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03/03/2016Thursday, March 3, 2016 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda March 3, 2016City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Calvary Church Day Proclamation - Pastor William Rice 4.2 Newspaper in Education Week Proclamation - Sue Bedry, Newspaper in Education and Florida Press Educational Services 4.3 Youth Arts Month Proclamation - Beth Daniels, President Clearwater Arts Alliance 4.4 Clearwater for Youth Scholarships/Awards - Dawn Daugherty, Chairperson CFY Scholarship Committee 5. Approval of Minutes 5.1 Approve the minutes of the February 18, 2016 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 3/3/2016 March 3, 2016City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Amend the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. and authorize the appropriate officials to execute same. (consent) 7.2 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) 7.3 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) 7.4 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) 7.5 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) 7.6 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) Page 3 City of Clearwater Printed on 3/3/2016 March 3, 2016City Council Meeting Agenda 7.7 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) 7.8 Appoint Kevin R.T. Laughlin to the Nuisance Abatement Board with term to expire February 28, 2020. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 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. 8.2 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). 8.3 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). 9. City Manager Reports 9.1 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. 9.2 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. 9.3 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. 9.4 Amend the Economic Development Ad Valorem Tax Exemption for Instrument Transformers, Inc. and pass Ordinance 8882-16 on first reading. Page 4 City of Clearwater Printed on 3/3/2016 March 3, 2016City Council Meeting Agenda 9.5 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. 9.6 Ratify and confirm the agreement between Clearwater Ferry Services, Inc. (FERRY) and the City of Clearwater to reimburse the FERRY at $1.00 for each one-way ticket sold from 10 a.m. to 8 p.m. during the period of March 1, 2016 through April 30, 2016 for a cost not to exceed $79,300 and authorize the appropriate officials to execute same. 10. City Attorney Reports 11. Other Council Action 11.1 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 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 5 City of Clearwater Printed on 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2189 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Calvary Church Day Proclamation - Pastor William Rice SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2137 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2168 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: 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 3/3/2016 Public Art, Arts Education and Advocacy. Ways that the Clearwater Arts Alliance supports the community. Funds arts teacher awards for Clearwater Public Schools Generates public art and artist opportunities through our own initiated creative projects such as Pianos in Pinellas, Tour of Painted Pianos and our current traffic signal box beautification program. Advocates for the arts localy and state wide Participates in public art through supporting and contributing to Clearwater's city- driven public art projects. 41 al ill illy; too Clearwater Arts Allia nce Vision We envision a community in which the arts and culture thrive and are recognized and supported by government, businesses, and people for their contribution to the economic, social, and civic fabric of society. The Clearwater Arts Alliance has supported the arts in our area since 1999. Formed as the advocacy arm of the Clearwater Division of Cultural Affairs, CAA has grown to also support our own programming and initiatives. Your support in the way of volunteerism, creative talent, or financial contributions will help to ensure the future of our programming for years tocome. The Clearwater Arts Alliance believes the arts are essential to the health of our community. They promote economic vitality, prepare students for success, enhance tourism, and improve our quality of life. Your support by volunteerism, creative talent, and financial donations will ensure the future and expand the mission of CAA . Abigail Altieri received 2nd Place at the 2015 Pinellas County High School Art Exhibition at St. Petersburg College Crossroads Gallery SPC Clearwater Campus Get Involved! YES! I want to be a FRIEND of the Arts and support local art programs. Name Address Email Please indicate your level of support for FRIENDS OF THE ARTS: 25 $50 —$100. 250 $ OTHER I want to be a SPECIAL FRIEND and underwrite an arts teacher funding project for $500. I can help with a project or serve on a committee O May we list your name as a "Friend" in publications or on our website and social media? Yes, I would like to receive periodic email newsletters or notices about art events and advocacy issues. Please mail this completed card with your check payable to: CLEARWATER ARTS ALLIANCE, INC. P.O. Box 955 Clearwater, FL 33757 CLEARWATER ARTS ALLIANCE THE CLEARWATER ARTS ALLIANCE, INC. QUALIFIES U ' SECTION 501 (C) (3) OF THE IRS CODE. OUR FEDERAL TAX IDENTIFICA . • MBER IS 59- 3629009. A COPY OF FLORIDA REGISTRATION ( #CH1 1054) A FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE (1- 800 - 435 -7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THE STATE. THIS ORGANIZATION RECEIVES 100% OF ALL CONTRIBUTIONS. OUR PINELLAS COUNTY SOLICITATION OF CONTRIBUTION NUMBER IS 0409076. Printed by Jiffy* REPROGRAPHICS AMirk PPINTINc COMFAN We advocate, collaborate, and bring visibility to the arts to create a better community for Clearwater. clearwaterartalliance.org Serving Clearwater since 1999 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2167 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2172 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the February 18, 2016 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/3/2016 City Council Meeting Minutes February 18, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, February 18, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II – City Manager, Pamela K. Akin - City Attorney, and Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order The meeting was called to order at 6:00 pm at City Hall. 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 THC Education Day Proclamation, February 29, 2016 - David Aden, Concerned Businessmen's Association of Tampa Bay 4.2 Outback Bowl - Mike Schulze, Director of Communications and Sponsorships Mr. Schulze provided a PowerPoint presentation and presented Council with an autographed football from this year's game. 4.3 2016 Nacra 17, 49er & 49er FX World Championship - John Craig, CEO Sail Life Mr. Craig provided a PowerPoint presentation. Event organizer Frank Chivas thanked Council, sailing community, event partners, and city staff for support and efforts. 4.4 Federal Legislative Session Update - Greg Burns, Van Scoyoc Associates Page 2 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 4.5 Legislative request for a BRT TIA to the Beach premium service - Brad Miller, PSTA Mr. Miller provided a PowerPoint presentation. In response to questions, Mr. Miller said based on existing ridership and model estimates of comparable cities, 100,000 individuals will use the Express Service. A hub at the Clearwater Marina or loop at the beach hotels is being considered. 5. Approval of Minutes 5.1 Approve the minutes of the February 4, 2016 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the February 4, 2016 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda – None. 7. Consent Agenda – Approved as submitted. 7.1 Approve settlement of the physical damage claim of the City of Clearwater for payment not to exceed $60,918.00 and authorize the appropriate officials to execute same. (consent) 7.2 Approve the extension of Purchase Order 510558, to April 30, 2016 and increase funding in the amount of $90,000, with Heath Consultants, Inc., to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) 7.3 Approve the Third Amendment to Pasco Territorial Agreement; approve the Natural Gas Redefined Territory Financial Agreement in the amount of $659,600; approve the Amended and Restated Natural Gas Service Agreement all with Peoples Gas System; direct Clearwater Gas System, through its legal counsel, to pursue approval of a Joint Petition to the Florida Public Service Commission requesting an amendment to the natural gas territorial agreement between Peoples Gas System and the City of Clearwater, transferring certain natural gas territory in Pasco County to Clearwater Gas, allowing Clearwater Gas to service same, and authorize the appropriate officials Page 3 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 to execute same. (consent) 7.4 Approve the settlement agreement between the City of Clearwater and Karen Sowada for payment of $81,500.00 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the Purchase Contract for the City purchase of real property located at 3158 Gulf to Bay Boulevard, Clearwater, with a purchase price of $250,000 and total expenditures not to exceed $252,600 including closing costs; authorize appropriate officials to execute same, together with all other instruments required to affect closing; and approve the transfer of $252,600 from general fund reserves at midyear to cover the cost of purchase. (consent) 7.6 Approve an annual blanket purchase order (contract) to Univar USA Inc. (Univar) of Morrisville, PA, in the annual amount of $150,000.00, with the option for two, one-year term extensions for the purchase of Polyphosphate (ITB 03-16), and authorize the appropriate officials to execute same. (consent) 7.7 Approve a Contract (Purchase Order) to Communications International of Vero Beach, FL in the amount of $499,942.08 for the Project 25 (P-25) city terminal upgrade for the citywide two-way radio P-25 communication system in accordance with Sec. 2.564(1) (b), Code of Ordinances - Sole Source; authorize lease purchase under the City's Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interest; and authorize the appropriate officials to execute same. (consent) 7.8 Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2016 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $29.00 per hour, for a total estimated cost of $40,000 and authorize the appropriate officials to execute same. (consent) 7.9 Approve the 2016 Federal Legislative Agenda. (consent) Councilmember Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings Page 4 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2118, 2142, and 2166 Bell Cheer Drive; and pass Ordinances 8821-16, 8822-16, and 8823-16 on first reading. (ANX2015-12034) These voluntary annexation petitions involve three parcels of land totaling 0.711 acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, east of South Hercules Avenue, north of Nursery road, and west of South Belcher Road. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to city sewer as part of the Belcher Area Sewer Expansion Project. The properties are contiguous to existing city limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the County. Collection of solid waste will be provided to the properties by the City. Two of the applicants have paid the sewer impact fee in full, and will be connected once sewer is made available. The third applicant has not paid the sewer impact fee, and is aware that the fee must be paid in full in order to connect and of the financial incentives available. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 5 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits to along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Polglaze moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2118, 2142, and 2166 Bell Cheer Drive. The motion was duly seconded and carried unanimously. Ordinance 8821-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8821-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze Ordinance 8822-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8822-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze Ordinance 8823-16 was presented and read by title only. Councilmember Hock-DiPolito moved to pass Ordinance 8823-16 on first reading. The motion was duly seconded and upon roll call, Page 6 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 8.2 Approve amendments to the Clearwater Comprehensive Plan Future Land Use, Transportation, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements goals, objectives and policies regarding numerous provisions, including: repealing transportation concurrency and establishing a new Mobility Management System; allowing for non-contiguous annexations; encouraging strategies to reduce flood risk in coastal areas; and updating the Capital Improvements Revenue and Expenditures Summaries, consistent with State Statutes; and pass Ordinance 8805-16 on first reading. (CPA2015-04001) This proposed ordinance contains numerous amendments to the goals, objectives and policies of the Future Land Use, Transportation, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements of the Clearwater Comprehensive Plan. The most substantial topic addressed is the proposed deletion of the transportation concurrency requirement and the creation of a Mobility Management System based on the Pinellas County Mobility Plan. The proposed amendments address changes made to the Community Planning Act in 2011, which amended 163.3180, Florida Statutes, by repealing certain state mandated concurrency requirements, including transportation concurrency. To address this change in the state statutes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency which would also further the development of a countywide multi-modal transportation system that could better accommodate travel options other than the personal automobile. This work resulted in the Pinellas County Mobility Plan which was approved by the MPO in 2013. The proposed amendments will ensure that the City’s Comprehensive Plan and concurrency management system is consistent with the countywide approach to mobility management and the Pinellas County Transportation Impact Fee Ordinance (TIFO), which is currently being renamed to the Multi-Modal Impact Fee Ordinance as part of Pinellas County’s various amendments. The County’s amendments are anticipated to be adopted on March 29, 2016, and as such Ordinance 8805-16 will be amended on second reading to update the Pinellas County ordinance number as the County does not assign ordinance numbers until after adoption. In addition to the above, staff is also proposing the following: • Coastal Management Element: Add development and redevelopment strategies and policies to help reduce the risk of flood for coastal properties; • Capital Improvements Element: Reflect updated data for level of service standards; update the Capital Improvement Program Revenue Page 7 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Summary and the Capital Improvement Program Expenditure Summary • Future Land Use Element: Update outdated language; add new policy regarding non-contiguous Type A Enclave annexations; and • Minor formatting changes to bring consistency between all of the Elements. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on December 15, 2015 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in April. In response to questions, Planner Kyle Brotherton said the Community Development Board approved the proposed amendments by consent. Planning and Development Director Michael Delk said the non-contiguous annexations are located in Type A enclaves, which are completely surrounded by a single city. The amendments allow the City to annex properties in Type A enclaves that need city services. Vice Mayor Polglaze moved to approve amendments to the Clearwater Comprehensive Plan Future Land Use, Transportation, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements goals, objectives and policies regarding numerous provisions, including: repealing transportation concurrency and establishing a new Mobility Management System; allowing for non-contiguous annexations; encouraging strategies to reduce flood risk in coastal areas; and updating the Capital Improvements Revenue and Expenditures Summaries, consistent with State Statutes. Ordinance 8805-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8805-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 8.3 Approve an amendment to the Clearwater Code of Ordinances renaming Transportation Impact Fee to Multi-Modal Impact Fee in Appendix A - Schedule of Fees; amending the Clearwater Community Development Code by repealing Page 8 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 proportionate fair-share and establishing a new mobility management system and a multi-modal impact fee; amending review criteria; providing for and modifying various definitions; and replacing various City Commission references with City Council; and pass Ordinance 8806-16 on first reading. (TA2015-10006) The 2011 Community Planning Act repealed certain concurrency requirements, including transportation concurrency. To address this change in state statutes, the Pinellas County Metropolitan Planning Organization (MPO) created the Pinellas County Mobility Plan, which was endorsed by the MPO on September 11, 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The Pinellas County Board of County Commissioners approved on first reading amendments to the County’s land development regulations in October 2014, with the adoption of their amendments anticipated to occur on March 29, 2016. Substantial amendments are proposed within the Concurrency Management provisions of the Community Development Code (Article 4, Division 9) to be consistent with the 2011 Act and the County’s approach. Section 4-904, Proportionate Fair-Share Program is proposed to be repealed and replaced with a newly created Mobility Management System intended to be more flexible and focused on facilitating multi-modal transportation solutions. A new Section 4-905 is proposed to establish the multi-modal impact fee consistent with the County’s ordinance, which was renamed from the transportation impact fee. This fee provides for a tiered project review approach, where proposed projects that create a large number of new peak hour trips will have to provide a traffic study and/or a transportation management plan, whereas smaller scale projects that create fewer new peak hour trips will only have to pay the multi-modal impact fee. In addition to the above, staff is also proposing the following: • Code of Ordinances, Appendix A: Change the name of Transportation Impact Fee to Multi-modal Impact Fee and update the reference ordinance; • Community Development Code Division 6: Revise review procedures relating to public facility impacts for Zoning Atlas amendments consistent with the mobility management system and change “City Commission” to “City Council” throughout ; and • Community Development Code Article 8: Update definitions to reflect the proposed Mobility Management System. The Planning and Development Department has determined that the proposed text amendment to the Code of Ordinances and the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) unanimously approved the proposed amendment at its regularly scheduled meeting on December 15, 2015. Second reading of proposed Ordinance 8806-16 will need to be delayed until after the county ordinance is adopted to incorporate the Page 9 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Pinellas County ordinance number, as the County does not provide an ordinance number until adoption. Councilmember Jonson moved to approve an amendment to the Clearwater Code of Ordinances renaming Transportation Impact Fee to Multi-Modal Impact Fee in Appendix A - Schedule of Fees; amending the Clearwater Community Development Code by repealing proportionate fair-share and establishing a new mobility management system and a multi-modal impact fee; amending review criteria; providing for and modifying various definitions; and replacing various City Commission references with City Council. The motion was duly seconded and carried unanimously. Ordinance 8806-16 was presented and read by title only. Councilmember Hock-DiPolito moved to pass Ordinance 8806-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9. City Manager Reports 9.1 Provide direction regarding scheduling special council meetings as listed. 1) Plan a Strategic Planning Session Per City Council Policy M, the City Council shall meet in a “strategic planning session to review the five-year financial forecast and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year.” Staff is recommending the following potential meeting dates/times: Monday, April 11 1 p.m. - 5 p.m. Friday, April 22 1 p.m. - 5 p.m. 2) Budget Hearing The City’s first budget hearing is scheduled for September 15, 2016. The County’s second budget hearing will be held on Tuesday, September 27. Page 10 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Staff is recommending a special council meeting on September 29, 2016 at 6:00 p.m. for the second budget hearing. 3) July Work Session Council has scheduled a trip to Philadelphia to meet with the Phillies and the Philadelphia Union from July 15 through July 18. Staff is recommending that the July 18 work session be cancelled. Council has scheduled a council meeting that week on Thursday, July 21. In response to questions, Assistant City Manager Jill Silverboard said council policy requires staff to provide Council with the five-year financial forecast. In addition, staff anticipates discussing the latest water and sewer rate study and a general fund revenue analysis. Staff is working off the strategic mission and vision provided by Council in October. Discussion ensued regarding amending the vision or mission statements at the Strategic Planning Session. There was consensus for staff to proceed with the Session as outlined. There was consensus to schedule a special council for the Strategic Planning Session on Monday, April 11, 2016 from 1:00 p.m. through 5:00 p.m., a special council meeting for the second budget hearing on September 29, 2016 at 6:00 p.m., and cancel the Monday, July 18, 2016 work session. 9.2 Appoint one member to the Community Development Board with a term to expire February 28, 2020. APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Brian A. Barker MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and Page 11 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Richard Adelson - 2670 Red Oak Court, 33761 - Architect Original Appointment: 2/7/08 (1 absence in the last year) Interested in Reappointment : Yes (2nd term expires 2/28/16) THE FOLLOWING CITIZENS WISH TO REMAIN ON THE LIST FOR CONSIDERATION TO SERVE ON THIS BOARD: 1. Sheila Cole - 670 Island Way #600, 33767 - Marketing & Graphics 2. Darrell Michael Flanery - 1836 Venetian Point Dr., 33755 - Engineer - Civil/Environmental 3. Jason Gibertoni - 430 E. Shore Drive Apt 4, 33767 - Shuttle Operator 4. David L. Jaye - 2856 Shady Oak Court, 33761 - Real Estate (Currently serving on the Brownfields) 5. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist Zip codes of current members: 1 at 33759 1 at 33761 1 at 33763 2 at 33764 3 at 33767 Current Categories: 1 Architect 2 Attorneys 1 Building Contractor 1 Civil Engineer 2 Real Estate Broker 1 Landscape Architect Councilmember Jonson moved to appoint Michael Flanery to the Community Development Board with a term to expire February 28, 2020. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze Page 12 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 9.3 Jolley Trolley and Clearwater Ferry - Beach Transit At the February 12, 2016 council meeting, Council directed staff to meet with the Clearwater Regional Chamber of Commerce, Jolley Trolley (Trolley), and the Clearwater Ferry (Ferry) regarding beach transit during the 2016 Spring Break period. Staff will review recommendations discussed during the meeting. The City Manager said Assistant City Manager Jill Silverboard and the City Attorney met with the providers based on the Clearwater Regional Chamber of Commerce transportation proposal for the 2016 Spring Break season. In response to questions, Ms. Silverboard said a modified schedule with the Jolley Trolley summer pilot program was not discussed except for holidays but staff could approach them to discuss a later cut off time. Discussion ensued with concerns expressed regarding the proposed weekly schedule for the summer program; a Friday through Sunday schedule would be more valuable including the Monday of a holiday weekend. There was consensus to change the word “subsidy” to “purchase of services” in the agreements. Jolley Trolley Executive Director Rosemary Windsor said there would not be an issue with extending the hours of service and adjustments can be made to phase trolleys in and out of the rotation depending on ridership demand. She said the Trolley is flexible concerning which parking lots are on the loop. Councilmember Hamilton moved to approve a contract with Jolley Trolley for a looper summer pilot program, Friday through Sunday and any holiday Monday, 10:00 a.m. through 12:00 a.m. The motion was duly seconded and carried unanimously. Ms. Windsor commented that they would work on their App to include the location of the looper Trolleys. Council recessed from 8:04 p.m. through 8:10 p.m. In response to questions, Ms. Silverboard said staff has not approached Clearwater Ferry regarding extended hours or a weekend only service. Staff has not approached the Metropolitan Planning Organization regarding funding sources. The City Attorney said the Ferry would be available for spring break as well as the summer pilot program. Page 13 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 Clearwater Ferry Owner Trisha Rodriguez said they would operate during the same hours they do currently, with the partnership program hours running from 10:00 a.m. through 8:00 p.m. The Ferry would have signage and information available so patrons would fully understand the partnership program. The rider would pay $2.00, and the City would be invoiced per rider during the 10:00 a.m. through 8:00 p.m. timeframe. Councilmember Hamilton moved to approve a spring break contract with Clearwater Ferry to purchase capacity 7 days a week, 10:00 a.m. through 8:00 p.m. The motion was duly seconded and carried unanimously. Discussion ensued regarding a summer pilot program contract. There was consensus to delay a motion on such a contract until after the spring break season. Staff was directed to provide March Ferry ridership numbers at the first worksession in April. 10. City Attorney Reports 10.1 Direct staff to request the Metropolitan Planning Organization to prioritize funds to update the evaluation of the transit alternatives study from 2010 to address the need for enhanced multimodal access to Clearwater Beach and adopt Resolution 16-06. Councilmember Hock-DiPolito said after discussing the resolution presented at the work session with MPO staff, the following language added would address identifying public and private funding sources that will fulfill local funding source requirements; added Hillsborough Area Regional Transit, the Florida Department of Transportation and the private sector as partners; added private sector initiatives that may include elevated, cable-propelled transit, waterborne transportation and additional surface transportation solutions; and advance a preferred subsequent phases as quickly as possible. In response to questions, Councilmember Hock-DiPolito said the additional language was reviewed by MPO, PSTA, and Pinellas Planning Council representatives. The FAST (Fixing America’s Surface Transportation) Act references public private partnerships for waterborne transit and elevated transit. The additional language allows the City to have the opportunity to find all ways and means to move forward with transit on and off the beach. The requested changes will not have any impact on the cycle update. Page 14 City of Clearwater Draft City Council Meeting Minutes February 18, 2016 In response to a concern, Councilmember Hock-DiPolito said she would advise the MPO of need to update ridership estimates. Councilmember Hock-DiPolito moved to direct staff to request the Metropolitan Planning Organization to prioritize funds to update the evaluation of the transit alternatives study from 2010 to address the need for enhanced multimodal access to Clearwater Beach. The motion was duly seconded and carried unanimously. Resolution 16-06 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Resolution 16-06. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmembers Jonson and Hock-DiPolito congratulated all for being named the #1 Beach by TripAdvisor. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 8:47 p.m. Mayor City of Clearwater Attest City Clerk Page 15 City of Clearwater Draft to,•••.. r xt:, i•,1• , - • - iiti5E-=,41t:,0--E1t.,---:, !,:,' 1 ,. , • • t I 1 i - ,..-- . i,, .1 ; 3 ' 414= 4- • , ..,:;. 4 - , - - • f'24' 4- s•• •\,' "Ik-'• — -1144410ti l' • 77...,,KIs 1 11 v 22222 2 s 1 bit 404 3/2/2016 249 Windward Passage - Google Maps Go g e Maps 249 Windward Passage Imagery ©2016 Google, Map data ©2016 Google, INEGI 50 ft 249 Windward Passage Clearwater, FL 33767 c 3/2/2016 249 Windward Passage - Google Maps Go gle Maps 249 Windward Passage Imagery ©2016 Google, Map data ©2016 Google, INEGI 50 ft Google Maps Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2163 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2166 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 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 3/3/2016 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2176 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.3 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 3/3/2016 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2178 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 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 3/3/2016 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2159 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 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 3/3/2016 File Number: ID#16-2159 N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2165 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 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 3/3/2016 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 3/3/2016 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-1 Revised 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 Attachment G-1, Page 5 of 5 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1668A 2014-2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Amendment 1 General Appropriations, Line Item 1662A 2015-2016 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Total Award $500,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2150 Agenda Date: 3/3/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.7 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 3/3/2016 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 3/3/2016 [GM12-1371-014/180441/2] FOURTH AMENDMENT TO LEASE DATED SEPTEMBER 17, 2012 BETWEEN THE CITY OF CLEARWATER, FLORIDA AND MARINA CANTINA, LLC [GM12-1371-014/180441/2] THIS FOURTH AMENDMENT 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 Fourth Amendment to Lease Agreement modifying the terms of the Lease dated September 17, 2012 to modify the terms and conditions resulting from a construction delay caused by improvements that were not initially contemplated in the Lease Agreement and to specify additional allowable uses of the leasehold to accommodate additional restaurant services. NOW, THEREFORE it is mutually agreed as follows: 1.Paragraph 4 is hereby replaced in its entirety as 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 seating referred to herein as “Marina Cantina;” (2) a full service restaurant with full liquor bar, bar service, and outside seating referred to herein as “Salt Cracker;” (3) and a pizza restaurant with outside seating referred 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 for deliveries and storage 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 in their entirety 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 10,141 square feet of interior space and 15,578 square feet 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 this lease, 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 during the span from year 2 through January 31, 2016 of the lease. ii. Pay the total sum of $194,985.00 plus tax during the span of year 2 through January 31, 2016 of the lease, which shall 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 Lessee must pay the total sum of $152,115.00 plus tax during the span of the aforementioned date through year 5 of the lease, which shall be paid in equal monthly payments of $7,605.75 plus 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 10,141 sq. 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 10,141 sq. ft. per year during years 8 through 10 of the lease, at a total sum of $532,402.50 plus tax, which shall be paid in equal monthly payments of $14,788.96 plus 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 10,141 sq. ft. per year during years 11 and 12 of the lease, at a total sum of $354,935.00 plus tax, which shall be paid in equal monthly payments of $14,788.96 plus tax through September 30, 2024. ii. Pay $20.00/sq. ft. for 10,141 sq. ft. per year during years 13 through 15 of the lease, at a total sum of $608,460.00 plus tax, which shall be paid in equal monthly payments of $16,901.67 plus 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 10,141 sq. ft. per year during years 16 and 17 of the lease, at a total sum of $405,640.00 plus tax, which shall be paid in equal monthly payments of $16,901.67 plus tax through September 30, 2029. ii. Pay $22.50/sq. ft. for 10,141 sq. ft. per year during years 18 through 20 of the lease, at a total sum of $684,517.50 plus tax, which shall be paid in equal monthly payments of $19,014.38 plus 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 10,141 sq. ft. per year during years 21 and 22 of the lease, at a total sum of $456,345.00 plus 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 10,141 sq. 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 $21,127.08 plus tax through September 30, 2037. iii. Each monthly payment shall be due and payable on first day 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 10,141 sq. ft. per year during years 26 and 27 of the lease, at a total sum of $507,050.00 plus tax, which shall be paid in equal monthly payments of $21,127.08 plus tax through September 30, 2039. ii. Pay $27.50/sq. ft. for 10,141 sq. ft. per year during years 28 through 30 of the lease, at a total sum of $836,632.50 plus tax, which shall be paid in equal monthly payments of $23,239.79 plus 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 $7,605.75 as 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.Paragraphs 15(f)(4) and (5) are hereby added to the Lease Agreement as follows: [GM12-1371-014/180441/2] . . . (4) If the Lessee shall violate any of 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 Lessor may, 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 16 is hereby amended as follows: …Lessee covenants to complete all contemplated capital improvements, as detailed in Exhibit E, as expeditiously as possible and have the restaurant Marina Cantina and Salt Cracker open by January 1 April 1, 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: 3/3/2016 Status: Consent AgendaVersion: 2 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Appoint Kevin R.T. Laughlin to the Nuisance Abatement Board with term to expire February 28, 2020. (consent) 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 Page 1 City of Clearwater Printed on 3/3/2016 File Number: ID#16-2160 7. Susan Oliveto - 100 Waverly Way #303, 33756 - English Teacher/Librarian 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 3/3/2016 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: 8821-16 Agenda Date: 3/3/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 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 3/3/2016 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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT 78356421290 2210213121912112217321722165213221102173212521172147215521352149209921671200 1276210921982152211721382123210921472155217921392185213011002107219721252106210121062195215721192125211521732191212421742149216721091110 2111 214321432161218121261105 218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 2127214321121009 2110216021214821762122220621991242184214121251231216120 1006 2116213012421402199216621601107 123 125218721182190215621401005 8 21662180219812221862142 212421182141213508 210000 21571220 1111 21331010 219221331222214821722100219104 211812822134 -Not to Scale--Not a Survey-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 ^^^BELCHER RD-Not to Scale--Not a Survey-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 BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD PLEASANT PKWY PLEASANT PKWY BELL DR BELL DR GROVE AVE (trail only)GROVE AVE (trail only)-Not to Scale--Not a Survey-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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT 78356421290 2210213121912112217321722165213221102173212521172147215521352149209921671200 1276210921982152211721382123210921472155217921392185213011002107219721252106210121062195215721192125211521732191212421742149216721091110 2111 214321432161218121261105 218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 2127214321121009 2110216021214821762122220621991242184214121251231216120 1006 2116213012421402199216621601107 123 125218721182190215621401005 8 21662180219812221862142 212421182141213508 210000 21571220 1111 21331010 219221331222214821722100219104 211812822134 -Not to Scale--Not a Survey-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 Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Alejandro and Isbelia Rios 2118 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer Drive East of the subject property West of the subject property Across 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 Drive View 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: 3/3/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 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 3/3/2016 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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT RL RL P RL RU R/OS RU WATER RU I RURU RU RU 78356421290 2210213121912112217321722165213221432173212521172135214921671200 1276210921982152211721382123210921842147215521252179213921852130110021072197212512162106210121062195215721602190211921252166217321912124217421352149216712202143 2143216121261105 2100218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 2127211021121009 211021602121472148215520992176212222062199124 2 1 4 1 123 120 1006 211621301242140219921661107 123 12521872118215621401005 8 2115 2180219812221862142 21242118214108 210000 215721091 1 1 0 2111 1111 218121331010 21922133122221482172219104 211812822134 -Not to Scale--Not a Survey-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 ^^^BELCHER RD-Not to Scale--Not a Survey-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 BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD PLEASANT PKWY PLEASANT PKWY BELL DR BELL DR GROVE AVE (trail only)GROVE AVE (trail only)-Not to Scale--Not a Survey-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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT 78356421290 2210213121912112217321722165213221102173212521172147215521352149209921671200 1276210921982152211721382123210921472155217921392185213011002107219721252106210121062195215721192125211521732191212421742149216721091110 2111 214321432161218121261105 218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 2127214321121009 2110216021214821762122220621991242184214121251231216120 1006 2116213012421402199216621601107 123 125218721182190215621401005 8 21662180219812221862142 212421182141213508 210000 21571220 1111 21331010 219221331222214821722100219104 211812822134 -Not to Scale--Not a Survey-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 Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Alejandro and Isbelia Rios 2118 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer Drive East of the subject property West of the subject property Across 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 Drive View 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: 3/3/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 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 3/3/2016 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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT LMDR P OS/R I P 78356421290 22102131219121122173217221652132214321102173212521172147215521352149209921671200 12762109219821522117213821232109218421472155212521792139218521301100210721972125121621062101210621952157216021902119212521662115217321912124217421352149216721091110 2111 1220 214321432161218121261105 2100218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 212721121009 211021602121482176212222062199124 2 1 4 1 123 120 1006 211621301242140219921661107 123 12521872118215621401005 8 2180219812221862142 21242118214108 210000 21571111 21331010 21922133122221482172219104 211812822134 -Not to Scale--Not a Survey-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 ^^^BELCHER RD-Not to Scale--Not a Survey-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 BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR DORADO PL DORADO PL WOODLEY RD WOODLEY RD PLEASANT PKWY PLEASANT PKWY BELL DR BELL DR GROVE AVE (trail only)GROVE AVE (trail only)-Not to Scale--Not a Survey-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 60606 0 50 4 3 4 5 6 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 2 3 4 50 801001 2 3 4 201 60 60 50 6060 606060 60 60 50 80 6072144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 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 BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL WOODLEY RD BELL DR PLEASANT PKWY UNI VERSI T Y CT 78356421290 2210213121912112217321722165213221102173212521172147215521352149209921671200 1276210921982152211721382123210921472155217921392185213011002107219721252106210121062195215721192125211521732191212421742149216721091110 2111 214321432161218121261105 218721171250 2195217821852091213021912188121 2154216404 08 120 219221811101 2127214321121009 2110216021214821762122220621991242184214121251231216120 1006 2116213012421402199216621601107 123 125218721182190215621401005 8 21662180219812221862142 212421182141213508 210000 21571220 1111 21331010 219221331222214821722100219104 211812822134 -Not to Scale--Not a Survey-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 Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Alejandro and Isbelia Rios 2118 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2142 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-12034 Diana Gloria Mendez 2142 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2166 Bell Cheer Drive East of the subject property West of the subject property Across 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 Drive View looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2174 Agenda Date: 3/3/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 9.1 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. 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 3/3/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2148 Agenda Date: 3/3/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.2 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 3/3/2016 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 3/3/2016 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 3/3/2016 Page 1 of 2 QUALIFIED TARGET INDUSTRY TAX 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 RESOLVED BY 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 locate in the City of Clearwater, Florida; and WHEREAS, Project Atlas has been identified as a Target Industry Business; and WHEREAS, Project Atlas plans 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; and WHEREAS, City of Clearwater hereby acknowledges that local financial support of 20% of the total tax refund of $60,000 is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program (QTI); and WHEREAS, Pinellas County has agreed to participate in the provision of local financial support by committing $6,000,which is 10% of the total required 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, Florida has determined the basis of this project’s average private sector wage commitment calculation shall be 115%of the statewide average annual wage effective January 1, 2015. Page 2 of 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 is 10% of the total required QTI local financial support, and that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with 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 ADOPTED BY 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: 3/3/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.3 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 3/3/2016 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 3/3/2016 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 3/3/2016 Page 1 of 2 QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM WITH CASH LOCAL FINANCIAL SUPPORT PROVIDED BY TWO OR MORE LOCAL ENTITIES RESOLUTION NUMBER 16-01 A RESOLUTION BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, RECOMMENDING PROJECT 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 RESOLVED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL,as follows: WHEREAS, the business under consideration is an international headquarters and manufacturing business, specifically, Project Sweetooth;and WHEREAS, Project Sweetooth is located in the City of Clearwater, Florida; and WHEREAS, Project Sweetooth has been identified as a Target Industry Business; and WHEREAS, Project Sweetooth plans 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; and WHEREAS, CITY OF CLEARWATER hereby acknowledges that local financial support of 20% of the total tax refund of $60,000 is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program; and WHEREAS, PINELLAS COUNTY has agreed to participate in the provision of local financial support by committing $6,000,which is 10 percent of the total required 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 calculation shall be 115%of the statewide average annual wage effective January 1, 2015. Page 2 of 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, and that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with 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 ADOPTED BY 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#16-2164 Agenda Date: 3/3/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.4 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 3/3/2016 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 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 a period of ten (10) tax years (the “Exemption Period”), commencing with Tax Year 2016 through Tax Year 2025. 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 29.207 of the Code throughout the Exemption Period as well as the Business Maintenance and Continued Performance provision of the Company Application. Should the Company fail to comply with Section 29.207 of the Code or the Business Maintenance and Continued Performance provision of the Company Application, the Council may revoke the Instrument Transformers Ad Valorem Tax Exemption and recover any taxes exempted during the Exemption Period pursuant to Section 29.208 of 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 upon adoption. 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: 8845-16 Agenda Date: 3/3/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.5 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 3/3/2016 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 twenty years 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: ID#16-2212 Agenda Date: 3/3/2016 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Ratify and confirm the agreement between Clearwater Ferry Services, Inc. (FERRY) and the City of Clearwater to reimburse the FERRY at $1.00 for each one-way ticket sold from 10 a.m. to 8 p.m. during the period of March 1, 2016 through April 30, 2016 for a cost not to exceed $79,300 and authorize the appropriate officials to execute same. SUMMARY: To help reduce congestion on State Road 60, this agreement will provide an incentive to utilize the FERRY to access Clearwater Beach. For the period of March 1, 2016 through April 30, 2016, the City will reimburse the FERRY at $1.00 per one-way ticket during the hours of 10 a.m. to 8 p.m. The cost to the City for this reimbursement shall not exceed $79,300. The FERRY shall submit invoices weekly for approval . APPROPRIATION CODE AND AMOUNT: 03181-98604-548000-549-000-0000 $79,300 A first quarter budget amendment will establish a Special Program in 0181-98604, 2016 Clearwater Ferry, in the amount of $79,300. Page 1 City of Clearwater Printed on 3/3/2016 2016 Route Schedule - Eective March 1st 2016 Oce: 727-755-0297 www.ClearwaterFerry.com 5 Windsormere Way | Suite 100 | Oviedo, Florida 32765 Toll Free: 800.782.0402 | Tel: 407.359.6363 | Fax: 407.359.3535 Web: www.muins.com | Email: info@muins.com Policy of Insurance Assured: Clearwater Ferry Services, Inc. Address: 415 Laughing Gull Lane Palm Harbor, FL 34683 Vessel: 2005 40’ F/G/G C/V “Maddie’s Crossing” Policy No.: MY0864 THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. SURPLUS LINES INSURERS’ POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY Countersigned By: Florida Surplus Lines Agent Surplus Lines Agent: Brian A. Raby License No.: A213865 Address: 5 Windsormere Way; Ste 100 Oviedo, Florida 32765 Producing Agent: Casey Insurance Group, Inc. Address: 151 North Nob Hill Rd. #269 Plantation, FL 33324 To Be Reported: 1st Qtr 2015 Premium: $3,790.00 Tax: EXEMPT Florida Policy Fee: $25.00 FSLSO Service Fee: $6.68 5 Windsormere Way | Suite 100 | Oviedo, Florida 32765 Toll Free: 800.782.0402 | Tel: 407.359.6363 | Fax: 407.359.3535 Web: www.muins.com | Email: info@muins.com Policy of Insurance In consideration of the premium as hereinafter stated, the company named herein do hereby insure the assured named herein, for the amounts and proportions. All subject to the terms and conditions of the forms and endorsements attached herein: Policy Number: MY0864 Effective Date: March 13th 2015, Noon, L.S.T. Expiring Date: March 13th 2016, Noon, L.S.T. Assured: Clearwater Ferry Services, Inc. Address: 415 Laughing Gull Lane Palm Harbor, FL 34683 For Account of: Themselves Loss, If Any, Payable To: Named Assured Vessel Description: 2005 40’ F/G/G C/V “Maddie’s Crossing” In witness whereof, the companies hereinafter named have caused this policy to be issued and signed by a duly authorized officer, attorney, or agent at Marine Underwriters. Signed: Brent McIver – Manager Marine Underwriters Date of Issuance: March 29, 2015 5 Windsormere Way | Suite 100 | Oviedo, Florida 32765 Toll Free: 800.782.0402 | Tel: 407.359.6363 | Fax: 407.359.3535 Web: www.muins.com | Email: info@muins.com Clearwater Ferry Services, Inc. Policy No. MY0864 COVERAGES A MOUNT INSURED DEDUCTIBLE(S) PREMIUM SUNDERLAND MARINE INSURANCE CO. LTD. Hull & Machinery ACV Engine Clause $70,000.00 $1,400.00 $1,225.00 Protection & Indemnity (P & I) $500,000.00 A.O.A./OCC C.S.L. $500.00 $2,540.00 Medical Payments $10,000.00 N/A $25.00 Personal Effects $1,000.00 $100.00 Included Sub Total $3,790.00 Florida Policy Fee $25.00 Florida Surplus Lines Fees $6.68 *CANCELLING RETURNS ONLY * Annual Premium: $ 3,821.68 5 Windsormere Way | Suite 100 | Oviedo, Florida 32765 Toll Free: 800.782.0402 | Tel: 407.359.6363 | Fax: 407.359.3535 Web: www.muins.com | Email: info@muins.com T ERMS AND C ONDITIONS Description of Coverages Provided: Hull & Machinery subject American Institute Hull Clauses (June 2, 1977), Charter Vessel Clauses (H&M), American Institute S.R. & C.C. Endorsement, and Personal Effects Endorsement. Protection & Indemnity subject to SP-23 Form, Charter Vessel Clauses (P&I), American Institute Pollution Exclusion and Buy Back Endorsement A, Commercial Towing and Assistance Endorsement, and Medical Payment Endorsement. Coverage to include third party liability, two (2) fulltime crewmen, and a maximum of forty (40) passengers. Subject to Parent Company Guarantee, Charter Vessel Clauses- General Terms and Conditions, Sanctions Limitation and Exclusion Endorsement, and Exclusion Certified Acts of Terrorism. Annual premium payable in bi-annual installments per the attached premium payment schedule. NAVIGATION LIMITS: Warranted confined to the inland and coastal navigable waters of Florida; not to exceed five (5) miles offshore. Excluding absolutely the territorial waters of Cuba. Clearwater Ferry Services, Inc. Vessel Coverage 3/13/2015 9/13/2015 Total Premium 1st Installment 2nd Installment "Maddie's Crossing"Hull & Machinery $612.50 $612.50 $1,225.00 Protection & Indem.$1,270.00 $1,270.00 $2,540.00 Medical Payments $12.50 $12.50 $25.00 Policy Fee $25.00 $25.00 FSLSO Fee $6.68 $6.68 Total Premium Due:$1,926.68 $1,895.00 $3,821.68 ATTACHED TO AND FORMING A PART OF POLICY NO. MY0864 OF SUNDERLAND MARINE INSURANCE COMPANY LIMITED ISSUED TO: Clearwater Ferry Services, Inc. Premium Payment Schedule 1 AMERICAN INSTITUTE HULL CLAUSES (June 2, 1977) To be attached to and form a part of Policy No. SEE DECLARATION PAGE of the SUNDERLAND MARINE INSURANCE COMPANY LIMITED. The terms and conditions of the following clauses are to be regarded as substituted for those of the policy form to which they are attached, the latter being hereby waived, except provisions required by law to be inserted in the Policy. All captions are inserted only for purpose of reference and shall not be used to interpret the clauses to which they apply. ASSURED This Policy insures SEE DECLARATION PAGE hereinafter referred to as the Assured. If claim is made under this Policy by anyone other than the owner of the Vessel, such person shall not be entitled to recover to a greater extent than would the owner, had claim been made by the owner as an Assured named in this policy. Underwriters waive any right of subrogation against affiliated, subsidiary or interrelated companies of the Assured, provided that such waiver shall not apply in the event of a collision between the Vessel and any vessel owned, demise chartered or otherwise controlled by any of the aforesaid companies, or with respect to any loss, damage or expense against which such companies are insured. LOSS PAYEE Loss, if any, payable to NAMED ASSURED or order. Provided, however, Underwriters shall pay claims to others as set forth in the Collision Liability clause and may make direct payment to persons providing security for the release of the Vessel in Salvage cases. VESSEL The subject matter of this insurance Is the Vessel called the SEE DECLARATION PAGE or by whatsoever name or names the said Vessel shall be called, which for the purposes of this insurance shall consist of and be limited to her hull, launches, lifeboats, rafts, furniture, bunkers, stores, supplies, tackle, fittings, equipment, apparatus, machinery, boilers, refrigerating machinery, insulation, motor generators and other electrical machinery. In the event any equipment or apparatus not owned by the Assured is installed for use on board the Vessel and the Assured has assumed responsibility therefor, it shall also be considered part of the subject matter and the aggregate value thereof shall be included in the Agreed Value. Notwithstanding the foregoing, cargo containers, barges and lighters shall not be considered a part of the subject matter of this insurance. DURATION OF RISK From the SEE DECLARATION PAGE To the SEE DECLARATION PAGE Should the Vessel at the expiration of this Policy be at sea, or in distress, or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination. In the event of payment by the Underwriters for Total Loss of the Vessel this Policy shall thereupon automatically terminate. AGREED VALUE The vessel, for so much as concerns the Assured, by agreement between the Assured and the Underwriters in this Policy, is and shall be valued at 2 AMOUNT INSURED HEREUNDER SEE DECLARATION PAGE DEDUCTIBLE Notwithstanding anything in this Policy to the contrary, there shall be deducted from the aggregate of all claims (including claims under the Sue and labor clause and claims under the Collision Liability clause, arising out of each separate accident, the sum of $SEE DECLARATION PAGE Unless the accident results in a Total Loss of the Vessel in which case this clause shall not apply PREMIUM The underwriters to be paid in consideration of this $SEE DECLARATION PAGE being at the rate of As Agreed per cent, which premium shall be due on attachment. If the Vessel is insured under this Policy for a period of less than one year at the pro rata of the annual rate, full premium shall be considered earned and immediately due and payable in the event of Total Loss and/or Constructive Total Loss of the Vessel. NON-PAYMENT OF PREMIUM In event of non-payment of premium 30 days after attachment or of any additional premium when due, this Policy may be cancelled by the Underwriters upon 10 days written or telegraphic notice sent to the Assured at his last known address or in the care of the broker who negotiated this policy. Such proportion of the premium, however, as shall have been earned up to the time of cancellation shall be payable. In the event of Total Loss and/or Constructive Total Loss of the Vessel occurring prior to any cancellation or termination of this Policy full premium shall be considered earned. ADVENTURE Beginning the adventure upon the Vessel, as above, and so shall continue and endure during the period aforesaid, as employment may offer, in port or at sea, in docks and graving docks, and on ways, gridirons and pontoons, at all times, in all places, and on all occasions, services and trades, with leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but the Vessel may not be towed, except as is customary or when in need of assistance, nor shall the Vessel render assistance or undertake towage or salvage services under contract previously arranged by the Assured, the Owners, the Managers or the Charterers of the Vessel, nor shall the Vessel, in the course of trading operations, engage in loading or discharging cargo at sea, from or onto another vessel other than a barge. lighter or similar craft used principally in harbors or inland waters. The phrase "engage in loading or discharging cargo at sea" shall include while approaching, leaving or alongside, or while another vessel is approaching, leaving or alongside the Vessel. The Vessel is held covered in case of any breach of conditions as to cargo, trade, locality, towage or salvage activities, or date of sailing, or loading or discharging cargo at sea, provided (a) notice is given to the Underwriters immediately following receipt of knowledge thereof by the Assured, and (b) any amended terms of cover and any additional premium required by the Underwriters are agreed to by the Assured. PERILS Touching the adventures and perils which the Underwriters are contented to bear and take upon themselves, they are of the Seas, men-of-war, fire, lightning, earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, Surprises, Taking at Sea, Arrests, Restraints and Detainment’s of all Kings, Princes, Peoples, of what nation, condition or quality so ever, Barratry of the Master and Mariners and of all other like Perils, Losses and Misfortunes that have or shall come to the Hurt, Detriment or Damage of the Vessel, or any part thereof, excepting, however, such of the foregoing perils as may be excluded by provisions elsewhere in the Policy or by endorsement thereon. 3 ADDITIONAL PERILS (INCHMAREE) Subject to the conditions of this Policy, this insurance also covers loss of or damage to the Vessel directly caused by the following: Accidents in loading, discharging or handling cargo, or in bunkering; Accidents in going on or off, or while on drydocks, graving docks, ways, gridirons or pontoons; Explosions on shipboard or elsewhere; Breakdown of motor generators or other electrical machinery and electrical connections thereto, bursting of boilers, breakage of shafts, or any latent defect in the machinery or hull, (excluding the cost and expense of replacing or repairing the defective part); Breakdown of or accidents to nuclear installations or reactors not on board the vessel named herein; Contact with aircraft, rockets or similar missiles, or with any land conveyance; Negligence of charterers and/or repairers, provided such charterers and/or repairers are not an Assured hereunder; Negligence of Masters, Officers, Crew or pilots; Provided such loss or damage has not resulted from want of due diligence by the Assured, the Owners or Managers of the Vessel, or any of them. Masters, Officers, Crew or pilots are not to be considered Owners within the meaning of this clause should the hold shares in the Vessel. DELIBERATE DAMAGE (Pollution Hazard) Subject to the terms and conditions of this Policy, this insurance also covers loss of or damage to the Vessel directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this Policy, provided such act of government authorities has not resulted from want of due diligence by the Assured, the owners or managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Masters, Officers, Crew or Pilots are not to be considered Owners within the meaning of this clause should they hold shares in the Vessel. CLAIMS (GENERAL PROVISIONS) In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the Underwriters promptly after the date on which the Assured, Owners, or Managers become or should have become aware of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire. GENERAL AVERAGE AND SALVAGE General average and salvage shall be payable as provided in the contract of a freightment, or failing such provision or there be no contract of afreightment, payable at the Assured's election either in accordance with the York-Antwerp Rules, 1950 or 1974 or with the laws and usage’s of the Port of New York. Provided always that when an adjustment according to the laws and usage’s of the port of destination is properly demanded by the owners of the cargo, General Average shall be paid accordingly. In the event of salvage, towage or other assistance being rendered to the Vessel by any vessel belonging in whole or in part to the same Owners or Charterers, the value of such services (without regard to the common ownership or control of the vessels) shall be ascertained by arbitration in the manner provided for under the Collision Liability clause in this Policy, and the amount so awarded so far as applicable to the interest hereby insured shall constitute a charge under this Policy. When the contributory value of the Vessel is greater than the Agreed Value herein the liability of the Underwriters for General Average contribution (except in respect to amounts made good to the Vessel), or Salvage shall not exceed that proportion of the total contribution due from the Vessel which the amount insured hereunder bears to the contributory value; and if because of damage for which the Underwriters are liable as Particular Average, the value of the vessel has been reduced for the purpose of contribution, the amount of such Particular Average damage recoverable under this policy shall first be deducted from the amount insured hereunder, and the Underwriters shall then be liable only for the proportion which such net amount bears to the contributory value. 4 TOTAL LOSS In ascertaining whether the Vessel is a constructive Total Loss the Agreed Value shall be taken as the repaired value and nothing in respect of the damaged or break up value of the Vessel or wreck shall be taken into account. There shall be no recovery for a constructive total loss hereunder unless the expense of recovering and repairing the Vessel would exceed the Agreed Value. In making this determination, only expenses incurred or to be incurred by reason of a single accident or a sequence of damages arising from the same accident shall be taken into account, but expenses incurred prior to the tender of abandonment shall not be considered if such are to be claimed separately under the Sue and labor clause. In the event of Total Loss (actual or constructive), no claim to be made by the Underwriters for freight, whether notice of abandonment has been given or not. In no case shall the Underwriters be liable for unrepaired damage in addition to a subsequent Total Loss sustained during the period covered by this Policy. SUE AND LABOR And in case of any Loss or Misfortune it shall be lawful and necessary for the Assured, their Factors, Servants and Assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the Vessel, or any part thereof, without prejudice to this insurance, to the charges whereof the Underwriters will contribute their proportion as provided below. And it is expressly declared and agreed that no acts of the Underwriters or Assured in recovering, saving or preserving the Vessel shall be considered as a waiver or acceptance of abandonment. In the event of expenditure under the Sue and Labor clause, the Underwriters shall pay the proportion of such expenses that the amount insured hereunder bears to the Agreed Value, or that the amount insured hereunder (less loss and or damage payable under this Policy) bears to the actual value of the salved property; whichever proportion shall be less; provided always that their liability for such expenses shall not exceed their proportionate part of the Agreed Value. If claim for Total Loss is admitted under this Policy and sue and labor expenses have been reasonably incurred in excess of any proceeds realized or value recovered, the amount payable under this policy will be the proportion of such excess that the Amount Insured hereunder (without deduction for loss or damage) bears to the Agreed Value or to the sound value of the Vessel at the time of the accident, whichever value was greater; provided always that Underwriters' liability for such expenses shall not exceed their proportionate part of the Agreed Value. The foregoing shall also apply to expenses reasonably incurred in salving or attempting to salve the Vessel and other property to the extent that such expenses shall be regarded as having been incurred in respect of the Vessel. COLLISION LIABILITY And it is further agreed that: (a) if the vessel shall come into collision with any other ship or vessel, and the Assured or the Surety in consequence of the Vessel being at fault shall become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of such collision, the Underwriters will pay the Assured or the Surety, whichever shall have paid, such proportion of such sum or sums so paid as their respective subscriptions hereto bear to the Agreed Value; provided always that their liability in respect to any one such collision shall not exceed their proportionate part of the Agreed Value. (b) in cases where, with the consent in writing of a majority (in amount) of Hull Underwriters, the liability of the Vessel has been contested, or proceedings have been taken to limit liability, the Underwriters will also pay a like proportion of the costs which the Assured shall thereby incur or be compelled to pay. When both vessels are to blame, then, unless the liability of the owners or charterers of one or both such vessels becomes limited by law, claims under the Collision Liability clause shall be settled on the principle of Cross-Liabilities as if the owners or charterers of each vessel had been compelled to pay to the owners or charterers of the other such vessels such one- half or other proportion of the latter's damages as may have been properly allowed in ascertaining the balance or the sum payable by or to the Assured in consequence of such collision. The principles involved in this clause shall apply to the case where both vessels are the property, in part or in whole, of the same owners or charterers, all questions of responsibility and amount of liability as between the two vessels being left to the 5 decision of a single arbitrator, if the parties can agree upon a single arbitrator, or failing such agreement, to the decision of Arbitrators, one to be appointed by the Assured and one to be appointed by the majority (in amount) of Hull Underwriters interested; the two Arbitrators chosen to choose a third arbitrator before entering upon the reference, and the decision of such single Arbitrator, or of any two of such three Arbitrators, appointed as above, to be final and binding. Provided always that this clause shall in no case extend to any sum which the Assured or the Surety may become liable to pay or shall pay in consequence of, or with respect to: (a) removal or disposal of obstructions, wrecks or their cargoes under statutory powers or otherwise pursuant to law; (b) injury to real or personal property of every description; (c) the discharge, spillage, emission or leakage of oil, petroleum products, chemicals or other substances of any kind or description whatsoever; (d) cargo or other property on or the engagements of the Vessel; (e) loss of life, personal injury or illness, Provided further that exclusions (b) and 8 above shall not apply to injury to other vessels or property thereon except to the extent that such injury arises out of any action taken to avoid, minimize or remove any discharge, spillage, emission or leakage described in 8 above. PILOTAGE AND TOWAGE This insurance shall not be prejudiced by reason of any contract limiting in whole or in part the liability of pilots, tugs, towboats, or their owners when the Assured or the agent of the Assured accepts such contracts in accordance with established local practice. Where in accordance with such practice, pilotage or towage services are provided under contracts requiring the Assured or the agent of the Assured: (a) to assume liability for damage resulting from collision of the Vessel insured with any other ship or vessel, including the towing vessel, or (b) to indemnify those providing the pilotage or towage services against loss or liability for such damages, It is agreed that amounts paid by the Assured or Surety pursuant to such assumed obligations shall be deemed payments "by way of damages to any other person or persons" and to have been paid "in consequence of the Vessel being at fault" within the meaning of the Collision Liability clause in this Policy to the extent that such payments would have been covered if the Vessel had been legally responsible in the absence of any agreement. Provided always that in no event shall the aggregate amount of liability of the Underwriters under the Collision Liability clause, including this clause, be greater than the amount of any statutory limitation of liability to which owners are entitled or would be entitled if liability under any contractual obligation referred to in this clause were included among the liabilities subject to such statutory limitations. CHANGE OF OWNERSHIP In the event of any change, voluntary or otherwise, in the ownership or flag of the Vessel, or if the Vessel be placed under new management, or be chartered on a bareboat basis or requisitioned on that basis, or if the Classification Society of the Vessel or her class therein be changed, canceled or withdrawn, then, unless the Underwriters agree thereto in writing, this Policy shall automatically terminate at the time of such change of ownership, flag, management, charter, requisition or classification; provided, however, that: (a) if the Vessel has cargo on board and has already sailed from her loading port, or is at sea in ballast, such automatic termination shall, if required, be deferred until arrival at final port of discharge if with cargo, or at port of destination if in ballast; (b) in the event of an involuntary temporary transfer by requisition or otherwise, without prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such transfer. This insurance shall not inure to the benefit of any transferee or charterers of the Vessel, and, if a loss payable hereunder should occur between the time of change or transfer and any deferred automatic termination, the Underwriters shall be subrogated to all the rights of the Assured against the transferee or charterers in respect of all or part of such loss as is 6 recoverable from the transferee or charterers, and in the proportion which the amount insured hereunder bears to the Agreed Value. The term "new management" as used above refers only to the transfer of the management of the Vessel from one firm or corporation to another, and it shall not apply to any internal changes within the offices of the Assured. ADDITIONAL INSURANCES It is a condition of this insurance that no additional insurance against the Total Loss of the Vessel shall be effected to op erate during the currency of this Policy by or for the account of the Assured, Owners, Managers, Operators or Mortgagees except on the interests and up to the amounts enumerated in the following Sections (a) to (g) inclusive, and no such insurance shall be subject to P.P.I., F.I.A. or other like term on any interests whatever excepting those enumerated in Section (a); provided always and notwithstanding the limitation on recovery in the Assured clause a breach of this condition shall not afford the Underwriters any defense to a claim by a Mortgagee who has accepted this Policy without knowledge of such breach: (a) DISBURSEMENTS, MANAGERS' COMMISSIONS, PROFITS OR EXCESS OR INCREASED VALUE OF HULL AND MACHINERY AND/OR SIMILAR INTERESTS HOWEVER DESCRIBED, AND FREIGHT (INCLUDING CHARTERED FREIGHT OR ANTICIPATED FREIGHT) INSURED FOR TIME. An amount not exceeding 25% of the Agreed Value. (b) FREIGHT OR HIRE, UNDER CONTRACTS FOR VOYAGE. An amount not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the amount shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any amount permitted under this section shall be reduced, as the freight or hire is earned, by the amount so earned. Any freight or hire to be earned under the form of Charters described in (d) below shall not be permitted under this Section (b) if any part thereof is insured as permitted under said Section (d). (c) ANTICIPATED FREIGHT IF THE VESSEL SAILS IN BALLAST AND NOT UNDER CHARTER. An amount not exceeding the anticipated gross freight on next cargo passage, such amount to be reasonably estimated on the basis of the current rate of freight at time of insurance, plus the charges of insurance. Provided, however, that no insurance shall be permitted by this Section if any insurance is effected as permitted under Section (b). (d) TIME CHARTER HIRE OR CHARTER HIRE FOR SERIES OF VOYAGES. An amount not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any amount permitted under this Section shall be reduced as the hire is earned under the charter by 50% of the gross amount so earned, but where the charter is for a period exceeding 18 months, the amount insured need not be reduced while it does not exceed 50 % of the gross hire still to be earned under the charter. An insurance permitted by this section may begin on the signing of the charter. (e) PREMIUMS. An amount not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured as permitted under the foregoing sections but including, if required, the premium or estimated calls on any Protection and Indemnity or War Risks and Strikes insurance) reducing pro rata monthly. (f) RETURNS OF PREMIUM. An amount not exceeding the actual returns which are recoverable subject to "and arrival" or equivalent provision under any policy of insurance. (g) INSURANCE IRRESPECTIVE OF AMOUNT AGAINST:- Risks excluded by War, Strikes and Related Exclusions clause; risks enumerated in the Institute War Risks and Strikes clauses; and General Average and Salvage Disbursements. WAR, STRIKES AND RELATED EXCLUSIONS The following conditions shall be paramount and shall supersede and nullify any contrary provisions in the Policy. This Policy does not cover any loss, damage, or expense caused by, resulting from, or incurred as consequence of: (a) Capture, seizure, arrest, restraint or detainment, or any attempt thereat; or 7 (b) Any taking of the Vessel, by requisition or otherwise, whether in time of peace or war and whether lawful or otherwise; or (c) Any mine, bomb or torpedo not carried as cargo on board the Vessel; or (d) Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (e) Civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy: or (f) Strikes, lockouts, political or labor disturbances, civil commotions, riots, martial law, military or usurped power; or (g) Malicious acts or vandalism, unless committed by the Master or Mariners and not excluded elsewhere under this War Strikes and Related Exclusions clause; or (h) Hostilities or warlike operations (whether there be a declaration of war or not) but this subparagraph (h) not to exclude collision or contact with aircraft, rockets or similar missiles, or with any fixed or floating object, or stranding, heavy weather, fire or explosion unless caused directly by a hostile act by or against a belligerent power which act is independent of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing. As used herein, "power" includes any authority maintaining naval, military or air force in association with a power. If war risks or other risks excluded by this clause are hereafter insured by endorsement on this Policy, such endorsement shall supersede the above conditions only to the extent that the terms of such endorsement are inconsistent therewith and only while such endorsement remains in force. 8 PROTECTION & INDEMNITY SP23 (Revised 1/56) Amount Insured AS PER DECLARATION PAGE Policy No. AS PER DECLATARTION PAGE Premium AS PER DECLARATION PAGE Rate AS AGREED AS PER DECLARATION PAGE hereinafter called the Assured. Loss, if any, payable to Named Assured. In the sum of At and from the: AS PER DECLARATION PAGE To: AS PER DECLARATION PAGE against the liabilities of the Assured as hereinafter described, and subject to the terms and conditions hereinafter set forth , in respect of the vessel called the AS PER DECLARATION PAGE or by whatsoever other names the said vessel is or shall be named or called. In consideration of the stipulations herein named and of $ AS PER DECLARATION PAGE being premium at the rate of AS AGREED The Assurer hereby undertakes to make good to the Assured or the Assured's executors, administrators and/or successors, all such loss and/or damage and/or expense as the Assured shall as owners of the vessel named herein have become liable to pay and shall pay on account of the liabilities, risks, events and/or happenings herein set forth: Loss of Life, injury and illness (1) Liability for loss of life of , or personal injury to, or illness of, any person, excluding, however, unless otherwise agreed by endorsement hereon, liability under any Compensation Act to any employee of the Assured, (other than a seaman) or in case of death to his beneficiaries or others. Protection hereunder for loss of life or personal injury arising in connection with the handling of cargo of the vessel named herein shall commence from the time of receipt by the Assured of the cargo on dock or wharf or on craft alongside the said vessel for loading thereon and shall continue until delivery thereof from dock or wharf of discharge or until discharge from the said vessel on to another vessel or craft. Hospital, medical, or other expenses (2) Liability for hospital, medical, or other expenses necessarily and reasonably incurred in respect of loss of life of, personal injury to, or illness of any member of the crew of the vessel named herein or any other person. Liability hereunder shall also include burial expenses not exceeding Two Hundred ($200) Dollars, when necessarily and reasonably incurred by the Assured for the burial of any seaman of said vessel. Damage to other vessel or property on board caused by collision (3) Liability for repatriation expenses of any member of the crew of the vessel named herein, necessarily and reasonably incurred, under statutory obligation, excepting such expenses as arise out of or ensue from the termination of any agreement in accordance with the terms thereof, or by mutual consent, or by sale of the said vessel, or by other act of the Assured. Wages shall be included in such expenses when payable under statutory obligation, during unemployment due to the wreck or loss of the said vessel. Principle of cross- liabilities to prevail (4) Liability for loss of, or damage to, any other vessel or craft, or to the freight thereof, or property on such other vessel or craft, caused by collision with the vessel named herein, insofar as such liability would not be covered by full insurance under the AMERICAN INSTITUTE HULL CLAUSES (JUNE 2, 1977) form (including the four-fourths running-down clause). (a) Claims under this clause shall be settled on the principle of cross-liabilities to the same extent only as provided in the running-down clause above mentioned. (b) Claims under this clause shall be divided among the several classes of claims enumerated in this policy and each class shall be subject to the deduction and special conditions applicable in respect of such class. (c) Notwithstanding the foregoing, if any one or more of the various liabilities arising from such collision has been compromised, settled or adjusted without the written consent of the Assurer, the Assurer shall be relieved of liability for any and all claims under this clause. Damage to other vessel or property on board not caused by collision. (5) Liability for loss of or damage to any other vessel or craft, or to a property on such other vessel or craft, not caused by collision, provided such liability does not arise by reason of a contract made by the assured. Where there would be a valid claim hereunder but for the fact that the damaged property belongs to the Assured, the Assurer shall be liable as if such damaged property belonged to another, but only for the excess over any amount recoverable under any other insurance application on the property. Damage to docks, piers, etc. (6) Liability for damage to any dock, pier, harbor, bridge, jetty, buoy, lighthouse, breakwater, structure, beacon, cable, or to any fixed or movable object or property whatsoever, except another vessel or craft, or property on another vessel or craft. Where there would be a valid claim hereunder but for the fact that the damaged property belongs to the Assured, the Assurer shall be liable as if such damaged property belonged to another, but only for the excess over any amount recoverable under any other insurance applicable on the property. 9 Removal of wreck (7) Liability for cost or expenses of, or incidental to, the removal of the wreck of the vessel named herein when such removal is compulsory by law, provided, however, that : (a) There shall be deducted from such claim for cost or expenses, the value of any salvage from or which might have been recovered from the wreck, inuring, or which might have inured, to the benefit of the Assured. (b) The Assurer shall not be liable for such costs or expenses which would be covered by full insurance under the AMERICAN INSTITUTE HULL CLAUSES (JUNE 2, 1977) or claims arising out of hostilities or war-like operations, whether before or after declaration of war. Cargo (8) Liability for loss of, or damage to, or in connection with cargo or other property, excluding mail and parcel post, including baggage and personal effects of passengers, to be carried, carried, or which has been carried on board the vessel named herein: Provided, however, that no liability shall exist under this provision for: Specie, bullion, precious stones, etc. (a) Loss, damage or expense arising out of or in connection with the custody, care, carriage or delivery of specie, bullion, precious stones, precious metals, jewelry, silks, furs, bank notes, bonds o r other negotiable documents or similar valuable property, unless specially agreed to and accepted for transportation under a form of contract approved, in writing, by the Assurer. Refrigeration (b) Loss of, or damage to, or in connection with cargo requiring refrigeration unless the space, apparatus and means used for the care, custody, and carriage thereof have been surveyed by a classification surveyor or other competent disinterested surveyor under working conditions before the commencement of each voyage and found in all respects fit, and unless accepted for transportation under a form of contract approved, in writing, by the Assurer. Passengers’ effects (c) Loss, damage, or expense in connection with any passenger's baggage or personal effects, unles s the form of ticket issued to the passenger shall have been approved, in writing, by the Assurer. Stowage in improper places (d) Loss, damage, or expense arising from stowage of underdeck cargo on deck or stowage of cargo in spaces not suitable for its carriage, unless the Assured shall show that every reasonable precaution has been taken by him to prevent such improper stowage. Deviation (e) Loss, damage, or expense arising from any deviation, or proposed deviation, not authorized by the contract of affreightment, known to the Assured in time to insure specifically the liability therefor, unless notice thereof is given to the Assurer and the Assurer agrees, in writing, that such insurance is unnecessary. Freight on cargo short delivered (f) Freight on cargo short delivered, whether or not prepaid or whether or not included in the claim and paid by the Assured. Misdescription of Goods (g) Loss, damage, or expense arising out of or as a result of the issuance of Bills of Lading which, to the knowledge of the Assured, improperly describe the goods or their containers as to condition or quantity. Failure to surrender Bill of Lading (h) Loss, damage, or expense arising out of delivery of cargo without surrender of Bill of Lading. And provided further that (aa) Liability hereunder shall in no event exceed that which would be imposed by law in the absence of contract. (bb) Liability hereunder shall be limited to such as would exist if the Charter Party, Bill of Lading or Contract of Affreightment contained the following clause (in substitution for the clause commonly known as the Jason Clause): "In the event of accident, danger, damage or disaster before or after commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the shipowner is not responsible, by statute or contract or otherwise, the shippers, consignees or owners of the cargo shall contribute with the shipowner in general average to the payment of any sacrifices , losses or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the cargo" When cargo is carried by the vessel named herein under a bill of lading or similar document of title subject or made subject to the Carriage of Goods by Sea Act, April 16, 1936, liability hereunder shall be limited to such as is imposed by said Act, and if the Assured or the vessel named herein assumes any greater liability or obligation than the minimum liabilities and obligations imposed by said Act, such greater liability or obligation shall not be covered hereunder. Protective clauses required in contract of affreightment When cargo is carried by the vessel named herein under a charter party, bill of lading or contract of affreightment not subject or made subject to the Carriage of Goods by Sea Act, April 16, 1936, liability hereunder shall be limited to such as would exist if said charter party, bill of lading, or contract of affreightment contained the following clauses: a clause limiting the Assured's liability for total loss or damage to goods shipped to Two Hundred and Fifty ($250) Dollars per package, or in case of goods not shipped in packages, per customary freight unit, and providing for pro rata adjustment on such basis for partial loss or damage; a clause exempting the Assured and the vessel named herein from liability for losses arising from unseaworthiness, even though existing at the beginning of the voyage, provided that due diligence shall have been exercised to make the vessel seaworthy and properly manned, equipped, and supplied; a clause providing that the carrier shall not be liable for claims in respect of cargo unless notice of claim is given 10 within the time limited in such Bill of Lading and suit is brought thereon within the limited time prescribed therein; and such other protective clauses as are commonly in use in the particular trade; provided the incorporation of such clauses is not contrary to law. The foregoing provisions as to the contents of the Bill of Lading and the limitation of the Assurer's liability may, however, be waived or altered by the Assurers on terms agreed, in writing. Assured’s own cargo (cc) Where cargo on board the vessel named herein is the property of the Assured, such cargo shall be deemed to be carried under a contract containing the protective clauses described in the preceding paragraph, and such cargo shall be deemed to be fully insured under the usual form of cargo policy, and in case of loss thereof or damage thereto the Assured shall be insured hereunder in respect of such loss or damage only to the extent that they would have been covered if said cargo had belonged to another, but only in the event and to the extent that the loss or damage would not be recoverable under a cargo policy as hereinbefore specified. Cotton Bills of Lading (dd) The Assured's liability for claims under Custody Cotton Bills of Lading issued under the conditions laid down by the Liverpool Bill of Lading Conference Committee, is covered subject to previous notice of contract and payment of an extra premium of two (2¢) cents per ton gross register per voyage, but such additional premium shall be waived provided every bale is re-marked at a port of shipment on another portion of the bale. Land transportation (ee) No liability shall exist hereunder for any loss, damage or expense in respect of cargo or other property being transported on land or on another vessel. No liability shall exist hereunder for any loss, damage or expense in respect of cargo before loading on or after discharge from the vessel named herein caused by flood, time, windstorm, earthquake, fire, explosion, heat, cold, deterioration, collapse of wharf, leaky shed, theft or pilferage unless such loss, damage o r expense is caused directly by the vessel named herein, her master, officers or crew. Customs, immigration or other fines or penalties (9) Liability for fines and penalties, including expenses necessarily and reasonably incurred in avoiding or mitigating same, for the violation of any of the laws of the United States, or of any State thereof, or of any foreign country; provided, however, that the Assurer shall not be liable to indemnify the Assured against any such fines or penalties resulting directly or indirectly from the failure, neglect, or default of the Assured or his managing officers or managing agents to exercise the highest degree of diligence to prevent a violation of any such laws. Mutiny or other misconduct (10) Expenses incurred in resisting any unfounded claim by the master or crew or other persons employed on the vessel named herein, or in prosecuting such persons in case of mutiny or other misconduct. Extraordinary expenses in case of quarantine, etc. (11) Liability for extraordinary expenses resulting from outbreak of plague or other contagious disease, including such expenses incurred for disinfection of the vessel named herein or persons on board, or for quarantine, but excluding the ordinary expenses of loading and/or discharging, and the wages and provisions of crew and passengers; each claim under this provision is subject to a deduction of Two Hundred ($200) Dollars. It is provided further, however, that if the vessel named herein be ordered to proceed to a port when it is or should be known that calling there will subject the vessel to the extraordinary expenses above mentioned, or to quarantine or disinfection there or elsewhere, the Assurer shall be under no obligation to indemnify the Assured for any such expenses. Deviation for purpose of landing injured Seaman (12) Net loss due to deviation incurred solely for the purpose of landing an injured or sick seaman in respect of port charges incurred, insurance, bunkers, stores, and provisions consumed as a result of the deviation. Cargo’s proportion of general average (13) Liability for, or loss of, cargo's proportion of general average, including special charges, in so far as the Assured cannot recover same from any other source; subject however, to the exclusions of Section (8) and provided, that if the Charter Party, Bill of Lading or Contract of Affreightment does not contain the quoted clause under Section 8 (bb) the Assurer's liability hereunder shall be limited to such as would exist if such clause were contained therein. Costs and Charges (14) Costs, charges, and expenses, reasonably incurred and paid by the Assured in defense against any liabilities insured against hereunder in respect of the vessel named herein, subject to the agreed deductibles applicable, and subject further to the conditions and limitations hereinafter provided. GENERAL CONDITIONS AND/OR LIMITATIONS Prompt notice of claim Warranted that in the event of any occurrence which may result in loss, damage and/or expense for which this Assurer is or may become liable, the Assured will use due diligence to give prompt notice thereof and forward to the Assurer as soon as practicable after receipt thereof, all communications, processes, pleadings and other legal papers or documents relating to such occurrences. Settlement of claims The Assured shall not make any admission of liability, either before or after any occurrence which may result in a claim for which the Assurer may be liable. The Assured shall not interfere in any negotiations of the Assurer, for settlem ent of any legal proceedings in respect of any occurrences for which the Assurer is liable under this policy; provided, however, that in respect of any occurrence likely to give rise to a claim under this policy, the Assured are obligated to and shall take steps to protect their (and/or the Assurer's) interests as would reasonably be taken in the absence of this or similar insurance. If the Assured shall fail or refuse to settle any claim as authorized by Assurer, the liability of the Assurer to the Assured shall be limited to the amount for which settlement could have been made. 11 Assured to assist with evidence in defense, etc. Whenever required by the Assurer the Assured shall aid in securing information and evidence and in obtaining witnesses and shall cooperate with the Assurer in the defense of any claim or suit or in the appeal from any judgment, in respect of any occurrence as hereinbefore provided. Law costs The Assurer shall not be liable for the cost or expense of prosecuting or defending any c laim or suit unless the same shall have been incurred with the written consent of the Assurer, or the Assurer shall be satisfied that such approval could not have been obtained under the circumstances without unreasonable delay, or that such costs and char ges were reasonably and properly incurred, such cost or expense being subject to the deductible. The cost and expense of prosecuting any claim in which the Assurer shall have an interest by subrogation or otherwise, shall be divided between the Assured and the Assurer, proportionately to the amounts which they would be entitled to receive respectively, if the suit should be successful. The Assurer shall be liable for the excess where the amount deductible under this policy is exceeded by (A) the cost of investigating and/or successfully defending any claim or suit against the Assured based on a liability or an alleged liability of the Assured covered by this insurance, or (B) the amount paid by the Assured either under a judgment or an agreed settlement based on the liability covered herein including all costs, expenses of defense and taxable disbursements. Subrogation The Assurer shall be subrogated to all the rights which the Assured may have against any other person or entity, in respect of any payment made under this policy, to the extent of such payment, and the Assured shall, upon the request of the Assurer, execute all documents necessary to secure to the Assurer such rights. The Assurer shall be entitled to take credit for any profit accruing to the Assured by reason of any negligence or wrongful act of the Assured's servants or agents, up to the measure of their loss, or to recover for their own account from third parties any damage that may be provable by reason of such negligence or wrongful act. Cover elsewhere Provided that where the Assured is, irrespective of this insurance, covered or protected against any loss or claim which would otherwise have been paid by the Assurer, under this policy, there shall be no contribution by the Assurer on the basis of double insurance or otherwise. Assignments No claim or demand against the Assurer under this policy shall be assigned or transferred, and no person, excepting a legally appointed receiver of the property of the Assured, shall acquire any right aga inst the Assurer by virtue of this insurance without the expressed consent of the Assurer. Actions against Assurers No action shall lie against the Assurer for the recovery of any loss sustained by the Assured unless such action is brought against the Assurer within one year after the final judgment or decree is entered in he litigation against the Assured, or in case the claim against the Assurer accrues without the entry of such final judgment or decree, unless such action is brought within one year from the date of the payment of such claim. Time limitation The Assurer shall not be liable for any claim not presented to the Assurer with proper proofs of loss within six (6) months after payment thereof by the Assured. Lay-up returns At the expiration of this policy, the Assurer is to return for each thirty (30) consecutive days during the term of this insurance the vessel may be laid up in a safe port; or for each thirty (30) consecutive days during the term of this insurance the vessel may be laid up in a safe port without loading and/or discharging and without crew or cargo on board, provided the Assured give written notice to the Assurer as soon as practicable after the commencement and the termination of such lay-up period. 12 Notwithstanding anything to the contrary contained in this policy, no liability attaches to the Assurer: For any loss, damage, or expense which would be payable under the terms of the AMERICAN INSTITUTE HULL CLAUSES (JUNE 2, 1977) form of policy on hull and machinery, etc., if the vessel were fully covered by such insurance sufficient in amount to pay such loss, damage, or expense. For any loss, damage or expense sustained by reason of capture, seizure, arrest, restraint or detainment, or the consequence thereof or of any attempt thereat; or sustained in consequence of military, naval or air action by force of arms, including mines and torpedoes or other missiles or engines of war, whether of enemy or friendly origin; or sustained in consequence of placing the vessel in jeopardy as an act or measure of war taken in the actual process of a military engagement, including embarking or disembarking troops or material of war in the immediate zone of such engagement; and any such loss, damage and expense shall be excluded from this policy without regard to whether the Assured's liability therefor is based on negligence or otherwise, and whether before or after a declaration of war. For any loss, damage, or expense arising from the cancellation or breach of any charter, bad debts, fraud of agents, insolvency, loss of freight hire or demurrage, or as a result of the breach of any unde rtaking to ,load any cargo, or in respect of the vessel named herein engaging in any unlawful trade or performing any unlawful act, with the knowledge of the Assured. For any loss, damage, expense, or claim arising out of or having relation to the towage of any other vessel or craft, whether under agreement or not, unless such towage was to assist such other vessel or craft in distress to a port or place of safety, provided, however, that this clause shall not apply to claims under this policy for loss of life or personal injury to passengers and/or members of the crew of the vessel named herein arising as a result of towing. For any claim for loss of life or personal injury in relation to the handling of cargo where such claim arises under a contract of indemnity between the Assured and his sub-contractor. It is expressly understood and agreed if and when the Assured under this policy has any interest other than as a shipowner in the vessel or vessels named herein, in no event shall the Assurer be liable hereunder to any greater extent than if such Assured were the owner and were entitled to all the rights of limitation to which a shipowner is entitled. Unless otherwise agreed by endorsement to this policy, liability hereunder shall in no event exceed that which would be imposed on the Assured by law in the absence of contract. Liability hereunder in respect of any one accident or occurrence is limited to the amount hereby insured. Attached to and forming part of Policy No. AS PER DECLARATION PAGE of SUNDERLAND MARINE INSURANCE COMPANY LIMITED 13 CHARTER VESSEL CLAUSES (H & M) HULL DEDUCTIBLE: AS PER DECALARATION PAGE Charter Vessel Clauses (H&M) American Institute Hull Clauses (6/2/77) American Institute Hull War Risks & Strike Clauses (12/77) American Institute S.R. & C. C. Endorsement (Hulls) IT IS AGREED THAT THE FOLLOWING CLAUSES SHALL BE CONSIDERED TO SUPERCEDE AND ANNUL ANY CLAUSES TO THE SAME OR SIMILAR EFFECT PRINTED IN OR ATTACHED TO THIS POLICY. CLAUSE NO. 1 – CHARTER VESSEL CLAUSES (H&M) 1. Warranted free from loss or damage to guards, stanchions and/or bulwarks, caused by bumping, rubbing, or chafing, while loading and/or unloading at sea, or while moored in harbors or other mooring grounds or docks. 2. Warranted that the Assurer shall not be liable for loss of or damage to fish, bait, cargo, nets or dories, or fishing tackle and fishing equipment not normally installed upon and made part of subject named vessel, unless specifically insured under Clause No. 2. Fishing winches and/or gurdies are expressly included and covered under this policy. 3. It is understood and agreed that the following applies to claims on engines five (5) years of age or older. Claims resulting from loss or damage to engines, propulsion machinery, generators, outdrives, and transmissions are subject to adjustment on an actual cash value basis. This valuation does not apply to claims resulting from loss or damage to propellers and/or the propeller shafts. 4. Radio apparatus and equipment and other apparatus of equipment used for the purposes of communication or as aids to navigation or safety devices shall be covered by this policy and included within the agreed valuation of the Hull, even when not owned by the Assured, provided the Assured has assumed liability therefore; but the liability of the Assurer’s (either as to amount or as to the risks covered) shall not exceed the assured’s liability to the o wner of such equipment, or the liability to which Assurer’s would be subject if the equipment were fully owned by the Assured, whichever shall be least. Such equipment, including fishing gear not otherwise excluded and normally installed upon and made past of subject named vessel, when owned by the Insured may be stored ashore for safe keeping and/or repair. The within is extended to include the risks of fire, lightning, windstorm, earthquake, tidal waves, flood waters, landslides and collapse or subsidence of structures. In such event the total amount of the Hull and Machinery insurance on the vessel shall be reduced by the amount stowed ashore. Theft is a covered peril within this clause provided that visible evidence of forcible entry or forcible removab le be shown or that there be actual arrest and conviction of thieves. 5. Subject to the average and deductible average warranties herein, it is understood and agreed that this insurance expressly covers loss of, or damage to, the insured vessel caused by acc idents in docking, undocking, or collapse of ways, gridirons, graving docks, or other dock structures. 6. Vessel(s) having navigation limits as set out in this Policy (other than to produce bait or supplies) are held covered at rates to be agreed by Underwriters subject to prompt notice of such navigational breach. 7. If the insured vessel is disabled or in distress, a towing vessel may be engaged with release of tower’s liability, Assurers waiving subrogation against such towing vessel. 8. From the cost of cleaning and painting the bottom of a vessel (exclusive of dry dock charges), recoverable in 14 average, there shall be deducted one-twelfth for every month since the vessel was last painted, but no allowance shall be made for cleaning and painting on account of exposure to air unless the vessel has been more than twenty four hours on dry dock. 9. It is agreed that all claims settlements shall be made within 30 (thirty) days from the date of agreement between the parties hereto of any sum or sums due to be paid under this insurance. 10. In case of loss, such loss to be paid after all indebtedness of the Assured to “Marine Underwriters” and/or the Companies named herein, is first deducted. 11. The Assured(s) must engage the services of Underwriters surveyor for all damage surveys, etc. Underwriters to bear full cost of all such surveys regardless of whether or not the resultant claim exceeds the policy deductible. All vessels herein are subject to a surveyor approved by Underwriters. It is a condition of this insurance th at all recommendations developed upon survey and required by Underwriters will be complied with as soon as practicable at Underwriters discretion. 12. In consideration of the premium paid, it is understood and agreed that subject to the terms and conditions o f the Policy, this insurance also covers loss or damage to the vessel directly caused by governmental authorities acting for which Underwriters are liable under this policy, provided such act as Governmental authorities has not resulted from want of due diligence by the Assured, the Owners as managers of the vessel or any of them, to prevent or investigate such hazard or threat, Masters, Officers, Crew, or Pilots are not to be considered Owners within the meaning of his claim should they hold shares in the vessel. 13. Policy Lay-up notwithstanding, permission is hereby granted to proceed to and from moorings, shipyards, and maintenance facilities as may be required during the Lay-up period, if any. 14. In consideration of the premium charged, coverage hereunder includes loss and/or damage caused by, or resulting from. Vandalism and/or Malicious Mischief, but subject otherwise to the policy terms and conditions. CLAUSE NO. 2 – DROPPING OFF/ANTI-THEFT CLAUSE In consideration for the premium as paid, it is hereby agreed that machinery is covered with the exclusion absolutely of “dropping off” risks and provided that the engine(s) are fitted with a patented anti -theft device at all items. CLAUSE NO. 3 - POLLUTION EXCLUSION CLAUSE Notwithstanding anything to the contrary this policy does not insure against any loss, damage, cost, liability, expense, fine or penalty of any kind or nature whatsoever, and whether statutory or otherwise, incurred by or imposed on the Assured, directly or indirectly, in consequence of, or with respect to, the actual or potential discharge, emission, spillage or leakage upon or into the seas, waters, land or air, of oil, petroleum products, chemicals or other substances of any kind or nature whatsoever. CLAUSE NO. 4 - INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIOCHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from: i. ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel. ii. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof. iii. any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 15 iv. The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isoto pes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes. v. Any chemical, biological, bio-chemical, or electromagnetic weapon. CLAUSE NO. 5 - INSTITUTE CYBER ATTACH EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith 1. Subject only to clause 2 below, in no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system. 2. Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, Clause 1.1 shall not operate to exclude losses (which would otherwise be covered)arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile. CLAUSE NO. 6 – ASBESTOS EXCLUSION It is hereby understood and agreed that this insurance shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of or resulting from or in consequence of asbestos in whatever form or quantity. ATTACHED TO AND FORMING A PART OF POLICY NO: AS PER DECLARATION PAGE OF SUNDERLAND MARINE INSURANCE COMPANY LIMITED ISSUED TO: AS PER DECLARATION PAGE 16 CHARTER VESSEL CLAUSES (P & I) P&I DEDUCTIBLE: AS PER DECLARATION PAGE NUMBER OF CREW: AS PER DECLARATION PAGE MAXIMUM PASSENGER COMPLEMENT: AS PER DECLARATION PAGE Charter Vessel Clauses (P&I) Protection & Indemnity SP-23 Form American Institute Pollution Exclusion Clause (P&I) And Buy Back Endorsement A (July 4, 1976) IT IS HEREBY NOTED AND AGREED THAT THE FOLLOWING CLAUSES SHALL BE CONSIDERED TO SUPERSEDE AND ANNUL ANY CLAUSES TO THE SAME OR SIMILAR EFFECT PRINTED IN OR ATTACHED TO THIS POLICY. CLAUSE NO. 1. - DEDUCTIBLE If this insurance is written subject to a deductible the Assured Agrees that the attorneys or claims adjusters appointed by the Underwriters shall likewise act on his behalf. The Assured further undertakes to furnish immediately on demand by such attorneys or claims adjusters any amount required to negotiate or settle any claim and to pay any legal or investigation charges up to the amount of the deductible. In the event of the Assured being in breach of requirements of this clause, he shall be considered in breach of clause 3 with penalty therein prescribed. CLAUSE NO. 2 - EXCESS COLLISION EXTENSION It is hereby agreed that liability in respect of damage to a third party vessel arising out of a collision involving the subj ect vessel of this policy insured by Sunderland Marine Insurance Company Limited shall be limited to either the agreed insured Hull value or the Protection and Indemnity limit which ever shall be the greater, but under no circumstances shall the total liability under this insurance be deemed to be the total of these two amounts. CLAUSE NO. 3 – CARGO LIABILITY EXCLUSION It is hereby understood and agreed that coverage as provided by Clause No. 8 in the SP -23 P&I Form is hereby deleted. Cargo Liability is excluded absolutely. CLAUSE NO. 4 – SWIMMING, DIVING AND WATERSPORTS ACTIVITIES EXCLUSION Notwithstanding anything to the contrary elsewhere herein, this Policy does not cover the swimming and diving activities of any person(s), including but not limited to passengers or crew, and this Policy excludes any and all liability including claims for damages to any person(s) (including but not limited to passengers and crew) with respect to accidents, injuries of whatsoever nature or death resulting from any cause whatsoever while any suc h person is in the water or engaged in swimming and diving activities. For purposes of this exclusion, “diving activities” means any and all activities of any person who enters the water to engage in SCUBA, SNUBA, surface supplied air diving, or snorkeling . For purposes of this Exclusion, “in the water” shall mean the entire time from which such person has left physical contact with the vessel (including vessel ladders) for purposes of entering the water, until such person has regained physical contact with the vessel (including vessel ladders) for the purposes of reboarding the vessel. This Policy also excludes any and all liability for damages or otherwise to any person(s) (including but not limited to passengers and crew) with respect to accidents, injuries or death of whatsoever nature resulting from or in any way related to the sale, servicing, storage or use of any diving equipment of any kind. Additionally, this policy shall not cover loss of life, injury to, or illness of any person arising from par asailing, waterskiing or any activity which involves person(s) being towed behind the insured vessel. This Exclusion shall not apply to liability for damages to members of the crew with respect to accidents, injuries or death which result from diving or other activities in the water that are solely related to necessary inspection of or repairs to the 17 vessel, which inspection or repairs could not safely have been deferred until independent contractor commercial divers were reasonably available to perform such inspection or repairs CLAUSE NO. 5 - POLLUTION EXCLUSION CLAUSE Notwithstanding anything to the contrary this policy does not insure against any loss, damage, cost, liability, expense, fine or penalty of any kind or nature whatsoever, and whether statutory or otherwise, incurred by or imposed on the Assured, directly or indirectly, in consequence of, or with respect to, the actual or potential discharge, emission, spillage or leakage upon or into the seas, waters, land or air, of oil, petroleum products, chemicals or other substances of any kind or nature whatsoever. CLAUSE NO. 6 - OCCUPATIONAL DISEASE EXCLUSION Notwithstanding anything to the contrary in this policy, it is hereby understood and agreed that this policy is subject to the following exclusions and that this policy shall not apply to: 1. Any liability of whatsoever nature of the Assured, whether for damages, maintenance and cure, fines and penalties for funeral expenses, arising out of loss of life, of or injury to, or illness of, any person due to occupational and/or industrial diseases and/or injuries gradually contracted from the character of his present or prior employment, because thereof, and incidental thereto, and whether or not such employment be in the service of the Assured or otherwise; and 2. Any costs and expenses of investigating and/or defending any claim or suit against the Assured arising out of a liability or alleged liability of the Assured excluded above. CLAUSE NO. 7 - ILLEGAL FISHING No claims shall attach to this policy for the consequences of entering prohibited waters. Loss of life, personal injury and sickness shall not be considered a consequence of entering prohibited waters unless occurring in evading or attempting to evade arrest. CLAUSE NO. 8 - CO-OPERATION The assured shall render every assistance to facilitate investigation or adjustment of claims of effecting of settlements and to co-operate fully in the securing of evidence, the attendance of witnesses and the eliciting of information in defending such claims including the prosecution of appeals, it being understood that failure to comply fully with the provisions of this paragraph shall render the Policy null and void and that, in the event, no further obligation of any character shall rest upon the Company. CLAUSE NO. 9 – ASBESTOS EXCLUSION It is hereby understood and agreed that this insurance shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of or resulting from or in consequence of asbestos in whatever form or quantity. . ATTACHED TO AND FORMING A PART OF POLICY NO. AS PER DECLARATION PAGE OF SUNDERLAND MARINE INSURANCE COMPANY LIMITED ISSUED TO: AS PER DECLARATION PAGE 18 CHARTER VESSEL CLAUSES GENERAL TERMS AND CONDITIONS CLAUSE NO. 1 - TRADING WARRANTY AS PER DECLARATION PAGE CLAUSE NO. 2 – CANCELLATION A. In event of non-payment of premium 30 days after attachment or of any additional premium when due, this Policy may be cancelled by the Underwriters upon 10 days written or telegraphic notice sent to the Assured at his last known address or in the care of the broker who negotiated this policy. Such proportion of the premium, however, as shall have been earned up to the time of cancellation shall be payable. B. This policy may be cancelled at any time at the request of the assured, in which event this company shall be entitled to an earned premium at the customary short rate basis; and arrival. C. This policy may be cancelled at any time by this company by giving written notice mailed to the assured at his or their last known address. This shall constitute a complete notice of cancellation and this policy shall be null and void at noon, standard time at the place of issuance, on the tenth (10th) day after such notice shall have been mailed, provided, however, that if the vessel(s) insured has not been in any port within said period, cancellation shall take effect at noon, standard time, of the first day of arrival in any port. In case of cancellation by this company, pro rata premium will be charged and the amount of paid premium in excess of premiums earned to the effective date of cancellation shall be refunded upon demand after cancellation; and arrival. D. It is hereby understood and agreed that the period appearing under any other cancellation clause included in this policy of insurance in respect of the above mentioned vessel shall be deemed to be tenth (10) days in each and every instance. CLAUSE NO. 3 - FULL PREMIUM IF LOSS WARRANTY: It is a condition of this Policy that the full annual premium is payable hereunder if the vessel insured is a total and/or constructive total loss. CLAUSE NO. 4 – PUNITIVE OR EXEMPLARY DAMAGES Notwithstanding anything to the contrary elsewhere herein the Underwriters will not indemnify the Assured in respect of any liabilities imposed on the Assured as punitive or exemplary damages, however prescribed. CLAUSE NO. 5 – CANCELLING RETURNS ONLY In consideration for the premium as charged, it is hereby agreed that the premium shall be on the basis of CANCELLING RETURNS ONLY. No returns will be made in respect of this cover for any other reasons whatsoever. CLAUSE NO. 6 – LIBERALIZATION CLAUSE It is agreed that any revision adopted by underwriters which would broaden coverage without additional premium during the policy period, will immediately apply to this policy. ATTACHED TO AND FORMING A PART OF POLICY NO. AS PER DECLARATION PAGE OF SUNDERLAND MARINE INSURANCE COMPANY LIMITED ISSUED TO: AS PER DECLARATION PAGE PARENT COMPANY GUARANTEE NAMED ASSURED: PER DECLARATION PAGE TYPE: OCEAN MARINE The Company is a wholly owned subsidiary company of the North of England Protecting and Indemnity Association Limited (“North”). There is a guarantee in place between North and the Company pursuant to which North guarantees to meet the liabilities of the Company in the unlikely event the Company is unable to discharge its own liabilities. The guarantee provides additional protection to the Company’s policyholders as in the unlikely event the Company does not have sufficient resources to pay valid claims, the guarantee enables policyholders to require North to satisfy such valid claims. The validity of any policyholder claim will continue to be determined pursuant to your policy of insurance. The guarantee provided by North, does not, in any way, alter, amend, increase or reduce the scope or terms of your policy of insurance with the Company. Policyholders may request a copy of the guarantee from the company secretary (Alan Rowland) – alan.rowland@sunderlandmarine.com ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO: PER DECLARATION PAGE EFFECTIVE DATE OF THIS ENDORSEMENT: PER DECLARATION PAGE American Institute 87 B-46 S. R. & C. C. Endorsement (Hulls) (Revised) September 8, 1959 To be attached to and form a part of Policy No.: PER DECLARATION PAGE Of: SUNDERLAND MARINE INSURANCE COMPANY, LTD. Insuring PER DECLARATION PAGE In consideration of an additional premium, as provided below, this insurance is extended to cover additional risks, from and after THE EFFECTIVE DATE in accordance with the following clause:- This insurance also covers damage to or destruction of the property insured directly caused by strikers, locked out workmen, or persons taking part-in labor disturbances or riots or civil commotion’s or caused by vandalism, sabotage, or malicious mischief, but excluding civil war, revolution, rebellion or insurrection, or civil strife rising therefrom, and warranted free from any claim for delay, detention or loss of use, and free from all loss, damage or expense caused by any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter. Notwithstanding the exclusions in the F. C. & S. Clause in the within policy 'vandalism,' 'sabotage,' and ‘malicious mischief,' as used herein, shall be construed to include willful or malicious physical injury to or destruction of the described property caused by acts committed by an agent of any Government, party or faction engaged in war, hostilities, or other warlike operations, provided such agent is acting secretly and not in connection with any operations of military or naval armed forces in the country where the described property is situated." Until further notice the Assured shall pay, for the additional protection afforded by the above clause, an additional premium of N/A percent. The Underwriters have the right nevertheless to change this rate at any time on 15 days written notice to the Assured; but the Assured shall have the option to cancel this endorsement as of the time when such change of rate would take effect, provided previous notice of such cancellation be given to the Underwriters. The rate may be changed as above notwithstanding strikes, labor troubles or civil commotion’s, on board the vessel or elsewhere, may be threatened or actually exist either at the time when such notice is given or when it takes effect. All other terms and conditions remaining unchanged. PERSONAL EFFECTS NAMED ASSURED: PER DECLARATION PAGE TYPE: OCEAN MARINE In consideration of the premium charged, it is understood and agreed that this policy is extended to cover, without liability, “Personal Effects.” “Personal Effects” means clothing and other personal property belonging to the Assured, passengers, or crew. Personal Effects do not include money, traveler’s checks, securities, valuable papers or other documents. Personal Effects are insured while they are on board or being carried on to or off the vessel(s) insured. Coverage is provided only while the vessel is afloat and is subject to a limit of $1,000.00 any one accident, regardless of the number of persons involved or claims made, and a deductible of $100.00 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO: PER DECLARATION PAGE EFFECTIVE DATE OF THIS ENDORSEMENT: PER DECLARATION PAGE COMMERCIAL TOWING AND ASSISTANCE NAMED ASSURED: PER DECLARATION PAGE TYPE: OCEAN MARINE It is understood and agreed in the event of an emergency situation where the assured or the vessel is not in imminent danger, underwriters will reimburse the assured for the reasonable cost incurred, not to exceed a total of $500.00, resulting from the following services to the insured vessel if help is not available and commercial assistance must be obtained: A. Towing to the nearest location where necessary repairs can be made. B. Delivery of gasoline, oil, parts or loaned battery (excluding the costs of these items themselves) or emergency labor, while away from safe harbor. It is agreed this coverage shall be deemed in excess above all other valid or collectible insurance and that the policy deductible does not apply to this coverage. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO: PER DECLARATION PAGE EFFECTIVE DATE OF THIS ENDORSEMENT: PER DECLARATION PAGE American Institute 25 POLLUTION EXCLUSION CLAUSE (P&I) and BUY BACK ENDORSEMENT A (July 4, 1976) To be attached to and form a part of Policy No. PER DECLARATION PAGE of SUNDERLAND MARINE INSURANCE COMPANY LIMITED Insuring PER DECLARATION PAGE This Policy will not indemnify the Assured against any sum (s) paid, nor insure against any liability, with respect to any loss, damage, cost, liability, expense, fine or penalty of any kind or nature whatsoever, and whether statutory or otherwise, incurred by or imposed on the Assured, directly or indirectly, in consequence of, or with respect to, the ac tual or potential discharge, emission, spillage or leakage upon or into the seas, waters, land or air, of oil, petroleum products, chemicals or other substances of any kind or nature whatsoever. ______________________________________________ IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $ INCLUDED THE ABOVE POLLUTION EXCLUSION CLAUSE (P&I) SHALL NOT APPLY TO SUMS PAID, OR LIABILITY OF THE ASSURED: 1) For loss of life of, or bodily injury to, or illness of, any person; or, 2) For loss, damage or expense to any cargo or property carried on board the insured Vessel (s); or, 3) For loss, damage or expense to any cargo or property on board any other vessel or contained or stored ashore unless such sums are paid, or liability is imposed, as a result of contact of such cargo or property with oil, petroleum products, chemicals or other substances of any kind or nature whatsoever arising in consequence of their sudden and accidental discharge, emission, spillage or leakage upon or into the seas, waters, land or air; or, 4) For contamination of any cargo or property resulting from the pumping of oil, petroleum products, chemicals or any other substances of any kind or nature whatsoever directly into any other vessel, or between tanks of the insured Vessel (s), or into storage tanks or receptacles ashore or elsewhere. PROVIDED that such sums, or such liability, are insured elsewhere under the terms and conditions of this Policy. All other terms and conditions, including any deductible provisions, of this Policy shall remain unchanged. MEDICAL PAYMENTS NAMED ASSURED: PER DECLARATION PAGE TYPE: OCEAN MARINE In consideration of the premium charged, this policy is extended to provide coverage without regard to liability for medical payments made by the Named Assured on account of loss of life, injury, or illness to passengers. Limit $10,000.00 per person or occurrence, but this does not increase the Protection & Indemnity limit. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO: PER DECLARATION PAGE EFFECTIVE DATE OF THIS ENDORSEMENT: PER DECLARATION PAGE SANCTION LIMITATION AND EXCLUSION NAMED ASSURED: PER DECLARATION PAGE TYPE: OCEAN MARINE No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO: PER DECLARATION PAGE EFFECTIVE DATE OF THIS ENDORSEMENT: PER DECLARATION PAGE EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: A. The following definition is added with respect to the provisions of this endorsement: “Certified act of terrorism” means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The criteria contained in that Act for a “certified act of terrorism” include the following: i. The act resulted in aggregate losses in excess of $5 million: and ii. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy of affect the conduct of the United States Government by coercion. B. The following exclusion is added: Certified Act of Terrorism Exclusion We will not pay for loss or damage caused directly or indirectly by a “certified act of terrorism. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. C. Application of other Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War and Military Action Exclusion. To be attached to, and form a part of Policy No.: PER DECLARATION PAGE Of SUNDERLAND MARINE INSURANCE COMPANY LIMITED Insuring: PER DECLARATION PAGE NAME OF ASSURED CLEARWATER FERRY SERVICES, INC. 2005 40’ F/G/G C/V “MADDIE’S CROSSING” TYPE OCEAN MARINE EFFECTIVE AS OF SEPTEMBER 15TH 2015, AND IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $1,765.47 ($637.53 HULL AND MACHINERY, $1,115.68 PROTECTION & INDEMNITY, $12.26 MEDICAL PAYMENTS) IT IS HEREBY UNDERSTOOD AND AGREED THE FOLLOWING VESSEL IS ADDED TO POLICY HEREUNDER: 2015 35’ ALUMINUM/GAS FERRY BOAT “HAILEY’S CROSSING” COVERAGES PER ATTACHED SCHEDULE OF VESSELS. NAVIGATION LIMITS: WARRANTED CONFINED TO THE INLAND AND COASTAL NAVIGABLE WATERS OF FLORIDA, NOT TO EXCEED FIVE (5) MILES OFFSHORE AND EXCLUDING ABSOLUTELY THE TERRITORIAL WATERS OF CUBA. Surplus Lines Agent: Brian A. Raby License No.: A213865 Address: 5 Windsormere Way; Ste 100 Oviedo, Florida 32765 Producing Agent: Casey Insurance Group, Inc. Address: 151 North Nob Hill Rd. #269 Plantation, FL 33324 To Be Reported: 3RD Qtr 2015 Premium: $1,765.47 Tax: EXEMPT Florida Policy Fee: N/A FSLSO Service Fee: $3.09 ALL OTHER TERMS AND CONDITIONS REMIAN UNCHANGED. ENDORSEMENT NUMBER 2 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF POLICY NO. MY0864 EFFECTIVE DATE OF THIS ENDORSMENT SEPTEMBER 15TH 2015 ______________________________________ SUNDERLAND MARINE INS. CO. LTD. Clearwater Ferry Services, Inc. Coverage Limit Deductible Premium Hull & Machinery ACV Engine Clause $70,000.00 $1,400.00 $1,225.00 Protection & Indemnity Covering third pary liability, two (2) fulltime crewmen and a maximum of forty (40) passengers $500,000.00 $500.00 $2,540.00 Medical Payments $10,000.00 N/A $25.00 Personal Effects $1,000.00 $100.00 Included Total Vessel Premium:$3,790.00 Coverage Limit Deductible Premium (Pro-Rata) Hull & Machinery ACV Engine Clause $85,000.00 $1,700.00 $637.53 Protection & Indemnity Covering third pary liability, two (2) fulltime crewmen and a maximum of twenty-eight (28) passengers $500,000.00 $500.00 $1,115.68 Medical Payments $10,000.00 N/A $12.26 Personal Effects $1,000.00 $100.00 Included Total Vessel Premium:$1,765.47 Added Effective as of September 15th 2015 2015 35' A/G Charter Vessel Vessel # 1 "Maddie's Crossing" 2005 40' F/G/G Charter Vessel Vessel # 2 "Hailey's Crossing" FERRY SERVICES AGREEMENT THIS CONTRACT, entered into this t" 1 day of tf/ tL.v , 2016, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City," P.O. Box 4748, Clearwater, Florida 33758 and CLEARWATER FERRY SERVICES, INC., a Florida corporation, hereinafter referred to as "Ferry," 415 Laughing Gull Lane, Palm Harbor, FL 34683. WHEREAS, traffic congestion on State Road 60, including the Memorial Causeway Bridge to and on Clearwater Beach during the months of March and April is greatly increased due to Spring Break and Spring Training; and WHEREAS, it is in the public interest to help prevent traffic gridlock during peak periods, reduce the law enforcement man hours involved in traffic control and increase awareness of the downtown Cleveland Street District, Coachman Park and Downtown Marina; and WHEREAS, the City is interested in utilizing a multimodal solution to the problem of traffic congestion and limited parking on Clearwater Beach; and WHEREAS, approximately 7000 employees of beach businesses drive over the Memorial Causeway to work; and WHEREAS, parking is often difficult to find and prohibitively expensive for these employees; and WHEREAS, 54% of employees and 65% of residents indicated in a survey that they would use ferry services to get to Clearwater Beach; and WHEREAS, Clearwater Ferry Services, Inc. agrees to provide alternate transportation to and from Clearwater Beach as set forth below; NOW THEREFORE, in consideration of the promises stated herein, the City and Ferry mutually agree as follows: 1. SCOPE OF PROJECT. Ferry agrees to provide ferry service between the Downtown Marina and the Clearwater Municipal Marina seven days a week from 10 am to 8 pm between March 1, 2016 and April 30, 2016. 2. TIME OF PERFORMANCE. This Contract shall commence on March 1, 2016 and terminate on April 30, 2016. 3. COMPENSATION. The City will pay Ferry a $1.00 reimbursement for each one way ticket sold for ferry service between downtown Clearwater and the Clearwater Municipal Marina or downtown Clearwater and the Beach Recreation Center Dock, based upon the Ferry meeting the route schedule attached as Exhibit A, not to exceed $79,300. The City may, from time to time, require changes in the scope of the project to be performed hereunder. Such changes, including any increase or decrease in the amount of Ferry's compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and Ferry shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. [GM16-9216-053/180680/1] Page 2 of 6 Ferry's invoices shall be submitted to the City Engineer for approval for payment on a weekly basis. Ferry will provide City a spreadsheet of its Rider Log data during the hours of 10am and 8pm daily in support of the invoice. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to: Patricia Rodriguez 415 Laughing Gull Lane Palm Harbor, FL 34683 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. 0. Box 4748 Clearwater, FL 33758-4748 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving Ferry a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. Ferry shall be paid for its services through the [GM16-9216-053/180680/1] Page 3 of 6 effective date of such termination. Further, if Ferry shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and Ferry shall be paid only for work completed. 7. NON-DISCRIMINATION. Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8. INTERESTS OF PARTIES. Ferry covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any [GM16-9216-053/180680/1] Page 4 of 6 manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 9. LIABILITY AND INDEMNIFICATION. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 10. INSURANCE. Ferry agrees to maintain insurance on the vessels as described in the policies attached hereto as Exhibit "B" and agrees to name City as an additional insured party on said insurance policies. 11. CONFORMANCE WITH LAWS. [GM16-9216-053/180680/1] Page 5 of 6 Patricia Rodriguez President Ferry agrees to comply with all applicable federal, state and local laws during the life of this Contract. 12. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 13. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA By: William B. Home II City Manager Approved as to form: Attest: Rosemarie Call City Clerk CLEARWATER FERRY Attest: Dennis Rodriguez, V President Pamela K. Akin City Attorney [GM16-9216-053/180680/11 Page 6 of 6 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2200 Agenda Date: 3/3/2016 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 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 3/3/2016 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, SR 580, 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 similar to 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: Section 1.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 Organization has 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 Plan Vision Element embraces transportation solutions that support Quality Places to live, learn, work and play. Whereas the Florida Department of Transportation adopted a Complete Streets Statewide Priority on September 17, 2014 to 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 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. 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. Whereas the intersections of Countryside, SR 580, Enterprise and Harn Road have various spaces which could be landscaped, but have been covered with concrete paving. 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. 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 that the 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 landscaping done 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 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. Resolution No. 16-07 RESOLUTION NO. 16-07 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, SR 580, 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 similar to 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. 16-072 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: Section 1.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