Section 1(d) is hereby amended to read as follows: (d)Sunset Date. Ord XXXX-16 Instrument Transformers, Inc, -ED AVTE2 Ordinance 8882-16 The Instrument Transformers Ad Valorem Tax Exemption shall be in effect through Calendar Year 2026, at which time this ordinance shall automatically sunset and no longer be in force and effect. Section 3.If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. Section 4.The provisions of this Ordinance shall become effective immediately uponadoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2166 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the purchase of excess property insurance, including Boiler and Machinery and Terrorism coverages, from April 1, 2016 to April 1, 2017, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,600,000; approve locking in the property rate of $0.247878 per $100 of values for an additional year, through April 1, 2018; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department requested Arthur J. Gallagher and Co. (Florida) to obtain quotes for the property insurance program expiring April 1, 2016. Per the quotes obtained, Risk Management is recommending that the City continue with its current coverage of a $60 million wind limit with a maximum out-of-pocket deductible for hurricane damage and flood loss of $5 million and a $60 million flood limit. The self-insured retention (SIR) would remain at $100,000 per occurrence, with a 5% SIR for named storms up to the maximum deductible of $5 million. This $5 million deductible is a strong feature of this program due to the current soft market, available beginning with last year’s renewal. The City currently has a stand-alone policy through Zurich that it first obtained in April 2012 to insure three city bridges, Sand Key Bridge, Mandalay Channel pedestrian bridge and the McMullen Booth pedestrian overpass. The bridge policy has a self-insured retention (SIR) of $100,000 per occurrence, with a $500,000 SIR for named storms, and provides an additional $47 million of aggregate windstorm/flood/terrorism capacity that would otherwise be applied to the $60 million limit for the City's property insurance program. Zurich provided a three-year rate guarantee in April 2012 that they extended for an additional two years, through April 1, 2017. City staff will seek to either extend or replace the bridge program when it expires. The proposed renewal program includes Terrorism - Property and Liability coverage limits at $25 million for property damage and $10 million for liability. The program also provides Nuclear, Biological, Chemical & Radioactive Terrorism coverage with limits of $3 million. The renewal program also provides a total-limit increase from $50 million to $100 million for Equipment Breakdown coverage. Improvements were made to the property program sub-limits, which include the following: ·Errors & Omissions - Increased from $2 million to $10 million ·Mold, Fungus, Wet or Dry Rot - Increased from $500,000 to $1 million ·Expediting Expense - Increased from $1 million to $5 million ·Extra Expense - Increased from $5 million to $25 million ·Miscellaneous Unnamed Locations - Increased from $2.5 million to $5 million ·Reduced Minimum Deductibles for Named Wind and Flood - From $500,000 to Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2166 $100,000 In addition, an option was provided to the City to lock in the proposed property rate for the 2017-2018 policy term. The property rate provided this year is the lowest property rate the City has seen since prior to the 2005 hurricane season. Total premiums in the first year of the two-year program are estimated to be $1,550,838.31. This represents a decrease of $187,394.16 (10.8%) from last year's program cost. Staff recommends adding a contingency bringing first year program cost to a not-to-exceed amount of $1,600,000. This program, combined with the abovementioned bridge program, represents a premium rate of $0.238 per $100 of values. The rate for the property program alone (not including bridges, terrorism and boiler & machinery) is $0.247878 per $100 of values (Property Rate). In past years, the City has negotiated this rate annually; however, at this time, the City has the option to lock the Property Rate for an additional year (through April 1, 2018). The Risk Management Division recommends locking in at this rate for the additional year to take advantage of this historically low rate. The Risk Management Division will be required to resubmit the City’s statement of values prior to the second year of the program. While the rate will remain the same in the program’s second year, the total premium may increase due to property acquisition, new construction, replacement-value increases, etc. The additional year with the locked Property Rate is subject to certain contingencies including the following: the City’s loss ratio will be required to be less than 40%, have no material changes in exposures, and the carrier must not have any loss or material change of their treaty reinsurance in order to maintain the same rate for the 2017 renewal. Risk Management believes that the recommended coverages will continue to cover the City's property risks at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 590-07000-545100-519-000 to fund this expenditure. Page 2 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2176 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve blanket purchase orders (contracts) for clothing purchases and uniform rentals to DesignLab and Cintas, respectively, for the annual amounts and renewal terms cited, and authorize the appropriate officials to execute same. (consent) SUMMARY: With the branding rollout and new logo introduction, departments are preparing to order clothing items. Purchasing has identified existing contracts available to piggyback that will result in cost savings to the City. City Code 2.564 Exceptions to Bid and Quotation Procedures, Item (d) provides for the utilization of cooperative purchasing contracts previously awarded by other governmental entities. Over the past few months, Public Utilities Director David Porter has researched and determined that rental uniforms are better suited for approximately 160 field employees who are routinely exposed to bio-hazard materials during their work. These workers will switch to rental uniforms and no longer wear home the clothing exposed to contamination during the work day. Three welders will be provided with flame resistant coveralls as well. Additionally, Building and Maintenance Superintendent Tom Wojtkiw has identified eight electrical trade employees including the supervisor who will be provided rental flame resistant garments. Purchasing requests Council authorization to utilize Pinellas County contract 123-006-B (expires August 2017) with Design Lab for clothing purchases such as button-down oxfords, polo shirts, light outerwear, high-visibility Personal Protective Equipment (PPE), and similar items; and the U.S. Communities contract #12-JLH-011C (three-year commitment) with Cintas for rental uniforms including flame resistant garments. This request includes items for Police Communications, but does not include Police and Fire crew uniforms. Departments have Fiscal Year 15/16 funds for routine replacement of uniforms and clothing items. On January 21, 2016, Council approved a Branding Roll-Out Special Program 181-98602 with a budget of $400,000 for funding clothing (non-routine in nature) and signage replacement. This authorization request for routine and non-routine clothing replacements is for an annual total not to exceed $250,000; and rental uniforms for an annual total not to exceed $100,000 with a three-year rental commitment, subject to appropriation of funds. APPROPRIATION CODE AND AMOUNT: Funding for approximately $256,000 of this contract has been included in the individual department’s fiscal year 2016 budget. The remaining funding for non-routine uniform Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2176 purchases due to the branding roll-out is available in special program 181-98602, Branding Roll-Out. Page 2 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2174 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager’s approval of a purchase order (ST 112567) to Young Money Touring Inc. of Santa Monica, CA for $110,000 in order to secure a contract for the performance by Lil Wayne at Wild Splash to be held in Coachman Park on March 5, 2016. (consent) SUMMARY: The City entered into a partnership agreement with Beasley Media Group (BMG) to produce “Wild Splash” on March 5, 2016. One of the provisions of the agreement is for the City to pay for the performers and BMG to reimburse the City with proceeds from the event. This has never been a problem in the past as the City has always been reimbursed for all costs of the concert as well as making a profit to be used for other special events in the City. Most of the performance contracts are less than $100,000, not needing Council approval. However, the contract negotiated and agreed to by the BMG with Young Money Touring Inc. (YMT) for the services of “Lil Wayne” was $110,000 thus requiring Council approval. In order to secure the contract and send the required retainer fee of $55,000 to YMT the City Manager approved the purchase order. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2178 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a purchase order (contract) to Construction Manager at Risk, Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $230,039.98, which includes a 10% contingency, for site work and construction of a parking lot associated with Veteran’s War Memorial at Crest Lake Park and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 16, 2015, the City Council approved establishing a Capital Improvement Project entitled Crest Lake Park Veteran’s War Memorial (CIP 315-93647) for the construction of Phase I of a war memorial in accordance with a MOU (Memorandum of Understanding) between the City and the Tampa Bay Veterans Alliance (TBVA). Approved funding for Phase I came from $250,000 from general fund reserves and $150,000 of funds raised by TBVA which were in escrow for the project. On November 5, 2015 the City Council approved a Partnership and Funding Agreement (agreement) between the City of Clearwater and TBVA for the purpose of funding and constructing a Veterans War Memorial at Crest Lake Park. Staff and representatives from TBVA have agreed to a plan and design for the memorial and permits with SWFMD (Southwest Florida Water Management District) and the City have been approved to begin construction. A construction fence has been installed on the southeast corner of the park in anticipation of beginning the construction activities. This purchase order is for the construction of a 16-space asphalt parking lot to accommodate visitors to the memorial as well as providing the necessary site work to construct retention ponds and prepare the grade so that Phase I of the memorial can be constructed by others. Items which have already been purchased for the memorial include brick pavers, military medallions and light bollards, total approximately $32,000. Items still to be purchased include masonry blocks, wall caps, flag poles and lights; and installation of concrete walks, brick pavers and electrical service. If approved, Keystone Excavators will begin site work and construction on March 10. All construction on the memorial will be completed prior to the dedication of the memorial scheduled for Memorial Day, May 30, 2016. Keystone Excavators was selected under the Request for Qualifications process based on qualifications, experience on similar projects, staff experience and availability, and knowledge of City standards. Keystone has been the selected low bidder on many past city projects of Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2178 similar scope and the City was pleased with their performance. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 315-93647, Crest Lake Park Veterans War Memorial to fund the purchase order. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2159 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the First Amendment for Term Extension for the Countywide ATMS/ ITS Traffic Signal Interlocal Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorize the City Manager to execute the First Amendment for Term Extension for the Countywide ATMS / ITS Traffic Signal Interlocal Agreement between Pinellas County and the City of Clearwater dated March 2, 2006. On March 2, 2006, City Council approved the Countywide ATMS / ITS Traffic Signal Interlocal Agreement between Pinellas County and the City of Clearwater with an effective period of ten years with subsequent ten year renewals, unless terminated or canceled as provided therein. The County and the City entered into this Interlocal Agreement on May 18, 2006. The ATMS / ITS Interlocal Agreement defines the roles and responsibilities specific to the funding, construction, operation and maintenance of the ATMS / ITS systems within the City of Clearwater. Pinellas County and the City of Clearwater have determined that centralizing transportation management functions on major arterial roads throughout the City, in accordance with the Metropolitan Planning Organization's adopted ITS plan, will provide for increased safety and efficiency of the countywide roadway network. To accomplish this, the City transferred traffic control jurisdiction and operation of roadways to Pinellas County as the ATMS / ITS equipment is installed. The County will continue to be responsible for funding relative to implementation and operation of new and existing ATMS / ITS corridors throughout the City. The City’s Traffic Operations Division will continue to maintain the traffic signalization equipment on existing and new ATMS / ITS corridors within the City, and continue to be reimbursed by the County for said maintenance. This action would authorize the City Manager to execute the first renewal of the ATMS / ITS Interlocal Agreement for another ten (10) years, providing the Pinellas County Administrator does the same. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2159 N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/25/2016 Page 1 of 2 FIRST AMENDMENT FOR TERM EXTENSION This Amendment made and entered into this ______ day of ______________, 2016, by and between PINELLAS COUNTY, a political subdivision of the State ofFlorida, hereinafter referred to as “COUNTY,” and the City of Clearwater, a municipal corporation, hereinafter referred to as “CITY,” WITNESSETH WHEREAS, the COUNTYand the CITYentered into an interlocal agreement for Countywide ATMS/ITS Traffic Signalon May 18, 2006, (hereinafter “Agreement”) pursuant to which the COUNTY assumed certain operation and maintenance responsibilities with regard to certain traffic signals within the jurisdiction of the CITY; and WHEREAS, Section 9of the Agreement provides foran unlimited number of ten (10)year extensionsunder the same terms and conditions; and WHEREAS, the County and the Citynow wish to exercise thisfirst extension; NOW THEREFORE, the parties agree that the Agreement is extendedas follows: 1.The Agreement is hereby extended pursuant to Section 9 thereof, effective beginning May 18, 2016and continuing for ten (10) yearsfrom that date unless terminated or canceled as provided therein. 2.Except as changed or modified herein, all provisions and conditions of the original Agreement shall remain in full force and effect. Page 2 of 2 IN WITNESS WHEREOF the parties herein have executed this First Amendment forTerm Extensionto the Agreement as of the day and year first written above. PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA by and through its County Administrator by and through its City Manager Name: Mark Woodard Names: Bill Horne Title: Title: ATTEST: By: (Attesting Witness’ Name/Title PCAODoc8287.docx Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2165 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc. in the amount of $427,200 for Kapok Terrace - Sanitary Sewer Expansion Project (15-0036-UT) and approve amendment 1 with Florida Department of Environmental Protection (FDEP) for the increased amount of $250,000 for the construction of sanitary sewer expansion program; and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item provides for updated planning, design services, and permitting for the construction of new sanitary sewer system to connect areas that are currently served by septic tanks as identified in The City’s Sewer System Expansion Feasibility Study of 2012. This project will target the Kapok Terrace area - the next area on the priority list. The new system will connect approximately 135 properties to City’s sanitary system. This project also includes various stormwater and sidewalk improvements inside the Kapok Terrace area. The design phase is anticipated to be completed by March 2017, followed up by the construction phase currently anticipated to be from July 2017 through November 2018. King Engineering Associates, Inc. is one of the City’s EOR, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. FDEP agreement LP52090 was approved in the amount of $250,000 for the construction of sanitary sewer expansion program in Fiscal Year 2014 - 2015. Amendment 1 is to increase the agreement by the amount of $250,000 for the same program in Fiscal Year 2015 - 2016. The total amount of this agreement is $500,000 and there is no cost associated with accepting the amendment. APPROPRIATION CODE AND AMOUNT: 0315-96630-561300-535-000-0000 $377,641 0315-96124-561200-539-000-0000 $ 44,379 0315-92277-561200-541-000-0000 $ 5,180 A first quarter budget amendment will increase budget only of Capital Improvement Program (CIP) project 0315-96630, Sanitary Sewer Extention, by $500,000 for FDEP grant funding for FY14/15 and FY15/16 which provides funding. A first quarter amendment will transfer $500,000 from Facilities Upgrade project 0315-96654 to Sanitary Sewer Expansion project 0315-96630. Sufficient funding is available in Capital Improvement Program projects in amounts of Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2165 $377,641 from 0315-96630, Sanitary Sewer Extension, $44,379 from 0315-96124, Storm Pipe System Improvements, and $5,180 from 0315-92277, Streets & Sidewalks for total funding of $427,200 to fund the work order. Page 2 City of Clearwater Printed on 2/25/2016 WO Initiation Form.docx 1 of 14 8/1/2014 KING ENGINEERING ASSOCIATES, INC . WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: January 22, 2016 Project Number: 2110-216-000 City Project Number: 15-0036-UT Plan Set Number: 2016007 1. PROJECT TITLE: Kapok Terrace Sanitary Sewer System 2. SCOPE OF SERVICES: In January 2011, King Engineering Associates, Inc. (King) updated the City of Clearwater’s (City) “Sewer System Expansion Feasibility Study” (Study), which identified thirty-three (33) areas that could be added to the City’s wastewater collection system and prioritized the implementation of expanding the wastewater service into these areas. The first five (5) areas are currently being constructed. The next area on the priority list is the Kapok Terrace area. This area is comprised of approximately 135 properties with individual septic tank systems. This project consists of extending the City’s sanitary sewer system into the Kapok Terrace area and abandoning the individual septic systems that currently exist on 135 occupied lots. The City has also requested that King provides design services for miscellaneous stormwater improvements and sidewalk installation in the Kapok Terrace area. The Work Order authorizes King Engineering Associates, Inc. (King) to provide planning, design, permitting and other services related to evaluating the project, preparing Contract Documents for advertisement for public bid and award of the construction contract. WO Initiation Form.docx 2 of 14 8/1/2014 I. PRE-DESIGN PHASE Task 1.1 - Project Coordination A. Prepare a project specific Project Management Plan (PMP) establishing team members and responsibilities, lines of communication, project delivery schedules and project budgets. B. Coordinate the activities of the King’s staff and subconsultants with those of the City and administer communications among the project team members and with the City’s staff. C. Maintain and update monthly project schedules and status reports. D. Administer a quality assurance program covering the technical work of the project team. E. Assist the City with FDEP (LP 52090) Grant coordination consisting of: • Coordination with FDEP staff to determine (LP 52090) grant eligibility requirements. • Preparing (LP 52090) grant application forms and submit draft grant application to City for review. • Coordinate the (LP 52090) grant application submittal to FDEP. • Provide FDEP with additional information required to process (LP 52090) grant application. • It should be noted that administration of the (LP 52090) grant (i.e. assist in executing agreements, preparation of monthly/quarterly/annual reports, and etc.) has not been included in this work order since the grant has not been awarded and therefore, the level of effort to administer the grant cannot be determined at this time. II. DESIGN PHASE Task 2.1 - Locate Existing Septic Systems Working with a licensed septic system company, King will locate as closely as possible the existing septic systems and sewer laterals on each of the 135 occupied lots. The specific approach will be as follows: A. King will draft a letter to each property owner: WO Initiation Form.docx 3 of 14 8/1/2014 • Informing them of the project and the need to locate the property’s septic tank and sewer lateral; • Providing a person to contact if they have questions or information regarding the location of the above; • Informing them that door hangers will be placed on each building informing the resident of a time when a firm hired by the City will need to access the home/back yard. The door hanger package will also include a flag that the resident can place in the ground if they know where the septic tank is and another flag that can be placed at a cleanout or over the sewer lateral; • Other items deemed necessary by the City. • The letter will be printed and issued on City letterhead with the City’s logo. B. The septic company will send a representative to each lot to locate the lateral and the septic system. The lateral will be potholed to obtain a depth to the top of the pipe and the pipe size and material. The depth and location of the lateral will be written on a drawing along with the location of the septic tank. C. Existing grade at the lateral pothole location will be surveyed under Task 2.2 in order to approximate the invert of the lateral. D. Should the property owner deny access to their property for locating the sewer lateral and septic tank, the City will attempt to reach out to the property owner to facilitate access to the property to obtain the sewer lateral and septic tank information. Task 2.2 - Surveying As part of the Lump Sum cost, King will perform a Topographic Survey of the project areas, which will include Tasks 2.2, A. and B. as described below: A. Establish survey horizontal control in the North American Datum of 1983/90 and vertical control in the North American Vertical Datum of 1988 (NAVD 88); B. Perform a topographic survey of all streets included in the project area. Survey will extend 10 feet beyond the right-of-way on both sides of the street. Survey will include: • Cross sections every 50’ plus grade breaks, edge of pavement, driveways, curbs, and sidewalks. Material of driveways, sidewalks and curbs will be recorded; • Above ground utilities and utility markings, paint marks, flags, etc.; • Valve boxes and elevations on top of the valve nut; WO Initiation Form.docx 4 of 14 8/1/2014 • Trees >4 inches in diameter within the design corridor and 10 feet beyond the right- of-way; • The limits of the tree canopy for trees >4 inches in diameter that are within the design corridor and 10 feet beyond the right-of-way • Existing manhole cover location(s) and elevation(s), inverts, pipe sizes and pipe material; • Storm pipe size, inverts, curb and gutter elevations, and material of construction; • Existing monumentation to establish right-of-way limits; • Horizontal location and depth or elevation of the top of the existing sewer lateral at each lot; • Horizontal location of located existing septic systems; • Building finished floor elevation, recorded at the front door; • Geotechnical test boring locations. Aerials of the project area will be provided by the City. Task 2.3 – Private Property Surveying King will also perform a Survey on a Cost Times Multiplier Basis to locate trees and permanent structures on private property as described in Task 2.3, A. as described below: A. King will perform a Survey on approximately 135 private property lots within the project area to locate the following:  Trees >4 inches in diameter and the limits of the tree canopy  The limits of any major structures behind the house such as swimming pools, brick/paved areas, lanais, or other structures where its limits cannot be identified via aerial photography. Task 2.4 – Subsurface Utility Engineering and Utility Coordination A. Subsurface Utility Engineering Subsurface Utility Engineering (SUE) services will be provided to locate, confirm depth and size of existing utilities unable to be located by conventional surveying and in potential conflict with the proposed sewer alignment. Fees allow for a maximum of three working days of field crew time (±15 holes). WO Initiation Form.docx 5 of 14 8/1/2014 B. Utility Coordination Plans of the proposed sewer alignments will be sent to utility companies known to be in the project area. Utilities will be requested to locate and draw their facilities on these plans or note “no conflicts” and return one copy to King. This information will be combined with above ground visible data and SUE data to estimate the location of existing utilities. Task 2.5 - Geotechnical Services A geotechnical exploration program will be conducted in the project areas. The following scope is based on a gravity sewer system consisting of approximately 30 manholes ranging from 5 to 15 feet. Specifically, the geotechnical program scope includes: A. One (1) Standard Penetration Test (SPT) boring at each of approximately 30 manholes. Anticipated boring depths will be between 10 and 20 feet for the manholes. The test borings will penetrate approximately 5 feet below the bottom of manholes with embedments of 10 feet or less and about 10 feet below deeper manholes so as to provide information for assessment of sheeting, bracing and dewatering requirements. B. Based on the assumption that construction will require reconstruction of the existing roadways, the geotechnical program will also include an evaluation of underdrain requirements that may be warranted. The scope therefore includes performing a series of twenty (20) shallow classification borings to a nominal depth of 15 feet on a typical 150-200 foot spacing staggered back and forth along the roadway alignments. These classification borings will be used to examine subsurface and groundwater conditions for estimation of potential seasonal variation. Fees also include costs to implement Maintenance of Traffic while conducting the borings. C. Laboratory classification tests will be performed on representative samples including grain size analyses, Atterberg limits and organic content tests. Corrosivity testing will not be required. D. The results of the field and laboratory studies will be included in a signed and sealed geotechnical report. The report will also include recommendations for dewatering and roadway reconstruction, an evaluation of the suitable of existing soils for backfill purposes and recommendations for compaction requirements. III. FINAL DESIGN PHASE Task 3.1 – Design Document Development WO Initiation Form.docx 6 of 14 8/1/2014 King will develop biddable drawings and specifications for construction of a sanitary sewer system and abandonment of the existing septic systems. Drawings will consist of the following: • Cover • Index and Notes • Stormwater Pollution Prevention Plan • Sewer System Key Sheet • Sewer System 1”=20’ Plan and Profiles (15 sheets) • Sewer System Details • Septic System Abandonment Plans • Miscellaneous Details • Maintenance of Traffic General Standards King will develop biddable drawings and specifications for miscellaneous improvements of the existing storm sewer system for the specific areas as described below and for the design of sidewalks along the roadways within the project area. For the purposes of this Work Order, it is assumed that the drawings and specifications for the storm sewer improvements and sidewalk plans will be incorporated into the sanitary sewer drawing set. However, separate drawings will be prepared for the improvements to the storm sewer system and sidewalk to assist the City with management of separate funding mechanisms for this portion of the project. Additional drawings will consist of the following: • General Stormwater Notes • Storm Sewer System Key Sheet • Merrill Avenue Roadway Widening, Drainage system, Outfall Design, and Cul-de- Sac/ T-Turn Around, reconfigure existing drainage system, as needed, as part of the widening roadway (3 sheets) • Moss Avenue Underdrain Plan and Profile (3 sheets)  Cul-de-Sac/T-Turn Around Design for Wolfe Road, Lake Vista Drive and Hoyt Avenue (3 sheets)  Paving, Grading and Drainage for Moss Avenue and Hoyt Avenue Intersection  Paving, Grading and Drainage for Moss Avenue and Merrill Avenue Intersection  Paving, Grading and Drainage for Moss Avenue and Lake Vista Intersection  Roadway Reconstruction Plans, Cross Sections and Details  Sidewalk Plans for Entire Project Area (7 sheets)  Miscellaneous Details Sanitary sewer and stormwater design documents will be submitted to the City at the 30%, 60% and 90% complete levels along with estimates of probable construction costs. Front end technical specifications will be developed using the City’s standard documents. King will attend three (3) status meetings to review comments on the 30%, 60%, and 90% design phases of the work. WO Initiation Form.docx 7 of 14 8/1/2014 Task 3.2 - Permitting King will prepare and submit permit application packages and respond to Request for Additional Information (RAI) as part of obtaining the following permits: A. FDEP Notification/Application For Constructing A Domestic Wastewater Collection/Transmission System. A $500 application fee has been included in the overall fees. B. SWFWMD Environmental Resource Permit. A $2,912 application fee has been included in the overall fees. C. Pinellas County Right-of-Way Permit Task 3.3 - Public Relations Assistance King will assist the Clearwater Public Communications Department by providing the following services: A. Attending one (1) pre-planning meeting with the City; B. Attending two (2) Public Relations/Information meetings; C. Assistance with developing handouts or flyers to be distributed by the City; D. Preparing maps, exhibits and/or PowerPoint presentations for use at the above meetings. IV. BIDDING PHASE Task 4.1 - Bid Documents and Bidding and Award Assistance King will assist the City with advertisement, bidding and award of the project including: A. Submitting final Bid Documents including: • Five (5) signed and sealed copies of the project drawings and technical specifications; • One (1) unbound reproducible set of the technical specifications; • One (1) CD-ROM containing the project drawings in AutoCAD format and the technical specifications in Word format; • One (1) CD-ROM containing the Bid Documents in PDF format; • The final Engineer’s Opinion of Probable Construction Cost. WO Initiation Form.docx 8 of 14 8/1/2014 B. Attending the pre-bid meeting and site visit; C. Preparing up to two (2) Addenda/answer questions; D. Reviewing the bids, evaluating the apparent low bidder and providing recommendation of contract award. E. Develop “Conformed” Documents. Revisions made to the Bid Documents during the bidding phase of the project will be incorporated into the Conformed Documents. King will provide the City with six (6) signed/sealed sets of the Conformed Plans and Technical Specifications and one (1) CDROM with the Conformed Documents in AUTOCAD and PDF formats. 3. PROJECT GOALS: Project deliverables will include the following: 1. Three (3) copies of the Geotechnical Report; 2. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 30% drawings; Five (5) copies of the 30% Technical Specifications; One (1) CDROM containing the Plans and Technical Specifications in PDF format. 3. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 60% drawings; Five (5) copies of the 60% Technical Specifications; One (1) CDROM containing the Plans and Technical Specifications in PDF format. 4. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 90% drawings; Five (5) copies of the 90% Technical Specifications; One (1) CDROM containing the Plans and Technical Specifications in PDF format. 5. One (1) full copy of all permit application packages and RAI responses; 6. Bid Documents and Conformed Documents as described above. 7. Meeting minutes in PDF format by email. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by King Engineering Associates, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis for task 2.3 and Method “B” – Lump Sum – Percentage of Completion by Task for all tasks except Task 2.3, for a fee not to exceed Four Hundred Twenty-Seven Thousand Two Hundred Dollars ($427,200). WO Initiation Form.docx 9 of 14 8/1/2014 5. SCHEDULE: The project is to be completed 300 calendar days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 30% construction plans 120 calendar days 60% construction plans and permit applications 210 calendar days 90% construction plans 270 calendar days Final construction documents 300 calendar days 6. STAFF ASSIGNMENT (Consultant): Principal: Christopher F. Kuzler, P.E. Project Manager: Loc P. Truong, P.E. Project Engineers: Larry Kistler, P.E., Matthew Davis, E.I., Christopher High E.I. Designers: Mark Gladbach, Frank Paul, Chanta Sengaroun Clerical: Paula Eldon 7. CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s/Architect’s project correspondence shall be directed to: Loc Truong, P.E. All City project correspondence shall be directed to: Khang Nguyen, PE, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: 0315-96630-561300-535-000-0000 $377,641 Sewer 0315-96124-561200-539-000-0000 $44,379 Stormwater 0315-92277-561200-541-000-0000 $ 5,180 Streets/Sidewalks 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). WO Initiation Form.docx 10 of 14 8/1/2014 F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: _____________________________ _____________________________ Christopher F. Kuzler, P.E. Michael D. Quillen, PE Sr. Vice President City Engineer King Engineering Associates, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment “A” WO Initiation Form.docx 11 of 14 8/1/2014 WORK ORDER INITIATION FORM CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting documents when utilizing Consultant’s Standards). DATUM: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES: A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic co pies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES:  If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address: tom.mahony@myclearwater.com. Attachment “B” WO Initiation Form.docx 12 of 14 8/1/2014 Kapok Terrace Sanitary Sewer System King Engineering Associates, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Sanitary Sewer Storm Water Sidewalk and Street Improvements Total 1.0 Pre-Design 1.1 Project Coordination $24,072 $1,406 $25,478 Subtotal $24,072 $1,406 $25,478 2.0 Design 2.1 Locate Existing Septic Systems $24,709 $0 $24,709 2.2 Survey $99,290 $0 $99,290 2.3 Private Property Survey (*) $60,500 $0 $60,500 2.4 SUE and Utility Coordination $17,990 $0 $17,990 2.5 Geotechnical Services $48,380 $0 $48,380 Subtotal $250,869 $0 $250,869 3.0 Final Design Plans and Specifications 3.1 Design Document Development $79,314 $33,040 $5,180 $117,534 3.2 Permitting $6,398 $8,647 $15,045 3.3 Public Relations Assistance $5,169 $0 $5,169 Subtotal $90,881 $41,687 $137,748 4.0 Bidding 4.1 Bid & Award Assistance $11,819 $1,286 $13,105 Subtotal $11,819 $1,286 $13,105 Grand Total $377,641 $44,379 $5,180 $427,200 * Task 2.3 will be invoiced on a Cost times Multiplier basis. Attachment “C” WO Initiation Form.docx 13 of 14 8/1/2014 REVIEW PERIOD SUBMITTAL REQUIREMENTS This list is intended as a guideline of the items to be completed at various levels of project completion. The specific list for each project shall be finalized in the work order. 30% Construction Plans Requirements for the 30% submittal shall include the following: a. Cover Sheet, b. Legend and Abbreviations per City standards, c. Key Sheet, d. Demolition Plans indicating existing improvements, utilities, and topography, and identification of trees to be removed, e. Preliminary layout of the proposed improvements, existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, f. Engineer’s/Architect’s preliminary opinion of probable construction cost, based on the 30 % submittal. 60% Construction Plans In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best management practices, utilities, and other conditions relevant to the project, b. Typical pavement sections shall indicate typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas, c. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, retaining walls, and related notes, d. Erosion control and tree protection details, including best management practices applied to the project, e. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, f. Detailed Cross Sections, g. Wetland Planting Plans and Details, h. Utility Plan including utility relocation/adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required, i. Permit Applications, j. Estimated construction quantities, k. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 60% design submittal, and l. Engineer/Architect will review City’s standard technical specifications and modify or supplement as necessary for the project. Attachment “C” WO Initiation Form.docx 14 of 14 8/1/2014 90% Construction Plans The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include the following: a. Maintenance of Traffic Plan, b. Structural plans, details, and calculations, including design and details of shallow foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks, and stability analyses for slopes and retaining walls, c. Detailed construction quantities based upon 90% design, d. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 90% design submittal, and e. Technical specifications and Special Provisions. Final (100%) Construction Documents The 100% submittal shall address the City’s final review comments. Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. See Attachment “A” – Deliverables – for specific labeling requirements. DEP Agreement No. LP52090, Amendment No. 1, Page 1 of 11 STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP52090 CITY OF CLEARWATER AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 1st day of October, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the CITY OF CLEARWATER (hereinafter referred to as the “Grantee”) is hereby amended. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion Program; and WHEREAS, $250,000 in additional funding for this Project was provided under Line Item 1662A of the 2015-2016 General Appropriations Act; and WHEREAS, an increase to the above-referenced grant is provided; and WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. of the Agreement is hereby revised to change the completion date of the Agreement from October 31, 2016, to October 31, 2018. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $500,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department’s Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project’s total funding amount will require a formal Amendment to the Agreement. DEP Agreement No. LP52090, Amendment No. 1, Page 2 of 11 C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A-1, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B-1, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A-1 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: i. Contractual (Subcontractors) – Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A-#. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than DEP Agreement No. LP52090, Amendment No. 1, Page 3 of 11 those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager’s approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of Section 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in Sections 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference_guide/. F. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of DEP Agreement No. LP52090, Amendment No. 1, Page 4 of 11 Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee to the date repayment is made by the Grantee to the Department. 3. Section 4. of the Agreement is hereby deleted in its entirety and replaced with the following: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 4. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department’s Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor’s Office of Policy and Budget. 5. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the following: Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further nothing shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 6. Section 8. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Department may terminate this Agreement at any time if any warranty or representation made by the Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the DEP Agreement No. LP52090, Amendment No. 1, Page 5 of 11 Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day’s written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee’s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee’s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 7. Section 10. of the Agreement is hereby deleted in its entirety and replaced with: “Reserved.”. 8. Section 11. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting DEP Agreement No. LP52090, Amendment No. 1, Page 6 of 11 principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department’s Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 9. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the following: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 10. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following: Any notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 11. Section 21. of the Agreement is hereby deleted in its entirety and replaced with the following: To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department’s Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work DEP Agreement No. LP52090, Amendment No. 1, Page 7 of 11 under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual’s claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company-Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any applicable rider to worker’s compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties’ insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days’ written notice (with the exception of non-payment of premium which requires a 10-calendar-day notice) to the Department's DEP Agreement No. LP52090, Amendment No. 1, Page 8 of 11 Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 21.F. supersedes 21.A. through E., above. Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 12. Section 24. of the Agreement is hereby deleted in its entirety and replaced with the following: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3). All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement. 13. Section 28. of the Agreement is hereby deleted in its entirety and replaced with: “Reserved.”. 14. Section 32. is added to the Agreement as follows: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: (1) The contractor’s maintaining an office or place of business within a particular local jurisdiction; or (2) The contractor’s hiring employees or subcontractors from within a particular local jurisdiction; or (3) The contractor’s prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state DEP Agreement No. LP52090, Amendment No. 1, Page 9 of 11 shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 15. Section 33. is added to the Agreement as follows: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 16. Section 34. is added to the Agreement as follows: This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. 17. Section 35 is added to the Agreement as follows: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 18. Attachment A, Project Work Plan, Revised Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to any prior Attachment A’s, shall hereinafter refer to Attachment A-1, Revised Project Work Plan. 19. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-1, Payment Request Summary Form. DEP Agreement No. LP52090, Amendment No. 1, Page 10 of 11 20. Attachment G, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment G-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment G, shall hereinafter refer to Attachment G-1, Revised Special Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP52090, Amendment No. 1, Page 11 of 11 IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement LP52090 to be executed on its behalf by the Secretary or Designee of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Department. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: City Manager Secretary or Designee Date:Date: Mahnaz Massoudi, DEP Grant Manager FEID No.: 59-6000289 DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description (include number of pages) Attachment A-1 Revised Project Work Plan (4 Pages) Attachment B-1 Payment Request Summary Form (3 Pages) Attachment G-1Revised Special Audit Requirements (5 pages) DEP Agreement No. LP52090, Attachment A, Page 1 of 4 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Clearwater Sanitary Sewer Expansion Program PROJECT AUTHORITY: The City of Clearwater (Grantee) received funding from the Florida Legislature in the amount of $250,000 through Specific Appropriation Line Item No. 1668A, Fiscal Year (FY) 2014 – 2015, General Appropriations Act, and $250,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 – 2016, General Appropriations Act. The Grantee received this funding for the purpose of expanding the sanitary sewer system. Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No. 37.039. PROJECT LOCATION: The Project will be in neighborhoods located on County Road 193 in Alligator Creek Watershed, Water Body Identification Number (WBID) 1574, Grove Circle in Steverson Creek Watershed, WBID 1567, and Belcher Area in the Allen’s Creek Watershed, WBID 1604, which are all located within the City of Clearwater in Pinellas County, Florida. The Kapok Terrace area involved in this project is adjacent to the Alligator Creek tributary of Alligator Lake WBID 1574A in the Tampa Bay Basin of Florida. See Figure 1 for a location map and site plan. Latitude – 27.9736; Longitude – 82.7642. PROJECT BACKGROUND: Pinellas County is the most densely urbanized county in the state and many of the local water bodies have been verified impaired for fecal coliforms, dissolved oxygen and/or nutrients. Replacing septic tanks with a sewer system that connect to an t advanced wastewater treatment plants will help reduce the pollutant loadings on the local surface waters as required by the Total Maximum Daily Loads (TMDLs) for each WBID. In January of 2011, the City of Clearwater updated the “Sewer System Expansion Feasibility Study”, which identified thirty-three (33) areas that could be added to the City’s wastewater collection system and prioritized the expansion of the wastewater service into these areas. The City adopted the recommendations of the Feasibility Study and has developed a Capital Improvements Plan (CIP) that includes removal of septic tank systems over a 20-year period. The removal of approximately 400 septic tank systems from the first two highest priority areas known as “Idlewild and The Mall” were completed. The removal of septic tank systems in the next three neighborhoods began in July 2015 and will be completed in the summer of 2016. This project includes sewer extension, connections and septic tank abandonment in two areas. The first area is Grove Circle and Belcher area. The Grove Circle and Belcher Area includes approximately 80 individual septic tank systems. The second is the Kapok Terrace area. The Kapok Terrace area is comprised of approximately 135 properties with individual septic tank systems. PROJECT DESCRIPTION: The Grantee will expand the sanitary sewer system by installing gravity sanitary sewer mains including connections to the existing collection system, manholes, laterals and cleanouts to connect properties in three neighborhoods in the Kapok Terrace area; constructing new service laterals and connecting to gravity sewer as well as abandon existing DEP Agreement No. LP52090, Attachment A, Page 2 of 4 individual septic tanks on private property; and fully restoring public right of way and private property to pre-construction conditions or better. For the County Road 193, Grove Circle and Belcher Area Project, approximately 7,000 linear feet of gravity sewer main will be installed along with 26 sewer manholes and the abandonment of approximately 80 individual septic tank systems. For the Kapok Terrace Project, approximately 7,000 linear feet of gravity sewer main will be installed along with 30 sewer manholes and the abandonment of approximately 135 individual septic tank systems. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct an expansion of the sanitary sewer system in accordance with the final design(s) and required permits for the Grove Circle and Belcher area as well as the Kapok Terrace area. The final design(s) and required permits will be submitted to the Department upon request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department’s Grant Manager prior to payment request submittal. Deliverable 1a: 1) signed acceptance of the completed work by the Grantee, 2) Contractor’s Application and Certification for Payment, 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department’s Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Upon review and written acceptance of each interim deliverable submittal by the Department’s Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor’s Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials, labor, and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 1b: Sanitary sewer expansion, constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, DEP Agreement No. LP52090, Attachment A, Page 3 of 4 and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department’s Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Upon review and written approval by the Department’s Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. Task/ Deliverable No. Task or Deliverable Title Task Start Date Task End Date Deliverable Due Date/ Frequency 1 Construction July 1, 2015 October 31, 2018 1a Interim Deliverables Not more than once per month 1b Final Deliverables August 31, 2018 BUDGET DETAIL BY TASK: Task No. Budget Category Budget Amount 1 Contractual Services $500,000 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Category Totals Grant Funding, Not to Exceed, $500,000 Contractual Services Total $500,000 Total: $500,000 DEP Agreement No. LP52090, Attachment A, Page 4 of 4 Attachment B-1, Page 1 of 3 ATTACHMENT B-1 PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: ________________ Agreement Effective Dates: _______________________ Grantee: ________________________________ Grantee’s Grant Manager: __________________ Mailing Address: ___________________________________________________________________ Payment Request No. ______________________ Date of Payment Request: __________________ Performance Period (Start date – End date): _______________________________________________ Task/Deliverable No(s). _______________ Task/Deliverable Amount Requested: $______________ GRANT EXPENDITURES SUMMARY SECTION _____________________________________________ [Effective Date of Grant through End-of-Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/Wages $N/A $N/A $N/A $N/A Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A Fringe Benefits $N/A $N/A $N/A $N/A Indirect Cost $N/A $N/A $N/A $N/A Contractual (Subcontractors) $ $ $ $ Travel (if authorized) $N/A $N/A $N/A $N/A Equipment Purchases (if authorized) $N/A $N/A $N/A $N/A Rental/Lease of Equipment $N/A $N/A $N/A $N/A Other Expenses $N/A $N/A $N/A $N/A Land (if authorized) $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $ Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION Complete Grantee’s Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Attachment B-1, Page 2 of 3 Grantee’s Certification of Payment Request I, _______________________________________________________________________________ , (Print name of Grantee’s Grant Manager designated in the Agreement) on behalf of _____________________________________________________ , do hereby certify that: (Print name of Grantee/Recipient)  The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.  All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.  The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply:  All permits and approvals required for the construction, which is underway, have been obtained.  Construction up to the point of this disbursement is in compliance with the construction plans and permits.  The Grantee’s Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy – mm/dd/yy) Grantee's Grant Manager’s Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Attachment B-1, Page 3 of 3 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee’s agency. GRANTEE’S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the “TOTAL TASK/DELIVERABLE BUDGET AMOUNT” line for the “AMOUNT OF THIS REQUEST” column. GRANT EXPENDITURES SUMMARY SECTION: “AMOUNT OF THIS REQUEST” COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the “TOTAL AMOUNT” line. Enter the amount of the task on the “TOTAL TASK BUDGET AMOUNT” line. Enter the total cumulative amount of this request and all previous payments on the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” line. Deduct the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” from the “TOTAL TASK BUDGET AMOUNT” for the amount to enter on the “TOTAL REMAINING IN TASK” line. “TOTAL CUMULATIVE PAYMENT REQUESTS” COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the “TOTALS” line. Do not enter anything in the shaded areas. “MATCHING FUNDS” COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the “TOTAL AMOUNT” line for this column. Enter the match budget amount on the “TOTAL TASK BUDGET AMOUNT” line for this column. Enter the total cumulative amount of this and any previous match claimed on the “LESS TOTAL CUMULATIVE PAYMENTS OF” line for this column. Deduct the “LESS TOTAL CUMULATIVE PAYMENTS OF” from the “TOTAL TASK BUDGET AMOUNT” for the amount to enter on the “TOTAL REMAINING IN TASK” line. “TOTAL CUMULATIVE MATCHING FUNDS” COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled “TOTALS.” The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE’S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee’s Grant Manager as identified in the grant agreement and the Grantee’s Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment G-1, Page 1 of 5 ATTACHMENT G-1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. Attachment G-1, Page 2 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment G-1, Page 3 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us Attachment G-1, Page 4 of 5 B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK At t a c h m e n t G - 1 , P a g e 5 o f 5 EX H I B I T – 1 FU N D S A W A R D E D T O T H E R E C I P I E N T P U R S U A N T T O TH I S A G R E E M E N T C O N S I S T O F T H E F O L L O W I N G : Fe d e r a l R e s o u r c e s A w a r d e d t o t h e R e c i p i e n t P u r s u a nt t o t h i s A g r e e m e n t C o ns i s t o f t h e F o l l o w i n g : Fe d e r a l Pr o g r a m Nu m b e r Fe d e r a l A g e n c y CF D A Nu m b e r CF D A T i t l e Fu n d i n g A m o u n t State Appropriation Category St a t e R e s o u r c e s A w a r d e d t o t h e R e c i p i e n t P u rs u a n t t o t h i s A g r e e m e n t C o n s i s t o f t h e F o l l o w i n g M a t c hi n g R e s o u r c e s f o r F e d e r a l P r o grams: Fe d e r a l Pr o g r a m Nu m b e r Fe d e r a l A g e n c y CF D A CF D A T i t l e Fu n d i n g A m o u n t State Appropriation Category St a t e R e s o u r c e s A w a r d e d t o t h e R e c i p i e n t P u rs u a n t t o t h i s A g r e e m e n t C o n s i s t o f t h e F o l l o w i n g R e s o ur c e s S u b j e c t t o S e c t i o n 2 1 5 . 9 7, F.S.: St a t e Pr o g r a m Nu m b e r Fu n d i n g S o u r c e St a t e Fi s c a l Y e a r CS F A Nu m b e r CS F A T i t l e or Fu n d i n g S o u r c e D e s c r i p t i o n Fu n d i n g A m o u n t State Appropriation Category Or i g i n a l Ag r e e m e n t Ge n e r a l A p p r o p r i a t i o n s , Li n e I t e m 1 6 6 8 A 20 1 4 - 2 0 1 5 37 . 0 3 9 S t a t e w i d e S u r f a c e W a t e r R e s t o r a t i o n an d W a s t e w a t e r P r o j e c t s $2 5 0 , 0 0 0 . 0 0 140047 Am e n d m e n t 1 Ge n e r a l A p p r o p r i a t i o n s , Li n e I t e m 1 6 6 2 A 20 1 5 - 2 0 1 6 3 7 . 0 3 9 S t at e w i d e S u r f a c e W a t e r R e s t o r a t i o n an d W a s t e w a t e r P r o j e c t s $2 5 0 , 0 0 0 . 0 0 1 4 0 0 4 7 To t a l A w a r d $ 5 0 0 , 0 0 0 . 0 0 Fo r e a c h p r o g r a m i d e n ti f i e d a b o v e , t h e r e c i p i e n t sh a l l c o m p l y w i t h t h e p r o g r a m r e q u i r e m e n t s d e s c r i b e d i n t h e C a t a l o g o f F e d e r a l D o m e s t i c A s s i s t a n c e ( C F D A ) [h t t p : / / 1 2 . 4 6 . 2 4 5 . 1 7 3 / c f d a / c f d a . h t m l ] a n d / o r t h e F l o r i d a C a t a l o g of S t a t e F i n a n c i a l A s s i s t a n c e ( C S F A ) [ h t t p s : / / a p p s . f l d f s . c o m / f sa a / s e a r c h C a t a l o g . a s p x ] . T h e se r v i c e s / p u r p o s e s f o r w h i c h t h e f un d s a r e t o b e u s e d a r e i n c l u d e d i n t h e C o n t r a c t sc o p e o f s e r v i c e s / w o r k . A n y m a t c h r e q u i r e d b y t h e r e c i p i e n t i s c l e a r l y i n d i c a t e d in t h e C o n t r a c t . Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2184 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Accept the annual report on the status of development agreements. (WSO) SUMMARY: Community Development Code Section 4-606.J states that the city manager shall review all lands within the city subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. Staff has provided a memorandum that includes a list of the Development Agreement applications (DVAs) and Hotel Density Reserve Development Agreements (HDAs) entered into by the City and a status of the agreement and associated project, if applicable. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/25/2016 PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM SUBJECT: Annual report of Development Agreements BACKGROUND: Community Development Code Section 4-606.J states that the city manager shall review all lands within the city subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. This shall serve as the annual report that evaluates whether compliance has been demonstrated. SUMMARY: Since 2003, there have been 40 Development Agreement applications (DVAs) applied for through the Planning and Development Department, including requests to amend existing agreements. The table below shows each property address for which a Development Agreement was applied for, the status of the DVA, and the status of the associated project, if applicable. Development Agreements (DVAs) Address Case # Case Status Project Status 40 Devon Drive DVA2010-08001 Approved Approved Site Plan; No Building Permit DVA2010-08001A Approved; Amendment 100 Coronado Dr DVA2004-00001 Approved Under Construction DVA2004-00001A Approved; Amendment DVA2008-00001 Approved; Amendment DVA2008-00001A Approved; Amendment DVA2014-07005 Approved; Amendment 101 Coronado Dr DVA2009-00001 Approved Constructed 300 Hamden Dr DVA2009-00002 Approved One project (309 Coronado); Under construction 316 Hamden Dr DVA2009-00003 Approved 301 S Gulfview Blvd DVA2004-00002 Approved; Amendment Constructed DVA2004-00002A Approved; Amendment DVA2007-00001 Approved; Amendment Development Agreements (DVAs) Address Case # Case Status Project Status 311 S Gulfview Blvd DVA2009-00004 Approved Constructed DVA2010-12001 Approved; Amendment 410 N Ft Harrison DVA2006-00001 Expired Expired; Didn't meet thresholds DVA2007-00003 Expired 443 East Shore DVA2012-03001 Approved Active Building Permit 483 Mandalay DVA2014-06001 Approved Under Construction DVA2014-06001A Approved; Amendment 500 Mandalay DVA2004-00005 Approved Constructed DVA2007-00002 Approved; Amendment 619 S Gulfview Blvd DVA2008-00002 Approved Constructed 650 Bay Esplanade DVA2013-02001 Approved Active Building Permit 655 S Gulfview Blvd DVA2012-11001 Denied Under Construction DVA2012-11002 Denied DVA2013-03001 Approved 1475 Sunset Point Rd DVA2011-01001 Denied Denied 2165 Gulf to Bay Blvd DVA2009-00005 Approved Constructed DVA2011-04001 Approved; Amendment DVA2013-11001 Approved; Amendment 2222 Lake Shore Dr DVA2014-07001 Approved; Amendment Approved Site Plan; No Building Permit 2506 Countryside Blvd DVA2004-00004 Terminated Terminated DVA2004-00004ATerminated 2750 Sunset Point Rd DVA2011-10001 Expired Expired; Didn't meet thresholds 2995 Drew Street DVA2011-06001 Approved Phase 1 - Constructed; Phase 2 - Under Construction 3280 McMullen Booth DVA2005-00001 Approved Constructed DVA2005-00001A Approved; Amendment 3400 Gulf to Bay Blvd DVA2010-06001 Approved Not in compliance; Recommend Termination 25191 US Highway 19 DVA2004-00003 Approved Constructed The Hotel Density Reserve Development Agreement (HDA) was created in addition to the standard Development Agreement in 2013 based upon recommendations from the Clearwater Business Task Force. These HDA cases were created for those projects requesting units from the hotel density reserve on Clearwater Beach. Since 2013, the City Council has approved entered into 13 HDAs for 12 different addresses. Two of the HDAs are amendments to previously agreed-upon Development Agreements. The table below has a breakdown of the HDAs, showing the property address, case number, status of the HDA, and the status of the associated project. Hotel Density Reserve Development Agreements (HDAs) Address Case # Case StatusProject Status 691 S Gulfview Blvd HDA2013-08001 Approved Site Plan Approved; Building Permit Application not Received 325 S Gulfview Blvd HDA2013-08004 Approved Site Plan Approved; Building Permit Application not Received 353 Coronado Dr HDA2013-08005 Approved Site Plan Approved; Building Permit Application not Received 405 Coronado Dr HDA2013-08006 Approved Site Plan Approved; Site Demolition Complete; Building Permit Application not Received 625 S Gulfview Blvd HDA2013-08007 Approved Awaiting Site Plan Application 715 S Gulfview Blvd HDA2013-12008 Approved Site Plan Approved; Building Permit Application not Received 655 S Gulfview Blvd HDA2014-02001 Approved Under Construction 521 S Gulfview Blvd HDA2014-04002 Approved Under Construction 401 S Gulfview Blvd HDA2014-06004 Approved Site Plan Approved; Building Permit Application not Received 40 Devon Dr HDA2014-07004 Approved Site Plan Approved; Building Permit Application not Received 706 Bayway Blvd HDA2014-08006 Approved Site Plan Approved; Building Permit Application Received (site work only) 630 Gulfview Blvd HDA2014-08007 Approved Site Plan Approved; Building Permit Application not Received 401 S Gulfview Blvd HDA2015-06001 Approved Site Plan Approved; Building Permit Application not Received Pursuant to Community Development Code Section 4-606.J, the Planning and Development Department finds demonstrated good-faith compliance with the provisions of the majority of Development Agreements and Hotel Density Reserve Development Agreements. The two that have not demonstrated good-faith compliance have expired, and one has recently been terminated. The party to the agreement for 3400 Gulf to Bay Blvd (Clearwater Christian College Private School, Inc., DVA2010-06001) has withdrawn its application with the Southwest Florida Water Management District for a mitigation bank and is therefore no longer capable of meeting the terms of the development agreement. Staff is recommending termination of this agreement. Of the current Agreements with projects that have not been constructed, or are not under construction, various stages of progress have been shown. This includes the submission and approval of site plans or the application for building permits, or both. Of the agreements where site plans have not been submitted or building permits issued, the agreements are still well within their valid life cycle. Regarding the Hotel Density Reserve Development Agreements (HDAs), the majority have site plans that were approved within the agreed upon time frame. Two are currently under construction, and the one HDA without an approved site plan is still within the agreed upon time frame for submission and approval. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2150 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the Fourth Amendment to the lease agreement dated September 17, 2012 by and between the City of Clearwater, Florida (Lessor) and the Marina Cantina, LLC, (Lessee),and authorize the appropriate officials to execute same. (consent) SUMMARY: This amendment addresses interior and exterior space rent, the names assigned to first floor restaurant spaces and amends and finalizes completion date for each space. The City of Clearwater entered into an agreement with the Marina Cantina, LLC on September 17, 2012. This lease was amended with a First Amendment on June 19, 2013 to modify the terms and conditions resulting from the hold over tenants of the former gift shop, which affected the square footage of the Lease Agreement with the lessee as the lessee took over and gained that former gift shop square footage. This lease was amended with a Second Amendment on October 5, 2015 to take into account a brief construction delay caused by improvements that were not initially contemplated in the initial lease agreement. The Second Amendment provided an extension of the completion date by three months to have the restaurant open by January 1, 2016. This lease was amended by a Third Amendment on November 20, 2015. The third amendment provided the documentation and instrument for the lessee’s costs ($409,606.49) to be brought forward for reimbursement by the Lessor. These were for unforeseen costs for emergency repairs, exterior and common space glass, doors, and fire rated drop ceilings along with costs not budgeted for bringing the entire building to a uniform appearance and in compliance with current building codes. This Fourth Amendment will amend the following paragraphs of the Marina Cantina, LLC lease: Paragraph 4 is replaced in its entirety and defines the Premises use by business names and services as follows: 1) a full service restaurant with full liquor bar, bar service, and outdoor seating referred to as “Marina Cantina”, (2) a full service restaurant with full liquor bar, bar service, and outdoor seating referred to as “Salt Cracker”; (3) and a pizza restaurant with outdoor seating referred to as ‘Roundabout Pizza.” The “Roundabout Pizza” spaces may also be used as a prep kitchen for Marina Cantina and Salt Cracker. Roundabout Pizza may also be used for deliveries and storage of items necessary to conduct the permissible business Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2150 activities. Unauthorized use of the Premises will constitute an event of default. Paragraph 5(a), subparagraphs (c) through (h) and (j) are replaced in their entirety due to updated square footage calculations of both interior and exterior space. Amend paragraph 5 to adjust the eventual interior square footage to 10,141 square feet and outdoor/patio square footage to 15,578 square feet. Amend paragraph 5a to include “Salt Cracker” and “Roundabout Pizza” in the percentage of alcohol sales owed to the City. The percentage of alcohol sales remittance shall be made along with the Lessee’s payment of the monthly rent. Amend paragraph 5c “iii” to add increased interior square footage and increase the dollar calculations proportionately commencing the date of the Certificate of Occupancy. Amend paragraphs 5d - 5h to reflect the increased square footage to 10,141 square feet with the payments to be calculated based on the amended interior square footage number. Amend paragraph 5j to bring the deposit amount up to the new rate of $7605.75 to secure faithful performance of the Lessee’s obligations. Paragraphs 15 (f) (4) and (5) have been added to address lease violation and abandonment clauses, default and termination provisions. Paragraph 16 has been amended to extend the restaurants opening dates to April 1, 2016, for Marina Cantina and Salt Cracker defined spaces and Labor day 2016 for the Roundabout Pizza restaurant. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 2/25/2016 [GM12-1371-014/180441/2] FOURTHAMENDMENT TO LEASE DATED SEPTEMBER 17, 2012 BETWEEN THE CITY OF CLEARWATER, FLORIDA AND MARINA CANTINA, LLC [GM12-1371-014/180441/2] THIS FOURTHAMENDMENT TO THE LEASE AGREEMENT DATED September 17, 2012 (the “Amendment”) is made as of this ___ day of _________, 2016(the “Effective Date”), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “Lessor”) and MARINA CANTINA, LLC, a Florida limited liability company (the “Lessee”). WHEREAS, the Lessor and Lessee agree to this FourthAmendmentto Lease Agreement modifyingthe terms of the Lease dated September 17, 2012tomodify the terms and conditions resulting from a construction delay caused by improvements that were not initially contemplated in the Lease Agreementand to specify additional allowable uses of the leasehold to accommodate additional restaurant services. NOW, THEREFORE it is mutually agreed as follows: 1.Paragraph 4ishereby replaced in its entiretyas follows: The Premises shall be used only for the purpose of conducting the following businesses: (1) a full service restaurant with full liquor bar, bar service, and outside seatingreferred to herein as “Marina Cantina;” (2) a full service restaurant with full liquor bar, bar service, and outside seatingreferred to herein as “Salt Cracker;” (3) and a pizza restaurantwith outside seatingreferred to herein as “Roundabout Pizza.” Roundabout Pizza’s kitchen may also be used as a prep kitchen for Marina Cantina and Salt Cracker. Roundabout Pizza may also be used fordeliveries andstorage of items necessary to conduct the permissible business activities. Any unauthorized use of the Premises will constitute an event of default. 2.Paragraph 5(a), subparagraphs (c) through (h), and subparagraph (j) are hereby replaced intheirentirety as follows, and the remaining subparagraphs are unaffected by this Amendment: The Lessee hereby covenants and agrees to pay rent for the leasehold,which will eventually comprise 10,141squarefeet of interior space and 15,578squarefeet of exterior/seasonal patio space as follows: a. Once each restaurant is open for business, the Lessee shall, at the beginning of the following month, pay an amount equivalent to eight (8) percent of monthly gross alcoholic beverage sales for the preceding, calculable month throughout the term of thislease, and any extension thereof for each restaurant comprising the leasehold. The percentage of alcohol sales remittance shall be made along with the Lessee' s payment of the monthly rent, which is detailed in subsections (b) through (h) below. The Lessee shall provide the Lessor within 15 days after the end of each month during the term of this lease a statement showing the amount of alcohol beverage gross sales accounted separately during the month. The [GM12-1371-014/180441/2] statement used by the Lessee to report such sales will be in form satisfactory to the City Manager or his designee. Such statement should be accompanied with a copy of the monthly State Sales Tax return paperwork accounting the amount of gross sales for the preceding month. The term "gross sales" as used in this paragraph means the entire amount of the actual sales receipts, whether for cash or otherwise, for all sales conducted in, on or from the premises. The term "alcohol beverage" means all beverages containing alcohol. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excise tax imposed by a governmental authority wherein Lessee is regarded as the collecting agent. . . . c. Years 2 through 5 –Lessee shall: i. Pay $9.00/sq. ft. for 9,285 sq. ft. per year duringthe spanfrom year 2 through January 31, 2016of the lease. ii. Pay the total sum of $194,985.00plus tax during the span of year 2 through January 31, 2016 of the lease, whichshall be paid in equal monthly payments of $6,963.75. Each monthly payment shall be due and payable on the first day of each month. iii. As of February 1, 2016, the leasehold expands to 10,141 sq. ft.,and Lesseemust pay the total sum of $152,115.00plus tax during the span of the aforementioned date through year 5 of the lease, which shall be paid in equal monthly payments of $7,605.75plus tax through September 30, 2017. Each monthly payment shall be due and payable on the first day of each month. d. Years 6 through 10 (if applicable, from October 1, 2017 to September 30, 2022)–Lessee shall: i. Pay $9.00/sq. ft. for 10,141sq. ft. per year during years 6 and 7 of the lease, at a total sum of $182,538.00 plus tax, which shall be paid in equal monthly payments of $7,605.75 plus tax through September 30, 2019. ii. Pay $17.50/sq. ft. for 10,141sq. ft. per year during years 8 through 10 of the lease, at a total sum of $532,402.50plus tax, which shall be paid in equal monthly payments of $14,788.96plus tax through September 30, 2022. [GM12-1371-014/180441/2] iii. Each monthly payment shall be due and payable on the first day of each month. e. Years 11 through 15 (if applicable, from October 1, 2022 to September 30, 2027)–Lessee shall: i. Pay $17.50/sq. ft. for 10,141sq. ft. per year during years 11 and 12 of the lease, at a total sum of $354,935.00plus tax, which shall be paid in equal monthly payments of $14,788.96plus tax through September 30, 2024. ii. Pay $20.00/sq. ft. for 10,141sq. ft. per year during years 13 through 15 of the lease, at a total sum of $608,460.00plus tax, which shall be paid in equal monthly payments of $16,901.67plus tax through September 30, 2027. iii. Each monthly payment shall be due and payable on the first day of each month. f. Years 16 through 20 (if applicable, from October 1, 2027 to September 30, 2032)–Lessee shall: i. Pay $20.00/sq. ft. for 10,141sq. ft. per year during years 16 and 17 of the lease, at a total sum of $405,640.00plus tax, which shall be paid in equal monthly payments of $16,901.67plus tax through September 30, 2029. ii. Pay $22.50/sq. ft. for 10,141sq. ft. per year during years 18 through 20 of the lease, at a total sum of $684,517.50plus tax, which shall be paid in equal monthly payments of $19,014.38plus tax through September 30, 2032. iii. Each monthly payment shall be due and payable on the first day of each month. g. Years 21 through 25 (if applicable, from October 1, 2032 to September 30, 2037)–Lessee shall: i. Pay $22.50/sq. ft. for 10,141sq. ft. per year during years 21 and 22 of the lease, at a total sum of $456,345.00plus tax, which shall be paid in [GM12-1371-014/180441/2] equal monthly payments of $19,014.38 plus tax through September 30, 2034. ii. Pay $25.00/sq. ft. for 10,141sq. ft. per year during years 23 through 25 of the lease, at a total sum of $760,575.00 plus tax, which shall be paid in equal monthly payments of $21,127.08plus tax through September 30, 2037. iii. Each monthly payment shall be due and payable on firstday of each month h. Years 26 through 30 (if applicable, from October 1, 2037 to September 30, 2042)–Lessee shall: i. Pay $25.00/sq. ft. for 10,141sq. ft. per year during years 26 and 27 of the lease, at a total sum of $507,050.00 plus tax, which shallbe paid in equal monthly payments of $21,127.08plus tax through September 30, 2039. ii. Pay $27.50/sq. ft. for 10,141sq. ft. per year during years 28 through 30 of the lease, at a total sum of $836,632.50plus tax, which shall be paid in equal monthly payments of $23,239.79plus tax through September 30, 2042. iii. Each monthly payment shall be due and payable on the first day of each month. . . . j. In addition to paying the first month's rent of $6,678.00, the Lessee shall pay an additional $7,605.75as a deposit to secure the faithful performance of the Lessee's obligations hereunder. If options to extend the lease are exercised, then the Lessee must provide the Lessor a deposit equaling the highest monthly payment of that respective lease term. Lessee’s failure to maintain the appropriate deposit amount with the Lessor may result in Lessor declaring this failure an Event of Default. The Lessor may deduct from the deposit any amount, which might become due from the Lessee to the Lessor for damage to the premises or for any reason or cause whatsoever except rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last monthly rental payment. 3.Paragraphs15(f)(4) and (5)are hereby added to the Lease Agreement as follows: [GM12-1371-014/180441/2] . . . (4)If the Lessee shall violate anyof the covenants of this lease and fail to correct such default within thirty(30) days after a written request by the Lessor to do so, then the Lessormay, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (5)In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the leased property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee thirty(30) days' written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said thirtieth(30) day period. 4.Paragraph 16ishereby amended as follows: …Lessee covenants to complete all contemplated capital improvements, as detailed in Exhibit E, as expeditiously as possible and have therestaurantMarina CantinaandSalt Cracker open by January1April1, 2016.Lessee covenants to have Roundabout Pizza open by Labor Day 2016.Otherwise, this shall constitute an Event of Default. 5.All of the terms and conditions of the Lease Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Lease Agreement. IN WITNESS WHEREOF, this agreement is executed as of the date first above written. Countersigned:CITY OF CLEARWATER, FLORIDA _______________________________By__________________________________ George N. Cretekos, Mayor William Horne, City Manager [GM12-1371-014/180441/2] Approved as to form:Attest: ___________________________________________________________________ Camilo Soto, Assistant City Attorney Rosemarie Call, City Clerk Marina Cantina, LLC By:________________________________ Frank Chivas, President Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2160 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint one member to the Nuisance Abatement Board with term to expire February 28, 2020. SUMMARY: APPOINTMENT WORKSHEET BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 1 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: Richard (Dick) L. Ruben - 1430 Gulf Blvd. #501, 33767 - Retired/Business Original appointment: 8/20/15 Resigned: 2/4/16 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Gary H. Baker - 55 Rogers Street #402, 33756 - Attorney 2. Greg A. Brown - 1279 Bermuda St., 33755 - Production Assistant 3. Jeffrey E. Feeley - 3301 San Domingo St., 33759 - Real Estate Investor 4. Carole Hayes - 2087 Edgewater Dr., Unit G., 33755 - Retired/BS Education 5. Mary Ann Lane - 3030 Homestead Ct., 33759 - Clinical Social Worker 6. Kevin R. T. Laughlin - 1237 Rose Road, 33759 - Industrial Safety Training 7. Susan Oliveto - 100 Waverly Way #303, 33756 - English Teacher/Librarian Page 1 City of Clearwater Printed on 2/25/2016 File Number: ID#16-2160 8. James Strobusch - 31 Island Way #807, 33767 - Retired/HR Management 9. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist Zip codes of current members: 4 at 33755 2 at 33756 Current Categories: Attorney HR Analyst Restaurant Owner Retired Business Management Retired/Management Retired Teacher Page 2 City of Clearwater Printed on 2/25/2016 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Gary H. Baker Home Address: 55 Rogers Street #402 Office Address: 2963 Gulf to Bay Blvd, Suite 100 -33759 Zip 33756 Zip 33756 Telephone: 727-642 -8946 Telephone: 727 -793 -0066 Cell Phone: 727-642 -8946 E -mail Address: ghbaker @garybakerlaw.com How long a resident of Clearwater? 1 1/2 years; >Palm Harbor 8 yr; >Clearwater Beach 1 year Occupation: Attorney Employer: Gary H. Baker, PA Field of Education: Other Work Experience: Law All work experience has been taw related If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: Additional Comments: Signature:Gary H. aker 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. v...wr. b, Gory H Boxer of 004 304607 D04 41 29 Lapp p5 ei. Date: 07/04/2015 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 DPF;aAL RECOWS LEGISlATiVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To conduct hearings regarding public nuisance claims, which at this time are primarily regarding claims of prostitution and drug related activities on properties in Clearwater. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have observed board meetings, but not Public Nuisance Abatement Board 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Clearwater is my home. I reside in downtown Clearwater on the West end of the City and my office is on Gulf to Bay on the East end of the City. I am an attorney and I have a clear understanding of due process, hearing procedures and protocol. I am fair, and I am not associated with any parties likely to cause my disqualification. I do not practice in the areas of criminal law, zoning or and use. 4. Why do you want to serve on this Board? would like to be more active in and more responsible for the inner - workings of Clearwater. I want to help make my City even greater, and I believe that with my experience I can play a role in improving the quality of life for my fellow residents. Name: Gary H. Baker Board Name: Public Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Greg A. Brown Home Address: 1279 Bermuda St. Clearwater,fl Zip 33755 Telephone: 727 - 458 -9724 Cell Phone: 727-458-9724 How long a resident of Clearwater? 16 Years Occupation: Production Assistant Office Address: 1279 Bermuda st. Clearwater,Fl Zip 33755 Telephone: 727 - 458 -9724 E -mail Address: indyhair @hotmail.com Field of Education: High School Diploma -GSHS 1986 Musicians Institute 1989 -1991 Employer: Self/ Live Nation/ AEG Other Work Experience: I have worked my whole career as a Full time Musician tour manager /production manager. If retired, former occupation: Community Activities: Cub Scouts, Outdoor Concerts and Help at My sons' School Activities. Other Interests: Making Clearwater Beautiful Again. Board Service (current and past): Board Preference: Additional Comments: Since being a Home Owner in Clearwater, I want to help make Our Neighborhoods and This City a Beautiful, Safe and Nurturing Environment for Our Kids and Our Residents. And to help to do my part for this Community. Sign Date: r ' 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 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To determine if Properties within the city are, or becoming a nuisance and to determine if action is to be taken against the Property Owner or Resident of that Property. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Just being in the community and wanting to do my part to Better it. My experience dealing with people over the years have given me a chance to see all aspects of life and living and I think this Board is a important part of our everyday life. And I would like to Help serve Clearwater. 4. Why do you want to serve on this Board? feel that what this Board does is Very Important to the Safety and Productiveness of Our Neighborhoods and I want to do all I can as a resident to make sure Our neighborhoods are Safe.And Being on this Board 1 will do everything I can to be Fair and serve the Community. Name: Greg A. Brown Board Name: Nuisance Abatement Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Address: Office Address: i ‘at_ 1 L Zip 37 S9, Zip Telephone: 7 2 7 j-4- Telephone: Cell Phone 1 j a3C) [ OR E -mail Address: How long a resident of Clearwater? 5 -4 NC_52._ 1 p.L Occupation:POL_6 7} TL 1 N (..-Zr'' s ' Employer: __Kk/ Field of Education: Other Work Experie ce: V.A. J ' Vd i t CG veury2aciA 1 riltiL crNstATC a1 ccSS Rcil L) e ft) If retired, former occupation: Cv iT)Th 3,' t1IA L DC C Community Activities:M }r* C)2 SSA %G1 d fc : rte, C flr W Chelec Other Interests: I II Board Service (current and past): Board Preference: P‘ Additional Comments: -I. hA 0 C c 1- `,'N 5 z cy1 t2 L k = ' ) (s /}/..) (9_ ,A tg4 erg cAyi /4 Signat re: ,, Date: ki \ L., \ ; iG' 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 2( BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1,:szoci,q7cd (404- pie:lc,' T1 \--drt )1 cy), ir,{ \--4 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? N0 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 1-1 r 1' 1-k ({U1' t t AAO A) 11)elt11t I. An) 3 Lor fc St AiVT c4re__ or ( ' r w', ri 9 'f -bv k-) c; t (6 *CV- Cyrr.ACS L76 hoJV0ti A 1" m cvrl(z/0 (( G ('reCT(v iT S,(04,( (<411-A LetA 0 "g0i C vi.c)(4.1 01 nol‘Wi 2 L;S;A"ce‘ VJ ) C ok ICJ 5 ItA01 4)Wlyk- docnt)ant toosserve on this Board? "11 krniut-- pZeOt C) rrT tc j 'hnt,9E bNcj hi_ 6 c›C vcAutik) bL1 N W a to i 4 et-t- JcC' rA 140 nr m4rf ' t,i ild(Gy2 boil) c. 4) -7sc1" k1 sc.)( 1 <4 JL,T- Board Name:U 44 -in S11-10C2 .A17)H ?L.•wr•, A(zi) CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: 24,L-E yEs Home Address: if 0_J2.ai LAS a Zip J3 7 Telephone: (IS) r 449 8`48`4 Cell Phone: (7,,,/7) 4, 4. jl'i'5 Office Address: Ai Zip Telephone: E -mail Address: How long a resident of Clearwater? J-C) i/ it Occupation: /t L (I''R. Emp oyer: P, nr° l i , ltt Field of Education: Other Work Experience: v a 4-t ael #t d IL_ ; r co-di-25 P 4 (Da co jcO -7 / MS s Le n r ( • . fdR k SCI : ) If retired', former occupation: ; ... Community Activities - 4 Other Interests: RuiJ, n cl4ai k.,•nc k,,:4,1 S Board Service (current an past): Board Preference: Ai H ta dditional Comments: rArtoe v`co • do 110116P el 605 kr (1)z (4yUffriA6ssc7., n o4i,1, P 1A By",c i, Signature: Date: '. id • lc- See attached list for boards that r ire 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 r ED Declaration of Domicile filed with the city clerk affirming residency within city limits C FFICJ ORDS AND LEGISLATiVE 211a DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 5 5140•4 n d&_el T__1) i e V ) nom, U 1- &4r n • c»1 Fab/ 10-- sail oe, 0_cc5FoJo j U 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? rc a-a.1.--J 4;h Omar itaa. i ko s r 4:., 6PIQr-1s r in 011.0 J. . 9 /4 ' 11 4r retc_h trcah)e 54 44)1 D n5 4. Why do you want to serve on this Board? 4 5r!Sr c t na_1A id r re_., c•-"4 En ' y 3Qr an 73 Is oictrcl- `6 I nz 4^ d y- @i mmu Y) Name: Board Name: .14)1 je. 1 cc.tS ec A b°-0%0 350.4Q-, CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Cl earwater resident) Name: f Pk/ € / /n/"),J Home Address: Office Address: 0 3D Worn, 1,/ , g/ pi, 9 6 Zip 9”1' Zip Telephone: '2 i — 0 (., - <%' ' Telephone: Cell Phone: ?11 H— 3 3 Ti E -mail Address: How long a resident of Clearwater? 55 Ai cc, / 'Y' Occupation: G (I •t _c S °6-4 (A)64-- Employer: 11/M L ar ^)S Field of Education: If retired, former occupation: Community Activities: Other Work Experience: L,, 4() .k VA S;N - rig? a - (4 - 0 11 +(tt( rr-12/ C0 u Other Interests: k G <lb(Jl €Q > C l.J Board Service (current and past): S _ 7 `7 a c)-- L -- I) I- - _ / 0 /f5) US l -e--k" 1- %X C` z Board Preference: t-- 1 J I SQ -r'- - -`'SL .; 0 Additional Comments: Signature Date: 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 10 O.1=iCi.A. RECORDS AND LEG SLAT IVE S VCS DEPT BOARD QUESTIONNAIRE 1. What is yyoo r understanding of the board's duties and responsibilities? p()-vu 5 e(_e_-p6- a ( ()L,,,c-L 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? / rt r c- (a-Q tp-rilk-c( ,.=f2 Jr 0,a A/6==r U u 4. Why do you want to serve on this Board? ) 3 I s„- y .e. Name: J Board Name: I 5f2-± yam_ ,, ; CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Kevin R T Laughlin Home Address: 1237 Rose Road Office Address: Zip 33759 Zip 33759 Telephone: Telephone: Cell Phone: 727- 422 -1269 E -mail Address: kevin @breezeworks.us How long a resident of Clearwater? 2 Years (formerly Belleair) Occupation: Industrial Safety Training Employer: Breezeworks Services, Inc. Field of Education: Business Other Work Experience: Property Management Education Marina Management If retired, former occupation: Community Activities: Clearwater Country Club, Local Politics Other Interests: Boating, Billiards, Golf, Community Theatre Board Service (current and past): Board Preference: Nuisance Abatement Board Marine Advisory Board Additional Comments: My job entails industrial equipment training and jobsite hazard assessment. High communication skills and attention to detail. Signature: Kevin R T Laughlin oa,,zoKS ®°r3 asa, aroo, sam °K'° Date: July 13, 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 requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits 7cr , 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 13 201J OFFICIAL RECORjS AND LFrnAITVE S RVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To meet periodically to hear evidence of certain illegal activities and to seek abatementof these activities. Specific properties in the gateway areas have forced the creation of this board. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have attended Clearwater, Largo and County board meetings over the last decade, as well as reviewed them on C -View. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I am an Industrial Safety Trainer specializing in heavy fork and man lifts for the last 12 years. Communication skills and attention to jobsite safety are the core for completing the training. I have owned two different properties along the Clearwater /Largo Rd corridor over the last decade and witnessed first hand problems identical to the Gulf -to -Bay situations. Drugs, prostitution and vagrancy are still present in many locations. 4. Why do you want to serve on this Board? have an interest in becoming more active in my city and county governments. Clearwater is to portal to our beaches and can be cleaned up to reflect what a good city it is. Name Kevin R T Laughlin Board Name: Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR-ADVISORY BOARDS must be Clearwater resident) Name: Susan Oliveto Home Address: Office Address: 100 Waverly Way #303, Clearwater, FL 100 Waverly Way #303,- Clearwater, FL Zip 33756 Zip 33756 Telephone: 727 - 415 -5634 Telephone: 727-415 -5634 Cell Phone: 727-415 -5634 E -mail Address: soliveto @tampabay.rr.com How long a resident of Clearwater? For the past 13 years (2002- 2015), and growing up (1970 -1982) Occupation: English Teacher /Librarian Employer: Pinellas County Schools Field of Education: B.S. Fine Arts, New College, FL B.A. English Education, USF Other Work Experience: I taught English for 5 years in Hungary. If retired, former occupation: Community Activities: Volunteer at my daughter's high school, (Clearwater H.S.) and for the City of Clearwater parks clean up, etc. Other Interests: Reading, health and fitness Board Service (current and past): Board Preference: I have no previous experience serving on a city board, however, I do have experience working on committees in my role as a Pinellas County School teacher. Nuisance Abatement Board Additional Comments: I read last Friday's Clearwater Times and saw that they are looking for Clearwater residents to serve on . newly formin! . ance Abatement Board and I am very interested in this local initiative. A'I .+. r /ft Date: 07 -05 -2015Signatur 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 RECEUED Declaration of Domicile filed with the city clerk affirming residency within city limits 06: OFFICt .i. iiECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Participate in hearings that will assist local law enforcement in dealing with local businesses that are repeatedly cited for, and have become magnets for prostitution, illegal drugs, and other criminal activity. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have watched an occasional city board meeting on the city TV station. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? As an educator, I have over 25 years experience working with a diverse community of both parents and students. I have spent the last two years as a member of Pinellas County School's Lead the Learning Cadre assisting with the transition to the Florida Core Standards. I am also a. member of my School Based Leadership Team as well as the chairperson for my school's Literacy Team. 4. Why do you want to serve on this Board? I have lived in the Eastern Gateway District of Clearwater for the past thirteen years, and I would love to become a part of the solution that works to reduce the very visible daily crime in this area. The Eastern Gateway has the potential to be one of Clearwater's shining stars that is safe for both residents and tourists to navigate through rather than avoid. Name: Susan Oliveto Board Name: Susan Oliveto CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: James Strobusch Home Address: 31 Island Way #807 Zip 33767 Office Address: Zip 33767 Telephone: Telephone: CeII Phone: 727- 902 -4411 E -mail Address: How long a resident of Clearwater? 6.5 years Occupation: Retired Employer: JCPenney Field of Education: Other Work Experience: Bachelor's Degree Criminal Justice Human Resource Manager Master's Degree Guidance & Counseling If retired, former occupation: Human Resource Management Community Activities: Valspar Golf Tournament Volunteer, Sugar Sand Festival Volunteer Other Interests: Board Service (current and past): Board Preference: Additional Comments: Currently Horizon House Co -Op Board Member (Treasurer) James Strobusch 001,1y eignap ° Signature: Dale. MI5 07OB 037 a00 Yom,. Date: 07 -06 -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 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 fi_LL Declaration of Domicile filed with the city clerk affirming residency within city limits JO L 0 7 2015 LEGISLATIVE S ,:VCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? A seven member board will hold hearings with property owners. The board will determine compliance with the city nuisance abatement law. The board will have the authority to fine a business for non - compliance. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? No 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have 28 years of experience in the Human Resources field that dealt with compliance to company policies and procedures on a daily basis. At JCPenney we had a peer review board that reviewed employee terminations. I was responsible for presenting the company's position in these situations & unemployment hearings. 4. Why do you want to serve on this Board? would like to give back to my community in a way that will enhance the Clearwater experience for our residence and the visitors to our community. Name: James Strobusch Board Name: Nuisance Abatement board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Michelle Thomann - Ramirez Home Address: Office Address: 10 S. Keystone Dr Zip 33755 Zip 33755 Telephone: Telephone: Cell Phone: 727 - 507 -1207 E -mail Address: michelletramirez @gmail.com How long a resident of Clearwater? 1.5 yrs Occupation: Art Educator /Artist Field of Education: BFA M.ED Employer: Self Other Work Experience: Public schools as teacher, substitute and after school programs with at risk youth, adults with disabilities. Fine art instructor for private programs. If retired, former occupation: Community Activities: Sugar sands volunteer, Second chance for strays volunteer 101 graduate. Other Interests: arts and healing, community building through the arts, woman and girls at issues Board Service (current and past): Board Preference: Nuisance abatement Parks and Recreation Community development Additional Comments: Signature r._ w4/ 7rz ' Z`` ' Date: 7/11/15 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 RECEIVED JUL 13 UTICIAL RECORi s AND LEGISLATIVE SRVCS DEPT 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To gather and asses information that will help guide un compliant landlords to better manage their properties in the Clearwater neighborhoods. To give them input on how to manage and find tenants that are responsible for their actions. To asses which properties need help. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, on T.V 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have a background in education and art so it is a perspective from seeing students who struggle and how their home life affects them. I have lived in lower to middle income neighborhoods and have personally had to navigate a uncaring landlord in my former home. It became a drug house. I also see that as a community we need to reach out to help people who may feel it is out of their control. 4. Why do you want to serve on this Board? I want to become more involved with community choices, to see that all people are considered and their unique situations. I believe my input may be of value in that I know that all things may not be what they seem. I also believe when we try to navigate people that they resist and can help with solutions that are positive and helpful to everyone involved. Name: Board Name: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8845-16 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Amend Section 27.06, Code of Ordinances, to extend the installment payment period for special assessments from not more than ten years to not more than twenty years, and pass Ordinance 8845-16 on first reading. SUMMARY: City Council directed staff to amend the code to allow for a twenty year installment payment period for special assessments. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/25/2016 Ordinance No. 8845-16 ORDINANCE NO. 8845-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 27, CODE OF ORDINANCES, PERTAINING TO SPECIAL ASSESSMENTS, AMENDING SECTION 27.06 TO EXTEND THE INSTALLMENT PAYMENT PERIOD FOR SPECIAL ASSESSMENTS FROM NOT MORE THAN TEN YEARS TO NOT MORE THAN TWENTY YEARS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 27.06(2), Code of Ordinances, is amended to read as follows: Sec. 27.06. -Certificate of indebtedness. * * * * * (2) Installment payments.The certificate, subject to the interest provided in this section, may be satisfied through weekly, monthly or annual installments with such installment payment period to run not more than twentyyears from the date of issuance. Such certificate, together with interest, may be paid in full at any time and the property owner shall not incur any penalty for prepayment. * * * * * 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: ______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8821-16 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8821-16 on second reading, annexing certain real properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, 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 2/25/2016 Ordinance No. 8821-16 ORDINANCE NO. 8821-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF NURSERY ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2118, 2142, AND 2166 BELL CHEER DRIVE, ALL IN CLEARWATER, FLORIDA 33764, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2015-12034) 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8821-16 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 ANX2015‐12034 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive 3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 2110 21 7 3 21 2 5 21 1 7 21 4 7 21 5 5 21 3 5 21 4 9 20 9 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8 2 1 2 3 21 0 9 2147 21 5 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 2106 21 0 1 2106 21 9 5 21 5 7 2 1 1 9 21 2 5 2115 21 7 3 21 9 1 2124 21 7 4 21 4 9 21 6 7 21 0 9 1 1 1 0 2111 21 4 3 21 4 3 21 6 1 21 8 1 2126 1105 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 21 4 3 2112 1009 21 1 0 2160 2 1 21 4 8 2176 2122 2206 21 9 9 124 2184 2 1 4 1 21 2 5 123 1 2 1 6 120 1006 2116 2130 124 2140 21 9 9 21 6 6 21 6 0 1107 123 125 21 8 7 2118 2190 2 1 5 6 2140 1005 8 2166 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 21 3 5 08 2100 00 21 5 7 1220 1111 21 3 3 1010 2192 21 3 31222 2148 2172 2100 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR ^^^ BELCH ER RD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 DRUID RD AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR RU BURNICE DR BURNICE DR S B E L C H E R R D S B E L C H E R R D BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD 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 GROVE AVE (trail only) GROVE AVE (trail only) -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 2110 21 7 3 21 2 5 21 1 7 21 4 7 21 5 5 21 3 5 21 4 9 20 9 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8 2 1 2 3 21 0 9 2147 21 5 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 2106 21 0 1 2106 21 9 5 21 5 7 2 1 1 9 21 2 5 2115 21 7 3 21 9 1 2124 21 7 4 21 4 9 21 6 7 21 0 9 1 1 1 0 2111 21 4 3 21 4 3 21 6 1 21 8 1 2126 1105 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 21 4 3 2112 1009 21 1 0 2160 2 1 21 4 8 2176 2122 2206 21 9 9 124 2184 2 1 4 1 21 2 5 123 1 2 1 6 120 1006 2116 2130 124 2140 21 9 9 21 6 6 21 6 0 1107 123 125 21 8 7 2118 2190 2 1 5 6 2140 1005 8 2166 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 21 3 5 08 2100 00 21 5 7 1220 1111 21 3 3 1010 2192 21 3 31222 2148 2172 2100 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Alejandro and IsbeliaRios 2118 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-12034 Ryan Scott and Erika E. Frazer 2166 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8822-16 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8822-16 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 properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, 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 2/25/2016 Ordinance No. 8822-16 ORDINANCE NO. 8822-16 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 EAST OF SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF NURSERY ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2118, 2142, AND 2166 BELL CHEER 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) (ANX2015-12034) 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8821-16. Ordinance No. 8822-16 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 ANX2015‐12034 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive 3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T RL RL P RL RU R/OS RU WATER RU I RURU RU RU 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 21 4 3 21 7 3 21 2 5 21 1 7 21 3 5 21 4 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8212321 0 9 2184 2147 21 5 5 21 2 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 1 2 1 6 2106 21 0 1 2106 21 9 5 21 5 7 21 6 0 2190 2 1 1 9 21 2 5 2166 21 7 3 21 9 1 2124 21 7 4 21 3 5 21 4 9 21 6 7 1220 21 4 3 21 4 3 21 6 1 2126 1105 2100 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 2110 2112 1009 21 1 0 2160 2 1 21 4 7 21 4 8 21 5 5 20 9 9 2176 2122 2206 21 9 9 124 2 1 4 1 123 120 1006 2116 2130 124 2140 21 9 9 21 6 6 1107 123 125 21 8 7 2118 2 1 5 6 2140 1005 8 2115 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 08 2100 00 21 5 7 21 0 9 1 1 1 0 2111 1111 21 8 1 21 3 3 1010 2192 21 3 31222 2148 2172 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR ^^^ BELCH ER RD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 DRUID RD AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR RU BURNICE DR BURNICE DR S B E L C H E R R D S B E L C H E R R D BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD 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 GROVE AVE (trail only) GROVE AVE (trail only) -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 2110 21 7 3 21 2 5 21 1 7 21 4 7 21 5 5 21 3 5 21 4 9 20 9 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8 2 1 2 3 21 0 9 2147 21 5 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 2106 21 0 1 2106 21 9 5 21 5 7 2 1 1 9 21 2 5 2115 21 7 3 21 9 1 2124 21 7 4 21 4 9 21 6 7 21 0 9 1 1 1 0 2111 21 4 3 21 4 3 21 6 1 21 8 1 2126 1105 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 21 4 3 2112 1009 21 1 0 2160 2 1 21 4 8 2176 2122 2206 21 9 9 124 2184 2 1 4 1 21 2 5 123 1 2 1 6 120 1006 2116 2130 124 2140 21 9 9 21 6 6 21 6 0 1107 123 125 21 8 7 2118 2190 2 1 5 6 2140 1005 8 2166 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 21 3 5 08 2100 00 21 5 7 1220 1111 21 3 3 1010 2192 21 3 31222 2148 2172 2100 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Alejandro and IsbeliaRios 2118 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-12034 Ryan Scott and Erika E. Frazer 2166 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8823-16 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8823-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, 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 2/25/2016 Ordinance No. 8823-16 ORDINANCE NO. 8823-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF NURSERY ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2118, 2142, AND 2166 BELL CHEER 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, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8821-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2015-12034) Ordinance No. 8823-16 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 ANX2015‐12034 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive 3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T LMDR P OS/R I P 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 21 4 3 2110 21 7 3 21 2 5 21 1 7 21 4 7 21 5 5 21 3 5 21 4 9 20 9 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8212321 0 9 2184 2147 21 5 5 21 2 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 1 2 1 6 2106 21 0 1 2106 21 9 5 21 5 7 21 6 0 2190 2 1 1 9 21 2 5 2166 2115 21 7 3 21 9 1 2124 21 7 4 21 3 5 21 4 9 21 6 7 21 0 9 1 1 1 0 2111 1220 21 4 3 21 4 3 21 6 1 21 8 1 2126 1105 2100 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 2112 1009 21 1 0 2160 2 1 21 4 8 2176 2122 2206 21 9 9 124 2 1 4 1 123 120 1006 2116 2130 124 2140 21 9 9 21 6 6 1107 123 125 21 8 7 2118 2 1 5 6 2140 1005 8 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 08 2100 00 21 5 7 1111 21 3 3 1010 2192 21 3 31222 2148 2172 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR ^^^ BELCH ER RD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 DRUID RD AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR RU BURNICE DR BURNICE DR S B E L C H E R R D S B E L C H E R R D BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD 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 GROVE AVE (trail only) GROVE AVE (trail only) -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-12034 Site: 2118 Bell Cheer Drive 2142 Bell Cheer Drive 2166 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.711 N/A Land Use Zoning PIN: 24-29-15-06426-000-0030 24-29-15-06408-000-0080 24-29-15-06408-000-0040 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 60 6 0 50 4 3 4 5 6 88103 104 130 131 132133 87 86 85 8483 138 137 136 135 134 105106107 108 109 110 128 127 126 125 124 123 122 121120119118 117 116115114113112111 50 2 3 4 50 80 10 0 1 2 3 4 201 60 60 50 60 60 60 60 60 60 6 0 50 8 0 6 0 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 332198765 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 1 7 12 15 16 17 1 2 6 7 8 8 16 11/01 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PL E A S A N T P K W Y U N I V E R S I T Y C T 7 8 3 5 6 4 2 1290 22 1 0 21 3 1 21 9 1 2112 21 7 3 2172 21 6 5 2132 2110 21 7 3 21 2 5 21 1 7 21 4 7 21 5 5 21 3 5 21 4 9 20 9 9 21 6 7 1200 1276 21 0 9 21 9 8 2152 21 1 7 21 3 8 2 1 2 3 21 0 9 2147 21 5 5 21 7 9 21 3 9 21 8 5 2130 1100 21 0 7 21 9 7 21 2 5 2106 21 0 1 2106 21 9 5 21 5 7 2 1 1 9 21 2 5 2115 21 7 3 21 9 1 2124 21 7 4 21 4 9 21 6 7 21 0 9 1 1 1 0 2111 21 4 3 21 4 3 21 6 1 21 8 1 2126 1105 21 8 7 21 1 7 1250 21 9 5 2178 21 8 5 20 9 1 21 3 0 21 9 1 21 8 8 121 21 5 4 2 1 6 4 04 08 120 21 9 2 21 8 1 1101 21 2 7 21 4 3 2112 1009 21 1 0 2160 2 1 21 4 8 2176 2122 2206 21 9 9 124 2184 2 1 4 1 21 2 5 123 1 2 1 6 120 1006 2116 2130 124 2140 21 9 9 21 6 6 21 6 0 1107 123 125 21 8 7 2118 2190 2 1 5 6 2140 1005 8 2166 2180 2198 122 2186 21 4 2 21 2 4 21 1 8 21 4 1 21 3 5 08 2100 00 21 5 7 1220 1111 21 3 3 1010 2192 21 3 31222 2148 2172 2100 21 9 1 04 2118 1282 2134 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 12/8/2015 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Alejandro and IsbeliaRios 2118 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-12034 Ryan Scott and Erika E. Frazer 2166 Bell Cheer Drive View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2190 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Clearwater Beach Marina Parking Plan - Eric Wilson, Parking Manager and Mike Quillen, Engineering Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Scale 1" = 40' This is not a survey EXHIBIT "A" 40 PROPOSED 9' x 17' PARK /NG LONG TERM VALET PARK /NG SPACES 7 PROPOSED 9' x 17' PARKING LONG TERM VALET PARKING SPACES 20 PROPOSED 9` F 1i" is C.:gfirti'T TERM yALET PARKING SPACES OW 1 I' PROPOSED VALET PARKING KIOSK CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY Lee Cheek Clearwater Marina Valet Parking Concept DWG. NO. SHEET 1 OF 1 SECT - TWNSP -RNG 08 - 29 - 15 DATE DRAWN 2/29/16 l \ C \ y Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2192 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Tourist Development Council funding request for Ruth Eckerd Hall SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2181 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Policy Regarding Infrastructure Work that May Impact Traffic - Councilmember Hamilton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2191 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Spring Break - Councilmember Hamilton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2199 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: Positive discussion on transportation alternatives - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2200 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.4 SUBJECT/RECOMMENDATION: Resolution supporting establishing a maintenance budget partnership to enable Florida Department of Transportation installed landscaping within the right-of-way at overpasses on US 19 - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 February 24, 2015 Clearwater City Council 112 South Osceola Avenue Clearwater, FL 33756 Dear Mayor and City Councilmembers: The Clearwater Regional Chamber of Commerce supports the beautification of Clearwater roads through highway landscaping. Accordingly the Chamber supports the City including landscape maintenance budgeting that will leverage state beautification along U.S. 19 where space is available. Now that construction along U.S. 19 is complete, more and more drivers are encountering our overpasses and thoroughfares on and off the highway. 2014 saw an average of 30,000 people a day go under the overpass at Drew Street and U.S. 19, which surely has the potential to rise. As the City continues to roll out its new brand, this is a perfect opportunity to show that “Bright and Beautiful, Bay to Beach,” is much more than a slogan. These intersections are the first thing many tourists and visitors encounter as they enter into the Clearwater footprint. At the moment, there is a clear distinction in landscaping along that corridor when you cross into Clearwater from our neighbors to the south. This proposal was approved by the Chamber’s Economic Development Council on December 15th, 2015 and approved by the full Board on January 29th, 2016. This is a great opportunity to secure available state funding for the initial installation which would only require a minimal annual maintenance fee going forward. The Council has done an excellent job in leading the partnership that eventually designated Courtney Campbell Causeway a Florida Scenic Highway in 2005. This can easily be seen as an extension of that project and we urge Council to support this proposal and extend our beautiful beach aesthetic into our mainland infrastructure. Carol Hague President/CEO Clearwater Regional Chamber of Commerce Clearwater US 19 SB approaching Sunset Point Clearwater at Drew St Clearwater US 19 South of Sunset Point Pinellas Park US 19 at 118th Resolution No. 16- RESOLUTION NO. 16- A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING A PRIORITY FOR US HIGHWAY 19 LANDSCAPE MAINTENANCE IN ITS BUDGETS BEGINNING IN FY 2016/2017 TO FUND LANDSCAPE PROJECTS IMPLEMENTED BY FDOT WITHIN THE CITY OF CLEARWATER;PROVIDING AN EFFECTIVE DATE. WHEREAS, The Pinellas Metropolitan Planning Organization has prioritized US 19 as one of the three roadway planning focuses for 2016/2017. The focus includes Transit Oriented Development; and WHEREAS, the August 2015 Florida Transportation Plan Vision Element embraces transportation solutions that support Quality Places to live, learn, work and play; and WHEREAS, the Florida Department of Transportation adopted a Complete Streets Statewide Priority on September 17, 2014 to include the State Highway System; and WHREAS, the Florida Department of Transportation adopted an updated Highway Beautification Policy on May 15, 2013 with the goal of “the nation’s most beautiful highways that attract and grow business”; and WHEREAS, the City of Clearwater has initiated a US 19 Corridor Redevelopment Plan that is in the final stages of adoption; and WHEREAS, US Highway 19 has undergone reconstruction in the last thirty years, but various intersection improvements have been treated differently in terms of landscaping. The Drew intersection is fully landscaped for which the City of Clearwater maintains the landscaping for a cost of approximately $5,000 per year. Other US 19 intersections fully landscaped include East Bay and 118th; and WHEREAS, the intersections of Sunset Point and SR 590 have only minimal green spaces adjoining the MSE walls, but these spaces are the same width as what has been landscaped at 118th and US Highway 19; and WHEREAS, the intersections of Countryside, SR580, Enterprise and Harn Road have various spaces which could be landscaped, but have been covered with concrete paving; and WHEREAS, the State of Florida is required by Florida Statute 334.044(26) to set aside 1.5% of construction projects for landscaping to be utilized within that Transportation District. Such funding can be used for demolition prior to landscaping as well as the installation of the landscaping. Statewide this statute generates $50,000,000 annually; and WHEREAS, interchanges similarto those on US Highway 19 have been significantly landscaped in other parts of Pinellas County; and WHEREAS, the State of Florida Department of Transportation has a program of Bold New Vision Landscaping utilizing a portion of the 1.5% funding which could be implemented along US 19; and WHEREAS, David Downing, CEO of Visit St. Petersburg Clearwater reported on 12/1/2015 at the Beach Chamber of Commerce Annual Breakfast that the most important element of tourism is the actual visitor experience; and WHEREAS, State Senator Jack Latvala has expressed support for landscaping the right of way along US 19 and has communicated his support to the District 7 Secretary of Transportation; and Resolution No.2 WHEREAS, FDOT District 7 Landscape Architect, Michael Kidde, has expressed interest in working with the City of Clearwater on the feasibility of landscape improvements on US 19; and WHEREAS, the City of Clearwater has recently adopted a new logo “Bright and Beautiful Bay to Beach”; and WHEREAS, the Florida Department of Transportation policy requires local governments to provide ongoing maintenance for right of way landscaping done by the Department within their right-of- way; and WHEREAS, based on the current costs of maintaining Drew Street landscaping it is estimated that the cost of landscape maintenance for all remaining areas of US 19 within Clearwater would be an additional $25,000 to $30,000; and WHEREAS, the Clearwater Regional Chamber of Commerce’s Economic Development Committee and the Chamber Board have expressed support of landscaped areas along US 19; and WHEREAS, the City of Clearwater seeks to use local funds to leverage grants from available State funding; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1.That the Clearwater City Council will establish a priority for US Highway 19 landscape maintenance in its budgets beginning in FY 2016/2017 to fund landscape projects implemented by the FDOT within the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2016. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Clearwater near Sunset PointTwelve Feet Wide Pinellas Park near 118th Nine feet Wide Clearwater US 19 at SR 580 Largo US 19 at East Bay www.dot.state.fl.us Florida Department of Transportation RICK SCOTT GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 ANANTH PRASAD SECRETARY POLICY Effective: May 15, 2013 Office: Production Support Topic No.: 000-650-011-c HIGHWAY BEAUTIFICATION It is the policy of the Florida Department of Transportation to conserve, protect, restore, and enhance Florida’s natural resources and scenic beauty when constructing and maintaining the State Highway System. Under this policy, Florida can have:  The nation’s most beautiful highways that attract and grow business.  Safe roadsides that are durable, and ecologically and economically sustainable.  Measurable returns on investments that grow in value over time. In carrying out this policy, the Department will:  Make highway beautification everyone’s business.  Accommodate existing and proposed trees and other long lived plants by consistently integrating landscape conservation and highway beautification into the processes that are used to plan, design, construct, and maintain roadways.  Utilize design strategies that enhance Florida’s distinctive sense of place, create lasting curb appeal, and minimize the cost to conserve and maintain high quality landscapes.  Accept responsibility for maintenance of the state’s highest priority landscapes, as established by the Department, when necessary to implement this policy.  Develop and implement a system to track costs and accomplishments of programs contributing to highway beautification. _______________________ Ananth Prasad, P.E. Secretary 1868, 1970, 1985 MyFloridaBeautiful.com c. 1929 MyFloridaBeautiful.com 100 million visitors? Florida’s most visible and visited landscape $279,994,152 MyFloridaBeautiful.com MyFloridaBeautiful.com No less than 1.5% of the amount contracted for construction projects shall be allocated by the department on a statewide basis for the purchase of plant materials. 1999 Section 334.044(26), Florida Statutes •Change the Paradigm –Push the Envelop –Be BOLD -OWN THE LANDSCAPE •Aesthetics matters in everything we do. •Identify and enhance existing and proposed landscape opportunities early and often in the roadway planning and design process. •No more ugly ponds. November 16, 2014 March 5, 2015 At Central Office Town Hall Meeting Secretary Boxold states that highway beautification will continue to be one of his office’s highest priorities along with innovation and efficiency. @BCL@10069A15 1 printed 2/25/2016 4:03 PM Draft Clearwater Council Resolution on US 19 Highway Landscape Maintenance Budget Whereas, The Pinellas Metropolitan Planning Organizationhas prioritized US 19 as one of the three roadway planning focuses for 2016/2017. The focus includes Transit Oriented Development. Whereas the August 2015 Florida Transportation PlanVision Element embraces transportation solutions that support Quality Places to live, learn, work and play. Whereas the Florida Department ofTransportation adopted a Complete Streets Statewide Priorityon September 17, 2014to include the State Highway System. Whereas the Florida Department of Transportation adopted an updated Highway Beautification Policy on May 15, 2013 with the goal of “the nation’s most beautiful highways that attract and grow business.” Whereas the City of Clearwater has initiated a US 19 Corridor Redevelopment Plan that is in the final stages of adoption. Whereas US Highway 19 hasundergone reconstruction in the last thirty years, but various intersection improvementshave been treated differently in terms of landscaping. The Drew intersection is fully landscaped for which the City of Clearwater maintains the landscaping for a cost of approximately $5,000 per year. Other US 19 intersections fully landscaped include East Bay and 118th. Whereas the intersections of Sunset Point and SR 590 have only minimal green spaces adjoiningthe MSE walls, but these spaces are the same width as what has been landscaped at 118th and US Highway 19. Whereas the intersections of Countryside, SR 580, Enterprise and HarnRoadhave various spaces which could be landscaped, but have been covered with concretepaving. Whereas the State of Florida is required by Florida Statute334.044(26) to set aside 1.5% of construction projectsfor landscaping to be utilized within thatTransportation District. Such funding can be used for demolition prior to landscapingas well as the installation of the landscaping. Statewide this statute generates $50,000,000 annually. Whereas interchanges similar to those on US Highway 19 have been significantly landscaped in other parts of Pinellas County. Whereas the State of Florida Department of Transportation has a program of Bold New Vision Landscaping utilizing a portion of the 1.5% funding which could be implemented along US 19. Whereas David Downing, CEO of Visit St. Petersburg Clearwater reported on 12/1/2015 at the Beach Chamber of Commerce Annual Breakfast thatthe most important element of tourism is the actual visitor experience. Whereas State Senator Jack Latvala has expressed support for landscaping the right of way along US 19 and has communicated his support to the District 7 Secretary of Transportation. @BCL@10069A15 2 printed 2/25/2016 4:03 PM Whereas FDOT District 7 Landscape Architect, Michael Kidde, has expressed interest in working with the City of Clearwater on the feasibility of landscape improvements on US 19. Whereas the City of Clearwater has recently adopted a new logo “Bright and Beautiful Bay to Beach”. Whereas the Florida Department of Transportation policy requires local governments to provide ongoing maintenance for right of way landscapingdone by the Department within their right-of-way. Whereas based on the current costs of maintaining Drew Street landscaping it is estimated that the cost of landscape maintenance for all remaining areas of US 19 within Clearwater would be an additional $25,000 to $30,000. Whereas the Clearwater Regional Chamber of Commerce’s Economic Development Committee and the Chamber Board have expressed support of landscaped areas along US 19. Whereas the City of Clearwater seeks to use local funds to leverage grants from available State funding. Therefore be it resolved that the Clearwater City Council will establisha priority for US Highway 19 landscapemaintenance in its budgets beginning in FY 2016/2017 to fund landscape projects implemented by the FDOT within the City of Clearwater. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2137 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Newspaper in Education Week Proclamation - Sue Bedry, Newspaper in Education and Florida Press Educational Services SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2167 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: Clearwater for Youth Scholarships/Awards - Dawn Daugherty, Chairperson CFY Scholarship Committee SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2168 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: Youth Arts Month Proclamation - Beth Daniels, President Clearwater Arts Alliance SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2189 Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.4 SUBJECT/RECOMMENDATION: Calvary Church Day Proclamation - Pastor William Rice SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/25/2016