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08/17/2016
Wednesday, August 17, 2016 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda August 17, 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 cell phones and other electronic 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 End of Session Report - The Honorable Larry Ahern, Florida House of Representatives 4.2 End of Session Report - The Honorable Chris Sprowls, Florida House of Representatives 4.3 APGA Safety Management Excellence Award - Chuck Warrington, Clearwater Gas System Director 5. Approval of Minutes 5.1 Approve the minutes of the August 4, 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 8/16/2016 August 17, 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 Approve a contract in the amount of $489,671.00 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, plus an additional $40,000.00 contingency for any excess services provided by the Sheriff, during the one-year contract period commencing October 1, 2016 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Clearwater Beach Route Funding Agreement between Pinellas Suncoast Transit Authority (PSTA) and the City of Clearwater for an amount not to exceed $215,092.75 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Water Main Easement over Block 2 and 3 of J.H. Rouse’s Subdivision, conveyed to the City by the Property Owner; and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Pinellas County Technical Rescue Team Agreement with the City of Clearwater effective October 1, 2015 through September 30, 2020, and authorize the appropriate officials to execute same. (consent) 7.5 Award a new contract (Purchase Order) to De Nora Water Technologies Inc., (De Nora) Pittsburgh, PA, in the annual amount of $150,000.00 effective August 18, 2016, and authorize the appropriate officials to execute same. (consent) 7.6 Approve an annual contract (blanket purchase order) with Wastequip, LLC, Statesville, NC, in the amount of $175,000 for the purchase of compactors and compactor parts and authorize the appropriate officials to execute same. (consent) 7.7 Approve a subordination agreement in favor of Branch Banking and Trust Company (BB and T) on the Clearwater Marine Aquarium Property and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/16/2016 August 17, 2016City Council Meeting Agenda 7.8 Request for authority to file a proposal for settlement in the case of City of Clearwater v. B.R.W. Contracting, Inc. (Case No.: 13- 7292-CI). (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the request from the owner of property addressed 3009 Gulf to Bay Boulevard to vacate a portion of Right-of-Way of Meadow Lark Lane that abuts their property; and pass Ordinance 8942-16 on first reading. (VAC2016-05) 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2160 Bell Cheer Drive; and pass Ordinances 8914-16, 8915-16 and 8916-16 on first reading. (ATA2016-05007) 8.3 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 1608 Levern Street; together with certain right-of-way of Levern Street; and pass Ordinances 8917-16, 8918-16 and 8919-16 on first reading. (ANX2016-05017) 8.4 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 2112, 2138, and 2196/2198 Bell Cheer Drive; and pass Ordinances 8920-16, 8921-16 and 8922-16 on first reading. (ANX2016-05018) 8.5 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 2155 Bell Cheer Drive and an unaddressed parcel on Bell Cheer Drive; and pass Ordinances 8926-16, 8927-16 and 8928-16 on first reading. (ANX2016-06019) Page 4 City of Clearwater Printed on 8/16/2016 August 17, 2016City Council Meeting Agenda 8.6 Approve amendments to the Clearwater Code of Ordinances and Clearwater Community Development Code regarding numerous provisions, including: stormwater systems; museums; outdoor retail sales, display and/or storage; outdoor storage; accessory uses/structures; erosion and sedimentation; waterfront sight visibility triangles; outdoor cafés; low impact development techniques; grass parking; subdivision design standards; hearing officer appeals; the comprehensive sign program; the final plat fee; and providing for and modifying various definitions; and pass Ordinance 8931-16 on first reading. (TA2016-06001) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8929-16 on second reading, amending Appendix A, Article XXIV Public Works - Fees, Rates and Charges, Section (3)(a) Water Rates, Secrtion (3)(b) Wastewater Collection Utility Rates and (3)(f) Reclaimed Water Rates. 9.2 Adopt Ordinance 8930-16 on second reading, vacating a drainage and utility easement along the west ten feet of Lot 10 of Countryside Tract 6 Replat, as recorded in Plat Book 78, Pages 11 and 12, Public Records of Pinellas County, Florida. 10. City Manager Reports 10.1 Approve policy and procedural guidance for staff to operate the variable lighting of the Clearwater Monument, located at 3350 Gulf to Bay Boulevard, Clearwater, FL 33759, and approve funds in the amount of $25,000 to provide remote controls for the lighting display. 10.2 Amend Council Rule 8, Debate of Motions, Tie Votes, to clarify the result of a 2-1 vote in the absence of two voting councilmembers and adopt Resolution 16-21 10.3 Pinellas Suncoast Transit Authority Central Avenue BRT (Bus Rapid Transit) Vote 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 5 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2694 Agenda Date: 8/17/2016 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: End of Session Report - The Honorable Larry Ahern, Florida House of Representatives SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2693 Agenda Date: 8/17/2016 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: End of Session Report - The Honorable Chris Sprowls, Florida House of Representatives SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2684 Agenda Date: 8/17/2016 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: APGA Safety Management Excellence Award - Chuck Warrington, Clearwater Gas System Director SUMMARY: Clearwater Gas System received the prestigious 2016 Safety Management Excellence Award from the American Public Gas Association at the APGA Annual Convention in Newport, RI. APGA represents over 1,000 public gas systems throughout the U.S. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2690 Agenda Date: 8/17/2016 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 4, 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 8/16/2016 City Council Meeting Minutes August 4, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, August 4, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Hoyt Hamilton Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Pamela K. Akin - City Attorney, 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. Draft 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Patrice Curtis from Unitarian Universalist of Clearwater 3. Pledge of Allegiance – Councilmember Hamilton 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 Children’s Poster Contest Winners – Dieunice Deris and Lisa Goodrich, Diversity Leadership Council 5. Approval of Minutes 5.1 Approve the minutes of the July 21, 2016 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Jonson moved to approve the minutes of the July 21, 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 Mr. James expressed concerns with the organized church feeding on Page 2 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Osceola. Laurie Anspach provided information regarding a non-profit organization she created earlier this year, Painting for Good Causes, which provides servicemen with a painted portrait by a local artist. 7. Consent Agenda – Approved as submitted. 7.1 Approve a blanket purchase order (contract) with Pasco Pipe Supply, Inc. of Hudson, FL, in the annual amount of $130,000.00, with the option for two, one-year term extensions, for the purchase of fire hydrants (ITB 28-16) effective August 5, 2016, and authorize the appropriate officials to execute same. (consent) 7.2 Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $51,192, for purchase of computer tablets, portable printers, and accessories. (consent) 7.3 Accept the Florida Council Against Sexual Violence (FCASV) grant in the amount of $4,985.16, for overtime training of Communications Center staff and authorize the appropriate officials to execute same. (consent) 7.4 Approve a proposal from Construction Manager at Risk J. Kokolakis Contracting, Inc. of Tarpon Springs, Florida, in the amount of $1,979,118.26, for the construction of the Clearwater Police Shooting Range (15-0013-PD); approve a third quarter amendment to increase Capital Improvement project in the amount of $445,426; approve the proposal from Action Target in the amount of $416,500 and authorize the appropriate officials to execute same. (consent) 7.5 Approve Parking Consultant of Record contracts with Kimley-Horn and Associates, TimHaahs, and Walker Parking Consultants for a period of three years, August 4, 2016 through July 31, 2019, and authorize the appropriate officials to execute same. (consent) 7.6 Approve the final plat for Brightwater Blue Townhomes, whose physical address is 152 Brightwater Drive, located on the 800 feet east of Hamdon Drive. (consent) 7.7 Approve the final plat for Sunstream Subdivision, whose physical address is 2850 Sunstream Lane, located on the north side of Lake Chautauqua Park and approximately 1500 feet west of Landmark Drive. (consent) 7.8 Approve Construction Manager at Risk (CMR) Services for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto and Sons, Inc. of Tampa, FL; Page 3 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years and authorize the appropriate officials to execute same. (consent) 7.9 Approve an amendment to an existing professional services agreement with HR and A Advisors, Inc. for the Imagine Clearwater Downtown Waterfront Master Plan Project, increasing the purchase order by $60,000 to $438,000 as described in the Additional Scope of Services, and authorize the appropriate officials to execute same. (consent) 7.10 Award a contract (blanket purchase order) to GSA Security Inc. of Tampa, FL, in the annual amount of $500,000.00, with two, one-year renewal options, for the purchase of camera installations at various city locations and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a Dollar Amount not to exceed $350,000.00 in funding to Gator Dredging of Clearwater Florida, for dredging Cuts E and D-D of the Federal Project Cut Channel section of the Clearwater Pass Federal Project for Maintenance Dredging from CIP 315-93422, Dredging of City Waterways. (consent) 7.12 Approve an increase to Purchase Order (contract) BR511703 in the amount of $100,000 with Coastal Alternative Fuel Systems, for Ford vehicle up-fitting services (CNG conversion); authorize 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) 7.13 Approve an increase of $200,000 to the purchase agreement (blanket purchase order) with Waste Management Inc. of Florida for Class III waste disposal at their site for the period October 1, 2015 through September 30, 2016, including two, one-year renewals, and authorize the appropriate officials to execute same. (consent) 7.14 Appoint Susan Oliveto to the Nuisance Abatement Board to fill the remainder of an unexpired term through August 31, 2019. (consent) 7.15 Appoint Ken Marlow to the Marine Advisory Board to fill the remainder of an unexpired term through March 31, 2017. (consent) 7.16 Appoint Mark T. Parry to the Brownfields Advisory Board as the agency or government representative to fill the remainder of an unexpired term through November 30, 2018. (consent) 7.17 Approve the Clearwater Marine Aquarium’s (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to $25 million financing. (consent) Page 4 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Councilmember Caudell 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 8.1 Approve the request from the owner of property addressed 2510 Mulberry Drive to vacate a drainage and utility easement along the west ten feet of their property; and pass Ordinance 8930-16 on first reading. (VAC2016-03) An unpermitted addition was put onto the building at 2510 Mulberry Drive. The building now encroaches on a platted drainage and utility easement. A future owner is applying to vacate this easement to avoid potential troubles. The City of Clearwater does not have any utilities in this easement. All city departments have reviewed and do not object. The applicant has received all required Letters of No Objection from private utility companies. Councilmember Cundiff moved to approve the request from the owner of property addressed 2510 Mulberry Drive to vacate a drainage and utility easement along the west ten feet of their property; and pass Ordinance 8930-16 on first reading. The motion was duly seconded and carried unanimously. Ordinance 8930-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8930-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8901-16 on second reading, annexing certain real properties whose post office addresses are 2191 Bell Cheer Drive and 2130 Pleasant Parkway, both within Clearwater, Florida 33764, into the corporate limits of the city, and redefining the boundary lines of the city to include said additions. Ordinance 8901-16 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8901-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 5 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.2 Adopt Ordinance 8902-16 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 2191 Bell Cheer Drive and 2130 Pleasant Parkway, both within Clearwater, Florida 33764, upon annexation into the city of Clearwater, as Residential Low (RL). Ordinance 8902-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8902-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.3 Adopt Ordinance 8903-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2191 Bell Cheer Drive and 2130 Pleasant Parkway, both with Clearwater, Florida 33764, upon annexation into the city of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8903-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8903-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.4 Adopt Ordinance 8904-16 on second reading, annexing certain real property whose post office address is 1739 El Trinidad Drive East, Clearwater, Florida 33759, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Ordinance 8904-16 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8904-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton Page 6 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 9.5 Adopt Ordinance 8905-16 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 property whose post office address is 1739 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the city of Clearwater as Residential Low (RL). Ordinance 8905-16 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8905-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.6 Adopt Ordinance 8906-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1739 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the city of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8906-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8906-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.7 Adopt Ordinance 8907-16 on second reading, annexing certain real property whose post office address is 1321 Springdale Street, Clearwater, Florida 33755, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Ordinance 8907-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8907-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.8 Adopt Ordinance 8908-16 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 property whose post office address is 1321 Springdale Street, Clearwater Florida 33755, upon annexation into the city of Clearwater as Residential Low (RL). Page 7 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Ordinance 8908-16 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8908-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.9 Adopt Ordinance 8909-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1321 Springdale Street, Clearwater Florida 33755, upon annexation into the city of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8909-16 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8909-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.10 Adopt Ordinance 8910-16 on second reading, annexing certain real property whose post office address is 1300 Fairfield Drive, Clearwater, Florida 33764, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Ordinance 8910-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8910-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.11 Adopt Ordinance 8911-16 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 property whose post office address is 1300 Fairfield Drive, Clearwater, Florida 33764, upon annexation into the city of Clearwater as Residential Low (RL). Ordinance 8911-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8911-16 on second and final reading. The motion was duly seconded and upon Page 8 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9.12 Adopt Ordinance 8912-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1300 Fairfield Drive, Clearwater, Florida 33764, upon annexation into the city of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8912-16 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8912-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 10. City Manager Reports 10.1 Increase domestic water, lawn water, wastewater collection, and reclaimed water rates by 3.75 percent, effective October 1, 2016; increase same by 3.75 percent every October 1st from 2017 through 2020, and pass Ordinance 8929-16 on first reading. The utility rate increase is needed to provide funding to operate the utility, maintain compliance with debt service coverage requirements, and to support the continuation of capital improvement projects needed to sustain the City's utility infrastructure. Infrastructure improvements are needed for compliance with federal, state and Southwest Florida Water Management District regulations concerning water supply and treatment, the wastewater collection system, the water reclamation facilities, and the reclaimed water system. Burton & Associates has completed a Water and Sewer Revenue Sufficiency Analysis to cover five years of operations. Considerations were to provide adequate revenue to fund utility cost requirements while recognizing the effects of recent minor customer and demand growth, purchased water costs, increasing renewal and replacement requirements. The study covers the period Fiscal Year 2017 through Fiscal Year 2021 and recommends 3.75 percent increases annually for the entire period to be effective October 1, 2016, October 1, 2017, October 1, 2018, October 1, 2019, and October 1, 2020. The increases are applicable to domestic water, lawn water, wastewater collection, and reclaimed water. The last rate change, Ordinance 8266-11, was approved on June 2, 2011 and provided for increasing domestic water, lawn water, wastewater collection and reclaimed water rates by 4.5 percent in Fiscal Years 2012 through 2016. Page 9 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 In response to a question, Public Utilities Director Dave Porter said previously the rate was scheduled to go up by 4%, but the item before Council is to go up by 3.75%. Vice Mayor Jonson moved to increase domestic water, lawn water, wastewater collection, and reclaimed water rates by 3.75 percent, effective October 1, 2016; increase same by 3.75 percent every October 1st from 2017 through 2020. The motion was duly seconded and carried unanimously. Ordinance 8929-16 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 8929-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 10.2 Support a countywide bike sharing plan and adopt Resolution 16-20. The Pinellas County MPO’s (aka Forward Pinellas) Bike Share Feasibility Study evaluated the potential for a countywide bike share program and concluded that downtown St. Petersburg, downtown Clearwater, and the Gulf beaches were areas where bike sharing could be successful. Forward Pinellas authorized staff to work with interested local governments to develop a bike sharing program that meets local transportation needs. Various members of city staff have worked with Forward Pinellas and other municipalities in developing the proposed resolution to support the development of a Countywide Bike Sharing Plan. This resolution is worded to be universal across Pinellas County. There are no costs associated with the resolution at this time and staff recommends approval of the resolution. Councilmember Cundiff moved to support a countywide bike sharing plan. The motion was duly seconded and carried unanimously. Resolution 16-20 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 16-20. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Page 10 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Councilmember Cundiff and Councilmember Hamilton 10.3 Approve roadway conversions of Coronado Drive to one-way southbound and Hamden Drive to one-way northbound and authorize the appropriate officials to execute same. Traffic Operations staff previously presented a proposal to convert Coronado Drive and Hamden Drive on Clearwater Beach to a one-way pair. Since then, city staff has conducted several public outreach events and information distribution initiatives to obtain input from residents and business owners on Clearwater Beach. The limits of the roadway conversions would be First Street on the north end and Gulfview Boulevard/Hamden Drive on the south end. The goal is to reduce travel time through the area between First Street/Coronado Drive and Gulfview Blvd./Hamden Drive (the box) southbound after clearing the signal at Coronado Drive and Gulfview, while reducing the travel time northbound through the box. In addition to the one way pair operation, the recently installed “queuing trigger” for northbound Coronado Drive will assist with reducing delay northbound on Coronado Drive. A shorter travel time across the box is a shorter travel time for the overall trip outside of the box. Beach by Design also mentions one-way pairs as proposed as one of the options for reducing delay. However, it does mention higher speeds as one consequence of adopting one-way operations but that is an enforcement matter that could be mitigated by all way stops at Third Street and Fifth Street on each corridor. The latest spreadsheet showing the output of three tiers of the transportation model run was updated on July 1, 2016. It shows updated hotel room numbers on tier 3, which is the future scenario model run including all new hotel rooms. There is also a bar graph representation of the same information on the spreadsheet (Page 2). The initial cost to carry out the roadway conversions is approximately $10,000 and shall be paid for by the Streets & Sidewalks Capital Improvement Project. Maintenance will be handled by Traffic Operations and there is no anticipated increase in maintenance costs. Based on all the data, modeling, research, and public outreach events, city staff recommends approval to convert Coronado Drive to one-way southbound and Hamden Drive to one-way northbound. Page 11 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 APPROPRIATION CODE AND AMOUNT: 0315-92277-562700-541-000-0000 Traffic Operations Manager Paul Bertels said after Monday’s work session, staff has provided Council a recommendation regarding a decorative fence on the east side of Coronado Drive to the roundabout entryway that would prevent pedestrians from jaywalking the roadway, eliminating the crosswalk at Crabby Bill’s, and maintaining the existing pedestrian signal at the Pirate Ship. All of the pedestrian traffic would cross at the Pirate Ship point. Mr. Bertels said these changes, along with the queuing trigger implemented three weeks ago, would assist with pedestrian safety and supplement the one-way pairs proposal. The queuing trigger is working well. It was suggested that instead of a one-year experiment, Council consider a six-month experiment; beginning January through May, with the data evaluated and presented in June. Councilmember Hamilton moved to amend Item 10.3 to include a five-month trial, beginning January 1, 2017 through May 31, 2017, with data evaluated and presented in June 2017. The motion was duly seconded. Upon the vote being taken, Mayor Cretekos and Councilmembers Caudell and Hamilton votes “Aye;” Vice Mayor Jonson and Councilmember Cundiff voted “Nay.” Motion carried. In response to questions, Mr. Bertels said staff recommended that the decorative fencing be placed on the east side of Coronado Drive in order to maintain the water view on the west side open. There was no northern alternative location for the pedestrian signal. If the crosswalk in front of Crabby Bill’s is removed, the bricks would be removed and the center medians would be joined. Staff believes the decorative fencing is not dependent on the one-way pair proposal. Mr. Bertels said staff is considering placing the fencing down the median on Mandalay Avenue, due to the lack of landscaping on each side of Mandalay Avenue behind the curb. He said staff is recommending removing the crosswalk at Hooters and installing a no-demand pedestrian signal, with the decorative fencing down the median. Removing the crosswalks on the north side and south side of the roundabout are independent of each other. Mr. Bertels said these crosswalks impact the traffic flow to such a degree that they threaten to lock-up the roundabout. Pedestrians generally walk along the sidewalk and cross at the Hooters crosswalk; if the recommendations are approved, pedestrians will have to Page 12 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 cross at the Hilton crosswalk. Councilmember Caudell moved to pursue staff recommendations to removing the crosswalks from Coronado Drive to the south side. The motion was duly seconded. Upon the vote being taken, Mayor Cretekos and Councilmembers Caudell and Hamilton voted “Aye;” Vice Mayor Jonson and Councilmember Cundiff voted “Nay.” Motion carried. Staff was directed to provide Council with plans regarding the crosswalk removal on the northern side at a future meeting. Councilmember Cundiff moved to amend Item 10.3 to withdraw the concept of one-way pairing. The motion was seconded. Upon the vote being taken, Vice Mayor Jonson and Councilmember Cundiff voted “Aye;” Mayor Cretekos and Councilmembers Caudell and Hamilton voted “Nay.” Motion failed. It was stated that a recent newspaper article highlighted that jaywalking is allowed by state law. In response to a question, it was stated that Item 10.3 was amended to include the 5-month trial period and the pedestrian improvements south of the roundabout . Nine individuals spoke in opposition, with one individual submitting signatures for an online petition opposing the one-way pair proposal. One individual questioned the fence height and composition. It was stated that Council would discuss that a future date. One individual requested delaying the vote by six months to allow improvements and construction projects be completed. The Council recessed from 8:02 p.m. to 8:09 p.m. Four individuals spoke in opposition. In response to questions, Mr. Bertels said the one-way pair recommendation would ultimately reduce the delay for people traveling in that area and make it safer for pedestrians to cross Coronado Drive. The Federal Highway Administration published a report that shows when two-way streets are converted to one-way streets, the accident rates for pedestrians decreases Page 13 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 dramatically. In Denver, one-way streets were reverted back to two-way streets and the accident rates for pedestrians increased by 37%. Discussion ensued with concerns expressed that if the one-way pair recommendation is not pursued, residents would continue to complain about the traffic. It was suggested that the one-way pair recommendation not be pursued since there is no public support. It was stated that the one-way pair experiment is needed at some point to verify if the recommendation can improve the traffic delay. Councilmember Cundiff moved to strike the one-way pair recommendation (from Item 10.3 as amended). The motion was duly seconded. Upon the vote being taken, Vice Mayor Jonson and Councilmembers Caudell, Hamilton, and Cundiff voted “Aye;” Mayor Cretekos voted “Nay.” Motion carried. Councilmember Caudell moved to approve the pedestrian barriers along Coronado to the south end of the roundabout as detailed by staff’s drawing. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Jonson thanked the Mayor and police volunteers for attending the North Greenwood Cleanup organized by the Police Department and the Pinellas Trail Organization and apologized for not recognizing him while speaking at the event. He thanked Code Enforcement and the Municipal Code Enforcement Board for actions taken regarding 2813 Long View Lane. He received a complaint regarding an area of the beach becoming a dog beach. He said he was thrilled with the turnout at the Imagine Clearwater workshops and said there was a great deal of energy in the meetings and the pressure is on the city and consultants to come up with a plan to implement. Councilmember Caudell said that a joint meeting between Forward Pinellas and the PSTA was successful and they are moving forward on several modes of transportation with focus on complete streets and the trail and pedestrian safety. Councilmember Hamilton said school starts back on Wednesday and to allow extra time for your morning commute. 13. Closing Comments by Mayor Page 14 City of Clearwater Draft City Council Meeting Minutes August 4, 2016 Mayor Cretekos reviewed recent and upcoming events and thanked those who attended tonight’s meeting. He reminded all that school is back in session next week and urged drivers to be careful. 14. Adjourn The meeting adjourned at 8:53 p.m. Mayor City of Clearwater Attest City Clerk Page 15 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2647 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a contract in the amount of $489,671.00 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, plus an additional $40,000.00 contingency for any excess services provided by the Sheriff, during the one-year contract period commencing October 1, 2016 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered latent fingerprint examination, crime scene processing services, property/evidence storage and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2016/2017 is $489,671.00. This reflects a 5% increase from the $465,740 amount budgeted in Fiscal Year 2015/2106. The amount is a decrease from the actual cost in Fiscal Year 2014/2105 of $513,288.83. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - 1,200 cases @ $80.38 each, totaling $96,456.00; Forensic Science Services (Crime Scene Processing) - 1,100 calls for service @ $218.65 each, totaling $240,515; Evidence, Property Service and Storage - 10,000 items @ $11.28 each, totaling $112,800; Pinellas Juvenile Assessment Center (PJAC) - 475 bookings @ $84.00 each, totaling $39,900. Requests for services in excess of the number of contractual calls will be invoiced separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the City. The $40,000.00 contingency amount will cover the number of calls for service should they exceed those outlined in the proposed contract. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement and contingency funds are available in the Police Department’s fiscal year 2016/2017 operating budget, 010-01155-530300-521-000. Page 1 City of Clearwater Printed on 8/16/2016 File Number: ID#16-2647 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2591 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Clearwater Beach Route Funding Agreement between Pinellas Suncoast Transit Authority (PSTA) and the City of Clearwater for an amount not to exceed $215,092.75 and authorize the appropriate officials to execute same. (consent) SUMMARY: City staff has worked with Pinellas Suncoast Transit Authority (PSTA) to develop a Clearwater Beach Route Funding Agreement between both agencies that would allow the City of Clearwater to contribute towards PSTA’s financial obligations under the Jolley Trolley agreement for Clearwater Beach routes. The Funding Agreement and Jolley Trolley Services Agreement cover Jolley Trolley services beginning October 1, 2016 through September 30, 2017 and current Jolley Trolley service routes. The Jolley Trolley Services Agreement also outlines that both the City and PSTA understand that a Farebox Recovery Goal and Advertising Goal have been set. The City of Clearwater’s base contribution is not to exceed $182,503, but does not include the potential payment for a shortfall of the Advertising Recovery Goal. This potential payment would be the lesser of (a) the difference between the advertising revenue collected and the Advertising Recovery Goal or (b) $32,589.75. City staff recommends approval of the Clearwater Beach Route Funding Agreement between PSTA and the City of Clearwater for an amount not to exceed $215,092.75. APPROPRIATION CODE AND AMOUNT: 0435-01333-582000-545-000-0000 $182,503.00 0435-01333-582000-545-000-0000 $ 32,589.75 Funds are included in the proposed FY2017 Parking System Operating Budget for the base contribution. A future budget amendment will be requested, if required, to fund the Advertising Recovery Goal. Page 1 City of Clearwater Printed on 8/16/2016 CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this ____ day of __________, 2016, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at at 112 South Osceola Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, PSTA, by and through the draft agreement with Jolley Trolley Transportation of Clearwater, Inc. dated September ___, 2016 (the “Jolley Trolley Agreement”) (attached hereto as Exhibit 1) intends to engage the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA will not enter into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated by this Agreement. WHEREAS, City of Clearwater, recognizing the benefits of the Clearwater Beach Route provided by the Trolley Services will bring, desires to make a contribution to PSTA toward PSTA’s financial obligations under the Jolley Trolley Agreement, on the terms and conditions set forth herein; and NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA’s financial obligations under the Jolley Trolley Agreement for Clearwater Beach Route for base service costs for the period beginning October 1, 2016 and ending September 30, 2017 at a cost not to exceed $182,503.1 PSTA shall send an invoice to City of Clearwater no later than the 15th day of the month following the service which will be based on actual revenue hours provided to PSTA by Jolley Trolley. The contributions made under this Agreement and sent via invoice will be paid directly to PSTA on the 15th day of the month following receipt of each invoice (such that the first payment shall be due on November 15, 2016). In any event, the total contribution amount for City of Clearwater shall not exceed the amount set forth on Page 18 of Exhibit 1. 1 The base service cost does not include the potential payment for any shortfall in the Advertising Recovery Goal as set forth in Paragraph 6. Page 2 of 3 3. ADDITIONAL GRANT FUNDING. Any additional grant funding afforded to the Jolley Trolley from City of Clearwater shall not be subject to PSTA review unless specifically requested. 4. FAILURE TO MAKE PAYMENTS. In the event City of Clearwater fails to make the payments provided in Section 2 above, PSTA may cancel this Agreement, which may result in the termination of the Trolley Services. 5. FAREBOX RECOVERY GOAL. The Parties understand that both a Farebox Recovery Goal and an Advertising Goal has been set as set forth on Page 17 of Exhibit 1. The Parties agree that PSTA shall be responsible for ensuring Jolley Trolley receives the Farebox Recovery Goal. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform a farebox revenue reconciliation which compares the farebox revenue forecast with the actual farebox revenue (the “Farebox Reconciliation”). If the farebox income collected exceeds the farebox recovery goal set forth on Page 18 of Exhibit 1 (the “Farebox Recovery Goal”), no additional payment shall be due to Jolley Trolley. However, if the farebox income collected is less than the Farebox Recovery Goal, PSTA shall be responsible to pay the amount equal to the difference between the fares collected and the Farebox Recovery Goal. 6. ADVERTISING RECOVERY GOAL. The Parties understand that an Advertising Goal has been set as set forth on Page 18 of Exhibit 1. The Parties agree that the City of Clearwater shall be responsible for ensuring that Jolley Trolley receives the Advertising Recovery Goal. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform an advertising revenue reconciliation which compares the advertising revenue forecast with the actual advertising revenue (the “Advertising Reconciliation”). If the advertising revenue income collected exceeds the advertising recovery goal set forth on Page 18 of Exhibit 1 (the “Advertising Recovery Goal”), no additional payment shall be due to Jolley Trolley. However, if the advertising revenue collected is less than the Advertising Recovery Goal, the City of Clearwater shall be responsible to pay the lesser of either (a) the amount equal to the difference between the advertising revenue collected and the Advertising Recovery Goal or (b) or $32,589.75. PSTA may make sure payment to Jolley Trolley directly and then seeks reimbursement from the City of Clearwater. The City of Clearwater shall make any such payment within thirty (30) days receipt of any such bill. Page 3 of 3 7. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate upon the expiration or termination of the Jolley Trolley Agreement, however terminated. 8. REPRESENATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY ____________________________ By: _____________________________________ Witness Brad Miller, Chief Executive Officer ____________________________ Witness Approved as to Form: ________________________________________ Alan S. Zimmet, Esq. General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ By: ______________________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Attest: Approved as to Form: ____________________________ ________________________________________ Rosemarie Call, MPA, CMC Pam Akin, City Attorney City Clerk PSTA/Jolley Trolley FY17 Services Agreement Page 1 of 24 JOLLEY TROLLEY SERVICES AGREEMENT THIS AGREEMENT is entered into on this day of __________2016 by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., (“Jolley Trolley”), with its principal place of business located at 410 North Myrtle Avenue, Clearwater, Florida 33755 (collectively referred to as the “Parties”). WHEREAS, Jolley Trolley currently provides fixed route services to the public from Clearwater Beach to Downtown Clearwater to Dunedin, the unincorporated area of Palm Harbor and Tarpon Springs (the Coastal Route); and WHEREAS, Jolley Trolley currently provides fixed route services to the public from - Island Estates, Clearwater Beach, and Sand Key (the Beach Route); and WHEREAS, Jolley Trolley currently provides fixed route services to the public from Harborview Center to the Clearwater Marine Aquarium (“CMA”) as part of the Beach Route; and WHEREAS, Jolley Trolley currently provides fixed route services to the public from the Safety Harbor Resort and Spa located at 105 North Bayshore, Countryside Mall and Downtown Dunedin (the Safety Harbor Route); and WHEREAS, the Parties desire to continue these four fixed route services “the Routes” on the terms and conditions stated herein; and WHEREAS PSTA wishes to fund the Routes in accordance with the terms and conditions stated herein; and WHEREAS, Jolley Trolley wishes to accept such funding in accordance with the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual covenants and premises hereinafter made by PSTA and Jolley Trolley and further good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged by the Parties, it is agreed that: SECTION 1 RECITALS 1.1 The above recitals are true and correct and incorporated herein. SECTION 2 SCOPE OF SERVICES 2.1 USE OF FUNDS. Jolley Trolley shall use the funds provided under this Agreement solely for the purposes and obligations set forth in this Agreement. No funds provided to Jolley PSTA/Jolley Trolley FY17 Services Agreement Page 2 of 24 Trolley pursuant to the terms of this Agreement shall be used by Jolley Trolley to operate private charters or private narrated tours. All funds provided to Jolley Trolley under this Agreement shall be kept separate and segregated from the funds used to provide or offer private charter services. 2.2 SERVICES. Jolley Trolley shall provide services as follows below. However, it is understood by Jolley Trolley that service parameters may change during this contract and the below may not be the final and complete description of services. PSTA staff will review all schedules for any routes. Any changes to the service or contract will be negotiated and be included as an amendment as needed, in agreement with the Jolley Trolley. 2.2.1 COASTAL ROUTE A fixed route service from Clearwater Beach and Downtown Clearwater to Dunedin, to unincorporated Palm Harbor, and to the Tarpon Springs Sponge Docks, Alternate 19 as depicted in the service map, attached hereto as Exhibit A. Jolley Trolley may provide additional service of up to eighteen (18) weekly hours (936 annual hours) to supplement and ensure the schedule provided in this Section. 2.2.2 BEACH ROUTE. A fixed route service as depicted in the route map, attached hereto as Exhibit B (the “Beach Route”). In addition Jolley Trolley shall provide additional service on the Beach Route and as needed due to traffic delays, congestion, special events, etc. Jolley Trolley may provide additional service of up to 487annual hours to supplement and ensure the schedule provided in this Section. 2.2.3 SAFETY HARBOR ROUTE. A fixed route service from Dunedin to Summerdale/Rt. 580 to Safety Harbor; and as depicted in the service map, attached hereto as Exhibit C (the “Safety Harbor Route”). Jolley Trolley shall provide the Route on Friday, Saturday and Sunday on the schedule hours set forth in Exhibit C, and shall maintain, at a minimum, a sixty (60) minute headway frequency at all times. Jolley Trolley shall operate the Route with a timed connection to the Coastal Route until the planned service change in February 2017. 2.2.4 CLEARWATER MARINE AQUARIUM ROUTE. A fixed route service available to the public between Harborview Center and the Clearwater Marine Aquarium. 2.3 MAINTENANCE OF FARES. Jolley Trolley shall maintain the fares charged for the service on the Routes throughout the term of this Agreement so that fares charged by Jolley Trolley for services on the Routes are equal to those charged by PSTA, including any changes to PSTA’s present fare structure that are made by PSTA, at PSTA’s sole discretion, during the term of this Agreement. The fares charged by Jolley Trolley for the Routes shall comply with all federal and state laws, regulations and rules. All Jolley Trolley routes, fares, and scheduled services or substantial changes to these, must be reviewed by PSTA’s Chief Executive Officer or his/her designee if they relate to the s ervices described above. PSTA/Jolley Trolley FY17 Services Agreement Page 3 of 24 A substantial route change is any change of service of 25 percent or more of transit route miles of a route, or 25 percent or more of the number of transit revenue vehicle miles of a route completed on a daily basis for the day of the week for which the change is made. If a public hearing is necessary for a substantial route change, PSTA will be responsible to hold any meetings required by the substantial route change. In concert with PSTA, Jolley Trolley shall post notices as required and approved by PSTA, in accordance with PSTA rules and regulations, to inform passengers prior to any substantial route changes and all fare changes. 2.4 ENCODED PASSES AND TRANSFERS. Jolley Trolley shall accept all PSTA encoded passes, magnetic stripe, and flash passes, and shall distribute free transfers to its passengers on the Routes which shall allow its passengers to ride PSTA operated fixed route service. Jolley Trolley shall accept employee passes issued by PSTA and Hillsborough Area Regional Transit (“HART”) and others holding PSTA’s retiree or lifetime passes and shall not charge these riders any fare for riding the Routes. PSTA and HART shall also give free rides to Jolley Trolley employees with employee badges. The CMA Route is free to all passengers. 2.5. FARE COLLECTION TECHNOLOGIES. Jolley Trolley shall participate in fare collection technology updates, as part of the Regional Revenue Collection and Interjurisdictional Mobility Project; specifically, a mobile application to be implemented in fiscal year 2017 and any smartcard technology as implemented beyond fiscal year 2017. PSTA will assist Jolley Trolley in fiscal year 2017 with any on-board equipment needed for the deployment of this technology whether through loan or purchase. 2.6 SHARED STOPS & SIGNAGE. Jolley Trolley shall accept free transfers between Jolley Trolley and PSTA riders at all stops that are shared between Jolley Trolley and PSTA on the Routes. Jolley Trolley shall provide for Jolley Trolley signage at all PSTA stops on the Routes which are shared with Jolley Trolley and shall install Jolley Trolley signage at all stops on the Routes which are not PSTA stops. 2.7 PSTA DECALS. Jolley Trolley shall have a PSTA decal visibly displayed on all vehicles used on the Routes to indicate that PSTA is a partner with Jolley Trolley for the service provided. PSTA shall also have a Jolley Trolley decal visibly displayed on all vehicles used on the Routes to indicate that Jolley Trolley is a partner with PSTA for the service provided. 2.8 WHEELCHAIR ACCESS. Jolley Trolley shall provide wheelchair accessibility in accordance with ADA regulations on all Jolley Trolley vehicles used to provide service on the Routes. 2.9 JOLLEY TROLLEY OPERATIONS. PSTA shall deal directly with Jolley Trolley’s Administrator and shall have no right and agree not to attempt to directly control the activities, work, and daily operations of Jolley Trolley’s employees, including the method of operation for any vehicle. Any rights the other parties may have over Jolley Trolley’s operations shall be PSTA/Jolley Trolley FY17 Services Agreement Page 4 of 24 subordinate to the actions taken by Jolley Trolley to ensure the safety of Jolley T rolley’s operations, for which Jolley Trolley shall remain solely responsible. Jolley Trolley agrees to abide by any regulations PSTA may adopt in the future governing public transit operators in the Pinellas Suncoast Transit area. 2.10 PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide funding which will be used to supplement fares charged by Jolley Trolley to allow service to the Routes. The relationship of the Parties as outlined in this Agreement is that of funding to a provider. No other control or relationship is contemplated by this Agreement. SECTION 3 CONTRACT TERM 3.1 TERM. This Agreement shall be effective for a twelve (12) month period commencing October 1, 2016 and terminating September 30, 2017 (the “Contract Term”). SECTION 4 FUNDING 4.1 FUNDING. PSTA shall provide funding to Jolley Trolley as set forth in Exhibit D. 4.2 BILLING AND PAYMENTS. Jolley Trolley shall provide PSTA with a written request for funding no later than the 10th day of each month for actual service and deadhead hours of the Routes service for the month immediately preceding the invoice. The amount of funding shall be in accordance with the hourly rates set forth in Exhibit D attached hereto and the aggregate amounts requested shall not exceed the funding amounts set forth in Exhibit D (Section 4.1 above). Upon receipt of a written request for funding from Jolley Trolley, PSTA shall remit funding to Jolley Trolley via mail sent out no later than the 20th of each month. 4.3 FAREBOX RECONCILIATION. Within thirty (30) days of the end of the Contract Term, Jolley Trolley and PSTA shall perform a reconciliation which compares the farebox revenue forecast with the actual farebox revenue (the “Farebox Reconciliation”). If the fares collected exceed the farebox recovery goal set forth in Exhibit D (the “Farebox Recovery Goal”), no payment shall be due from PSTA to Jolley Trolley. If the fares collected are less than the Farebox Recovery Goal, PSTA will make payment to Jolley Trolley within thirty (30) days of the Farebox Reconciliation in an amount equal to the difference between the fares collected and the Farebox Recovery Goal. 4.4 ADVERTISING RECONCILIATION. Within thirty (30) days of the end of the Contract Term, Jolley Trolley and PSTA shall perform a reconciliation which compares the advertising revenue forecast with the actual advertising revenue (the “Advertising Reconciliation”). If the advertising revenue collected exceeds the advertising recovery goal set forth in Exhibit D (the “Advertising Recovery Goal”), no payment shall be due from PSTA to Jolley Trolley. If the advertising revenue collected is less than the Advertising Recovery Goal, PSTA will make payment to Jolley Trolley within thirty (30) days of the Advertising Reconciliation in an amount equal to the difference between the advertising revenue collected and the Advertising Recovery Goal. PSTA/Jolley Trolley FY17 Services Agreement Page 5 of 24 4.5 MONITORING. PSTA shall receive all reports required under the Agreement and approve, in its sole discretion, all written requests for funding received from Jolley Trolley. 4.6 PSTA PARTNERS. The Parties acknowledge that subject to certain Memoranda of Understanding, that certain PSTA Partners will be making contribution to PSTA toward PSTA’s financial obligations under this Agreement; and further that PSTA will not enter into this Agreement without the shared contributions of those PSTA Partners. SECTION 5 EXPENDITURES AND FUNDING REPORTS 5.1 RECORDS. All costs charged against the funding provided under this Agreement, including any approved services contributed by Jolley Trolley, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers which shall set forth in detail the nature and propriety of the charges. Jolley Trolley shall, at all times during normal business hours, make available for examination all Jolley Trolley records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the Parties and/or their designated authorized representatives to audit and examine all records, books, documents, papers, data, and any other material related to this Agreement. All such records, books, documents, papers, data and any other material related to this Agreement shall be retained for four (4) years from the termination date of this Agreement. All records that are subject to audit as set forth in Section 5.3 shall be retained for four (4) years in the manner prescribed above or until such audit findings have been resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by the statutes of the State of Florida. 5.2 REPORTS. Jolley Trolley shall provide monthly reports to PSTA summarizing ridership, miles, hours, free rides, financials, and other statistical information as required. Jolley Trolley reports shall include data of rider surveys on the Routes that are conducted periodically and randomly by Jolley Trolley in accordance with federal regulations. PSTA shall be copied on any reports or correspondence distributed to any of the indirect funding partners. PSTA shall also be notified of any verbal communication with any of the indirect funding partners affecting the service on the Routes. 5.3 AUDIT. Within sixty (60) days of the end of the term of this Agreement, Jolley Trolley shall deliver to PSTA a financial audit, to include findings as to Jolley Trolley’s compliance with the terms of this Agreement. The audit report and audited financial statements shall be prepared by an independent CPA licensed to practice in the State of Florida. Jolley Trolley shall also submit within 60 days an NTD audit, in compliance with all required procedures related to the system for reporting and maintaining data in accordance with the National Transit Database (NTD) requirements and definitions set forth in 49 CFU Part 630, Federal Register, January 15, 1993, and as presented in the NTD Reporting Manual. In addition, all information must be submitted to PSTA that is required for PSTA to prepare PSTA’s and Jolley Trolley’s annual NTD Report for submission to the Federal Transit Administration. PSTA/Jolley Trolley FY17 Services Agreement Page 6 of 24 SECTION 6 NOTICES 6.1 REQUIREMENTS. All notices required or made pursuant to this Agreement shall be made in writing and sent by certified mail, return receipt requested, by personal delivery to the party to whom notice is given, or by facsimile, if a number listed below. Notices shall be sent to the Parties at the addresses shown below: To PSTA: To Jolley Trolley: Pinellas Suncoast Transit Authority Rosemary Windsor, Executive Director Brad Miller, CEO Jolley Trolley Transportation of Clearwater Inc. 3201 Scherer Drive 410 North Myrtle Avenue St. Petersburg, FL 33716 Clearwater, FL 33755 Facsimile: (727) 540-1913 With required copy to: With required copy to: Alan S. Zimmet, Esq. Debra Gregory, Board Secretary Bryant Miller Olive, P.A. 825 Court Street One Tampa City Center, Suite 2700 Clearwater, FL 33756 Tampa, FL 33602 Phone: (727) 712-2399 Phone: (813) 273-6677 Fax: (727) 712-2367 Fax: (813) 223-2705 6.2 EFFECTIVE DATE. Notices shall be deemed effective and complete at the time of receipt if mailed, or upon receipt if otherwise delivered. SECTION 7 COMPLIANCE WITH LAWS AND GOVERNING LAW 7.1 COMPLIANCE WITH LAWS. Jolley Trolley shall comply with all federal, state, county and local laws, rules and regulations applicable to PSTA. This includes all applicable regulations of the Federal Transit Administration (FTA) and Florida Department of Transportation, including but not limited to those regulations requiring a System Safety Program Plan, a Security Program Plan, a Continuity of Operations Plan, drug and alcohol regulations, FTA regulations governing fares, ADA regulations, and any local regulations PSTA may adopt in the future governing public transit operators within PSTA’s service area. Jolley Trolley shall also comply with all applicable laws regarding drug-free workplaces. 7.2 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-540-1806, RGarofalo@psta.net, 3201 Scherer Drive N, St. Petersburg, FL 33716. PSTA/Jolley Trolley FY17 Services Agreement Page 7 of 24 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the Pinellas Suncoast Transit Authority (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award PSTA/Jolley Trolley FY17 Services Agreement Page 8 of 24 against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 7.3 GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida. Venue for any state legal action shall lie solely in the Sixth Judicial Circuit in and for Pinellas County, Florida, and for any federal legal actions shall lie solely in the U.S. District Court, Middle District of Florida, Tampa Division. 7.4 ATTORNEYS’ FEES. In the event a party to this Agreement should bring suit against any other party in respect to any matters provided for herein, the prevailing party shall be entitled to recover from the non-prevailing party its costs of court, legal expenses and reasonable attorneys’ fees, including any such costs, expenses or fees incurred in an appeal. SECTION 8 INDEMNIFICATION 8.1 INDEMNIFICATION. Jolley Trolley shall indemnify, defend, and hold harmless PSTA and PSTA’s directors, officers, employees, and agents from and against any and all losses, liabilities, damages, injuries, claims, suits, demands, costs and expenses of every kind and nature, including attorney’s fees, and including claims for equitable relief of any kind or nature, arising out of or in connection with in any way any act, error, or omission committed during the performance of the services to be provided by Jolley Trolley under this Agreement, including but not limited to Jolley Trolley’s provision of public transit service, or in any way arising out of this Agreement. For purposes of this indemnification provision, Jolley Trolley hereby waives its entitlement, if any, to immunity under Chapter 440, Florida Statutes. Nothing in this Section shall be construed as a waiver of any immunity that PSTA may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Jolley Trolley shall require that any contractor or subcontractor with whom Jolley Trolley contracts for the operation of all or part of its service or for the maintenance of its vehicles execute a hold harmless agreement agreeing to indemnify PSTA under the same terms of this Paragraph. The provisions of this Paragraph shall survive the termination of this Agreement, however terminated. PSTA/Jolley Trolley FY17 Services Agreement Page 9 of 24 8.2 WAIVER OF LIABILITY. PSTA shall have no liability or responsibility for any acts or omissions of Jolley Trolley or of Jolley Trolley’s agents, servants, contractors, subcontractors, or employees or for any property of Jolley Trolley, its agents, servants or employees or any other person’s property which is damaged, lost or stolen. SECTION 9 INSURANCE 9.1 INSURANCE. Jolley Trolley shall maintain the following insurance coverage during the term of this Agreement pursuant to the terms set forth in Exhibit E and which are hereby incorporated by reference as if set forth fully in this Section. SECTION 10 TERMINATION 10.1 FOR CAUSE. If any party to this Agreement fails to comply with its respective obligations, provisions, and covenants hereunder, the other Parties may terminate this Agreement for cause upon written notice of termination which sets forth the manner of default or breach and the party’s intention to terminate this Agreement. The terminating party shall allow seven (7) days for the breaching party to cure the breach or default, unless the breach arises from the misuse or misapplication of funds, fraud, or misfeasance, in which case, no opportunity to cure shall be afforded. When an opportunity to cure is provided, the notice of termination shall state the time period in which the cure is permitted and other appropriate conditions. If the breaching party fails to remedy the breach or default to the terminating party’s satisfaction, within the time period set forth in the notice of termination when an opportunity to cure is provided, the terminating party shall have the right to terminate this Agreement. 10.2 NON-APPROPRIATION. In the event PSTA’s Board of Directors determines not to appropriate the necessary funds for this Agreement, then this Agreement shall terminate without any party having any further responsibility to the other. 10.3 REMEDIES. Any such termination for default shall not in any way operate to preclude the non-breaching parties from pursuing all available legal remedies against the breaching party for said breach or default. If Jolley Trolley fails to comply with its respective obligations, such available remedies that may be sought by PSTA against Jolley Trolley shall include but be not limited to specific performance and the refund of any funds paid to Jolley Trolley. 10.4 WAIVER. In the event that a party elects to waive its remedies for any breach of any covenant, term or condition of this Agreement, such waiver shall only be valid if set forth in writing and signed by the waiving party and shall not limit the remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. SECTION 11 MISCELLANEOUS 11.1 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and shall be binding on their legal representatives, successors and assigns. This PSTA/Jolley Trolley FY17 Services Agreement Page 10 of 24 Agreement shall not be effective until executed by an authorized representative of PSTA and an authorized representative of Jolley Trolley and cannot be amended or altered in any way unless such amendment be in writing and signed by an authorized representative of PSTA and by an authorized representative of Jolley Trolley. No forbearance to exercise any right or privilege under this Agreement shall constitute a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance had occurred. 11.2 MODIFICATION. This Agreement shall not be modified except by written instrument signed by each of the Parties. 11.3 ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto, but the Parties may not assign this Agreement or any rights hereunder without first obtaining the written consent of the other Parties. Notwithstanding the foregoing, Jolley Trolley shall not assign this Agreement. 11.5 HEADINGS. All sections and descriptive subheadings of paragraphs of this Agreement are inserted for convenience only and shall not affect the construction of the interpretation hereof. 11.6 SEVERABILITY. If any provision or portion of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be severable and the remainder of the Agreement shall not be affected. 11.7 COUNTERPARTS. This Agreement may be executed in one or more counterparts, the whole of which shall constitute a single fully executed agreement. 11.8 ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto, but the Parties may not assign this Agreement or any rights hereunder without first obtaining the written consent of the other Parties. Notwithstanding the foregoing, Jolley Trolley shall not assign this Agreement. 11.9 AUTHORIZATION. The undersigned represent and warrant that they have full authority to execute this Agreement on behalf of their respective parties without the consent or joinder of any other person or party. PSTA/Jolley Trolley FY17 Services Agreement Page 11 of 24 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their authorized representatives as of the date above. PINELLAS SUNCOAST TRANSIT AUTHORITY ____________________________ By: _____________________________________ Witness Brad Miller, Chief Executive Officer ____________________________ Approved as to Form Alan S. Zimmet, Esq. General Counsel JOLLEY TROLLEY OF CLEARWATER, INC. ____________________________ By: _____________________________________ Witness Rosemary Windsor, Executive Director PSTA/Jolley Trolley FY17 Services Agreement Page 12 of 24 EXHIBIT A The Coastal Route PSTA/Jolley Trolley FY17 Services Agreement Page 13 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 14 of 24 EXHIBIT B The Beach Route PSTA/Jolley Trolley FY17 Services Agreement Page 15 of 24 EXHIBIT C The Safety Harbor Route PSTA/Jolley Trolley FY17 Services Agreement Page 16 of 24 EXHIBIT D Funding Formulas PSTA/Jolley Trolley FY17 Services Agreement Page 17 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 18 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 19 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 20 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 21 of 24 PSTA/Jolley Trolley FY17 Services Agreement Page 22 of 24 EXHIBIT E Insurance Requirements For Purposes of this Exhibit “Contractor” shall mean and refer to Jolley Trolley as defined in this Agreement. Insurance. The Contractor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below prior to start of the contract. Prior to beginning work (including pre-staging personnel and material), the Provider shall obtain insurance at his expense. Any penalties and failure to perform assessments shall be imposed as if the work commenced as scheduled. In the event the Provider has Subcontractors perform any portion of the work in this contract, either the Provider shall name those Subcontractors as “additional insurers” or each Subcontractors shall be required to have the same insurance requirements as the Provider. Insurance must be maintained throughout the entire term. Failure to do so may result in suspension of all work until insurance has been reinstated or replaced or termination of the Agreement. Delays in completing work resulting from failure of the Provider to maintain insurance shall not extend deadlines. For projects with a Completed Operations exposure, the Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. Any penalties and failure to perform assessments shall be imposed as if the work had not been suspended. Coverage shall be provided by a company (ies) authorized to do business in the State of Florida. The company (ies) must maintain a minimum rating of A- VIII as assigned by AM Best. Prior to start of the contract, Provider shall forward properly executed and approved Certificates of Insurance to evidence compliance with the insurance requirements as listed below. A copy of endorsement(s) and the additional insured need to be attached to the certificates. If the Provider has been approved by the State Department of Labor, as an authorized self-insurer for Workers’ Compensation, PSTA shall recognize and honor such status. The Provider may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Provider’s Excess Insurance Program. If the Provider participates in a self-insurance fund, updated financial statements may be required upon request. The Provider shall provide to PSTA’s Purchasing Division satisfactory evidence of the required insurance, either: A Certificate of Insurance with an insurance endorsement A Certified copy of the actual insurance policy. PSTA, at its sole option, has the right to request a certified copy of policies required by this contract. Certificate of Insurance and policies must specify they are not subject to cancellation, non-renewal, material change, or reduced coverage unless at least 30 days’ notice is given to PSTA. The acceptance and approval of the Provider’s Insurance shall not be construed as relieving the Provider from liability or obligation assumed under this contract or imposed by law. PSTA, its employees and officers will be included as “Additional Insured” on all policies, except Workers’ Compensation and Professional Liability. PSTA/Jolley Trolley FY17 Services Agreement Page 23 of 24 Any certificate of insurance evidencing coverage provided by leasing company for either workers’ compensation or Commercial General Liability shall have a list of covered employees certified by the leasing company attached to the certificate of insurance. PSTA shall have the right, but not the obligation to determine that the Contractor is only using employees named on such a list to perform work for the County. Should employees not named be utilized by the Contractor, PSTA has the option to stop work without penalty to PSTA until proof of coverage or removal of the employee by the Contractor occurs, or alternately find the Contractor to be in default and take other protective measures as needed. All insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of PSTA from the Contractor and subcontractor (s). Requirements – Commercial General Liability with, at minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits shall be $1,000,000 Combined Single Limit (CSL) with $2,000,000 Aggregate An Occurrence Form policy is preferred. If coverage is a Claims Made policy, provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the expiration of the contract. Vehicle Liability – Recognizing that the work governed by this contract requires the use of vehicles, the Provider, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non-owned, and Hired Vehicles with minimum limits at $1,000,000 Combined Single Limit (CSL) Workers’ Compensation – Prior to beginning work, Provider shall obtain Workers’ Compensation Insurance with limits sufficient to meet Florida Statute 440. Provider shall maintain throughout, Employers’ Liability Insurance with limits no less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this ____ day of __________, 2016, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at at 112 South Osceola Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, PSTA, by and through the draft agreement with Jolley Trolley Transportation of Clearwater, Inc. dated September ___, 2016 (the “Jolley Trolley Agreement”) (attached hereto as Exhibit 1) intends to engage the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA will not enter into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated by this Agreement. WHEREAS, City of Clearwater, recognizing the benefits of the Clearwater Beach Route provided by the Trolley Services will bring, desires to make a contribution to PSTA toward PSTA’s financial obligations under the Jolley Trolley Agreement, on the terms and conditions set forth herein; and NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA’s financial obligations under the Jolley Trolley Agreement for Clearwater Beach Route for base service costs for the period beginning October 1, 2016 and ending September 30, 2017 at a cost not to exceed $182,503.1 PSTA shall send an invoice to City of Clearwater no later than the 15th day of the month following the service which will be based on actual revenue hours provided to PSTA by Jolley Trolley. The contributions made under this Agreement and sent via invoice will be paid directly to PSTA on the 15th day of the month following receipt of each invoice (such that the first payment shall be due on November 15, 2016). In any event, the total contribution amount for City of Clearwater shall not exceed the amount set forth on Page 18 of Exhibit 1. 1 The base service cost does not include the potential payment for any shortfall in the Advertising RecoveryEstimate as set forth in Paragraph 6. Page 2 of 3 3. ADDITIONAL GRANT FUNDING. Any additional grant funding afforded to the Jolley Trolley from City of Clearwater shall not be subject to PSTA review unless specifically requested. 4. FAILURE TO MAKE PAYMENTS. In the event City of Clearwater fails to make the payments provided in Section 2 above, PSTA may cancel this Agreement, which may result in the termination of the Trolley Services. 5. FAREBOX RECOVERY ESTIMATE. The Parties understand that both a Farebox Recovery Estimate and an Advertising Estimate have been set as set forth on Page 18 of Exhibit 1. The Parties agree that PSTA shall be responsible for ensuring Jolley Trolley receives the Farebox Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform a farebox revenue reconciliation which compares the farebox revenue estimate with the actual farebox revenue (the “Farebox Reconciliation”). If the farebox income collected exceeds the farebox recovery estimate set forth on Page 18 of Exhibit 1 (the “Farebox Recovery Estimate”), no additional payment shall be due to Jolley Trolley. However, if the farebox income collected is less than the Farebox Recovery Estimate, PSTA shall be responsible to pay the amount equal to the difference between the fares collected and the Farebox Recovery Estimate. 6. ADVERTISING RECOVERYESTIMATE. The Parties understand that an Advertising Estimate has been set as set forth on Page 18 of Exhibit 1. The Parties agree that the City of Clearwater shall be responsible for ensuring that Jolley Trolley receives the Advertising Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform an advertising revenue reconciliation which compares the advertising revenue estimate with the actual advertising revenue (the “Advertising Reconciliation”). If the advertising revenue income collected exceeds the advertising recovery estimate set forth on Page 18 of Exhibit 1 (the “Advertising Recovery Estimate”), no additional payment shall be due to Jolley Trolley. However, if the advertising revenue collected is less than the Advertising Recovery Estimate, the City of Clearwater shall be responsible to pay the lesser of either (a) the amount equal to the difference between the advertising revenue collected and the Advertising Recovery Estimate or (b) $32,589.75. PSTA may make payment to Jolley Trolley directly and then seek reimbursement from the City of Clearwater. The City of Clearwater shall make any such payment within thirty (30) days receipt of any such bill. Page 3 of 3 7. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate upon the expiration or termination of the Jolley Trolley Agreement, however terminated. 8. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY ____________________________ By: _____________________________________ Witness Brad Miller, Chief Executive Officer ____________________________ Witness Approved as to Form: ________________________________________ Alan S. Zimmet, Esq. General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ By: ______________________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Attest: Approved as to Form: ____________________________ ________________________________________ Rosemarie Call, MPA, CMC Pam Akin, City Attorney City Clerk PSTA/Jolley Trolley FY17 Services Agreement Page 1 of 24 Rev 8-16-16 JOLLEY TROLLEY SERVICES AGREEMENT THIS AGREEMENT is entered into on this day of __________ 2016 by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., (“Jolley Trolley”), with its principal place of business located at 410 North Myrtle Avenue, Clearwater, Florida 33755 (collectively referred to as the “Parties”). WHEREAS, Jolley Trolley currently provides fixed route services to the public from Clearwater Beach to Downtown Clearwater to Dunedin, the unincorporated area of Palm Harbor and Tarpon Springs (the Coastal Route); and WHEREAS, Jolley Trolley currently provides fixed route services to the public from - Island Estates, Clearwater Beach, and Sand Key (the Beach Route); and WHEREAS, Jolley Trolley currently provides fixed route services to the public from Harborview Center to the Clearwater Marine Aquarium (“CMA”); and WHEREAS, Jolley Trolley currently provides fixed route services to the public from the Safety Harbor Resort and Spa located at 105 North Bayshore, Countryside Mall and Downtown Dunedin (the Safety Harbor Route); and WHEREAS, the Parties desire to continue these four fixed route services “the Routes” on the terms and conditions stated herein; and WHEREAS PSTA wishes to fund the Routes in accordance with the terms and conditions stated herein; and WHEREAS, Jolley Trolley wishes to accept such funding in accordance with the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual covenants and premises hereinafter made by PSTA and Jolley Trolley and further good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged by the Parties, it is agreed that: SECTION 1 RECITALS 1.1 The above recitals are true and correct and incorporated herein. SECTION 2 SCOPE OF SERVICES 2.1 USE OF FUNDS. Jolley Trolley shall use the funds provided under this Agreement solely for the purposes and obligations set forth in this Agreement. No funds provided to Jolley Trolley pursuant to the terms of this Agreement shall be used by Jolley Trolley to operate private PSTA/Jolley Trolley FY17 Services Agreement Page 2 of 24 Rev 8-16-16 charters or private narrated tours. All funds provided to Jolley Trolley under this Agreement shall be kept separate and segregated from the funds used to provide or offer private charter services. 2.2 SERVICES. Jolley Trolley shall provide services as follows below. However, it is understood by Jolley Trolley that service parameters may change during this contract and the below may not be the final and complete description of services. PSTA staff will review all schedules for any routes. Any changes to the service or contract will be negotiated and be included as an amendment as needed, in agreement with the Jolley Trolley. 2.2.1 COASTAL ROUTE A fixed route service from Clearwater Beach to Downtown Clearwater, Dunedin, unincorporated Palm Harbor, and the Tarpon Springs Sponge Docks, along Alternate 19 as generally depicted in the service map, attached hereto as Exhibit A A new schedule will be created collaboratively between PSTA and Jolley Trolley staff to expand this route to a 7 day/week service. 2.2.2 BEACH ROUTE. A fixed route service as generally depicted in the route map, attached hereto as Exhibit B (the “Beach Route”). In addition Jolley Trolley shall provide additional service on the Beach Route and as needed due to traffic delays, congestion, special events, etc. 2.2.3 SAFETY HARBOR ROUTE. A fixed route service from Dunedin to Summerdale/Rt. 580 to Safety Harbor; and as generally depicted in the service map, attached hereto as Exhibit C (the “Safety Harbor Route”). Jolley Trolley shall provide the Route on Friday, Saturday and Sunday on the schedule hours set forth in Exhibit C, and shall maintain, at a minimum, a sixty (60) minute headway frequency at all times. Jolley Trolley shall operate the Route with a timed connection to the Coastal Route until the planned service change in February 2017. 2.2.4 CLEARWATER MARINE AQUARIUM ROUTE. A fixed route service available to the public between Harborview Center and the Clearwater Marine Aquarium. 2.3 MAINTENANCE OF FARES. Jolley Trolley shall maintain the fares charged for the service on the Routes throughout the term of this Agreement so that fares charged by Jolley Trolley for services on the Routes are equal to those charged by PSTA, including any changes to PSTA’s present fare structure that are made by PSTA, at PSTA’s sole discretion, during the term of this Agreement. The fares charged by Jolley Trolley for the Routes shall comply with all federal and state laws, regulations and rules. All Jolley Trolley routes, fares, and scheduled services or substantial changes to these, must be reviewed by PSTA’s Chief Executive Officer or his/her designee if they relate to the services described above. A substantial route change is any change of service of 25 percent or more of transit route miles of a route, or 25 percent or more of the number of transit revenue vehicle miles of a route completed on a daily basis for the day of the week for which the change is made. If a public PSTA/Jolley Trolley FY17 Services Agreement Page 3 of 24 Rev 8-16-16 hearing is necessary for a substantial route change, PSTA will be responsible to hold any meetings required by the substantial route change. In concert with PSTA, Jolley Trolley shall post notices as required and approved by PSTA, in accordance with PSTA rules and regulations, to inform passengers prior to any substantial route changes and all fare changes. 2.4 ENCODED PASSES AND TRANSFERS. Jolley Trolley shall accept all PSTA encoded passes, magnetic stripe, and flash passes, and shall distribute free transfers to its passengers on the Routes which shall allow its passengers to ride PSTA operated fixed route service. Jolley Trolley shall accept employee passes issued by PSTA and Hillsborough Area Regional Transit (“HART”) and others holding PSTA’s retiree or lifetime passes and shall not charge these riders any fare for riding the Routes. PSTA and HART shall also give free rides to Jolley Trolley employees with employee badges. The CMA Route is free to all passengers. 2.5. FARE COLLECTION TECHNOLOGIES. Jolley Trolley shall participate in fare collection technology updates, as part of the Regional Revenue Collection and Interjurisdictional Mobility Project; specifically, a mobile application to be implemented in fiscal year 2017 and any smartcard technology as implemented beyond fiscal year 2017. PSTA will assist Jolley Trolley in fiscal year 2017 with any on-board equipment needed for the deployment of this technology whether through loan or purchase. 2.6 SHARED STOPS & SIGNAGE. Jolley Trolley shall accept free transfers between Jolley Trolley and PSTA riders at all stops that are shared between Jolley Trolley and PSTA on the Routes. Jolley Trolley shall provide for Jolley Trolley signage at all PSTA stops on the Routes which are shared with Jolley Trolley and shall install Jolley Trolley signage at all stops on the Routes which are not PSTA stops. 2.7 PSTA DECALS. Jolley Trolley shall have a PSTA decal visibly displayed on all vehicles used on the Routes to indicate that PSTA is a partner with Jolley Trolley for the service provided. PSTA shall also have a Jolley Trolley decal visibly displayed on all vehicles used on the Routes to indicate that Jolley Trolley is a partner with PSTA for the service provided. 2.8 WHEELCHAIR ACCESS. Jolley Trolley shall provide wheelchair accessibility in accordance with ADA regulations on all Jolley Trolley vehicles used to provide service on the Routes. 2.9 JOLLEY TROLLEY OPERATIONS. PSTA shall deal directly with Jolley Trolley’s Administrator and shall have no right and agree not to attempt to directly control the activities, work, and daily operations of Jolley Trolley’s employees, including the method of operation for any vehicle. Any rights the other parties may have over Jolley Trolley’s operations shall be subordinate to the actions taken by Jolley Trolley to ensure the safety of Jolley Trolley’s operations, for which Jolley Trolley shall remain solely responsible. Jolley Trolley agrees to PSTA/Jolley Trolley FY17 Services Agreement Page 4 of 24 Rev 8-16-16 abide by any regulations PSTA may adopt in the future governing public transit operators in the Pinellas Suncoast Transit area. 2.10 PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide funding which will be used to supplement fares charged by Jolley Trolley to allow service to the Routes. The relationship of the Parties as outlined in this Agreement is that of funding to a provider. No other control or relationship is contemplated by this Agreement. SECTION 3 CONTRACT TERM 3.1 TERM. This Agreement shall be effective for a twelve (12) month period commencing October 1, 2016 and terminating September 30, 2017 (the “Contract Term”). SECTION 4 FUNDING 4.1 FUNDING. PSTA shall provide funding to Jolley Trolley as set forth in Exhibit D. 4.2 BILLING AND PAYMENTS. Jolley Trolley shall provide PSTA with a written request for funding no later than the 10th day of each month for actual service and deadhead hours of the Routes service for the month immediately preceding the invoice. The amount of funding shall be in accordance with the hourly rates set forth in Exhibit D attached hereto and the aggregate amounts requested shall not exceed the funding amounts set forth in Exhibit D (Section 4.1 above). Upon receipt of a written request for funding from Jolley Trolley, PSTA shall remit funding to Jolley Trolley via mail sent out no later than the 20th of each month. 4.3 FAREBOX RECONCILIATION. Within thirty (30) days of the end of the Contract Term, Jolley Trolley and PSTA shall perform a reconciliation which compares the farebox revenue estimate with the actual farebox revenue (the “Farebox Reconciliation”). If the fares collected exceed the farebox recovery estimate set forth in Exhibit D (the “Farebox Recovery Estimate”), no payment shall be due from PSTA to Jolley Trolley. If the fares collected are less than the Farebox Recovery Estimate, PSTA will make payment to Jolley Trolley within thirty (30) days of the Farebox Reconciliation in an amount equal to the difference between the fares collected and the Farebox Recovery Estimate. 4.4 ADVERTISING RECONCILIATION. Within thirty (30) days of the end of the Contract Term, Jolley Trolley and PSTA shall perform a reconciliation which compares the advertising revenue estimate with the actual advertising revenue (the “Advertising Reconciliation”). If the advertising revenue collected exceeds the advertising recovery estimate set forth in Exhibit D (the “Advertising Recovery Estimate”), no payment shall be due from PSTA to Jolley Trolley. If the advertising revenue collected is less than the Advertising Recovery Estimate, PSTA will make payment to Jolley Trolley within thirty (30) days of the Advertising Reconciliation in an amount equal to the difference between the advertising revenue collected and the Advertising Recovery Estimate. PSTA/Jolley Trolley FY17 Services Agreement Page 5 of 24 Rev 8-16-16 4.5 MONITORING. PSTA shall receive all reports required under the Agreement and approve, in its sole discretion, all written requests for funding received from Jolley Trolley. 4.6 PSTA PARTNERS. The Parties acknowledge that subject to the Coastal Route Funding Agreement, certain PSTA Partners (Clearwater Downtown Development Board (DDB), Pinellas County and the cities of Clearwater, Dunedin and Tarpon Springs) will be making contribution to PSTA toward PSTA’s financial obligations under this Agreement; and further that PSTA will not enter into this Agreement without the shared contributions of those PSTA Partners. SECTION 5 EXPENDITURES AND FUNDING REPORTS 5.1 RECORDS. All costs charged against the funding provided under this Agreement, including any approved services contributed by Jolley Trolley, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers which shall set forth in detail the nature and propriety of the charges. Jolley Trolley shall, at all times during normal business hours, make available for examination all Jolley Trolley records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the Parties and/or their designated authorized representatives to audit and examine all records, books, documents, papers, data, and any other material related to this Agreement. All such records, books, documents, papers, data and any other material related to this Agreement shall be retained for four (4) years from the termination date of this Agreement. All records that are subject to audit as set forth in Section 5.3 shall be retained for four (4) years in the manner prescribed above or until such audit findings have been resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by the statutes of the State of Florida. 5.2 REPORTS. Jolley Trolley shall provide monthly reports to PSTA summarizing ridership, miles, hours, free rides, financials, and other statistical information as required. Jolley Trolley reports shall include data of rider surveys on the Routes that are conducted periodically and randomly by Jolley Trolley in accordance with federal regulations. PSTA shall be copied on any reports or correspondence distributed to any of the indirect funding partners. PSTA shall also be notified of any verbal communication with any of the indirect funding partners affecting the service on the Routes. 5.3 AUDIT. Within sixty (60) days of the end of the term of this Agreement, Jolley Trolley shall deliver to PSTA a financial audit, to include findings as to Jolley Trolley’s compliance with the terms of this Agreement. The audit report and audited financial statements shall be prepared by an independent CPA licensed to practice in the State of Florida. Jolley Trolley shall also submit within 60 days an NTD audit, in compliance with all required procedures related to the system for reporting and maintaining data in accordance with the National Transit Database (NTD) requirements and definitions set forth in 49 CFU Part 630, Federal Register, January 15, 1993, and as presented in the NTD Reporting Manual. In addition, all information must be submitted to PSTA that is required for PSTA to prepare PSTA’s and Jolley Trolley’s annual NTD Report for submission to the Federal Transit Administration. PSTA/Jolley Trolley FY17 Services Agreement Page 6 of 24 Rev 8-16-16 SECTION 6 NOTICES 6.1 REQUIREMENTS. All notices required or made pursuant to this Agreement shall be made in writing and sent by certified mail, return receipt requested, by personal delivery to the party to whom notice is given, or by facsimile, if a number listed below. Notices shall be sent to the Parties at the addresses shown below: To PSTA: To Jolley Trolley: Pinellas Suncoast Transit Authority Rosemary Windsor, Executive Director Brad Miller, CEO Jolley Trolley Transportation of Clearwater Inc. 3201 Scherer Drive 410 North Myrtle Avenue St. Petersburg, FL 33716 Clearwater, FL 33755 Facsimile: (727) 540-1913 With required copy to: With required copy to: Alan S. Zimmet, Esq. Debra Gregory, Board Secretary Bryant Miller Olive, P.A. 732 Snug Island One Tampa City Center, Suite 2700 Clearwater, FL 33767 Tampa, FL 33602 Phone: (727) 712-2399 Phone: (813) 273-6677 Fax: (727) 712-2367 Fax: (813) 223-2705 6.2 EFFECTIVE DATE. Notices shall be deemed effective and complete at the time of receipt if mailed, or upon receipt if otherwise delivered. SECTION 7 COMPLIANCE WITH LAWS AND GOVERNING LAW 7.1 COMPLIANCE WITH LAWS. Jolley Trolley shall comply with all federal, state, county and local laws, rules and regulations applicable to PSTA. This includes all applicable regulations of the Federal Transit Administration (FTA) and Florida Department of Transportation, including but not limited to those regulations requiring a System Safety Program Plan, a Security Program Plan, a Continuity of Operations Plan, drug and alcohol regulations, FTA regulations governing fares, ADA regulations, and any local regulations PSTA may adopt in the future governing public transit operators within PSTA’s service area. Jolley Trolley shall also comply with all applicable laws regarding drug-free workplaces. 7.2 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-540-1806, RGarofalo@psta.net, 3201 Scherer Drive N, St. Petersburg, FL 33716. PSTA/Jolley Trolley FY17 Services Agreement Page 7 of 24 Rev 8-16-16 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the Pinellas Suncoast Transit Authority (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award PSTA/Jolley Trolley FY17 Services Agreement Page 8 of 24 Rev 8-16-16 against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 7.3 GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida. Venue for any state legal action shall lie solely in the Sixth Judicial Circuit in and for Pinellas County, Florida, and for any federal legal actions shall lie solely in the U.S. District Court, Middle District of Florida, Tampa Division. 7.4 ATTORNEYS’ FEES. In the event a party to this Agreement should bring suit against any other party in respect to any matters provided for herein, the prevailing party shall be entitled to recover from the non-prevailing party its costs of court, legal expenses and reasonable attorneys’ fees, including any such costs, expenses or fees incurred in an appeal. SECTION 8 INDEMNIFICATION 8.1 INDEMNIFICATION. Jolley Trolley shall indemnify, defend, and hold harmless PSTA, Clearwater DDB, Pinellas County and the cities of Clearwater, Dunedin, and Tarpon Springs, as well as PSTA’s, Clearwater DDB’s, Pinellas County’s and the cities of Clearwater’s, Dunedin’s and Tarpon Springs’ directors, officers, employees, and agents from and against any and all losses, liabilities, damages, injuries, claims, suits, demands, costs and expenses of every kind and nature, including attorney’s fees, and including claims for equitable relief of any kind or nature, arising out of or in connection with in any way any act, error, or omission committed during the performance of the services to be provided by Jolley Trolley under this Agreement, including but not limited to Jolley Trolley’s provision of public transit service, or in any way arising out of this Agreement. For purposes of this indemnification provision, Jolley Trolley hereby waives its entitlement, if any, to immunity under Chapter 440, Florida Statutes. Nothing in this Section shall be construed as a waiver of any immunity that PSTA, Clearwater DDB, Pinellas County and the cities of Clearwater, Dunedin, and Tarpon Springs, may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. Jolley Trolley shall require that any contractor or subcontractor with whom Jolley Trolley contracts for the operation of all or part of PSTA/Jolley Trolley FY17 Services Agreement Page 9 of 24 Rev 8-16-16 its service or for the maintenance of its vehicles execute a hold harmless agreement agreeing to indemnify PSTA, Clearwater DDB, Pinellas County and the cities of Clearwater, Tarpon Springs, and Dunedin under the same terms of this Paragraph. The provisions of this Paragraph shall survive the termination of this Agreement, however terminated. 8.2 WAIVER OF LIABILITY. PSTA, Clearwater DDB, Pinellas County and the cities of Clearwater, Dunedin, and Tarpon Springs shall have no liability or responsibility for any acts or omissions of Jolley Trolley or of Jolley Trolley’s agents, servants, contractors, subcontractors, or employees or for any property of Jolley Trolley, its agents, servants or employees or any other person’s property which is damaged, lost or stolen. SECTION 9 INSURANCE 9.1 INSURANCE. Jolley Trolley shall maintain the following insurance coverage during the term of this Agreement pursuant to the terms set forth in Exhibit E and which are hereby incorporated by reference as if set forth fully in this Section. SECTION 10 TERMINATION 10.1 FOR CAUSE. If any party to this Agreement fails to comply with its respective obligations, provisions, and covenants hereunder, the other Parties may terminate this Agreement for cause upon written notice of termination which sets forth the manner of default or breach and the party’s intention to terminate this Agreement. The terminating party shall allow seven (7) days for the breaching party to cure the breach or default, unless the breach arises from the misuse or misapplication of funds, fraud, or misfeasance, in which case, no opportunity to cure shall be afforded. When an opportunity to cure is provided, the notice of termination shall state the time period in which the cure is permitted and other appropriate conditions. If the breaching party fails to remedy the breach or default to the terminating party’s satisfaction, within the time period set forth in the notice of termination when an opportunity to cure is provided, the terminating party shall have the right to terminate this Agreement. 10.2 NON-APPROPRIATION. In the event PSTA’s Board of Directors determines not to appropriate the necessary funds for this Agreement, then this Agreement shall terminate without any party having any further responsibility to the other. 10.3 REMEDIES. Any such termination for default shall not in any way operate to preclude the non-breaching parties from pursuing all available legal remedies against the breaching party for said breach or default. If Jolley Trolley fails to comply with its respective obligations, such available remedies that may be sought by PSTA against Jolley Trolley shall include but be not limited to specific performance and the refund of any funds paid to Jolley Trolley. 10.4 WAIVER. In the event that a party elects to waive its remedies for any breach of any covenant, term or condition of this Agreement, such waiver shall only be valid if set forth in writing and signed by the waiving party and shall not limit the remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. PSTA/Jolley Trolley FY17 Services Agreement Page 10 of 24 Rev 8-16-16 SECTION 11 MISCELLANEOUS 11.1 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and shall be binding on their legal representatives, successors and assigns. This Agreement shall not be effective until executed by an authorized representative of PSTA and an authorized representative of Jolley Trolley and cannot be amended or altered in any way unless such amendment be in writing and signed by an authorized representative of PSTA and by an authorized representative of Jolley Trolley. No forbearance to exercise any right or privilege under this Agreement shall constitute a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance had occurred. 11.2 MODIFICATION. This Agreement shall not be modified except by written instrument signed by each of the Parties. 11.3 ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto, but the Parties may not assign this Agreement or any rights hereunder without first obtaining the written consent of the other Parties. Notwithstanding the foregoing, Jolley Trolley shall not assign this Agreement. 11.5 HEADINGS. All sections and descriptive subheadings of paragraphs of this Agreement are inserted for convenience only and shall not affect the construction of the interpretation hereof. 11.6 SEVERABILITY. If any provision or portion of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be severable and the remainder of the Agreement shall not be affected. 11.7 COUNTERPARTS. This Agreement may be executed in one or more counterparts, the whole of which shall constitute a single fully executed agreement. 11.8 ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto, but the Parties may not assign this Agreement or any rights hereunder without first obtaining the written consent of the other Parties. Notwithstanding the foregoing, Jolley Trolley shall not assign this Agreement. 11.9 AUTHORIZATION. The undersigned represent and warrant that they have full authority to execute this Agreement on behalf of their respective parties without the consent or joinder of any other person or party. PSTA/Jolley Trolley FY17 Services Agreement Page 11 of 24 Rev 8-16-16 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their authorized representatives as of the date above. PINELLAS SUNCOAST TRANSIT AUTHORITY ____________________________ By: _____________________________________ Witness Brad Miller, Chief Executive Officer ____________________________ Approved as to Form Alan S. Zimmet, Esq. General Counsel JOLLEY TROLLEY OF CLEARWATER, INC. ____________________________ By: _____________________________________ Witness Rosemary Windsor, Executive Director PSTA/Jolley Trolley FY17 Services Agreement Page 12 of 24 Rev 8-16-16 EXHIBIT A The Coastal Route PSTA/Jolley Trolley FY17 Services Agreement Page 13 of 24 Rev 8-16-16 PSTA/Jolley Trolley FY17 Services Agreement Page 14 of 24 Rev 8-16-16 EXHIBIT B The Beach Route PSTA/Jolley Trolley FY17 Services Agreement Page 15 of 24 Rev 8-16-16 EXHIBIT C The Safety Harbor Route PSTA/Jolley Trolley FY17 Services Agreement Page 16 of 24 Rev 8-16-16 EXHIBIT D Funding Formulas PSTA/Jolley Trolley FY17 Services Agreement Page 17 of 24 Rev 8-16-16 Jolley Trolley-Coastal FY 2017--Revised 8.12.16Detail Estimated-Operating Hours/Expenses-Coastal SupplementalFY17:Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total TOTAL HOURS (Revenue + Deadhead [DH]) 1461.07 1411.95 1474.84 1455.02 1331.96 1461.02 1418.05 1461.02 1418.00 1461.07 1454.97 1430.10 17,239.07NET EXPENSE 57,947.86$ 57,019.79$ 58,326.46$ 58,420.01$ 52,429.25$ 58,606.84$ 55,888.66$ 58,606.84$ 56,547.64$ 57,144.97$ 59,078.98$ 55,603.35$ 685,620.65$ DETAIL:Proposed Hours Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total Scheduled Hours-Revenue (# of service days x hrs/service day)1278.581233.001284.581272.531154.041278.531239.101272.481239.051278.581272.481245.1015048.05Additional Hours-Holiday-Revenue (see listing below)0.000.006.000.006.050.000.006.050.000.000.006.0524.15Additional Hours-Plugs-Revenue 64.5064.5064.5064.5064.5064.5064.5064.5064.5064.5064.5064.50774.00Total Rev HrsScheduled Hours-DH (# of vehicles/service day x avg 0.59 hrs/vehicle)109.74 106.20 109.74 109.74 99.12 109.74 106.20 109.74 106.20 109.74 109.74 106.20 1292.10Additional Hours-Holiday-DH (holiday # of vehicles xavg 0.59 hrs/vehicle)0.00 0.00 1.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.77Additional Hours-Plugs-DH (0.22 of rev hours)8.258.258.258.258.258.258.258.258.258.258.258.2599.00Total DH HoursTotal Hours (Sum of the Above)1461.07 1411.95 1474.84 1455.02 1331.96 1461.02 1418.05 1461.02 1418.00 1461.07 1454.97 1430.1017,239.07Additional DetailOctNovDecJanFebMarAprMayJunJulAugSepTotal Hours per Day-total-or multiplier-see Notes# of Mon-Thurs # of vehicles per day = 6 17 18 17 18 16 18 16 19 17 17 19 16 208 39.48# of Fridays # of vehicles per day = 6 4 4 5 4 4 5 4 4 5 4 4 5 52 45.53# of Saturdays # of vehicles per day = 6 5 4 5 4 4 4 5 4 4 5 4 5 53 45.53# of Sundays # of vehicles per day = 6 5 4 4 5 4 4 5 4 4 5 4 4 52 39.53Total Days 31 30 31 31 28 31 30 31 30 31 31 30 365Additional Hours-Plugs-Revenue 64.50 64.50 64.50 64.50 64.50 64.50 64.50 64.50 64.50 64.50 64.50 64.50 1548.00Additional Hours-Plugs-DH(22% of rev hours based on FY16 historic data)8.25 8.25 8.25 8.25 8.25 8.25 8.25 8.25 8.25 8.25 8.25 8.25 99.00Additional Hours-Holiday-Revenue (see listing below) 0.00 0.00 6.00 0.00 6.05 0.00 0.00 6.05 0.00 0.00 0.00 6.05 24.15Holiday-# of Extra Vehicles 0030000000003Deadhead Hours per Vehicle for Scheduled and Holiday = 0.59Anticipated Expenses Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepTotal Gross Expenses (Total Hours x Operating Cost/Hour)62.57$ 91,419.15$ 88,345.71$ 92,280.74$ 91,040.60$ 83,340.74$ 91,416.02$ 88,727.39$ 91,416.02$ 88,724.26$ 91,419.15$ 91,037.47$ 89,481.36$ 1,078,649$ Less: Farebox Recovery-Estimate (Gross Expenses x % Rate)23.5% ($21,483.50) ($20,761.24) ($21,685.97) ($21,394.54) ($19,585.07) ($21,482.76) ($20,850.94) ($21,482.76) ($20,850.20) ($21,483.50) ($21,393.81) ($21,028.12) (253,482)$ Less: Advertising Estimate (Gross Expenses x % Rate)($1,793.72)($1,580.78)($1,835.69)($1,679.74)($1,694.76)($1,694.76)($1,793.72)($1,694.76)($1,694.76)($1,913.85)($1,580.78)($1,922.71)(20,880)$ Less: Partners' 3-day Contributions (excluding PSTA) ($10,194.07) ($8,983.90) ($10,432.62) ($9,546.31) ($9,631.66) ($9,631.66) ($10,194.07) ($9,631.66) ($9,631.66) ($10,876.83) ($8,983.90) ($10,927.18) ($118,665.52)Net Exp (Gross Exp - Farebox Recovery - Adv- Partners' Contribution)57,947.86$ 57,019.79$ 58,326.46$ 58,420.01$ 52,429.25$ 58,606.84$ 55,888.66$ 58,606.84$ 56,547.64$ 57,144.97$ 59,078.98$ 55,603.35$ 685,621$ Fully Allocated Cost/Revenue Hour (Gross Expense/Rev Hours)68.07$ Total Monthly Expenses-PSTA OnlyTotal57,947.86$ 57,019.79$ 58,326.46$ 58,420.01$ 52,429.25$ 58,606.84$ 55,888.66$ 58,606.84$ 56,547.64$ 57,144.97$ 59,078.98$ 55,603.35$ 685,620.65$ PSTA 3-day (F-Su) contribution10,882.15$ 9,590.29$ 11,136.78$ 10,190.67$ 10,281.77$ 10,281.77$ 10,882.15$ 10,281.77$ 10,281.77$ 11,610.98$ 9,590.29$ 11,664.74$ 126,675.13$ PSTA 4-day (M-Th) contribution47,065.71$ 47,429.50$ 47,189.68$ 48,229.34$ 42,147.48$ 48,325.07$ 45,006.51$ 48,325.07$ 46,265.87$ 45,533.99$ 49,488.69$ 43,938.61$ 558,945.52$ TOTAL COST OF ALL PARTNERS' CONTRIBUTIONS*68,141.93$ 66,003.69$ 68,759.08$ 67,966.32$ 62,060.91$ 68,238.50$ 66,082.73$ 68,238.50$ 66,179.30$ 68,021.80$ 68,062.88$ 66,530.53$ 804,286.17$ *includes advertising and fare discountsHolidays Rev HoursSaturday New Year's Eve 12/31 6.00Sunday New Year's Day 1/1 0.00Tue Mardi Gras 2/28 6.05Friday St. Patrick's Day 3/17 0.00Friday Cinco de Mayo 5/5 0.00Monday Memorial Day 5/29 6.05Monday Labor Day 9/4 6.05Total Holiday Revenue Hours24.15 PSTA/Jolley Trolley FY17 Services Agreement Page 18 of 24 Rev 8-16-16 PSTA/Jolley Trolley FY17 Services Agreement Page 19 of 24 Rev 8-16-16 PSTA/Jolley Trolley FY17 Services Agreement Page 20 of 24 Rev 8-16-16 FY 2017 Forecast Operating Expenses Total Hours 752.30 Operating Cost/Hour 62.57$ TOTAL OPERATING COST 47,071$ FY 2017 Forecast Operating Revenues Projected Farebox Recovery 10.0% (4,707)$ Projected Advertising Revenue 1.0% (471)$ TOTAL PARTNER CONTRIBUTIONS 41,894$ Proposed Funding Allocations Funding Partner FY 17 Split Allocation % of Total FY 17 Proposed Contribution Proposed % FDOT Service Development Grant 20,947$ 50.0% 20,947$ 50.0% PSTA 20,947$ 50.0% 20,947$ 50.0% Safety Harbor -$ 0.0% -$ 0.0% TOTAL 41,894$ 100.0% 41,894$ 100.00% Service will end 2/4/17 Proposed Jolley Trolley Funding Request and Budget Safety Harbor Route FY 2017 PSTA/Jolley Trolley FY17 Services Agreement Page 21 of 24 Rev 8-16-16 Jolley Trolley-Safety Harbor RouteFY 2017-DRAFT 4.23.2016REVISED 7/26/16 Last day: Sat 2/4/17Estimated-Operating Hours/Expenses= enter valueFY17:Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total TOTAL HOURS 190.56 164.20 189.56 177.70 30.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 752.30NET EXPENSES 10,611.78$ 9,143.85$ 10,556.08$ 9,895.63$ 1,686.21$ -$ -$ -$ -$ -$ -$ -$ 41,893.55$ DETAIL:Proposed Hours Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total Scheduled Hours-Revenue (# of service days x hrs/service day)162.00136.00158.00148.0022.000.000.000.000.000.000.000.00626.00Holiday Hours-Revenue (see listing below)0.000.003.000.000.000.000.000.000.000.000.000.003.00Additional Hours (Plugs)-Revenue (# of plug days x 2 hrs/day)8.0010.008.0010.004.000.000.000.000.000.000.000.0040.00Total Rev HrsScheduled Hours-DH (# of vehicles/service day x 0.75 hrs/vehicle]18.0015.0017.2516.502.250.000.000.000.000.000.000.0069.00Holiday Hours-DH (holiday # of vehicles x 0.75/vehicle)0.000.000.750.000.750.000.000.000.000.000.000.001.50Additional Hours/Plugs-DH(0.32 hours/rev hour-service day unknown w/Shop)2.563.202.563.201.280.000.000.000.000.000.000.0012.80Total DH HoursTotal Hours (Sum of the Above)190.56164.20189.56177.7030.280.000.000.000.000.000.000.00752.30Additional DetailOctNovDecJanFebMarAprMayJunJulAugSepTotal Hours/day-total-or multiplier# of Fridays # of vehicles per day = 1445410000000188.00# of Saturdays # of vehicles per day = 25454100000001914.00# of Sundays # of vehicles per day = 25445000000001812.00Additional Hours (Plugs)-# of Days454520000000202.00Additional Hours (Plugs)-Revenue Hours (2 hours/day-max 106 hrs)8.0010.008.0010.004.000.000.000.000.000.000.000.00Additional Hours (Plugs)-DH Hours (0.32 hours/rev hr-service day unknown)2.563.202.563.201.280.000.000.000.000.000.000.000.32Holiday Hours-Revenue Hours (see listing below)0.000.003.000.000.000.000.000.000.000.000.000.00Holiday # of Vehicles0010100000002Deadhead Hours per Vehicle for Scheduled and Holiday = 0.75Expenses Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepTotal Gross Expenses (Total Hours x Operating Cost/Hour)@3%62.57$ 11,923.34$ 10,273.99$ 11,860.77$ 11,118.69$ 1,894.62$ -$ -$ -$ -$ -$ -$ -$ 47,071.41$ Less: Farebox Recovery-Goal (Gross Expenses x % Rate)10%($1,192.33)($1,027.40)($1,186.08)($1,111.87)($189.46)$0.00$0.00$0.00$0.00$0.00$0.00$0.00(4,707.14)$ Less: Advertising (Gross Expenses x % Rate)1%($119.23)($102.74)($118.61)($111.19)($18.95)$0.00$0.00$0.00$0.00$0.00$0.00$0.00(470.72)$ (5,177.86)$ Net Expenses (Gross Expenses - Farebox Recovery - Advertising)10,611.78$ 9,143.85$ 10,556.08$ 9,895.63$ 1,686.21$ -$ -$ -$ -$ -$ -$ -$ 41,893.55$ 41,893.55$ 40,207.34$ 41,893.55$ Fully Allocated Cost/Revenue Hour (Gross Expenses/Rev Hours)70.36$ Year to dateYear to date2/4/2017Funding SourcesFY17FY16FDOT Service Development Grant50.00%5,305.894,571.935,278.044,947.82843.110.000.000.000.000.000.000.0020,947$ 40,000$ PSTA 50.00%5,305.894,571.935,278.044,947.82843.110.000.000.000.000.000.000.0020,947$ 30,226$ Safety Harbor0.00%0.000.000.000.000.000.000.000.000.000.000.000.00-$ 30,226$ 100.00%10,611.789,143.8610,556.089,895.641,686.220.000.000.000.000.000.000.0041,894.00100,452.00NOTES:HolidaysRev HoursInvoices will detail actual hours provided in each category. SaNew Year's Eve12/313.00Additional hours will be explained by date and reason. Events outside of regular route service will not be covered by PSTA.SuNew Year's Day1/10.00Hours will not exceed above estimate on annual basis, but may vary by month.TueMardi Gras2/90.00JT will report "UPASS and Other Free Rides". FriSt. Patrick's Day3/170.00Farebox Reconciliation will occur at end of fiscal year if goal is not met.FriCinco de Mayo5/50.00MMemorial Day5/300.00M Labor Day 9/5 0.00Total Holiday Revenue Hours3.00 PSTA/Jolley Trolley FY17 Services Agreement Page 22 of 24 Rev 8-16-16 PSTA/Jolley Trolley FY17 Services Agreement Page 23 of 24 Rev 8-16-16 EXHIBIT E Insurance Requirements For Purposes of this Exhibit “Contractor” shall mean and refer to Jolley Trolley as defined in this Agreement. Insurance. The Contractor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below prior to start of the contract. Prior to beginning work (including pre-staging personnel and material), the Provider shall obtain insurance at his expense. Any penalties and failure to perform assessments shall be imposed as if the work commenced as scheduled. In the event the Provider has Subcontractors perform any portion of the work in this contract, either the Provider shall name those Subcontractors as “additional insurers” or each Subcontractors shall be required to have the same insurance requirements as the Provider. Insurance must be maintained throughout the entire term. Failure to do so may result in suspension of all work until insurance has been reinstated or replaced or termination of the Agreement. Delays in completing work resulting from failure of the Provider to maintain insurance shall not extend deadlines. For projects with a Completed Operations exposure, the Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. Any penalties and failure to perform assessments shall be imposed as if the work had not been suspended. Coverage shall be provided by a company (ies) authorized to do business in the State of Florida. The company (ies) must maintain a minimum rating of A- VIII as assigned by AM Best. Prior to start of the contract, Provider shall forward properly executed and approved Certificates of Insurance to evidence compliance with the insurance requirements as listed below. A copy of endorsement(s) and the additional insured need to be attached to the certificates. If the Provider has been approved by the State Department of Labor, as an authorized self-insurer for Workers’ Compensation, PSTA shall recognize and honor such status. The Provider may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Provider’s Excess Insurance Program. If the Provider participates in a self-insurance fund, updated financial statements may be required upon request. The Provider shall provide to PSTA’s Purchasing Division satisfactory evidence of the required insurance, either: A Certificate of Insurance with an insurance endorsement A Certified copy of the actual insurance policy. PSTA, at its sole option, has the right to request a certified copy of policies required by this contract. Certificate of Insurance and policies must specify they are not subject to cancellation, non-renewal, material change, or reduced coverage unless at least 30 days’ notice is given to PSTA. The acceptance and approval of the Provider’s Insurance shall not be construed as relieving the Provider from liability or obligation assumed under this contract or imposed by law. PSTA, Clearwater DDB, Pinellas County and the cities of Clearwater, Dunedin, PSTA/Jolley Trolley FY17 Services Agreement Page 24 of 24 Rev 8-16-16 and Tarpon Springs and their employees and officers will be included as “Additional Insured” on all policies, except Workers’ Compensation and Professional Liability. Any certificate of insurance evidencing coverage provided by leasing company for either workers’ compensation or Commercial General Liability shall have a list of covered employees certified by the leasing company attached to the certificate of insurance. PSTA shall have the right, but not the obligation to determine that the Contractor is only using employees named on such a list to perform work for the County. Should employees not named be utilized by the Contractor, PSTA has the option to stop work without penalty to PSTA until proof of coverage or removal of the employee by the Contractor occurs, or alternately find the Contractor to be in default and take other protective measures as needed. All insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of PSTA from the Contractor and subcontractor (s). Requirements – Commercial General Liability with, at minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits shall be $1,000,000 Combined Single Limit (CSL) with $2,000,000 Aggregate An Occurrence Form policy is preferred. If coverage is a Claims Made policy, provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the expiration of the contract. Vehicle Liability – Recognizing that the work governed by this contract requires the use of vehicles, the Provider, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non-owned, and Hired Vehicles with minimum limits at $1,000,000 Combined Single Limit (CSL) Workers’ Compensation – Prior to beginning work, Provider shall obtain Workers’ Compensation Insurance with limits sufficient to meet Florida Statute 440. Provider shall maintain throughout, Employers’ Liability Insurance with limits no less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2620 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Water Main Easement over Block 2 and 3 of J.H. Rouse’s Subdivision, conveyed to the City by the Property Owner; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City’s use of this Water Main Easement will support a new residential development, currently under construction just north of downtown Clearwater. Garden Trail Apartments is a garden style, affordable housing project comprised of 52 two-bedroom / two-bathroom units and 24 three-bedroom / three-bathroom units. Total project size is 3.06 acres located on North Garden Avenue and adjacent to the Pinellas Trail. The property owner has agreed to grant the easement at no cost to the City. The easement will allow the City to provide potable water to residents of the complex. Page 1 City of Clearwater Printed on 8/16/2016 WATER MAIN EASEMENT WATER MAINEASEMENT WATER MAIN EASEMENT ST HART ST PLAZA ST NICHOLSON BLUFF SR-590US-19 ALT.SPRUCEELDRIDGE C H E S T N U TCSWYDREWST ALDENJONES HART SR-595GEORGIA MAPLE AVEVINEMAPLE AVEPROSPECTAVEMARKLEY DREW AVEWATTERSONHARRISONOSCEOLACOURT PIERCE ST FORTST LAURAAVE AVECOURTMYRTLEGARDENFRANKLINEASTSR-60 HENDRICKS ST PIERCE LAURA AVEAVEST FERNPARK AVENICHOLSON CEDAR OSCEOLAAVESPRING PALM BLUFF MARGO STGARDENST ST METTO PALMMYRTLEERMINE BIDWELLAVEHARRISONSUNSET FORTENGMAN ST JURGENS ROOSEVELTROSA PARKLINCOLN AVEMaple ST ST LEE ST AVEAVEJACKSON St AVESTGOULD S MARTIN LUTHER KING JR AVEEWINGST ST CLEVELAND ST AVEBOOTHPark StAVEGROVE JEFFERSON AVEBrowns CLEVELAND STGROVE TONAVEMADISONWASHINGAVEN.E. ST FRACIR LIN KN ST ST WASHINGTONMADISONMISSOURIAVEAVEAVEELDRIDGE ST SANTALINCOLN RD AVEBETTYBETTYSTKENWOODPIERCE ST LNAVANDABETTYLNPRESCOTTHOLTAVEST GRANT CARLTONTAFT ENGMAN METTO LA SALLE PENNSYLVANIAST ST STMONROE AVEMARSHALL SEMINOLE BLUFF MADISONPhillies LnPALM WESTAVEST MISSOURIMADISONAVEN MARTIN LUTHER KING JR AVETANGERINE ST ST ST ST MARSHALL ST DOUGLAS AVEST RUSSELL NICHOLSON PALMETTO ST ST CEDAR FAIRBURNST Otis C GreenAVEENGMAN STCAROLDR KnightsPIERCE ST M E M O RIA L JEFFERSONCLEVELAND ST STN MARTIN LUTHER KING JR AVEPALMETTO ST ST PROSPECTLOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WATER MAIN EASEMENT ^ JB XX N.T.S.277B 09-29s-15e7/15/16Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: WATER MAIN EASEMENTGARDEN TRAIL APARTM ENTS Document Path: S:\ENV\Jim Benwell\GIS\Location Map WM Eas Garden Trail Apt.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2646 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the Pinellas County Technical Rescue Team Agreement with the City of Clearwater effective October 1, 2015 through September 30, 2020, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County has produced an interlocal agreement between the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg and the Pinellas County Board of County Commissioners to provide specialized rescue services to the residents of Pinellas County. This agreement defines the obligations and responsibilities of the Cities for these services in exchange for funding from Pinellas County for a five-year period. In order to provide specialized rescue services (technical rescues) to include but not be limited to, confined space, high angle/advanced rope, trench and excavation, water, wilderness, structural collapse, complex vehicles and machinery extrication, to the residents of Pinellas County it is essential to continue to develop the capability, expertise and resources to handle situations where such rescues could occur. To improve responsiveness and to increase efficiency, the aforementioned fire agencies and the Pinellas County Regional 9-1-1 Center will continue to work in conjunction to respond to situations where there is a unique and/or complex rescue situation within Pinellas County in a uniform training, educational, and fiduciary manner. The end result is a higher level of technical service provided to the highly populated peninsula that is exposed to adverse weather, man-made disasters, and natural populace actions that create emergencies involving specialized rescues. Each participating agency will be reimbursed by Pinellas County for up to $56,400 in overtime and backfill staffing costs for personnel to attend training, and up to $10,000 for the travel and training related expenses each year. The proposed Technical Rescue Team Contract duration is five years with the option to renew for an additional five year period upon mutual agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/16/2016 File Number: ID#16-2646 Page 2 City of Clearwater Printed on 8/16/2016 2016 PINELLAS COUNTY TECHNICAL RESCUE TEAM AGREEMENT PINELLAS COUNTY EMS & FIRE ADMINISTRATION 12490 Ulmerton Road Largo, FL 33774 TRT Agreement Page 1 RECITALS ..................................................................................................................................... 3 ARTICLE I ..................................................................................................................................... 4 THE AGREEMENT ....................................................................................................................... 4 SECTION 101. RECITALS AND PURPOSE. ........................................................................... 4 SECTION 102. COOPERATION. .............................................................................................. 4 SECTION 103. CONTRACT DOCUMENTS. ........................................................................... 4 SECTION 104. SCOPE OF SERVICES. .................................................................................... 4 ARTICLE II .................................................................................................................................... 5 DEFINITIONS ................................................................................................................................ 5 SECTION 201. WORDS AND TERMS. .................................................................................... 5 SECTION 202. TERMS GENERALLY. .................................................................................... 7 ARTICLE III intentionally omitted ................................................................................................ 8 ARTICLE IV .................................................................................................................................. 8 DUTIES AND RESPONSIBILITIES OF CONTRACTOR .......................................................... 8 SECTION 401. TRAINING AND CONTINUING EDUCATION. ........................................... 8 SECTION 402. PERSONNEL. ................................................................................................... 9 SECTION 403. STATE OF EMERGENCY ASSISTANCE, TECHNICAL RESCUE EMERGENCY AND MUTUAL AID. ......................................................................................... 10 SECTION 404. AUTOMATIC AID/CLOSEST UNIT RESPONSE. ...................................... 11 SECTION 405. TECHNICAL RESCUE SUPPLIES AND INVENTORY CONTROL. ........ 11 SECTION 406. UTILIZATION OF REGIONAL 9-1-1 CENTER. ......................................... 11 SECTION 407. CERTIFICATION. .......................................................................................... 12 SECTION 408. ACCURATE INFORMATION. ...................................................................... 12 ARTICLE V .................................................................................................................................. 12 DUTIES AND RESPONSIBILITIES OF COUNTY ................................................................... 12 SECTION 501. VEHICLES AND EQUIPMENT. ................................................................... 12 SECTION 502. CONTINUING TECHNICAL RESCUE EDUCATION. ............................... 13 SECTION 503. TECHNICAL RESCUE COMMUNICATION EQUIPMENT. ..................... 14 SECTION 504. TECHNICAL RESCUE SUPPLIES. .............................................................. 14 SECTION 505. TECHNICAL RESCUE EQUIPMENT AND MAINTENANCE. ................. 14 SECTION 506. HAZARDOUS WASTE COLLECTION. ....................................................... 15 SECTION 507. SPECIAL OPERATIONS COORDINATOR. ................................................ 15 ARTICLE VI ................................................................................................................................ 15 INSURANCE AND LIABILITY ................................................................................................. 15 SECTION 601. MINIMUM INSURANCE REQUIREMENTS .............................................. 15 TRT Agreement Page 2 SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS ......................................... 16 SECTION 603. LIABILITY .................................................................................................... 17 ARTICLE VII ............................................................................................................................... 17 COMPENSATION AND OTHER FINANCIAL PROVISIONS ................................................ 17 SECTION 701. COMPENSATION. ......................................................................................... 17 SECTION 702. ADDITIONAL UNITS.................................................................................... 18 SECTION 703. AUDITS AND INSPECTIONS. ..................................................................... 18 SECTION 704. FISCAL NON-FUNDING. ............................................................................. 19 SECTION 705. NOT TO EXCEED CAP. ................................................................................ 19 ARTICLE VIII .............................................................................................................................. 20 TERM AND TERMINATION ..................................................................................................... 20 SECTION 801. TERM. ............................................................................................................. 20 SECTION 802. TERMINATION. ............................................................................................ 20 SECTION 803. DISPOSITION OF ASSETS. .......................................................................... 21 SECTION 804. RESOLUTION OF DISPUTES. ..................................................................... 22 ARTICLE IX ................................................................................................................................ 22 MISCELLANEOUS ..................................................................................................................... 22 SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. ........................................... 22 SECTION 902. NOTICES. ....................................................................................................... 23 SECTION 903. ENTIRE AND COMPLETE AGREEMENT.................................................. 23 SECTION 904. OTHER DOCUMENTS. ................................................................................. 23 SECTION 905. APPLICABLE LAW. ...................................................................................... 23 SECTION 906. WAIVER. ........................................................................................................ 23 SECTION 907. SEVERABILITY............................................................................................. 24 SECTION 908. CONTRACTORS ARE INDEPENDENT CONTRACTORS. ....................... 24 SECTION 909. NO THIRD-PARTY BENEFICIARIES, ASSIGNMENT. ............................ 24 SECTION 910. HEADINGS. .................................................................................................... 24 SECTION 911. COUNTERPARTS. ......................................................................................... 24 APPENDIX A - PINELLAS COUNTY TECHNICAL RESCUE RESPONSE TEAM STANDARD OPERATING PROCEDURES MANUAL ........................................................... 30 APPENDIX B –TECHNICAL RESCUE VEH ICLES ................................................................. 31 APPENDIX C –EQUIPMENT ..................................................................................................... 32 APPENDIX D - SUPPLY INVENTORY .................................................................................... 38 APPENDIX E - CONTRACTOR CONTACTS ........................................................................... 39 TRT Agreement Page 3 PINELLAS COUNTY TECHNICAL RESCUE TEAM AGREEMENT THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into this ____ day of ___________, 2016, by and between the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg (collectively the “Contractors,” and individually “Contractor,”) and the Pinellas County Board of County Commissioners (“County”) (“individually, “Party”, collectively, “Parties”). RECITALS WHEREAS, in order to provide specialized rescue services to include but not be limited to, confined space, high angle/advanced rope, trench and excavation, water, wilderness, structural collapse, complex vehicles and machinery extrication, to the residents of Pinellas County it is essential to continue to develop the capability, expertise and resources to handle situations where such rescues could occur; and WHEREAS, the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg and the County desire to work in conjunction to respond to situations where there is a unique and/or complex rescue situation within Pinellas County and have, for a number of years, worked together in the operation of the Pinellas County Technical Rescue Team (“TRT”). NOW THEREFORE, in consideration of the mutual covenants expressed herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: TRT Agreement Page 4 ARTICLE I THE AGREEMENT SECTION 101. RECITALS AND PURPOSE. The foregoing recitals are hereby incorporated and made part of this Agreement. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with re spect to the provision of Technical Rescue Services in Pinellas County. SECTION 102. COOPERATION. The Parties shall cooperate and use all reasonable efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement. Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes, if any, in an equitable and timely manner so as to limit the need for costly, time-consuming, adversarial proceedings to resolve such disputes. SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached to and made part of this Agreement: Appendix A. Pinellas County Technical Rescue Standard Operating Procedures Manual Appendix B. Technical Rescue Vehicles Appendix C. Equipment Appendix D. Supply Inventory Appendix E. Contractor Contacts SECTION 104. SCOPE OF SERVICES. In exchange for funding from the County as outlined herein, the services to be performed by each Contractor under this Agreement include the following: (a) Make available one technical rescue support company comprised of Contractor's personnel who are trained as technical rescue team members and are on duty to respond to any upgraded technical rescue incident in an appropriate technical rescue unit. TRT Agreement Page 5 (b) Rescue of patients during an incident for the best possible outcome in order to protect the health, safety and improving the quality of life of the community by providing Technical Rescue Services as per the SOP. Such services shall be provided in accordance with the terms and conditions of th is Agreement. The specific terms and conditions of this Agreement shall govern and prevail over this Section 104 other than payment provisions by the County. ARTICLE II DEFINITIONS SECTION 201. WORDS AND TERMS. Unless the context otherwise requires, capitalized terms used herein shall have the following meanings ascribed to them: “Advanced Practice Paramedic” or “APP” means a certified paramedic who, through additional training and demonstration of expertise, is authorized by the EMS Medical Director to perform specific diagnostic and/or therapeutic modalities beyond the usual scope of practice of a certified paramedic. The APP’s expanded scope of practice applies only during the operation of, and in support of, the specific special operations team to which they are trained and certified. “Automatic Aid/Closest Unit Response Agreement” means the agreement by and between every political subdivision and fire control district within Pinellas County dated October 16, 1990. “CAD” means the computer aided dispatch system. “Continuing Education” means (1) the minimum required continuing technical rescue education required for Technical Rescue Technicians to maintain certified status within the State of Florida; and (2) education for individuals who have a specific deficiency that must be corrected to maintain or restore their status within the EMS System. “County” means Pinellas County, Florida, a political subdivision of the State of Florida. “Disaster” means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that cannot be managed through routine procedures and resources of the EMS System. TRT Agreement Page 6 “EMS System” means the network of organizations and individuals, including, but not limited to the authority, ambulance contractor, the Contractors, the EMS Advisory Council, the Medical Control Board and the Medical Director, established to provide emergency medical services in Pinellas County. “Field Personnel” means Technical Rescue Technicians, paramedics and emergency medical technicians employed by Contractor(s). “Fiscal Year” means the year commencing on October 1 of any given year and ending on September 30th of the immediately-succeeding year. “Party” or “Parties” means either the County or the Contractors, or all, as the context of the usage of such term may require. “Patient” means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. “Pinellas County Technical Rescue Team” or “TRT” means those Field Personnel of the cities of Clearwater, Largo, Pinellas Park, St. Petersburg and the County that have the capability and expertise to respond throughout Pinellas County to any situation where there is a technical rescue situation or the risk of such a situation, and have historically cooperatively worked together in such operations. “Regional 9-1-1 Center” means the communications center and related telephone, radio and data systems operated and maintained by Pinellas County as the countywide public safety answering point for the purpose of receiving 9-1-1 calls from citizens; providing emergency medical dispatch following the priority dispatch protocols; providing for the dispatch of all basic life support (BLS) and advanced life support (ALS) first responder units to EMS System incidents; and providing for the ongoing communications via radio and wireless data systems. “Run Cards” means the Regional 9-1-1 Center’s computer aided dispatch software database that, based upon the location of the technical rescue incident and a predetermined listing of Technical Rescue Services units which the Contractor(s) have determined to be the closest by travel time or most appropriate in ranked order as per section 404. “Safe Useful Life” means the period during which a vehicle is expected to be useable for the purpose for which it was acquired. With respect to tractor trailer TRT Agreement Page 7 combination, fifteen (15) years frontline, five (5) years reserve; with respect to medium/heavy duty chassis and all other vehicles, ten (10) years frontline, five (5) years reserve. “State” means the State of Florida. “State of Emergency” means a Disaster which has been declared by proclamation of the State, County or a municipality in the County, to be of such severity as to warrant institution of special legal conditions authorized by Chapt er 252, Florida Statutes. “Technical Rescue Services” means the services needed for rescue(s) involving, confined space, high angle/advanced rope, trench and excavation, swift water rescue, wilderness, structural collapse and complex vehicle and machinery extrication. “Technical Rescue Standard Operating Procedures or (SOP)” means the then current established procedures to be followed in carrying out a given operation or in a given situation. Such procedures shall be developed by the Parties and may be amended only upon mutual agreement of the Parties. The current version is attached hereto as Appendix A. “Technical Rescue Technician” Any member of the TRT having successfully completed an 80 hour rope rescue class, 40 hour confined space class and 40 hour trench rescue class. SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phra se “without limitation”, except as the context may otherwise require. The words “agree”, “agreement”, “approval” and “consent” shall be deemed to be followed by the phrase “which shall not be unreasonably withheld or unduly delayed”, except as the context may otherwise require. TRT Agreement Page 8 ARTICLE III intentionally omitted ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. TRAINING AND CONTINUING EDUCATION. Each Contractor shall make its personnel assigned to the TRT available, and be responsible for ensuring that its personnel attend, at a minimum, 32 hours of Continuing Education training including all required classes to reach a Technician level as soon as practicable after those classes are scheduled and as required by National Fire Protection Agency (NFPA) 1006, 1670 and the TRT SOP. Training will consist of classroom based training and/or distance learning methods as determined by the Parties, in accordance with the TRT SOP. (a) New members assigned to the TRT will receive in house training, be classified as awareness level and will attend bi monthly training sessions. (b) New members assigned to the TRT that have started but not completed the Technician level training will be classified as operations level and will attend the remaining Technician level and bi-monthly trainings necessary to achieve Technician level. (c) Technician level training will consist of an eighty (80) hour rope class, a forty (40) hour confined space class and a forty (40) hour trench rescue class. These classes will be held on an as needed basis. (d) Continuing Education will consist of attending at minimum, 32 hours of the regularly scheduled 48 hours of bi-monthly training. Command staff will send select members to the following specialized training to maintain response capabilities. (e) Swift water technician training will consist of a 40 hour class meeting the requirements of NFPA 1670. These classes will be scheduled on an as needed basis. (f) Structural Collapse training will consist of a 120 hour class meeting the requirements of NFPA 1670. These classes will be scheduled on an as needed basis. Structural collapse training will not be mandatory. TRT Agreement Page 9 (g) Medical training is addressed in 402 (e). SECTION 402. PERSONNEL. (a) Response with Trained Personnel. Each Contractor shall ensure that the minimum levels of trained personnel are on duty to respond to any technical rescue related incident. Minimum staffing levels are as follows: Clearwater to provide five (5) personnel, Largo to provide two (2) personnel, Pinellas Park to provide two (2) personnel, and St. Petersburg to provide five (5) personnel. In the event of a long -term technical rescue incident, Contractor may call back its off-duty personnel to assist. (b) Rights and Duties of TRT Personnel. Personnel assigned by a Contractor to the TRT, who are performing their duties pursuant to this Agreement outside of their jurisdiction, shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the jurisdiction in which they are normally employed, provided however, such powers are limited to, and are to be exercised by such personnel only while performing duties pursuant to this Agreement. (c) Training and Qualifications. All Field Personnel employed by a Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the TRT SOP for technical rescue incidents and shall hold appropriate credentials in their respective technical rescue profession. Personnel whose education and training are not current shall not be permitted to participate in technical rescue responses as a Technical Rescue Technician. (d) Technical Rescue Command Staff. Each Contractor shall designate a staff level position as a technical rescue command staff member who will be responsible for: (1) Responding to technical rescue incidents and overseeing rescue operations in accordance with TRT SOP’s and in coordination with incident command. (2) Monitoring Contractor(s) technical rescue personnel to ensure compliance with TRT SOP’s. (3) Monitoring Contractor(s) technical rescue personnel to ensure they maintain an appropriate level technical rescue competence based on the required training, that training requirements are met, and that members provide services in a manner that is professional and courteous. TRT Agreement Page 10 (4) Attending and actively participating in technical rescue related meetings. (5) Participating in budget development of the TRT, including identifying areas for improvement or gaps in team capability. (6) Coordinating with County administrative staff to manage contract compliance of the TRT. (7) Participating with the County on hazard vulnerability and ris k assessments regarding Emergency Support Function (ESF) 9 issues. (8) Providing a command staff person to assist with the ESF-9 requirements in the Pinellas County Emergency Operations Center (EOC) upon EOC activation. (e) Advanced Practice Paramedics. An APP at a technical rescue incident involving the response of a special operations team shall have clinical oversight and authority. APPs on the TRT are required to attend and/or obtain the below requirements. Requirements for County Certified Advanced Practice Paramedics (1) Current Pinellas County certified paramedic in good standing. (2) Submission of a request to obtain Advanced Practice Paramedic certification. (3) Minimum of three (3) years paramedic experience or equivalent approved by the EMS Medical Director. (4) Completion of the Urban Search and Rescue (USAR) Medical Specialist Course. SECTION 403. STATE OF EMERGENCY ASSISTANCE, TECHNICAL RESCUE EMERGENCY AND MUTUAL AID. (a) State of Emergency Assistance Within Pinellas County. Immediately upon notification by the County of a State of Emergency within Pinellas County, each Contractor shall commit such resources given the nature of the State of Emergency and shall assist in accordance with applicable plans and protocols mutually agreed upon by the Parties. When a Contractor ceases providing assistance with the State of Emergency, that Contractor shall resume normal operations as rapidly as is practical and notify the County’s authorized representative that the Contractor is able to resume normal TRT Agreement Page 11 operations considering exhaustion of personnel, need for restocking and other relevant considerations. (b) State of Emergency Assistance Outside of Pinellas County. Contractor(s) shall manage any State of Emergency assistance or mutual aid response outside of Pinellas County in a manner which does not prevent Contractor(s) from rendering services in accordance with this Agreement. SECTION 404. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by the Regional 9-1-1 Center of a technical rescue incident, each Contractor shall provide Technical Rescue Services in accordance with the Automatic Aid/Closest Unit Response Agreement. The technical rescue unit which is predetermined to be the closest to the emergency scene, by the Run Cards, shall be di spatched without regard to district or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response Agreement is terminated, each Contractor shall provide Technical Rescue Services in accordance with the then current Run Cards for all technical rescue incidents. Each Contractor's authorized representative will periodically, or at the request of the County, update their Run Cards to insure their accuracy and coordinate any changes with any other affected Contractor(s). SECTION 405. TECHNICAL RESCUE SUPPLIES AND INVENTORY CONTROL. The Contractors and County shall establish and implement inventory control procedures for the stocking and use of technical rescue supplies. Each Contractor shall maintain inventory records that identify all technical rescue unit supplies, and will keep supplies under lock so that access is limited to only authorized personnel. The Contractors shall adhere to inventory control procedures that the County may require, as long as they are reasonable and prudent. SECTION 406. UTILIZATION OF REGIONAL 9-1-1 CENTER. Regional 9-1-1 Center. The Contractors shall utilize the Regional 9-1-1 Center for the dispatch of all Technical Rescue Services units to technical rescue incidents. The Contractors shall utilize the Regional 9-1-1 Center’s radio and data systems to include, but not limited to, computer aided dispatch (CAD) software, mobile communications TRT Agreement Page 12 terminal software, and the County’s public safety and intergovernmenta l voice and data radio system. The Contractors shall provide and maintain all fire station alerting systems, base stations, pagers, fire station computers and peripherals, all mobile and portable radios except as provided in Section 503, and mobile communications terminals and radio modems to communicate with the Regional 9-1-1 Center’s radio and data system following the County’s technical specifications. County shall provide and maintain, at no cost to the Contractors, all necessary broadband networking from Fire Stations to the Regional 9-1-1 Center’s data system, and access to the County’s 800MHz High Performance Data (HPD) system following the County’s technical specifications. County shall provide a mutually agreed upon appropriate planning phase, c ost analysis, changes in the County’s technical specifications, and implementation plan for any future upgrades or system changes. SECTION 407. CERTIFICATION. Each Contractor shall maintain records of their personnel’s certifications. County shall be responsible for payment of any fees associated with technical rescue certification and/or re-certification using funds provided under this Agreement. SECTION 408. ACCURATE INFORMATION. Any news releases, statements, or public information given by the Contractors or County personnel to the public or the media that pertain to the TRT shall accurately portray the Pinellas County Technical Rescue Team. ARTICLE V DUTIES AND RESPONSIBILITIES OF COUNTY SECTION 501. VEHICLES AND EQUIPMENT. (a) Obligation to Provide Vehicles. At all times during the term of this Agreement, County shall provide/fund the technical rescue vehicles described on TRT Agreement Page 13 Appendix B. Vehicle specification and selection shall be “mission capable” depend ing on the type of incident. (b) Maintenance of Vehicles and Fuel. County shall be responsible for the maintenance and repair of County owned technical rescue vehicles and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles and fuel. County shall maintain records of maintenance and fuel in order to document that technical rescue vehicles are maintained and used in accordance with this Agreement. The Contractors will use its best efforts to keep County vehicles secure in a covered facility. (c) Staffing of Vehicles. Each Contractor shall ensure that at least one technical rescue support company comprised of the Contractor's personnel, as stated in 402 (a), who are trained as Technical Rescue Technicians are on duty to respond to any upgraded technical rescue incidents in an appropriate technical rescue vehicle. (d) Equipment and Supplies. With the exception of equipment owned and maintained by a Contractor, County shall furnish and maintain all technical rescue equipment required to be provided by the County pursuant to Appendix C. Capital equipment purchases are subject to separately budgeted and approved County funding. County shall also be responsible for the cost of replacing utilized technical rescue supplies. (e) Technical Rescue Communications Equipment. County will provide mobile data terminal(s) (MDT) and radios upon approved funding. Each Contractor shall be responsible for the replacement of all technical rescue communications equipment that is lost, stolen or damaged due to that Contractor's negligence. County shall be responsible for all routine maintenance of such equipment. The County shall be responsible for the replacement of any technical rescue communications equipment that is lost, stolen or damaged due to a cause other than a Contractor's negligence. (f) Inspections. Contractors shall allow representatives of the County to inspect technical rescue vehicles and equipment during normal business hours upon reasonable notice. SECTION 502. CONTINUING TECHNICAL RESCUE EDUCATION. County shall provide and make available to the Contractors, at the County's cost, a Continuing TRT Agreement Page 14 Education training program at multiple, regionally-located training sites and not at a single, centralized training site. SECTION 503. TECHNICAL RESCUE COMMUNICATION EQUIPMENT. County has provided, or shall provide and maintain, as applicable, radios assigned to technical rescue vehicles as per Appendix C. The radio equipment shall be installed in the technical rescue vehicles by the County and remain County property. County shall be responsible for such equipment, as provided for in Section 501(e) hereof. County shall be responsible for replacing such equipment at the end of its reasonable useful life, as determined by the County. County shall ensure all frontline technical rescue vehicles are equipped with GPS enabled mobile communications terminals running mobile CAD softwa re. SECTION 504. TECHNICAL RESCUE SUPPLIES. The County shall provide and replace, as necessary, without cost to the Contractors, the technical rescue supplies used by the Contractors on technical rescue incidents under this Agreement. The County shall coordinate delivery or pick up of all supplies as needed or as convenient. The County shall not be responsible for costs of replacing inventory items lost, stolen, damaged or unaccounted for due to a Contractor's negligence but the County shall be responsible for the costs of replacing inventory items lost, stolen damaged or unaccounted for due to a cause other than a Contractor's negligence. The County will work cooperatively with the Contractors to develop inventory controls and expiration tracking mechanisms. SECTION 505. TECHNICAL RESCUE EQUIPMENT AND MAINTENANCE. The County shall provide all equipment listed in Appendix C for technical rescue units including adequate spare equipment excluding equipment normally utilized for firefighting operations. Contractors agree to continue using the current equipment on technical rescue units over its useful life which equipment will be maintained by the County and repaired or replaced at the County’s option. The County shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the County. Contractors shall be responsible for any repairs that are necessary due to their own negligence. TRT Agreement Page 15 SECTION 506. HAZARDOUS WASTE COLLECTION. All hazardous waste or materials, other than bio-hazardous waste, from all technical rescue incidents remain the responsibility of the incident owner or the agency having jurisdiction. The County is in no way liable for any hazardous waste the Contractors collect during a technical rescue incident. Contractors shall follow applicable procedures for the collection of hazardous waste. Bio-hazardous waste will be handled in accordance with normal operating procedures for the EMS System. SECTION 507. SPECIAL OPERATIONS COORDINATOR. County will provide a special operations coordinator to the TRT. The coordinator shall be a command staff member and act as the liaison between the Parties. Duties of the coordinator will include, but are not limited to, supply and equipment procurement and/or repairs, budget preparation, inventory maintenance and controls, training coordination, invoice processing, keeping of meeting agendas and minutes, contract management, fleet management, liaison to state for specialty teams, grant management, asset management and representation on various regional committees. ARTICLE VI INSURANCE AND LIABILITY SECTION 601. MINIMUM INSURANCE REQUIREMENTS. Contractor shall be self- insured or shall pay for and maintain at least the following insurance coverage and limits as listed below. Insurance coverage and limits shall be evidenced by delivery to the County of: a certificate of insurance executed by the insurer(s) listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the County, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to County a letter from Contractor’s Risk Manager stating that Contractor is self -insured, or the amount of insurance per claim and per occurrence, any gap and the amount of excess insurance up to its coverage. Notwithstanding anything to the contrary contained in this Agreement, Contractor does not waive any immunity or limitation of liability it may have under the doctrine of sovereign immunity or Section 768.28 Florida Statutes. The TRT Agreement Page 16 following insurance requirements shall remain in effect throughout the term of this Agreement (unless Contractor is self -insured, in which case Contractor shall not be required to comply with the following insurance requirements): (a) Provide Workers’ compensation insurance as required by Florida Law. (b) Provide commercial general liability, employers’ liability and commercial vehicle liability insurance that reflects the limits of liability for governmental entities in accordance with Section 768.28(5), F.S., should the State Legislature change these limits, coverage consistent with the revised limits shall be obtained. (c) Professional Liability Insurance, including errors and omissions, with minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form with “tail coverage” extending three (3) years beyond the ending date of this Agreement. In lieu of “tail coverage” the Contractor may submit annually to the County a current certificate of insurance proving claims made insurance remains in force throughout the same three (3) year period. This coverage is subject to statutory and regulatory requirements of Federal, State or local law. (d) Personal and/or Bodily Injury including death and property damage liability Insurance with minimum limits of $1,000,000 Combined Single Limit insurance in excess of all primary coverage. SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS. To the extent that Contractor maintains insurance policies rather than being self -insured, each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that forty-five (45) days prior to expiration, cancellation, non-renewal or any material change in coverage or limits, a notice thereof shall be given to County. Contractor shall also notify County within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material changes in coverage received by said Contractor from its insurer. (b) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (c) The County shall be endorsed to the required policy or policies as an TRT Agreement Page 17 additional insured, exclusive of professional liability insurance. The additional insured clause covers the actions of the Contractor while providing services under the terms of this Agreement. (d) The policy clause “Other Insurance” shall not apply to any insurance coverage currently held by the County, to any such future coverage, or to County’s Self - Insured Retention of whatever nature. SECTION 603. LIABILITY. Contractor and County agree to be fully responsible for their own acts of negligence or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the Contractor or County. Nothing herein shall be construed as consent by Contractor or County to be sued by third parties in any manner arising out of this Agreement. Contractor is not liable for the causes of action arising out of the negligence of the County, its employees or agents, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by the County to provide services related to this Agreement (including but not limited to other Contractors, the Ambulance Contractor, Medical Control Board and Medical Director). This Section 603 shall survive expiration or earlier termination of this Agreement. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. (a) Training funds. County will provide each Contractor up to $56,400 in any Fiscal Year to pay the reimbursement of overtime and backfill cost for TRT members attending training as identified in Section 401. These funds will also be used for reimbursement of overtime and backfill costs for command staff personnel, which normally work a shift schedule, for the time spent on TRT duties performed outside of their normally scheduled shift. It is the Contractors' responsibility to submit reimbursement documentation within twenty (20) calendar days from the last date of TRT Agreement Page 18 training. Funds budgeted in any Fiscal Year will not be carried over to succeeding Fiscal Years. (b) Travel funds. Upon approval of the Director of EMS & Fire Administration, and at his or her sole discretion, the County will provide up to $10,000 each Fiscal Year, to pay the reimbursement of travel expenses for TRT members from all Contractors attending training or professional conferences. Such funds for travel expenses will be limited to lodging, transportation, registration fees and taxi or bus fares in accordance with the County’s then current travel policy and Florida Statutes Section 112.061. Payment of such costs will be in arrears and supported by invoices and receipts. Per diem/subsistence will not be paid by the County. (c) Travel must be accomplished by the most economical means available. (d) Travel requests must be submitted thirty (30) days in advance. Upon approval by the Director of EMS & Fire Administration at his or her sole discretion, the County shall pay the travel expenses (subject to the then current County policies) incurred by the Contractors for training and education of team members. Payment of such costs will be made upon presentation of supporting invoices/receipts. Travel expenses incurred will be reimbursed in accordance with Section 112.061, Florida Statutes. SECTION 702. ADDITIONAL UNITS. Contractor-Funded. Contractors and County understand that TRT is a unified, integrated team requiring the cooperation of all Parties. To insure the integrity of the TRT and the coordinated implementation of any improvements, if a Contractor desires to operate additional technical rescue unit(s) as a Contractor Funded Unit, a Contractor may elect to do so. Contractors are responsible for all costs associated with staffing, equipping and operating its own such Contractor Funded Units. SECTION 703. AUDITS AND INSPECTIONS. At any time during normal business hours, and as often as may reasonably be deemed necessary, representatives of the County may observe Contractors' operations or vice versa. Parties shall make available to the other Parties for their examination, its records with respect to all matters covered by this Agreement, and Parties may, at their own cost and expense, audit, examine, copy, TRT Agreement Page 19 and make excerpts or transcripts from such records, and may, and their own cost and expense, make audits of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement to the extent permitted by law. Contractors shall make available to the Medical Director their records with respect to all clinical matters covered by this Agreement and the Medical Director may, at his/her own cost and expense, audit, examine, copy and make excerpts or transcripts from such records and inspections to the extent permitted by law. The Parties right to observe and inspect operations or records in the other Parties business office shall, however, be restricted to normal business hours, and reasonable notification shall be given the Parties in advance of any such visit. Records relating to contract activities shall be retained for a period of three (3) years from final payment in each year. All representatives of all Parties who observe operations or audit or examine the other Parties records shall conduct themselves in a p olite manner; complete any training required by law; and not interfere with Parties employees’ duties. Audits and inspections shall be done to the extent permitted by law. SECTION 704. FISCAL NON-FUNDING. Notwithstanding any other provision of this Agreement to the contrary, in the event sufficient budgeted funds are not available for a new fiscal year, the County shall notify the Contractors in writing within five (5) days of the determination of such occurrence and this Agreement shall terminate on the last day of current fiscal year without penalty or expense to the County. SECTION 705. NOT TO EXCEED CAP. Any and all compensation, payment, or reimbursement of any kind to the Contractors provided for in this Article VII or elsewhere in this Agreement in any Fiscal Year shall not exceed the specific amount of the approved budget adopted through the County’s governing body’s budgetary process for services or reimbursement to the Contractors provided under this Agreement for such Fiscal Year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the County for any compensation that exceeds the total TRT Agreement Page 20 compensation authorized through the County approved budget. The Parties recognize that in the event of a Disaster, it may be necessary for the County’s governing body to utilize the emergency powers of Chapter 252, Florida Statutes, to authorize a budget amendment modifying such approved budget to provide funds for compensation or reimbursements necessitated by such emergency expenditures. It is further agreed and understood among the Parties that the County may not compel the Contractors to incur expenses beyond the County’s approved budget amount until such time as a budget amendment raising such budget is approved. ARTICLE VIII TERM AND TERMINATION SECTION 801. TERM. The initial term of this Agreement shall be for five (5) years, commencing upon October 1, 2015 and ending at midnight September 30th, 2020, unless this Agreement is earlier terminated as provided for in this Agreement. This Agreement may be renewed for an additional five (5) year period following the initial term, provided that the Parties mutually agree in writing to such renewal which is subject to County and Contractors' approval prior to July 1, 2020. References in this Agreement to “Term” shall include the initial term of this Agreement and all renewals thereof. The effective date of this Agreement for reimbursement purposes shall be October 1, 2015. SECTION 802. TERMINATION. (a) By County for Cause. This Agreement may be terminated by the County for cause upon twenty (20) days written notice to the Contractors in breach. For purposes of this section 802(a), “cause” shall mean (1) the event that a Contractor, for any reason, fails to meet the licensing requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes, or (2) a material breach by a Contractors of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, the County shall provide written notice of such breach and the Contractors shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice or within such additional period of time mutually agreed upon by the Parties. TRT Agreement Page 21 (b) By Contractor for Cause. This Agreement may be terminated by Contractors for cause upon twenty (20) days written notice to the County. For purposes of this section 802(b), “cause” shall mean a material breach by the County or any other Contractor of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, Contractors shall provide written notice of such breach and the County or other Contractor shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice, or, within such additional period of time mutually agreed upon by the Parties. (c) By County or Contractor Without Cause. This Agreement may be terminated without cause by any Contractor or the County upon six (6) months written notice to the other Parties. SECTION 803. DISPOSITION OF ASSETS. (a) Assets Paid For By County. Upon termination of this Agreement, Contractors shall return to County, for the use and benefit of the taxpayers, all assets purchased with funds provided to Contractors under this Agreement for the services provided under this Agreement with the County. County will assume any obligation on such assets which was incurred in accordance with the terms of this Agreement. (b) Assets Paid For By Contractor. Any assets which were purchased solely with funds other than those provided by County to a Contractor under this or any preceding Agreement shall remain the property of the Contractors. (c) As sets Paid For By Both Contractor and County. In case of any asset purchased with funds of both the Contractor and the County, Contractors and County shall determine the fair market value of such asset and then shall pro-rate such fair market value according to the respective interest of the Contractor and the County. In t he event Contractor desire to retain said asset, Contractor shall pay to County an amount equal to County's interest in said asset. In the event that County desires to retain said asset, County shall pay to Contractor an amount equal to Contractor's intere st in said asset. If neither the Contractor nor the County desires to retain said asset, then the asset will be sold at public sale to the highest bidder and the net proceeds distributed according to the respective interest of each of the Contractor and the County. TRT Agreement Page 22 (d) Date to Return Assets. The return of any assets and/or funds in lieu of assets as described in this §803 above, shall be executed and completed upon the effective date of termination as specified in the termination notice. SECTION 804. RESOLUTION OF DISPUTES. To the extent that Contractors and County cannot, after good faith attempt, resolve any controversy or dispute that may have arisen under this Agreement or §701, Contractors and County shall appoint an ad -hoc committee consisting of one representative from the County, one representative from the Contractor and one mutually agreed upon representative from the Pinellas County Fire Chiefs Association, to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often as necessary under the circumstances in an attempt to resolve the controversy or dispute. The committee shall review each Party’s submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall complete its review within sixty (60) days of the date that the committee is notified of the controversy or dispute (unless the Parties mutually agree to extend this period of time) and submit any recommendation to the Pinellas County Administrator and Contractors. All recommendations and other actions of the committee shall be non-binding. After the committee has submitted its recommendation to the Pinellas County Administrator and Contractors, either Party may thereafter request to refer the matter to non-binding mediation in the State of Florida. If the Parties do not agree upon a representative for the committee, if either Party chooses not to engage in mediation or if the Parties engage in mediation but mediation fails to resolve the dispute, either Party may pursue its legal remedies, including, but not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the appropriate court possessing competent jurisdiction. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractors will not discriminate against any applicant for employment because of age, race, color, religion, sex, sexual orientation or national origin. Contractors agree that applicants will TRT Agreement Page 23 be employed, and that employees are treated during employment, (e.g. layoff or termination, promotion, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship), without regard to age, race, color, religion, sex, sexual orientation or national origin. SECTION 902. NOTICES. All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to County: Director, Pinellas County EMS & Fire Administration 12490 Ulmerton Road – Suite 134 Largo, Florida 33774 If to Contractors: See Appendix E SECTION 903. ENTIRE AND COMPLETE AGREEMENT. This Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement. SECTION 904. OTHER DOCUMENTS. Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement. SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity, interpretation, construction and performance of this Agreement. SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this TRT Agreement Page 24 Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed necessary. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. SECTION 907. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. SECTION 908. CONTRACTORS ARE INDEPENDENT CONTRACTORS. The Parties agree that throughout the term of this Agreemen t, and during the performance of any obligations hereunder, Contractors are independent contractors in all respects and shall not be the agent, servant, officer, or employee of Pinellas County. SECTION 909. NO THIRD-PARTY BENEFICIARIES, ASSIGNMENT. This Agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the Contractors under this Agreement, shall be assigned to any person, private association o r corporation, not-for-profit corporation, or public body without the prior written consent of the County. SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of reference and do not constitute a part of this Agreement. SECTION 911. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. TRT Agreement Page 25 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be execut ed on this day of , 2016. ATTEST: PINELLAS COUNTY KENNETH BURKE, CLERK By and through its Board of County Commissioners by: by: Deputy Clerk Chairman TRT Agreement Page 26 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2016. Countersigned CITY OF CLEARWATER By: _____________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to Form: By: ______________________________ Robert J. Surette City Attorney (Designee) Attest: Seal By: ______________________________ Rosemarie Call City Clerk TRT Agreement Page 27 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2016. Countersigned CITY OF LARGO By: _____________________________ By: ________________________ Mayor City Manager Reviewed and approved: ______________________________ City Attorney (Designee) Attest: Seal By: ______________________________ TRT Agreement Page 28 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2016. Countersigned CITY OF PINELLAS PARK By: _____________________________ By: ________________________ Sandra L. Bradbury Douglas A. Lewis Mayor City Manager Approved as to Form and Correctness: ______________________________ City Attorney Attest: Seal By:______________________________ City Clerk TRT Agreement Page 29 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2016. Countersigned: CITY OF ST. PETERSBURG, FLORIDA by:_____________________________ Print:___________________________ Title:____________________________ APPROVED AS TO CONTENT AND FORM Attest: FOR CITY OF ST. PETERSBURG ONLY: by:____________________________ by:_____________________________ City Attorney (designee) City Clerk TRT Agreement Page 30 APPENDIX A - PINELLAS COUNTY TECHNICAL RESCUE RESPONSE TEAM STANDARD OPERATING PROCEDURES MANUAL Refer to the Resource Disc TRT Agreement Page 31 APPENDIX B –TECHNICAL RESCUE VEHICLES ASSET YEAR DESCRIPTION UNIT ID REPLACE/DISPOSITION YEAR 61581 1988 GMC 7000 Class 7 TE48 Replace in kind (Large Box Truck) FY 17/18 95497 1993 Mitsubishi, Truck, 14 ft. TE14 Replace in kind (Medium Box Truck) FY 18/19 111619 2007 Ford F 450 U4 Replace in kind FY 19/20 116689 1992 International TE34 Replace with Medium Duty Rescue Squad FY 16/17 2006 Pierce HR4 City of St. Petersburg asset ASSET YEAR DESCRIPTION UNIT ID REPLACEMENT/DISPOSITION YEAR 91154 2001 Pace Trailer TRL42 Demobilize FY 15/16 119681 2015 Wells Cargo Trailer TRL48 Replace in kind FY 23/24 122117 1985 Hackney Trailer TE42 Replace in kind FY 35/36 TRT Agreement Page 32 APPENDIX C –EQUIPMENT HEAVY RESCUE 4 ITEM NAME DESCRIPTION Comm System CSI 2100 Confined Space Communication System Air Cart Air Resource Cart w/ HI Pressure Cutting Tool Petrogen Heavy Rescue Cutting Tools SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpack Harness Masonry Saw 14" Masonry Circular Saw w/ Blade Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Thermal Camera Thermal Imager K1000 Chiseling Hammer Hilti Chiseling Hammer TE-905 AVR -115V Tripod Paratech Tripod Portable Radio Motorola XTS 5000 II Portable Radio Raker Raker Shore Rescue Equipment Search Cam Mongoose Search Cam - Extrication Camera Delsar Life Detector Delsar Life Detector - 4 Sensor System Sirius MSA SIRIUS Multi-Gas Detector Core Drill Hilti Core Drill w/ 4 diamond core bits Raker Shore System Bi Pod Conversion Kit Raker Shore System Flying Strut Conversion Kit Hydra Ram Hydra Ram II Go Pro 4 Go Pro 4 black TRT Agreement Page 33 TRAILER 4 ITEM NAME DESCRIPTION Mud Pump 3" Mud Diaphragm Pump Power Unit Stanley Power Unit - Single Circuit w/ 110V & 12V Breaker Hammer 90 lb. Breaker Hammer Breaker Hammer 45 lb. Breaker Hammer Hydraulic Saw 15" Hydraulic Saw w/ bar, chain, case Cut Off Saw 14" Cut Off Saw Hammer Drill Hammer Drill Kor It Drill System Kor It Drill System TECH 14 ITEM NAME DESCRIPTION Truck 1993 Mitsubishi Truck w/ 14' Box Bed Rescue Craft RDC Water Rescue Craft Rescue Craft Water Rescue Craft Radio Motorola XTS5000 Outboard Motor Yamaha 2008 Outboard Motor - 15 hp. Zodiac Zodiac AVON ERB 400 Emergency Rescue Boat Boat Motor Yamaha 2009 long shaft motor Lifesled Lifesled Lifesled Lifesled Convert-a-comm Motorola convert-a-comm TRT Agreement Page 34 UTILITY 4 ITEM NAME DESCRIPTION Mobile Radio Motorola Mobile LCS 2000 Smartzone Radio Convert a Com Motorola Convert a Com F450 2007 F450 TECH 34 ITEM NAME DESCRIPTION Comm System CSI 2100 Confined Space Communication System Comm System CSI 2100 Confined Space Communication System SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpak Harness w/ AV3000 Facepiece Portable Radio Motorola XTS 5000 II Portable Radio Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness SKED Evac Tripod SKED Evac Tripod w/ carry bag Sirius MSA SIRIUS Multi-Gas Detector International 1992 International truck Convert-a-comm Motorola convert-a-comm Stokes Basket CMC stokes basket TRT Agreement Page 35 TECH 42 ITEM NAME DESCRIPTION Comm System CSI 2100 Confined Space Communication System Air Cart Air Source Cart Air Cart 6000 PSI Air Source Cart Cutting Tool Petrogen Heavy Rescue Cutting Tools SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpak Harness w/ AV3000 Facepiece Air Hammer Quik Kut Air Hammer HD Kit Portable Radio Motorola XTS 5000 II Portable Radio Exothermic Torch Exothermic Torch, Slice Cordless Pack Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Sirius MSA SIRIUS Multi-Gas Detector Air Tank 4500 psi - 60 minute cylinder Air Tank 4500 psi - 60 minute cylinder Hydra Ram Hydra Ram II (Rabbit tool) Generator Honda Generator 6500W Prism Light Prism Inflatable Light - 1000W Model - PIL1000 Generator 6.5 KW Generator - Gas - 4NY96 TRT Agreement Page 36 TRAILER 42 ITEM NAME DESCRIPTION Trailer Pace Covered Trailer SKED Evac Tripod SKED Evac Tripod w/ carry bag, orange bag Comm System CSI 2100 Confined Space Communication System TRAILER 48 ITEM NAME DESCRIPTION Trailer 2014 Enclosed Trailer COMMANDER VEHICLE ITEM NAME DESCRIPTION Portable Radio Motorola XTS 5000 II Portable Radio Radio Motorola XTS5000 WINCH 9000 LB WINCH TRT Agreement Page 37 TECH 48 ITEM NAME DESCRIPTION GMC Truck H 29 - 2 ton 1GDM7D1F6JV532909 Intercom Controller Barton Intercom Controller Radio Mobile Radio - Motorola T99DX131W Spectra Body Splint Miller Body Splint - Miller Halfback Mud Pump Mud Diaphragm Pump SCBA Scott Airpak Harness w/ AV3000 Facepiece SCBA Scott Airpak Harness w/ AV3000 Facepiece Vacuum Hose Vacuum Truck Hose Support System (Air Spade) Portable Radio Motorola XTS 5000 II Portable Radio Breaker Hammer Brute Breaker Hammer Masonry Saw 14" Masonry Circular Saw w/ Blade Air Pack AV200 Scott-Pak Harness Air Pack AV200 Scott-Pak Harness Air Lift Bag 14 Ton Paratech Air Lifting Bag Concrete Chainsaw Concrete Chainsaw Kit - 14" w/ pump & diamond chain Sirius MSA SIRIUS Multi-Gas Detector Generator 6.5 KW Gas Briggs & Stratton Generator #1933 - Gas - 4PA18 (in 95767) Hydra Ram Hydra Ram II Go Pro 4 Go Pro 4 black TRT Agreement Page 38 APPENDIX D - SUPPLY INVENTORY Pinellas County will provide supplies to outfit the following caches’. The caches’ will be developed with minimum inventory levels and a replacement schedule to support technical rescue responses with the appropriate equipment. Rope: To include, but not be limited to, ascenders, descenders, edge protectors, pulleys, carabiners, webbing, rope, harnesses, minding pulleys, rescue racks, gear bags, prusiks, pick off straps, stokes basket, stretcher harness and PPE to support rope rescues. Confined space: To include, but not be limited to, escape paks, half mask respirators, filter cartridges, lighting and air supply equipment. Trench: To include, but not be limited to, trench boards, cribbing and support wood. Structural collapse: To include, but not be limited to, anchor shackles, anchoring system, Sawzall blades, camera, drill bits, dust masks, canopy, hoists, nails, Tapcons, marking paint, air tool oil, angle grinder blades, wood, welding tips and cutting blades. Machinery and equipment: To include, but not be limited to, anchor shackles, Sawzall blades, camera, drill bits, dust masks, canopy, hoists, nails, marking paint, air tool oil, angle grinder blades, and cutting equipment. Shoring: To include, but not be limited to, nails, wood, screws and cutting equipment. TRT Agreement Page 39 APPENDIX E - CONTRACTOR CONTACTS City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 Attn: Chief Robert Weiss City of Largo with a required copy to: City of Largo Attn: Fire Chief Attn: City Attorney P.O. Box 296 P.O. Box 296 Largo, FL 33779 Largo, FL 33779 Attn: Chief Shelby Willis City of Pinellas Park P.O. Box 1100 Pinellas Park, FL 33780 Attn: Chief Guy Keirn City of St. Petersburg 400 Dr. Martin Luther King, Jr. Street South St. Petersburg, FL 33701 Attn: Chief James Large Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2696 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Award a new contract (Purchase Order) to De Nora Water Technologies Inc., (De Nora) Pittsburgh, PA, in the annual amount of $150,000.00 effective August 18, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: Reverse Osmosis Water Treatment Plant 1 (RO1) has an adsorption filter system that used to meet primary drinking water compliance for arsenic. The filter system utilizes a synthetic granular iron media specifically designed to remove Arsenic and has a specific life. There are two filter vessels; “A” and “B” within the system. It is estimated that every year at least one filter will require new media. The media in Filter “A” has been replaced once. Filter “B” has media that is very close to the end of its useful life. De Nora Water Technologies will provide the media change-out service and repairs for the arsenic adsorption system at RO1 to continue compliance with primary drinking water regulations. De Nora is the sole source provider and the only qualified vendor to work on the underdrain of the adsorption filter system. Please reference Exceptions to Bidding, City Code Section 2.564 (1)(b), Sole Source. Public Utilities Water Division believes there is a broken section of underdrain material. Siemens makes a similar iron based media, which has a higher density and moisture content. As the media vessel is currently configured, the import media from Siemens is not compatible with the underdrain in the vessel and using this product would cause failures and plant shutdowns. Per the manufacturer’s recommendation, De Nora will add a layer of gravel to prevent future underdrain failures. The City currently has a 5-year performance bond on the Bayoxide E33, which was a part of the RO1 expansion project. The City required a 5-year performance bond as it needed assurance that this new technology to remove arsenic would be effective and the replacement media would continue to be available for at least that time period. Using any other media for the change-out would void the performance bond. However, the proposed modification to this underdrain system by De Nora would then allow the Siemens product to be considered in the future. APPROPRIATION CODE AND AMOUNT: 0327-96721-563800-533-000-0000 $150,000.00 Page 1 City of Clearwater Printed on 8/16/2016 File Number: ID#16-2696 Sufficient funding is available in the Utility Renewal and Replacement Fund 0327-96721, System R & R Maintenance to fund the current fiscal year’s cost of $150,000.00 of the contract. Page 2 City of Clearwater Printed on 8/16/2016 Page 1 of 11 CITY OF CLEARWATER PROPOSAL FOR MEDIA CHANGE OUT SERVICES FOR THE CLEARWATER ARSENIC TREATMENT SYSTEM This proposal contains proprietary or confidential information of De Nora Water Technologies, Inc. (DNWT) regarding patent protected proprietary technologies and their implementation in the field, recommended uses and costs. Any such proprietary or confidential information disclosed herein is provided at buyer's request and solely for the purpose of enabling buyer to evaluate this proposal. In receiving and reading this proposal, buyer agrees that it will not reveal or otherwise distribute its contents to any third party without DNWT's prior written consent. The foregoing limitation shall not preclude buyer from disclosing the contents of this proposal to its employees, on a need to know basis, who have the responsibility to evaluate and/or implement the program set forth in this proposal. This proposal shall at all times remain the exclusive property of DNWT until accepted by the party to which it was tendered. DNWT Proposal P-19484 REV 1 11 JULY 2016 Page 2 of 11 MEDIA CHANGE OUT SERVICES FOR CITY OF CLEARWATER, FL 1.0 INTRODUCTION De Nora Water Technologies, Inc. (DNWT) is pleased to offer the City of Clearwater, FL this proposal the supply of new Bayoxide® E33 media, and services for media change-out and conditioning of (1) 14’ diameter Arsenic Removal Filter and removal of media, inspection of underdrain, and replacement of media of (1) 14’ diameter Arsenic Removal Filter at the Water Treatment Plant in Clearwater, Florida. 2.0 SCOPE OF WORK DNWT will bring its own crew to the site to Remove the spent media from the lead vessel and dispose. Clean and inspect lead vessel. Install 6” gravel on top of underdrain Remove the media from the lag vessel by hand and place in sacks for reuse. Place the media from the lag vessel into the lead vessel, and put vessel back in service. Inspect lag vessel after media is removed to determine cause of lost media. Provide proposal to make necessary repairs to lag vessel. After repairs are completed the DNWT supplied crew will go back to site. Install 6” gravel on top of underdrain. Refill the lag vessel with virgin Bayoxide E33. Place lag vessel back on line. Gravel Supply: DNWT will supply 1/8” x 1/16” Filter Gravel to be installed on top of the underdrain. (308) 50# bags will be delivered to the job site. Media Supply: DNWT will supply virgin granular Bayoxide® E33 750-kg supersacks for the media change out. Ten (10) super sacks (520 cu. ft.) will be delivered to the job site. Lag Vessel Change-Out Services: DNWT will provide all labor, expertise and equipment required for the removal, and replacement of media at the site listed above. The removal and replacement services include shoveling out the media and placing in sacks. Media will be placed in the lead vessel after that one is empty. DNWT will perform a visual inspection of the vessel to check general condition and to determine the cause of the media loss. DNWT Technician will explain the reason for the media loss to the Clearwater Representative and come up with a Page 3 of 11 repair/rework procedure. Once the vessel is repaired 6” of 1/8” x 1/16” gravel will be placed on top of the filter underdrain prior the filter being refilled with virgin media. Disinfection chemicals (supplied by Clearwater) will be added and media bed will be left to ‘soak’ for a period of time after which DNWT personnel will perform the initial backwash and the Adsorber will be placed back on-line. Not included in the price is the cost to perform the repairs that is causing the media loss. Lead Vessel Change-Out Services: DNWT will provide all labor, expertise and equipment required for the removal and replacement of spent media at the site listed above. The removal and replacement services include pumping/sucking spent media out of the vessel(s) and placing into appropriate transportable container(s). DNWT will perform a visual inspection of the vessel to check general condition, and for any leaks or items of concern. 6” of 1/8” x 1/16” gravel will be placed on top of the filter underdrain prior to the filter being refilled with the media that was removed from the lag vessel, disinfection chemicals (supplied by Clearwater) will be added and media bed will be left to ‘soak’ for a period of time after which DNWT personnel will perform the initial backwash and the Adsorber will be placed back on-line. These services will require taking the adsorber out of service for approximately three (3) days. Please note that the backwash water will be discharged to the backwash holding tank or a local sewer, ditch or pond. This will allow the media change out service to be done in the time estimated below. If this is not acceptable it is up to the City to arrange for disposal of backwash water or DNWT will charge for additional time required to wait for the backwash system to recover. DNWT will transport and dispose of the spent media along with other waste (gravel, pallets and trash) off-site at a DNWT designated landfill. Total time for this change out service is estimated to be three (3) days on site. See section 3.0 for qualifications on any additional time required to complete these services. DNWT requires a minimum of four (4) weeks’ notice for the proposed service to arrange media delivery and scheduling of a crew to perform the work. Services will be performed at a mutually agreed upon date. 3.0 QUALIFICATIONS AND CLARIFICATIONS The following items and/or services are to be provided by others and are not considered to be part of DNWT scope of supply. Electric power for hand tools and use of restroom facilities for DNWT personnel and/or representative at each site. Disinfection chemicals for conditioning and the initial backwash of the filters. Page 4 of 11 All permits for personnel access and work activities (i.e.; confined space entry permits) are to be ready upon arrival of DNWT personnel. The spent media must have a Toxicity Characteristic Leaching Procedure (TCLP) test done before disposal in order to confirm that it meets the federal guidelines of a non-hazardous material. The City is required to take a composite core sample from the filter and arrange for TCLP (8 RCRA metals) testing to be done. Cost for this testing is the responsibility of the City. All our test work to date indicates the spent media will meet federal guidelines for non-hazardous material. DNWT assumes the government’s criteria for hazardous and non-hazardous will not be changed. If any governmental authority determines that the spent media must be transported or disposed of as hazardous material any additional costs will be passed on to the City. All prices are based on the spent Bayoxide media being free flowing during the removal process. If the spent media is not free flowing and causes delays in the service, additional charges may apply. If the number of days on site is extended beyond the time outlined above and is due to Force Majeure, then DNWT will be allowed an appropriate number of day(s) extension. If additional days are required due to delays caused by parties other than DNWT then additional days will be allowed to complete the services and additional charges will be negotiated. Additional services can be purchased, if desired, at the rate of $1,500.00 per day (8 hour/day max.) including travel days. Plus travel and living expenses charged at cost. When the DNWT field representative and crew arrive on-site for the scheduled service, the vessel should be drained of water and all equipment must be ready for work to begin. If equipment is not ready then our standard per diem rate, plus travel and living expenses, will apply. Prior to the scheduled service the City will need to provide DNWT with a copy the TCLP test results and the Chain of Custody form for the sample. In addition the City will be required to sign a Waste Profile form confirming that the material has been tested and is acceptable for disposal. 4.0 PRICE AND PAYMENT SCHEDULE DNWT will deliver the materials and service described herein for a lump sum price of $134,615.00 and is broken out as follows: Page 5 of 11 Task 1 Price: $27,315.00 Remove and dispose of the spent media in Vessel “B”. Add a layer of silica gravel to “B”. Move the substantially good media in vessel “A” (“A” has the broken drain) to vessel “B”. Place Vessel “B” back in service. Task 2 Price: To Be Determined based on results of inspection Repair the underdrain system of vessel “A” Task 3 Price: $107,300.00 Add a layer of silica gravel to vessel “A”. Add new media to vessel “A” Payment Terms are net 30 days after invoice. When possible all invoices will be submitted by the 25th day of the month. Interest will be billed at 1-1/2% per month on invoices unpaid after thirty (30) days or the maximum allowable by law, whichever is less. Payment shall be made as follows: 100% upon completion of the media change out 5.0 ACCEPTANCE OF PROPOSAL Acceptance of this proposal is based on the incorporation of any referenced documents including but not limited to an insurance certificate, and the attached Standard Terms and Conditions of Sale are incorporated herein and are agreed to be a material part of this Agreement. AGREED BY: AGREED BY: De Nora Water Technologies, Inc. City of Clearwater ___________________________ ___________________________ (Name) (Name) ___________________________ __________________________ (Title) (Title) ___________________________ __________________________ (Date) (Date) Page 6 of 11 DE NORA WATER TECHNOLOGIES, INC. STANDARD TERMS AND CONDITIONS OF SALE 1. APPLICABLE TERMS 1.1 The sale of goods and related services (if any) hereunder (collectively, the “Product(s)”) is limited to and made expressly conditional on Buyer’s acceptance of these terms and conditions of sale. 1.2 These terms and conditions shall control over any inconsistent or additional terms or conditions proposed or issued by Buyer or Seller, including any additional or different terms contained in any purchase order, acknowledgement, proposal or other communication, written or otherwise unless specifically agreed to in writing by both parties. 1.3 Buyer’s acceptance of delivery or the full or partial payment of the purchase price hereunder, shall constitute Buyer’s acceptance of all the terms and conditions stated herein, notwithstanding any other inconsistent terms and conditions, prior dealings or usage of trade. 1.4 No modification of these terms and conditions (including any special terms and conditions, changes in scope, specifications, price or delivery schedule) shall be of any force or effect unless agreed in writing and signed by both parties. 2. PRICES AND PAYMENT TERMS 2.1 All prices and payments shall be in U.S. currency. Unless specifically noted otherwise in Seller’s Documentation, prices are exclusive of any and all sales, use, excise, ad valorem, property or other taxes due or applicable to this transaction. Buyer shall pay directly or reimburse Seller immediately upon demand for any and all such taxes. 2.2 Buyer shall pay the full purchase price as set forth on the face of this document or that certain document to which these terms are attached (“Seller’s Documentation”), without any deduction by way of set-off, counterclaim, discount or otherwise. 2.3 Unless otherwise stated on the face hereof, payment terms are Net Thirty (30) Days from date of invoice. Payment of retention, if any, shall be made no later than 30 days from Product Acceptance pursuant to the terms hereof or 180 days from date of shipment, whichever occurs first. 2.4 Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at the rate of one and one-half (1-1/2%) percent per month or the maximum rate permitted by applicable law, whichever is less. Seller reserves the right, among other remedies, to suspend further deliveries in the event Buyer fails to pay for any one shipment when payment becomes due. All orders are subject to credit approval. Should Buyer’s financial condition become unsatisfactory to Seller, Seller shall have the right, at its option, to payment in advance, to cash payment upon delivery or to satisfactory security. 2.5 Buyer hereby irrevocably grants Seller a security interest in the Products until such time as Buyer makes full payment of the purchase price. Buyer agrees, if requested, to execute a financing statement as may be necessary to perfect and maintain such security interest including the execution and delivery to Seller of a UCC-1 financing statement. 3. DELIVERY AND RISK OF LOSS 3.1 Delivery dates set forth in Seller’s Documentation are approximate and Seller will make all reasonable efforts to meet same. Timely delivery is subject to prompt receipt from Buyer of accurate and complete technical and shipping information. Seller reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms specified in the paragraph 2.3 above. 3.2 Unless otherwise modified by Seller’s Documentation, shipping terms are F.O.B. Seller’s facility. All Products shall be shipped to the location specified by Buyer. Buyer must provide Seller with specific written instructions as to Buyer’s preferred method of shipment or common carrier. In the absence of such instructions from Buyer, method of shipment shall be at Seller’s discretion. 3.3 All shipping, handling and insurance costs are to be paid by Buyer. Buyer is liable for compliance with all laws and regulations governing the unloading, storage, handling and use of all Products. 3.4 Whether or not installation services are performed by Seller, title and risk of loss shall pass to Buyer at the time that the Products are placed with a common carrier for shipment to the location designated by Buyer. Buyer shall bear all risk of loss in transit. Any claims for damages, loss or delay in transit should be made immediately by Buyer directly to the carrier. Page 7 of 11 3.5 In the event Buyer requests a postponement of delivery beyond the date specified in Seller’s Documentation, Seller may invoice the Buyer and title and risk of loss shall pass to Buyer at such time as Products are made available for shipment, but in no event earlier than the delivery date specified in Seller’s Documentation. If delivery is postponed by Buyer, Seller shall endeavor but shall not have the obligation to either store the Products or secure a storage location at Buyer’s expense and based upon terms and conditions agreeable to the parties. 3.6 Prior to installation, Products must be stored by Buyer in accordance with the storage instructions that may be a part of Seller’s instructions for Products installation, maintenance and care. In the absence of specific instructions, Products must be stored prior to their installation in an enclosed space affording protection form weather, dust and physical damage and providing appropriate temperature, humidity and ventilation conditions to prevent deterioration. 3.7 Buyer’s failure to follow Seller’s storage instructions may cause damage to the Products and will void the warranties provided hereunder. Seller shall have the right to inspect Products stored by Buyer prior to installation. If Products are stored by Buyer for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs of inspection. 4. PRODUCT ACCEPTANCE 4.1 Except for Products that are not assembled at Seller’s facility, Buyer has the right to inspect Products at Seller’s facility prior to shipment provided that advance written arrangements are made by Buyer and are confirmed in writing by Seller. Any and all costs associated with inspection and testing requested by Buyer at Seller’s facility will be paid by Buyer. 4.2 Buyer shall inspect the Products within a reasonable period of time following receipt at the point of destination and prior to conducting any Acceptance Test to determine if the Products are damaged, incomplete or do not otherwise conform to Buyer’s request. 4.3 If Buyer receives Products with visible or suspected damage or loss, including damages to the packaging, or with discrepancies in specification, Buyer shall make relevant notes in receiving documents and notify Seller immediately. Such notice shall be reasonably detailed and shall specify the damage or discrepancy. 4.4 Buyer’s failure to inspect the Products and give written notice to Seller of any alleged defects or non -conformity within a reasonable time after receipt at the point of destination shall waive Buyer’s right to reject the Products and return them to Seller for credit and Buyer’s sole remedy for nonconforming or defective Products shall be warranty claims made in accordance with Article 7 herein. 4.5 For purposes of this Article 4, “reasonable period of time” means a period of time that is not immoderate or excessive, in accordance with industry standards. 4.6 If Seller’s Documentation provides that the Products are subject to specific acceptance testing (the “Acceptance Test”) in order to verify Product performance in accordance with agreed specifications, the Products shall be deemed fully accepted when they have satisfied the requirements of the Acceptance Test. Buyer’s remedy for Products that have failed an Acceptance Test or are in the warranty period shall be limited, at Seller’s sole discretion, to the repair or replacement of such Products. 4.7 Notwithstanding any right conferred upon the Buyer to inspect or test the Products prior to acceptance, any use or alteration of the Products by Buyer, its agents, employees or licensees, for any purpose after deliv ery thereof, shall constitute Buyer’s irrevocable acceptance of the Products. Accordingly, in the event of any discovery by Buyer of a non-conformity or defect following such acceptance of the Products, Buyer’s sole recourse is a warranty claim pursuant to the warranty provisions stated in Article 7 herein. 5. INSTALLATION AND/OR START UP SERVICES 5.1 If Seller’s scope of supply includes installation supervision and/or start up services, Buyer will confirm to Seller at least two (2) weeks prior to the date Seller’s personnel will be required on site to perform such services that Buyer has fully completed all work necessary for such installation and/or start up services in accordance with Seller’s instructions. In the event that the completion of such services is delayed by Buyer for any reason not the fault of Seller following Seller’s arrival on site, Buyer shall pay for any additional costs resulting from the delay. 5.2 To the extent that Seller’s scope of supply includes supervising the installation of the Produc ts, Seller shall not be responsible for the means and methods selected for such installation, nor for the manner in which such installation services are performed, including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such installation and/or start up services, except that the Seller shall be responsible for any claims or damages resulting from its own negligence. 6. CANCELLATION Page 8 of 11 6.1 Unless otherwise provided in Seller’s Documentation, if Buyer cancels or partially cancels an order, Buyer shall promptly pay Seller for all work performed on account of the Products prior to cancellation plus any other reasonable costs incurred by Seller as a result of such cancellation including, if applicable, an appropriate restocking fee. 7. WARRANTY 7.1 Subject to the conditions stated below, Seller warrants the Products against defects in materials and workmanship for a period of eighteen (18) months from the date in which title has passed to Buyer or twelve (12) months from the date of installation of the Products, whichever occurs first. 7.2 Seller shall, at its option, repair or replace any Products or components thereof that prove upon examination to the satisfaction of Seller to be defective. In addition, any part or component that has been repaired or replaced shall be warranted for a period equal to the longer of (i) the remaining warranty period hereunder; or (ii) one year from the date of such repair or replacement. 7.3 In the event that Seller fails to initiate a corrective action plan to repair or replace the defective components within ten (10) days following Buyer’s notification, Buyer may, at their option, take action to repair or replace such defective product and Seller shall bear the direct and commercially reasonable cost for parts and labor thereof. In such circumstances, Seller has no warranty obligation with regard to the repair or replacement performed by Buyer. Further, if Buyer improperly repairs or replaces the defective Products and/or uses incompatibl e components, Seller is not responsible for any costs, damages or malfunctions resulting therefrom. 7.4 Any alteration, disassembly, storage or use of the Products not in accordance with Seller’s instructions shall void the warranty. Buyer assumes full responsibility in the event Buyer uses the Products in combination with other goods or in any manner not stated in Buyer’s specifications provided prior to sale. 7.5 All costs associated with removing the Products from service and re-installing same following examination, repair or replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from Seller’s facility, if required, are to be prepaid by Buyer. 7.6 THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY EXCLUDED; PROVIDED, HOWEVER, THAT THE PRODUCTS ARE WARRANTED TO CONFORM IN ALL MATERIAL RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS, AND PERFORMANCE STANDARDS, INCLUDING ANY MUTUALLY AGREED MODIFICATIONS THERETO. 7.7 SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY. 8. INDEMNIFICATION 8.1 Buyer and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property damage claims asserted by third parties as a result of the other’s negligent acts or omissions. To the extent that both Buyer and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a third party against either Buyer or Seller, then in such event, Buyer and Sel ler shall each be responsible for a portion of the liability, including costs and expenses, attributable to its comparative share of the total negligence. 8.2 Seller agrees to indemnify and hold harmless Buyer against any third party claim alleging that the P roducts infringe upon a valid and enforceable United States patent, provided Buyer gives Seller written notice immediately when such claim is asserted, directly or indirectly. 8.3 Notwithstanding the foregoing, Seller shall have no liability to Buyer if any patent infringement or claim thereof is based upon or arises out of (a) compliance with designs, plans or specifications furnished by or on behalf of Buyer; (b) use of the Products in a manner for which the Products were neither designed nor contemplated; or (c) the Page 9 of 11 claimed infringement of any patent in which the Buyer or any affiliate or subsidiary of Buyer has any direct or indirect interest by license or otherwise. 9. INSURANCE 9.1 Seller agrees to maintain the following levels of insurance coverage: Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate. The Commercial General Liability insurance shall include coverage for bodily injury, property damage, products/completed operations and contractual liability; Automobile Liability insurance with a combined single limit of $1,000,000; and Workers’ Compensation insurance in compliance statutory limits and Employer’s Liability insurance with a limit of $1,000,000 9.2 Buyer agrees to maintain Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate, including contractual liability. 10. LIMITATION OF LIABILITY 10.1 Seller’s total liability to Buyer with respect to any cause of action or claim hereunder shall not exceed th e purchase price payable hereunder. 10.2 In no event shall Seller be liable, either directly or as indemnitor of Buyer, for any special, punitive, indirect or consequential damages, including but not limited to damages for loss of use, loss of income or loss of profit. 10.3 Notwithstanding the above, this limitation of liability shall not apply to: a) claims brought directly against the Seller by unrelated third parties; and b) claims arising from Seller’s gross negligence or willful misconduct. 10.4 All of Buyer’s claims or actions of any description whatsoever against the Seller shall be brought not later than one (1) year after the occurrence of the event upon which each such claim or action is based. 11. FORCE MAJEURE 11.1 Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that, such failure or delay is caused by an event of Force Majeure. 11.2 Force Majeure shall mean any act, event or condition that is beyond Seller’s reasonable control, that materially and adversely affects Seller’s ability to perform its obligations hereunder, and that is not the result of Seller’s willful neglect, error, omission or failure to exercise reasonable due diligence. 11.3 If Seller is unable to perform any of its obligations hereunder as a result of a Force Majeure event, Seller shall be required to resume performance upon termination of the event and shall have reasonable additional time for performance. 11.4 In addition, to the extent that a Force Majeure event increases Seller’s cost of performance hereunder, Buyer shall bear all such additional costs of performance, excluding any costs that are covered by Seller’s insurance. 12. DEFAULT AND TERMINATION 12.1 The substantial failure of either party to comply with the terms of this c ontract shall constitute default hereunder. Upon default by one party, the other nondefaulting party shall provide written notice clearly specifying the nature of the default. The defaulting party shall have thirty (30) days to cure the default. 12.2 The defaulting party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30) days and is not cured within thirty (30) days, this contract may be terminated. 12.3 In the case of default that cannot be cured within thirty (30) days, this contract shall not be terminated so long as the defaulting party has given written notice of extension to the other party and the defaulting party has commenced and is diligently pursuing a cure. Page 10 of 11 12.4 In the event of any termination, Seller shall be paid for Products delivered and services rendered (including Products specifically manufactured/assembled or special ordered for the Buyer that have yet to be supplied) through the date of termination. 12.5 For purposes of this contract, the failure of Buyer to pay Seller in accordance with the payment terms hereunder shall be considered a substantial default for which no cure period beyond 30 days shall be allowed. 12.6 In the event the Buyer’s default, Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend work until the default has been cured. 12.7 No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion. 13. INTELLECTUAL PROPERTY 13.1 All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller in connection with the Products sold hereunder shall remain Seller’s exclusive property. Buyer shall not disclose any such material to third parties without Seller’s prior written consent. 13.2 Buyer will not undertake any analyses or “reverse engineering” of the products for the purpose of designing, developing or manufacturing by the Buyer or by any third party of products that compete with the Product(s). 13.3 Seller will retain sole ownership of all discoveries, improvements, inventions, patents, trademarks, copyrights, know-how, trade secrets, or other intellectual property rights associated in any way with the Products. The parties specifically agree that all improvements, inventions, discoveries and copyright in works of authorship, including those in formative stages, made by either party hereto (either alone or jointly with others) improving upon or related to the Products shall from the time of conception or, in the case of works of authorship, from the time of creation, be the property of Seller. 14. RELIANCE ON INFORMATION 14.1 Buyer acknowledges that Seller has used and relied upon information provided by the Buyer, if any, regarding site conditions, specifications and other technical requirements in the design, installation and start -up of its Product(s). Seller shall not be obligated to establish or verify the accuracy of the information furnished by the Buyer nor shall Seller be responsible for the impact or effect on its Products(s) and any services provided by Seller hereunder of the information furnished by the Buyer in the event that such information is in error. 15. MISCELLANEOUS PROVISIONS 15.1 These terms and conditions constitute the entire contract of sale and purchase between Buyer and Seller and supersede all prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless such document states that it intends to modify this contract and is signed by both parties. 15.2 No modification of this contract (including changes in scope, specifications, price or delivery schedule) sh all be of any force or effect unless made pursuant to a writing signed by both parties. No course of dealing or performance or usage of trade may be used to modify this contract. 15.3 The failure on the part of either party to enforce its rights as to any provisions herein shall not be construed as a waiver of its rights to enforce such provisions in the future. 15.4 Should any provision of this contract for any reason be declared invalid or void, such declaration will not affect the remaining provisions of this contract, which shall remain in full force and effect. 15.5 Buyer may not assign or permit any other transfer of this contract without Seller’s prior written consent. 15.6 Buyer shall strictly comply with and refrain from exporting or re-exporting the Products in violation of, United States’ laws regarding trade restrictions and embargoes, as such laws may be amended from time to time. 15.7 This contract is entered into solely between, and may be enforced only by, the Buyer and Seller; and this contract shall not be deemed to create any rights in third parties, including customers of the Buyer, or to create any obligations to any such third parties. Page 11 of 11 15.8 These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. our research - your future DE NORA WATER TECHNOLOGIES, INC 1000 Cliff Mine Road, Suite 600, Pittsburgh, PA 15275, United States - ph +1 412 788 8300 - fax +1 412 788 8304 mail info.dnwt@denora.com web www.denora.com 01 August 2016 Mr. Fred Hemerick Water Production Coordinator City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Dear Mr. Hemerick: I am writing to confirm the the manufacturer of Bayoxide E33, Lanxess GmbH has appointed De Nora Water Technologies as the exclusive Global Distributor of Bayoxide E33 Granular Ferric Oxide (GFO) for drinking water market. This is the only source for this product for water purveyors in the United States. If I can provide any additional information, or address any other questions or concerns, please do not hesitate in contacting me. Please contact me by phone at 412-302-7306 or email frank.stanish@denora.com. Kind regards, Frank Stanish Frank Stanish Program Manager-Global After Sales-Filtration Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2685 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve an annual contract (blanket purchase order) with Wastequip, LLC, Statesville, NC, in the amount of $175,000 for the purchase of compactors and compactor parts and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Solid Waste Department provides collection service for putrescible garbage and recyclable cardboard from commercial customers. Large amounts of this debris may be transported in self -contained compactor units and charge box containers by City collection vehicles to State-permitted disposal facilities. The Department has approximately 100 compactor customers in the city and adds new customers on a regular basis, establishing the need for new compactors. Solid Waste has a container maintenance section that performs repairs and refurbishing of compactors as needed, but occasionally replacement is necessary. This contract will provide for the purchase of new account equipment, replacement equipment, and repair parts. The standardization of Wastequip compactors expedites contract repairs and maintenance, eliminates excessive equipment downtime, as well as reduces the inventory volume of parts and supplies to be maintained (pursuant to Section 21: Standardization, of the City's Purchasing Manual). Competitive Wastequip pricing is available on NJPA (National Joint Powers Association ) contract 060612-WQI. City Code 2.564 Exceptions to bid and quotation procedure, Item (d) provides for the utilization of cooperative purchasing contracts previously awarded by other governmental entities. The Solid Waste Department requests Council authorization to piggyback the designated NJPA purchasing contract, awarded to Wastequip, LLC, Statesville, NC. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in capital project 315-96444, Commercial Container Acquisition. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/16/2016 SUBJECT/RECOMMENDATION: ..Title Approve an annual contract (blanket purchase order) with Wastequip, LLC, Statesville, NC in the amount of $175,000 for the purchase of compactors and compactor parts and authorize the appropriate officials to execute the same. (Consent) ..Body SUMMARY: The City of Clearwater’s Solid Waste Department provides collection service for putrescible garbage and recyclable cardboard from commercial customers. Large amounts of this debris may be transported in self contained compactor units and charge box containers by City collection vehicles to State-permitted disposal facilities. We have approximately 100 compactor customers in the city and add new customers on a regular basis, establishing the need for new compactors. Solid Waste has a container maintenance section that performs repairs and refurbishing of compactors as needed, but occasionally replacement is necessary. This contract will provide for the purchase of new account equipment, replacement equipment, and repair parts. The standardization of Wastequip compactors expedites contract repairs and maintenance, eliminates excessive equipment downtime, as well as reduces the inventory volume of parts and supplies to be maintained (pursuant to Section 21: Standardization, of the City's Purchasing Manual). Competitive Wastequip pricing is available on NJPA (National Joint Powers Association) contract #060612-WQI. City Code 2.564 Exceptions to bid and quotation procedure, Item (d) provides for the utilization of cooperative purchasing contracts previously awarded by other governmental entities. The Solid Waste Department requests Council authorization to piggyback the designated NJPA purchasing contract, awarded to Wastequip, LLC, Statesville, NC. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in capital project 315-96444, Commercial Container Acquisition. USE OF RESERVE FUNDS: N/A Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2630 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a subordination agreement in favor of Branch Banking and Trust Company (BB and T) on the Clearwater Marine Aquarium Property and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 13, 2011, City Council authorized negotiation and drafting of a subordination agreement and modification of the reverter rights held by the City in a portion of the Clearwater Marine Aquarium Property. BB and T is requesting that the City agree to subordinate its reverter interest to up to $25 million dollar loan. The subordination Agreement provides among other things that: The City subordinate its reverter rights applicable to Parcel 1 to a mortgage of up to $25,000,000. As presently drafted, the Subordination Agreement precludes any action on behalf of the city to enforce the reverter or other restrictions on the property unless the City first pays off the existing indebtedness on the Aquarium. In return for the City’s subordination, BB and T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium’s default or demise. In addition, the subordination agreement will include provisions preventing additional loans secured by these parcels and will include prohibitions on the replenishment of the debt as the outstanding balance is paid down, absent City approval. The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB and T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB and T then able to proceed with foreclosure on the Parcels. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 8/16/2016 -1- CHAR2\1819688v4 MVA DRAFT 8/9/16 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Branch Banking and Trust Company 28050 US Highway 19 N Clearwater, Florida 33761 Attn: Jeff Lampasso Space above for Recorder's Use SUBORDINATION AGREEMENT This Agreement is made as of ______________, 2016, by and among the CITY OF CLEARWATER, FLORIDA, a municipal corporation under Florida law (“City”), BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation having offices in the State of Florida (“Bank”), and CLEARWATER MARINE AQUARIUM, INC. (formally known as CLEARWATER MARINE SCIENCE CENTER, INC.,a Florida non-profit corporation. (“Owner”), Factual Background A. City executed a Deed of Conveyance (the "Deed") dated September 12, 1986, to Owner granting and conveying the real property described in Exhibit A attached hereto (the "Property") to Owner as more particularly described therein. The Deed was recorded on September 18, 1986 in the Public Records of Pinellas County in O.R. Book 6319, Page 799. B. In 2010 the Owner requested and obtained financing of $8,600,000 from Bank for improvements to the Property and adjacent real property owned by Owner pursuant to tax-exempt financing established under (i) a Loan Agreement dated as of December 1, 2010 between Owner and the Pinellas County Industrial Development Authority, a political subdivision and body corporate and politic of the State of Florida (“Authority”) and (ii) a Bond Purchase Agreement dated as of December 29, 2010 among Owner, Authority and Bank (the “Bond Purchase Agreement”). C. In 2010 the Bank purchased Authority’s $8,600,000 Revenue Bond (Clearwater Marine Aquarium, Inc. Project), Series 2010 (the “Bond”) pursuant to the terms of the Bond Purchase Agreement and the proceeds of the Bond have been and are to be used by the Owner for the improvements to the Property and adjacent real property owned by the Owner. D. In 2010 the Owner guaranteed to Bank the full and prompt payment and performance by Authority of all of Authority’s obligations under the Bond pursuant to a Guaranty Agreement dated as of December 1, 2010 (the “Guaranty Agreement”) between Owner and Bank. -2- CHAR2\1819688v4 E. The Guaranty Agreement is secured by, among other things, a Mortgage of Real Estate and Security Agreement dated as of December 1, 2010 and recorded in the Clerk of Court, Pinellas County Florida in Official Records Book 17129, Page 1391 (as amended or supplemented from time to time, the "2010 Bank Security Instrument") covering real property of Owner adjacent to the Property and the Property. F. Owner has requested financing of $[________]from Bank for, among other things, the construction of Phase I of a parking garage pursuant to the taxable loan (the “Term Loan”) made pursuant to the Loan Agreement dated [________], 2016 between the Owner and the Bank (the “Loan Agreement”) as evidenced by that certain Promissory Note dated [_________], 2016 from the Owner in favor of the Bank in the principal amount of $[__________] (the “Term Note”). G. The Term Note and Loan Agreement are secured by, among other things, a [Mortgage of Real Estate and Security Agreement] dated [________], 2016 and recorded in the Clerk of Court, Pinellas County, Florida in Official Records Book ______, Page ______ (as amended or supplemented from time to time, the “2016 Bank Security Instrument”) covering real property of Owner adjacent to the Property and the Property. H. The Deed contains certain reversionary rights, restrictions and other limitations. In connection with the 2010 financing, the City and Owner executed and recorded a Deed Modification Agreement (the “2010 Deed Modification”) dated April 1, 2010 and recorded in the Public Records of Pinellas County in O.R. Book 17353, Page 2161 pursuant to which certain modifications have been made to the reversionary rights, restrictions and limitations of the Deed. As used herein, the reversionary rights, restrictions, conditions and limitations in the Deed, as modified by the 2010 Deed Modification, are herein referred to as the “Restrictions and Limitations”. This Agreement serves as the City’s consent and authorization to a mortgage lien on the Property up to the amount of $25,000,000.00. I. It is a condition to Bank providing the taxable loan evidenced by the Term Note to Owner and it is a condition to Bank agreeing to provide any additional financing to Owner in the future that the Bank have a lien on, in addition to other collateral, the Property and that such lien shall at all times be prior and senior to the Restrictions and Limitations. J. The Bond, the Guaranty Agreement, the Related Documents (as defined in the Guaranty Agreement), the Loan Agreement, the Term Note, the Loan Documents (as defined in the Loan Agreement) and any other document related to and evidencing any indebtedness owed by the Owner to the Bank, as each such document is amended, modified, supplemented and extended from time to time, are referred to herein as the "Secured Obligations". Agreement Therefore, the parties agree as follows: -3- CHAR2\1819688v4 1. City hereby subordinates in favor of Bank the Restrictions and Limitations and does hereby expressly acknowledge the priority of the liens and security interests of any mortgage given to secure the Secured Obligations (including the 2010 Bank Security Instrument and the 2016 Bank Security Instrument, collectively, the “Bank Security Instruments”) over the Restrictions and Limitations and further agrees that the liens and security interests of the Bank Security Instruments shall unconditionally be and remain at all times a lien or charge on the Property prior and superior to the Restrictions and Limitations. 2. City understands that Bank would not continue holding the Bond or make the Term Loan, advance proceeds of the Term Loan to or for the benefit of the Owner or enter into the Secured Obligations without this Agreement and that Bank is taking such actions in reliance upon, and in consideration of, the subordination and agreements provided in this Agreement. 3. City agrees and acknowledges that the provisions of, and the recording of, the Bank Security Instruments and the Secured Obligations do not and will not cause a default or violation on the part of the Owner under the Deed. City consents to the execution, delivery and performance by the Owner of the Bank Security Instruments and the grant of the liens and security interests under the Bank Security Instruments to secure the Secured Obligations, as the same may be amended from time to time. 4. The Owner agrees to use the proceeds of the Secured Obligations to benefit the real property and improvements owned by the Owner, including the Property, and for other financing needs of the Owner. City agrees and acknowledges that Bank, in making disbursements of the proceeds of the Secured Obligations, is under no obligation or duty to, nor has Bank represented that it will, see to the application of such proceeds by the person or persons to whom Bank disburses such proceeds and any application or use of such proceeds shall not defeat the subordination herein made in whole or in part. 5. City shall give Bank notice of any default by Owner under the Deed at the time such notice is given to Owner, and agrees to deliver to Bank copies of all further notices to Owner relating to such default. 6. As long as the Secured Obligations are outstanding, City will not take any action to enforce the Restrictions and Limitations on the Property against the Bank or its successors and assigns, and the City will not sell or otherwise transfer its reversionary interest in the Property. The Restrictions and Limitations shall continue in effect and be binding on the Owner and, in the event of a default by the Owner under the Restrictions and Limitations, the City may enforce its remedies available against the Owner for such default; provided that (x) the exercise of any such remedies shall be subject and subordinate to the Secured Obligations and the Bank Security Instruments and (y) the reversionary rights of the City shall be further subject to the following: the reversionary rights of the City shall not be effective in any manner unless (i) the City has repaid or caused to be repaid the outstanding principal, interest and other amounts owing to the Bank by the Owner under the Secured Obligations or (ii) the Bank -4- CHAR2\1819688v4 has consented in writing to the reversion of the Property to the City, such written consent to be effective when recorded in the Public Records of Pinellas County in which the Deed is recorded. 7. Bank shall have the exclusive right to collect, foreclose upon, sell, transfer, liquidate or otherwise dispose of any and all collateral for the Secured Obligations, including the Property, in the manner deemed appropriate by Bank. City will not hinder Bank’s actions in enforcing its remedies with respect to such collateral. The City agrees that in the event of any foreclosure or deed in lieu of foreclosure in connection with realization on the Property under the Bank Security Instruments, the transferee of the Property shall take title to the Property free and clear of the Restrictions and Limitations. 8. Notwithstanding the above, in the event (i) a default by the Owner or its successors and assigns occurs under any of the Bank Security Instruments which is not waived or cured to the satisfaction of the Bank and (ii) following such default the Bank determines to commence action to foreclose on the Property under any of the Bank Security Instruments or to request a deed in lieu of foreclosure from the Owner, then the Bank shall provide the City with written notice of its determination to commence such action or make such request (such notice a “Default Notice”). The City shall, for a period of sixty (60) days following the date of delivery of the Default Notice, have the right to either (1) acquire from Bank or its successors and assigns all of the Bank’s right, title and interest in the Secured Obligations at a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Secured Obligations on the date of such acquisition or (2) receive a deed in lieu of foreclosure from the Owner (which the Owner, at the direction of the Bank, agrees to provide) upon payment by the City to the Bank of a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Secured Obligations on the date of such deed in lieu of foreclosure to be applied against such indebtedness. The rights of the City under this Section 8 shall terminate on the date sixty (60) days following the delivery to the City of the Default Notice. 9. The Owner agrees that, without the prior written consent of the City, it will not grant any other liens or encumbrances secured by the Property, other than the Bank Security Instruments. The Bank agrees that no more than $25,000,000 in principal will be advanced under the Secured Obligations at any one time (provided that, after a default under the Secured Obligations, the Bank may advance additional amounts necessary to protect and preserve the Property as provided by the Secured Obligations). The City agrees that amounts repaid by the Owner on the Secured Obligations may be re-advanced or re-Ioaned by the Bank to the Owner without the City’s consent or approval. 10. City acknowledges that this Agreement shall extend to and benefit the successors, assigns and transferees of Bank. 11. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, -5- CHAR2\1819688v4 both written and oral, between the parties with respect to the subject matter contained in this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. City: Countersigned:CITY OF CLEARWATER, FLORIDA By: GEORGE N. CRETEKOS WILLIAM B. HORNE, II Mayor City Manager Approved as to form:Attest: PAMELA K. AKIN City Attorney City Clerk Bank:BRANCH BANKING AND TRUST COMPANY By: Name: Title: Owner:CLEARWATER MARINE AQUARIUM, INC. By: Name: Title: -6- CHAR2\1819688v4 STATE OF FLORIDA ) )PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, by , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2016. (SEAL) Notary Public for Florida My Commission Expires: STATE OF FLORIDA ) )PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, by , President, sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2016. (SEAL) Notary Public for Florida My Commission Expires: -7- CHAR2\1819688v4 STATE OF FLORIDA ) )PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named CLEARWATER MARINE AQUARIUM, INC., a Florida corporation, by , , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2016. (SEAL) Notary Public for Florida My Commission Expires: CHAR2\1819688v4 EXHIBIT A Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2678 Agenda Date: 8/17/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Request for authority to file a proposal for settlement in the case of City of Clearwater v. B.R.W. Contracting, Inc. (Case No.: 13- 7292-CI). (consent) SUMMARY: An action was brought by the City against B .R.W. Contracting, Inc., to recover damages arising from sewer backups in several houses during construction of the Overlea Street and Stevenson Drive gravity sewer improvements. This construction was conducted under the auspices of a contract between B .R.W. and the City entitled “Overlea Street and Stevenson Drive Gravity Sewer Improvements (03-0037-UT).” The damages to the houses referred to above were paid by the City and the City seeks reimbursement from B.R.W. The proposal would provide for the settlement of all claims in exchange for payment of $150,000.00. Page 1 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8942-16 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 3009 Gulf to Bay Boulevard to vacate a portion of Right-of-Way of Meadow Lark Lane that abuts their property; and pass Ordinance 8942-16 on first reading. (VAC2016-05) SUMMARY: Meadow Lark Lane is a platted, undeveloped road that runs along the west side of Bayside Park. The property owner of 3009 Gulf to Bay Boulevard has requested the vacation of a portion of Meadow Lark Lane that abuts his property, to meet landscaping and green space requirements necessary for planned improvements on his property. The City of Clearwater does not have any utilities in this right-of-way. All city departments have reviewed and do not object. The applicant has received all required “Letters of No Objection” from private utility companies. Page 1 City of Clearwater Printed on 8/16/2016 1 Ord. No. 8942-16 ORDINANCE NO. 8942-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF MEADOW LARK LANE RIGHT-OF-WAY LYING IN THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right-of-way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for public use, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A partial right-of-way vacation described as follows: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE N89°45'07"E, ALONG THE CENTERLINE OF GULF-TO-BAY BOULEVARD, (S.R. NO.60), FOR A DISTANCE OF 75.97 FEET; THENCE S21°05'29"E, ALONG THE CENTERLINE OF BAYVIEW AVENUE, FOR A DISTANCE OF 53.30 FEET; THENCE N89°45'07"E, 26.75 FEET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BOULEVARD AND THE EAST RIGHT- OF-WAY LINE OF BAYVIEW AVENUE; THENCE CONTINUE N89°45'07"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF GULF-TO-BAY BOULEVARD, FOR A DISTANCE OF 223.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89°45'07"E. ALONG SAID SOUTH RIGHT -OF-WAY LINE OF GULF-TO-BAY BOULEVARD, FOR A DISTANCE OF 26.75 FEET; THENCE S21°05'29"E, FOR A DISTANCE OF 143.65 FEET; THENCE S69°01'11"W, FOR A DISTANCE OF 25.00 FEET; THENCE N21°05'29"W, FOR A DISTANCE OF 153.12 FEET TO THE POINT OF BEGINNING. CONTAINS 3,710 SQUARE FEET, (0.09 ACRES), MORE OR LESS. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. 2 Ord. No. 8942-16 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. 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: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A BRI DGEOld Tampa BayLNBAYCALAIS PARKBLVDFAIRWOODST RDTHORNTONDAVIDHARBORSKYHAMPTONElizabethCROSSDREW AVERDAveWOLFE RDHOYT AVEMOSS (49TH ST)BAYSI DECR-611F e a t h e r w o o d McMULLEN BOOTH RDJOHNS PARKWAY DOWNING ST BAY "K" STLN CHAMBLEE BORDEAUX LN LN Tennessee Ave AVEBAYVI EWCarolina C R -31Bay StMeadow LarkGULF-TO-BAY BLVD Kentucky Ave Virginia BAYVIEWAVELnAve Cherry Ln Cleveland St MacDonald SR-6 0BAYSHORE BLVDLN E. Grand Reserve Cir. Colonial Dr Ave Rogers ST DREW ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com ProposedRight-of-Way Vacation ^ JB XX N.T.S.301A 16-29s-16e7/21/16Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROPOSED RIGHT-OF-WAY VACATIONMEADOW LARK LANE Document Path: S:\ENV\Jim Benwell\GIS\Location Map Meadow Lark Vacation.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ATA2016-05007 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2160 Bell Cheer Drive; and pass Ordinances 8914-16, 8915-16 and 8916-16 on first reading. (ATA2016-05007) SUMMARY: This application involves a 0.236 acre property consisting of one parcel of land which is occupied by a single family dwelling. It is located on the north side of Bell Cheer Drive, approximately 470 feet west of South Belcher Road. The property is contiguous to existing city boundaries to the north and east. The City is annexing this property pursuant to the Agreement to Annex (ATA) signed by Michael Lee Powell, W. Michael Bloomfield and Andrea M. Bloomfield on September 24, 2014. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. Solid waste service is provided by the City. The applicant has paid the City ’s sewer impact fee in full and will be connected to the city sanitary sewer system by the contractor soon as part of the Belcher Area Sanitary Sewer System Extension Project. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes 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. Policy A.7.1.3: Invoke agreements to annex where properties located within Page 1 City of Clearwater Printed on 8/16/2016 File Number: ATA2016-05007 enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the north and east. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044 APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/16/2016 Ordinance No. 8914-16 ORDINANCE NO. 8914-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BELL CHEER DRIVE, APPROXIMATELY 470 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2160 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, Bell-Cheer subdivision, according to the map or plat thereof, as recorded in the Plat Book 30, Page 60, Public Records of Pinellas County, Florida. (ATA2016-05007) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8914-16 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 PROPOSED ANNEXATION Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR 50 6060 60 50 72144 06408 31050 9 10 11 12 131415 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY 219821312173217221922143217321602147214821552135214921671200 1276212221962152213821842147215521792139218521302197212521302140215721662190212521662142219121242118212421742135216712202143 21432161217821852130213421912188215421602148-Not to Scale--Not a Survey-Rev. 5/13/2016 Ordinance No. 8915-16 ORDINANCE NO. 8915-16 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 PROPERTY LOCATED ON THE NORTH SIDE OF BELL CHEER DRIVE, APPROXIMATELY 470 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2160 BELL CHEER DRIVE, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, Bell-Cheer subdivision, according to the map or plat thereof, as recorded in the Plat Book 30, Page 60, Public Records of Pinellas County, Florida. Residential Low (RL) (ATA2016-05007) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8914-16. Ordinance No. 8915-16 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 FUTURE LAND USES MAP Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR 50 6060 60 50 72144 06408 31050 9 10 11 12 131415 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY RL RL RL P WATER 219821312173217221922143217321602147214821552135214921671200 1276212221962152213821842147215521792139218521302197212521302140215721662190212521662142219121242118212421742135216712202143 21432161217821852130213421912188215421602148-Not to Scale--Not a Survey-Rev. 5/13/2016 Ordinance No. 8916-16 ORDINANCE NO. 8916-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BELL CHEER DRIVE, APPROXIMATELY 470 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2160 BELL CHEER DRIVE, 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 property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8914-16. Property Zoning District Lot 5, Bell-Cheer subdivision, according to the map or plat thereof, as recorded in the Plat Book 30, Page 60, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ATA2016-05007) Ordinance No. 8916-16 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 ZONING MAP Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR 50 6060 60 50 72144 06408 31050 9 10 11 12 131415 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 LMDR LMDR BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY LMDR P 2198213121722192217321602147214821552135214921671200 127621222196215221382184215521792139218521302197212521302140215721662190212521662142219121242118212421742135216712202143 21432161217821302134219121882154217321432147 216021482185-Not to Scale--Not a Survey-Rev. 5/13/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Belcher Area - ATA2016- 05007\Maps\ATA2016-05007 Location.docx LOCATION MAP Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD NURSERY RD S BELCHER RD LAKEVIEW RD S HERCULES AVE VIEWTOP DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR BURNICE DR STANCEL DR BUGLE LN EMBASSY DR WELLINGTON DR HAMLIN DR SEVER DR VIOLA DR WOODLEY RD MAGNOLIA DR CAMPUS DR DOROTHY DR BROOKSIDE RD SANDRA DR HARN BLVD COLLEGE DR HUNT LN REGENT AVE CURTIS DR S ACADEMY DR JAFFA PL CURTIS DR N HUNTER LN BELL CHEER DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR SSEVARD AVE MANDARIN DR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR S UNIVERSITY DR IMPERIAL WAY RIPON DR MAPLE FOREST RD MORNINGSIDE DR MINNEOLA RD BASCOM WAY BROOKSIDE DR WILLOWBRANCH AVE LEES CT CROYDON DR KENMOORE DR ALLEN DR ATTACHE CT GLENMOOR RD JEFFORDS ST REBECCA DR SANDRA DR RIPON DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 5/13/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Belcher Area - ATA2016- 05007\Maps\ATA2016-05007 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 5/13/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Belcher Area - ATA2016- 05007\Maps\ATA2016-05007 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield Case: ATA2016-05007 Site: 2160 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.236 Land Use Zoning PIN: 24-29-15-06408-000-0050 From : RL R-3 Atlas Page: 308B To: RL LMDR 50 6060 60 50 72144 06408 31050 9 10 11 12 131415 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY 219821312173217221922143217321602147214821552135214921671200 1276212221962152213821842147215521792139218521302197212521302140215721662190212521662142219121242118212421742135216712202143 21432161217821852130213421912188215421602148-Not to Scale--Not a Survey-Rev. 5/13/2016 Water Vacant Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 2160 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ATA2016-05007 Michael Lee Powell, W. Michael Bloomfield, Andrea M. Bloomfield 2160 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: ANX2016-05017 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1608 Levern Street; together with certain right-of-way of Levern Street; and pass Ordinances 8917-16, 8918-16 and 8919-16 on first reading. (ANX2016-05017) SUMMARY: This voluntary annexation petition involves a 0.215-acre property consisting of one parcel of land occupied by a single family dwelling. It is located on the north side of Levern Street approximately 95 feet west of Ridge Avenue. The applicant is requesting annexation in order to receive solid waste service from the City. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. The Development Review Committee is proposing that the 0.193-acres of abutting Levern Street right-of-way not currently within the City limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. The closest sanitary sewer line is located in the Bonair Street right -of-way one block south, and is therefore not readily available to the property. Collection of solid waste will be provided to the property by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes 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. Page 1 City of Clearwater Printed on 8/16/2016 File Number: ANX2016-05017 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. 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 this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/16/2016 Ordinance No. 8917-16 ORDINANCE NO. 8917-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET APPROXIMATELY 95 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1608 LEVERN STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF LEVERN STREET, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Section 171.204, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The West 50 feet of Lot 7 and the East 40 feet of Lot 8, Block 3, Highland Pines Subdivision, according to the map or plat thereof as recorded in Plat Book 30, page 41 of the Public Records of Pinellas County, Florida; Together with all Right-of-Way of Levern Street abutting Lot 7 and Lot 8; (ANX2016-05017) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8917-16 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 PROPOSED ANNEXATION Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR 6060606010080 38962 39060 B C F 1 2 3 4 5 6 12 121 122 123 124 125 126 127 128 129 130 131 2 3 4 5 2 3 4 5 6789 2 3 45 6789 22 23 12 3 4 123 4 5 1 2 3 45 678910 12 3 45 678910 1 2 3 4 5 678910 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 1 1 2 24/0124/03 24/0224/0424/05 LONG ST RIDGE AVE WEBB DR CLARK ST BONAIR ST LEVERN ST 1100156515661563 16091565157115711200 1117 16011009 16281575160916171101 16031569156316051600160111201605 157016111208 1104 162716001605156716121573163115721001158515751600160816161601156115761604 1008 1109 1212 16161615161516101205 1110 161210051576 1202156016041554 1201 1116 16061015 10021613156615701209 1115 1625160116151101609 10015761101608111 112 100 1000155515651616 120 1006 -Not to Scale--Not a Survey-Rev. 5/13/2016 Ordinance No. 8918-16 ORDINANCE NO. 8918-16 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 PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET APPROXIMATELY 95 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1608 LEVERN STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The West 50 feet of Lot 7 and the East 40 feet of Lot 8, Block 3, Highland Pines Subdivision, according to the map or plat thereof as recorded in Plat Book 30, page 41 of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-05017) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8917-16. Ordinance No. 8918-16 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 FUTURE LAND USE MAP Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR 6060606010080 38962 39060 B C F 1 2 3 4 5 6 12 121 122 123 124 125 126 127 128 129 130 131 2 3 4 5 2 3 4 5 6789 2 3 45 6789 22 23 12 3 4 123 4 5 1 2 3 45 678910 12 3 45 678910 1 2 3 4 5 678910 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 1 1 2 24/0124/03 24/0224/0424/05 RU RL RL RL RLRU RU RLRL RU RURU RU RL RU LONG ST RIDGE AVE WEBB DR CLARK ST BONAIR ST LEVERN ST 1100156515661563 16091565157115711117 16011009 1628157516091101 160315691600160111201605 157016111208 1104 162716001605156716121573163115721585157516001608161616011561157616041008 1109 1212 1616161516101110 161210051576 120215601604 1201 1116 16061015 100216131566161615701115162516011615 1101609 100 1200 16171563160515761101608111 1001 112 100 100016151555 12051554 15651209 120 1006 -Not to Scale--Not a Survey-Rev. 5/13/2016 Ordinance No. 8919-16 ORDINANCE NO. 8919-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET APPROXIMATELY 95 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1608 LEVERN STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8917-16. Property Zoning District The West 50 feet of Lot 7 and the East 40 feet of Lot 8, Block 3, Highland Pines Subdivision, according to the map or plat thereof as recorded in Plat Book 30, page 41 of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-05017) Ordinance No. 8919-16 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 ZONING MAP Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR 6060606010080 38962 39060 B C F 1 2 3 4 5 6 12 121 122 123 124 125 126 127 128 129 130 131 2 3 4 5 2 3 4 5 6789 2 3 45 6789 22 23 12 3 4 123 4 5 1 2 3 45 678910 12 3 45 678910 1 2 3 4 5 678910 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 1 1 2 24/0124/03 24/0224/0424/05 LMDR LMDR LMDR LMDR LMDR LONG ST RIDGE AVE WEBB DR CLARK ST BONAIR ST LEVERN ST 1100156515661563 16091565157115711117 1009 16281575160916171101 1603156915631600160111201605 157016111208 1104 162716001605156716121573163115721001158515751600160816161601156116041109 1212 16161615161516101205 1110 161210051576 1202156016041554 1201 1116 16061015 10021566161615701209 1115 1625160116151101609 100 1200 1601160515761101608111 112 15761008 100 1000155515651613 120 1006 -Not to Scale--Not a Survey-Rev. 5/13/2016 LOCATION MAP Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR N KEENE RD LONG ST PALMETTO ST F L A G L E R D R N SATURN AVE N HIGHLAND AVE MAPLE ST CASLER AVE RIDGE AVE SCOTT ST SHERWOOD ST WOOD AVE L I N W O O D D R LYNN AVE AMBLE LN GENTRY ST ARDEN AVE RICHARDS AVE WALNUT ST CLARK ST BONAIR ST LEVERN ST NELSON AVE MURRAY AVE ELMWOOD ST N GLENWOOD AVE CARROLL ST OVERLEA ST CROWN ST FAIRMONT ST WEBB DR AIRPORT DR RIDGEWOOD ST PINEBROOK DR CARLOS AVE N HIBISCUS ST FOREST RD BAKER AVE S HIBISCUS ST BARBARA AVE ROSEMONT DR LOGAN ST N DUNCAN AVE N MARS AVE WOOD DR MACRAE AVE ARIES LN E LEO LN KARLYN DR MARIVA AVE PINEWOOD ST OAKWOOD ST CASLER CT -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 5/13/2016 AERIAL PHOTOGRAPH Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR LONG ST LONG ST RIDGE AVE RIDGE AVE WEBB DR WEBB DR CLARK ST CLARK ST BONAIR ST BONAIR ST LEVERN ST LEVERN ST -Not to Scale--Not a Survey-Rev. 5/13/2016 EXISTING SURROUNDING USES MAP Owner(s): Daniel L. Barrett Case: ANX2016-05017 Site: 1608 Levern Street Property Size(Acres): ROW (Acres): 0.215 0.193 Land Use Zoning PIN: 11-29-15-39060-003-0070 From : RL R-3 Atlas Page: 270B To: RL LMDR 6060606010080 38962 39060 B C F 1 2 3 4 5 6 12 121 122 123 124 125 126 127 128 129 130 131 2 3 4 5 2 3 4 5 6789 2 3 45 6789 22 23 12 3 4 123 4 5 1 2 3 45 678910 12 3 45 678910 1 2 3 4 5 678910 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 1 1 2 24/0124/03 24/0224/0424/05 LONG ST RIDGE AVE WEBB DR CLARK ST BONAIR ST LEVERN ST 1100156515661563 16091565157115711200 1117 16011009 16281575160916171101 16031569156316051600160111201605 157016111208 1104 162716001605156716121573163115721001158515751600160816161601156115761604 1008 1109 1212 16161615161516101205 1110 161210051576 1202156016041554 1201 1116 16061015 10021613156615701209 1115 1625160116151101609 10015761101608111 112 100 1000155515651616 120 1006 -Not to Scale--Not a Survey-Rev. 5/13/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1608 Levern Street East of the subject property West of the subject property Across the street, to the south of the subject property ANX2016-05017 Daniel L. Barrett 1608 Levern Street View looking easterly along Levern Street View looking westerly along Levern Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-05018 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2112, 2138, and 2196/2198 Bell Cheer Drive; and pass Ordinances 8920-16, 8921-16 and 8922-16 on first reading. (ANX2016-05018) SUMMARY: These voluntary annexation petitions involve three parcels of land totaling 0.824 acres. The parcels are occupied by two single family dwellings and one duplex and are located generally south of Druid Road, east of South Hercules Avenue, west of South Belcher Road and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City and will be connected to the city sanitary sewer as part of the Belcher Area Sanitary Sewer System Extension 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 a Zoning Atlas designation 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 Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants have paid the City ’s sewer impact fee in full. The property at 2138 Bell Cheer has been connected to the city sanitary sewer system, and the remaining properties will soon be connected to the city sanitary sewer system by the contractor. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the 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. Page 1 City of Clearwater Printed on 8/16/2016 File Number: ANX2016-05018 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. 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 these properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the District. However, the property located at 2196/2198 Bell Cheer Drive is an existing duplex, and although the use is allowed within the Low Medium Density Residential (LMDR) District, the property exceeds the number of units allowed on the parcel based on the underlying Residential Low (RL) Future Land Use Designation. The requirements of Article 6, Nonconformity Provisions of the Community Development Code will apply to this property once annexed into the City. The properties located at 2112 and 2138 Bell Cheer Drive 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 along at least one property boundary. Therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/16/2016 Ordinance No. 8920-16 ORDINANCE NO. 8920-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2112, 2138, AND 2196/2198 BELL CHEER DRIVE, ALL WITHIN 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 property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2016-05018) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8920-16 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 ANX2016‐05018 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06444-000-0030 Lot 3 2112 Bell Cheer Drive The above in SECOND ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 70, of the Public Records of Pinellas County, Florida; ========================================================================================= 1. 24-29-15-06408-000-0010 The East 112 feet of Lot 1 2196/2198 Bell Cheer Drive 2. 24-29-15-06408-000-0090 Lot 9 2138 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 Owner(s): Multiple Owners Case: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 60606060 60 60 50 72144 064080642606444 31050 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 1 16 17 1 2 6 7 8 8 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 34212902131217321722192216521812127214321732112211021172147214821552135214921671200 12762109215221172123210921842147215521252179213921852130210721972125210621012106215721662160211821902119212521662115217321422191211821242174214121352149216721571110 2111 1220 2143214321612133210021872191219521782185213021912188219821542112222160212122219621382116213021402199221212121242100221214821212822134-Not to Scale--Not a Survey-Rev. 5/23/2016 Ordinance No. 8921-16 ORDINANCE NO. 8921-16 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 SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2112, 2138, AND 2196/2198 BELL CHEER DRIVE, ALL WITHIN 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) (ANX2016-05018) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8920-16. Ordinance No. 8921-16 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 ANX2016‐05018 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06444-000-0030 Lot 3 2112 Bell Cheer Drive The above in SECOND ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 70, of the Public Records of Pinellas County, Florida; ========================================================================================= 1. 24-29-15-06408-000-0010 The East 112 feet of Lot 1 2196/2198 Bell Cheer Drive 2. 24-29-15-06408-000-0090 Lot 9 2138 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: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 60606060 60 60 50 72144 064080642606444 31050 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 1 16 17 1 2 6 7 8 8 11/04 4.76 11/0911/0811/0511/03 A C 1 RL RL RL P RL RU WATER RU BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 34212902131217321722192216521272143217321122110214721482135214921671200 12762109211721232109218421472155217921392185213021072197212521062101210621572166216021182190211921252166211521422191211821242174214121352149216721571110 1220 21432143216121332100218721912195217821852130219121882198215421122181222117216021552121222196215221382125211621302140219922121732121212421002111 221214821212822134-Not to Scale--Not a Survey-Rev. 5/24/2016 Ordinance No. 8922-16 ORDINANCE NO. 8922-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2112, 2138, AND 2196/2198 BELL CHEER DRIVE, ALL WITHIN 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8920-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2016-05018) Ordinance No. 8922-16 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 ANX2016‐05018 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06444-000-0030 Lot 3 2112 Bell Cheer Drive The above in SECOND ADDITION TO BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 70, of the Public Records of Pinellas County, Florida; ========================================================================================= 1. 24-29-15-06408-000-0010 The East 112 feet of Lot 1 2196/2198 Bell Cheer Drive 2. 24-29-15-06408-000-0090 Lot 9 2138 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: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 60606060 60 60 50 72144 064080642606444 31050 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 1 16 17 1 2 6 7 8 8 11/04 4.76 11/0911/0811/0511/03 A C 1 LMDR LMDR P P I BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 34212902131217321722192216521812127214321732112211021172147214821552135214921671200 12762109215221172123210921842147215521252179213921852130210721972125210621012106215721662160211821902119212521662115217321422191211821242174214121352149216721571110 2111 1220 2143214321612133210021872191219521782185213021912188219821542112222160212122219621382116213021402199221212121242100221214821212822134-Not to Scale--Not a Survey-Rev. 5/23/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD NURSERY RD S BELCHER RD LAKEVIEW RD S HERCULES AVE VIEWTOP DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR HARN BLVD BURNICE DR EMBASSY DR WELLINGTON DR 2nd ST SEVER DR VIOLA DR WOODLEY RD WILLIAMS DR MINNEOLA RD MAGNOLIA DR GROVEWOOD RD BUGLE LN ST. CHARLES DR CAMPUS DR SANDRA DR GLENMOOR RD N COLLEGE DR BARBER DR CURTIS DR S CLAIBORNE DR ACADEMY DR JAFFA PL CURTIS DR N HABERSHAM DR BELL CHEER DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR S MORNINGSIDE DR SEVARD AVE MANDARIN DR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR S UNIVERSITY DR IMPERIAL WAY RIPON DR MAPLE FOREST RD 11th ST GLENMOOR RD S LEES CT 16th ST GREAT OAK DR WHISPERING PINES DR CROYDON DR KENMOORE DR ALLEN DR ATTACHE CT CURTIS DR EGLENMOOR RD 1st ST JEFFORDS ST REBECCA DR SANDRA DR RIPON DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 5/23/2016 ^^ PROJECT SITE PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 5/23/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-05018 Site: 2112 Bell Cheer Drive 2138 Bell Cheer Drive 2196/2198 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.824 Land Use Zoning PIN: 24-29-15-06444-000-0030 24-29-15-06408-000-0090 24-29-15-06408-000-0010 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 60606060 60 60 50 72144 064080642606444 31050 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 1 16 17 1 2 6 7 8 8 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 34212902131217321722192216521812127214321732112211021172147214821552135214921671200 12762109215221172123210921842147215521252179213921852130210721972125210621012106215721662160211821902119212521662115217321422191211821242174214121352149216721571110 2111 1220 2143214321612133210021872191219521782185213021912188219821542112222160212122219621382116213021402199221212121242100221214821212822134-Not to Scale--Not a Survey-Rev. 5/23/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking north at the subject property, 2112 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2016-05018 Ivan Rodimushkin & Natalya Petruhina 2112 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2138 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2016-05018 Grover M. Hartford 2138 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2196/2198 Bell Cheer Drive West of the subject property Across the street, to the south of the subject property View looking easterly along Bell Cheer Drive ANX2016-05018 Rory & Lillian Thompson 2196/2198 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: ANX2016-06019 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2155 Bell Cheer Drive and an unaddressed parcel on Bell Cheer Drive; and pass Ordinances 8926-16, 8927-16 and 8928-16 on first reading. (ANX2016-06019) SUMMARY: These voluntary annexation petitions involve two parcels of land totaling 0.470 acres. One parcel is occupied by a single -family dwelling and the second parcel is currently undeveloped . The parcels are located generally south of Druid Road, east of South Hercules Avenue, west of South Belcher Road and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City and will be connected to the city sanitary sewer as part of the Belcher Area Sanitary Sewer System Extension Project. The property at 2155 Bell Cheer Drive is contiguous to existing city limits to the west. The unaddressed Bell Cheer property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicant at 2155 Bell Cheer Drive has paid the sewer impact fee in full and will be connected to the City ’s sewer system by the contractor soon. The property owner of the undeveloped property will be required to pay the sewer impact fee in order to be connected to the City ’s sewer system at the time of development. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the 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 Page 1 City of Clearwater Printed on 8/16/2016 File Number: ANX2016-06019 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. 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 these properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the 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 property proposed for annexation at 2155 Bell Cheer Drive is contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. The unaddressed Bell Cheer property proposed for annexation is not contiguous to City limits but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/16/2016 Ordinance No. 8926-16 ORDINANCE NO. 8926-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2155 BELL CHEER DRIVE, ALONG WITH AN UNADDRESSED PARCEL LOCATED ON BELL CHEER DRIVE APPROXIMATELY 425 FEET WEST OF SOUTH BELCHER ROAD, 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 A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and to the Interlocal Service Boundary Agreement authorized by Section 171.204, 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: Lots 14 and 15, BELL-CHEER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 60, Public Records of Pinellas County, Florida; (ANX2016-06019) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8926-16 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 PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR 6060 60 50 72144 0640806426 31050 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY 2198213121732172219221432173211021602147214821552135214921671200 127621222196215221382184214721792139218521302197212521302140216621602190212521662142219121242118212421742135216712202143 214321612178218521302134219121882154211721552148-Not to Scale--Not a Survey-Rev. 6/14/2016 Ordinance No. 8927-16 ORDINANCE NO. 8927-16 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 SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2155 BELL CHEER DRIVE, ALONG WITH AN UNADDRESSED PARCEL LOCATED ON BELL CHEER DRIVE APPROXIMATELY 425 FEET WEST OF SOUTH BELCHER ROAD, 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 Lots 14 and 15, BELL-CHEER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 60, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-06019) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8926-16. Ordinance No. 8927-16 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 FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR 6060 60 50 72144 0640806426 31050 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 RL RL BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY RL RL RL P WATER 219821312173217221922143217321102160214721482155213521671200 127621222196215221382184214721792139218521302197212521302140216621602190212521662142219121242118212421742135216712202143 2143216121782185213021342191218821542149211721552148-Not to Scale--Not a Survey-Rev. 6/14/2016 Ordinance No. 8928-16 ORDINANCE NO. 8928-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2155 BELL CHEER DRIVE, ALONG WITH AN UNADDRESSED PARCEL LOCATED ON BELL CHEER DRIVE APPROXIMATELY 425 FEET WEST OF SOUTH BELCHER ROAD, 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 A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8926-16. Property Zoning District Lots 14 and 15, BELL-CHEER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 60, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-06019) Ordinance No. 8928-16 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 ZONING MAP Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR 6060 60 50 72144 0640806426 31050 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 LMDR BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY LMDR P 219821312173217221922143217321102160214721482155213521671200 12762122219621522138218421472139218521302197212521302140216621602190212521662142219121242118212421742135216712202143 21432161217821852130213421912188215421492117215521792148-Not to Scale--Not a Survey-Rev. 6/14/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD S BELCHER RD LAKEVIEW RD BURNICE DR S HERCULES AVE HARN BLVD VIOLA DR WOODLEY RD MAGNOLIA DR CAMPUS DR NORMANDY RD COLLEGE DR BARBER DR CURTIS DR S ACADEMY DR JAFFA PL CURTIS DR N BELL CHEER DR EASTFIELD DR GROVEWOOD RD CLAIBORNE DR MINNEOLA RD MANDARIN DR MORNINGSIDE DR CORONET LN OAK GROVE DR DIPLOMAT DR S UNIVERSITY DR ST. CHARLES DR HABERSHAM DR RIPON DR GLENMOOR RD N BASCOM WAY GLENMOOR RD S LEES CT EMBASSY DR YULEE DR CROYDON DR JEFFORDS ST KENMOORE DR SANDRA DR DORADO PL UNIVERSITY CT ALLEN DR REBECCA DR CURTIS DR EYORK DR CANTERBURY RD GROVE AVE (trail only)-Not to Scale--Not a Survey-^ PROJECT SITE Rev. 6/13/2016 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 6/14/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-06019 Site: Unaddressed (0) Bell Cheer Drive 2155 Bell Cheer Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-06408-000-0150 24-29-15-06408-000-0140 From : RL R-3 Atlas Page: 308B To: RL LMDR 6060 60 50 72144 0640806426 31050 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 21987 6 5 4 3 2 1 22 23 24 25 26 27 28 29 30 31 32 33 34 13 12 11 10 9 8 7 654 3 2 1 16 17 7 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR PLEASANT PKWY 2198213121732172219221432173211021602147214821552135214921671200 127621222196215221382184214721792139218521302197212521302140216621602190212521662142219121242118212421742135216712202143 214321612178218521302134219121882154211721552148-Not to Scale--Not a Survey-Rev. 6/14/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, unaddressed (0) Bell Cheer Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2016-06019 John W. & Linda S. Pearson Unaddressed (0) Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2155 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2016-06019 Nelda G. Goetz 2155 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: TA2016-06001 Agenda Date: 8/17/2016 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Planning & Development Agenda Number: 8.6 Approve amendments to the Clearwater Code of Ordinances and Clearwater Community Development Code regarding numerous provisions, including: stormwater systems; museums; outdoor retail sales, display and/or storage; outdoor storage; accessory uses/structures; erosion and sedimentation; waterfront sight visibility triangles; outdoor cafés; low impact development techniques; grass parking; subdivision design standards; hearing officer appeals; the comprehensive sign program; the final plat fee; and providing for and modifying various definitions; and pass Ordinance 8931-16 on first reading. (TA2016-06001) SUMMARY: The proposed text amendment contains some minor changes to the Code of Ordinances and numerous revisions to the Community Development Code. The most substantial topics are those concerning museums, accessory uses /structures, low impact development techniques, and the final plat review fee. Museums: Museums are presently considered part of the indoor recreation /entertainment use category . This prevents museums from being a permissible use in the Institutional (I) District, where the intent and purpose of the District is to “establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater .” As a result, staff is proposing the creation of the museum use within the Tourist (T), Downtown (D) and I Districts with appropriate development standards and flexibility criteria. In addition, staff proposes that museums be added to the list of uses that may have an outdoor caf é. A museum would presently be permitted to have an outdoor café under the indoor recreation/entertainment use category. Accessory Uses/Structures: The current Accessory Uses /Structures Division will be replaced in its entirety. The new version will retain several of the existing standards and exemptions of the current version; however it will utilize an updated framework to make the Division easier to use. Some elements of the Division will be changed and new standards added. For example, accessory structures are presently allowed up to a cumulative maximum of 10% of the principle structure with 25% possible through the Flexible Standard Development application process. The 10% threshold has consistently been found to be overly limiting to smaller properties, and on numerous occasions exceeding this threshold has been supported based upon pre -existing neighborhood conditions. The amendment removes the 10% threshold and allows the 25% maximum by right. It is noted that this change will still result in all accessory structures being incidental to the principal structure. Under the current code provisions, garden centers require a specific approval as “outdoor retail sales, display and /or storage.” This requirement will be eliminated and these uses will be able to exist as they truly are - the accessory outdoor retail sales of plant material, garden Page 1 City of Clearwater Printed on 8/16/2016 File Number: TA2016-06001 tools, fertilizers, potting soil, mulch, rock and other garden supplies. The standards proposed will ensure adequate and acceptable methods of screening inventory, while also providing quality aesthetics. It is noted that existing garden centers such as those found at Home Depot, Lowes, and Wal-Mart will not be made non-conforming as a result of these changes. The outdoor retail sales, display and /or storage use and the outdoor storage use will be deleted from their respective zoning districts and the CDC as a whole. These will be treated as accessory uses moving forward. Low Impact Development Techniques: The Engineering Department recently contracted with an outside consultant to identify necessary changes to the CDC in order to implement low impact development techniques . These amendments will begin that implementation by allowing for more substantial planting of stormwater retention areas, thereby resulting in their improved functionality, and by reorganizing the interior landscape provisions to accommodate new language concerning central landscape islands and provisions for bioswales. In conjunction with the above, excess parking spaces will be able to be surfaced with reinforced grass or another permeable surface in-lieu of being paved. A couple of items should be noted concerning the above. First, neither the provision of a central landscape island, nor the utilization of low impact development techniques is required . These amendments simply provide standards for when these elements are proposed . Second, the reorganization of the interior landscaping provisions is being done in order to accommodate the language concerning central landscape islands, and a majority of the existing language is being retained. Final Plat Review Fee: The fee associated with final plat applications is proposed to be increased from $300 to $600. Changing the fee would cover the cost of having a consultant review the final plat application if staff time is not available. Plats are required to be signed and sealed by the Florida licensed surveyor, and the city has only one licensed surveyor on staff. If this individual was unavailable for review, then the review could be outsourced without a deficit being incurred. The Engineering Department, which proposed this change, has indicated that Pinellas County charges $2,185 for a final plat, plus $18 per lot, and that the City of St. Petersburg charges $650 for a final plat with no variances, or $1,000 for a final plat with variances. In addition to the above, staff is also proposing the following: §Clarification and correction of stormwater management and stormwater systems provisions of the Code of Ordinances; §Clarification of several erosion and sedimentation related issues and updating terminology; §Clarification that an at -grade structure, such as a swimming pool or deck, is permissible to encroach into required waterfront sight visibility triangles; §Clarification that the Community Development Board (CDB), and by proxy the Board attorney, may provide oral argument before a hearing office as part of an appeal; §Correction of three erroneous references within the Comprehensive Sign Program provisions; and, §Defining or modifying the existing definition of the following terms: bioswale, garden center, low impact development, museums, problematic uses, retail sales and services, and tattoo parlor. The Planning and Development Department has determined that the proposed text amendment to the Code of Ordinances and Community Development Code is consistent with Page 2 City of Clearwater Printed on 8/16/2016 File Number: TA2016-06001 and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of July 19, 2016, and unanimously recommended approval of the amendment. Page 3 City of Clearwater Printed on 8/16/2016 1 ORDINANCE NO. 8931-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 32, SECTIONS 32.242, 32.392 AND 32.394, TO MAKE A CORRECTION, PROVIDE CLARIFICATION, AND ADD DEFINITIONS PERTAINING TO STORMWATER MANAGEMENT AND STORMWATER SYSTEMS; AND BY MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, CHART 2-100, ADDING MUSEUMS AND DELETING OUTDOOR RETAIL SALES, DISPLAY AND/OR STORAGE, AND OUTDOOR STORAGE AS PERMITTED USES; AMENDING ARTICLE 2, SECTIONS 2-802, 2-902, 2-1202, AND 2-1203, ADDING MUSEUMS AS A MINIMUM STANDARD DEVELOPMENT OR FLEXIBLE STANDARD DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2-703, DELETING OUTDOOR RETAIL SALES, DISPLAY AND/OR STORAGE AS FLEXIBLE STANDARD DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2-1302, DELETING OUTDOOR STORAGE (ACCESSORY USE) AS A MINIMUM STANDARD DEVELOPMENT USE, AND DELETING THE FOOTNOTE PERTAINING TO OUTDOOR STORAGE; AMENDING ARTICLE 3, DIVISION 2, STRIKING AND REPLACING THE ACCESSORY USES/STRUCTURES DIVISION IN ITS ENTIRETY; AMENDING ARTICLE 3, SECTION 3-702, MODIFYING VARIOUS ASPECTS OF THE EROSION AND SEDIMENTATION CRITERIA AND GUIDELINES; AMENDING ARTICLE 3, SECTION 3-904, CLARIFYING ALLOWABLE ENCROACHMENTS INTO WATERFRONT SIGHT VISIBILITY TRIANGLES AND MODIFYING THE ASSOCIATED GRAPHIC; AMENDING ARTICLE 3, SECTION 3-909, MODIFYING THE APPLICABILITY OF THE OUTDOOR CAFÉ PROVISIONS; AMENDING ARTICLE 3, SECTION 3-1202, MODIFYING THE RELATIONSHIP OF LANDSCAPING WITHIN STORMWATER RETENTION AREAS, AND MODIFYING VARIOUS ASPECTS OF THE INTERIOR LANDSCAPE REQUIREMENTS INCLUDING THE PROVISION OF CENTRAL LANDSCAPE ISLANDS AND THE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES; AMENDING ARTICLE 3, SECTION 3- 1204, ADDING AN EXCEPTION FROM THE REQUIREMENT OF PROVIDING CURBING; AMENDING ARTICLE 3, SECTION 3-1403, MODIFYING THE REGULATIONS PERTAINING TO GRASS PARKING; AMENDING ARTICLE 3, SECTION 3-1502, MODIFYING THE PROPERTY MAINTENANCE REQUIREMENTS WITH REGARD TO SEDIMENTATION; AMENDING ARTICLE 3, SECTION 3-1904, DELETING SUBSECTION N; AMENDING ARTICLE 3, SECTION 3- 1906, MODIFYING THE REGULATIONS PERTAINING TO DEAD-ENDS AND CUL-DE-SACS; AMENDING ARTICLE 3, SECTION 3-1912, 2 MODIFYING THE REGULATIONS PERTAINING TO STORMWATER DRAINAGE AND RETENTION; AMENDING ARTICLE 4, SECTION 4- 505, MODIFYING PROVISIONS FOR ORAL ARGUMENTS IN HEARING OFFICER APPEALS; AMENDING ARTICLE 4, SECTION 4-1008, CORRECTING REFERENCES WITHIN THE COMPREHENSIVE SIGN PROGRAM STANDARDS; AMENDING ARTICLE 8, SECTION 8-102, ADDING DEFINITIONS FOR BIOSWALE, GARDEN CENTER, LOW IMPACT DEVELOPMENT, MUSEUMS, AND TATTOO PARLOR, AND MODIFYING THE DEFINITIONS FOR PROBLEMATIC USES, AND RETAIL SALES AND SERVICES; AMENDING APPENDIX A, VIII. LAND DEVELOPMENT, CHANGING THE APPLICATION FEE FOR FINAL PLAT; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Cod e to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Utilities, Article VI, Stormwater Management, Section 32.242, Code of Ordinances be amended to read as follows: Sec. 32.242. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Department means the public works engineering department of the city. * * * * * * * * * * Section 2. That Chapter 32, Utilities, Article X, Stormwater Systems, Section 32.392, Code of Ordinances be amended to read as follows: Sec. 32.392. - Definitions. The following definitions shall apply to the provisions of this article: * * * * * * * * * * Illicit connection means any of the following: Any surface or subsurface drain or conveyance that allows an illicit discharge to enter the stormwater system including, but not limited to, any 3 conveyances that allow any non-stormwater discharge such as, but not limited to, sewage, processed wastewater, and/or wash water to enter the stormwater system; any connections to the stormwater system from indoor drains and sinks regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or any drain or conveyance connected from a commercial or industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. * * * * * * * * * * Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. * * * * * * * * * * Section 3. That Chapter 32, Utilities, Article X, Stormwater Systems, Section 32.394, Code of Ordinances be amended to read as follows: Sec. 32.394. - Illicit discharges. * * * * * * * * * * (2) Specific prohibitions. Any discharge to the stormwater system containing any pollutants, sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited. * * * * * * * * * * Section 4. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community Development Code be amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X 4 Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Funeral homes X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Microbreweries X X X Mixed use X X X X Museums X X X Nightclubs X X X X Non-residential off-street parking X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or storage X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X 5 Planned medical campus project X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Urban farms X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Section 5. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-703. "C" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA 6 Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Brewpubs 3,500— 10,000 30- 100 25—50 25 0—10 10- 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students Funeral Homes 3,500— 10,000 30- 100 25—50 25 0—10 10- 20 0.25 per seat Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per 1,000 GFA Indoor Recreation/Entertainment 5,000— 10,000 50- 100 25 25 10 20 3—5/1000 SF GFA or 3— 5/lane, 1— 2/court or 1/machine Medical Clinics(1) 10,000 100 25 - 50 25 0 - 10 10- 20 3 - 5/1,000 GFA Microbreweries 3,500 - 10,000 30 - 100 25 - 50 25 0 - 10 10- 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Mixed Use 5,000— 10,000 50—100 25—50 25 0—10 10— 20 Based upon specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 3,500— 10,000 30—100 25—50 25 0—10 10— 20 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, Display and/or Storage 20,000 100 25 25 10 20 5 per 1,000 SF of outdoor display area Overnight Accommodations 20,000— 40,000 150— 200 25—50 25 0—10 10— 20 1 per unit Places of Worship(2) 20,000— 40,000 100— 200 25—50 25 10 20 .5-1 per 2 seats Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Restaurants 3,500— 10,000 30—100 25—50 25 0—10 10— 20 7—12 spaces per 1,000 GFA Retail Plazas 15,000 100 25—50 25 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 10,000 30—100 25—50 25 0—10 10— 20 4—5 spaces per 1,000 GFA 7 Schools (5) 40,000 200 25 25 0—10 10— 20 1 per 3 students Social and Community Centers (1) 3,500— 10,000 35—100 25—35 25 0—10 10— 20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a Vehicle Sales/Displays 20,000— 40,000 150— 200 25 25 10 20 2.5 spaces per 1,000 of lot sales area Veterinary Offices 5,000— 10,000 50— 100 25 15— 25 0— 10 10— 20 4 spaces per 1,000 GFA * * * * * * * * * * P. Outdoor retail sales, display and/or storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas unless the principal use is the sale of living plant material; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. All buildings located on the parcel proposed for development are finished or painted in earth tone colors; 4. No cyclone, chainlink or other metal mesh fences are located on the parcel proposed for development; 5. All fences, excluding gates, are landscaped on the exterior of such fences with continuous shrubs or vines and trees located 20 feet on center; 6. No goods and materials other than living plant material which are stored or displayed outside a building or structure are located within a required setback; 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division 12 in regard to landscaping; 8. The height of non-living goods and materials stored or displayed outdoors shall not exceed 15 feet; 9. No building materials or automobile parts or supplies which are stored or displayed outdoors shall be visible from a public right-of-way. * * * * * * * * * * Section 6. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-802. "T" District Flexible Standard Development Standards Use1 Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height1 (ft.) Min. Setbacks (ft.) 1 Min. Off-Street Parking Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit 8 Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6) 10,000 100 35—50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Brewpubs 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Governmental Uses(2) 10,000 100 35—50 10-15 0—10 10-20 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35—50 0—15 0—10 20 10 per 1,000 GFA Medical Clinic 10,000 100 35—50 10-15 10 20 5/1,000 GFA Mixed Use 5,000— 10,000 50—100 35—50 0—15 0—10 10-20 Based upon specific use requirements Museums 10,000 100 35- 50 10-15 0-10 10-20 1 - 3/1,000 GFA Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA Offices 5,000— 10,000 50—100 35—50 0—15 0—10 10-20 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10-15 10 20 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10-15 0—10 10-20 1.2 per unit Parking Garages and Lots 20,000 100 50 15-25 10 10-20 n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Resort Attached Dwellings(6) 10,000 100 35—50 10-15 10 10-20 1.5 per unit Restaurants 5,000— 10,000 50—100 35—50 0—15 0—10 10-20 7—12 spaces per 1,000 GFA(5) 9 Retail Plazas 15,000 100 35—50 0—15 0—10 10-20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 - 50 0—15 0—10 10-20 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10-15 0—10 10-20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a * * * * * * * * * * J. Museums. 1. Height. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 4. Off-street parking. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. * * * * * * * * * * Section 7. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30—50 3—5 per 1,000 GFA Attached Dwellings 30—50 1-1.5 per unit Bars 30—50 3—10 per 1,000 GFA Brewpubs 30 -50 1/1,000 GFA dedicated to brewery operations and support services; and 5-10/1,000 GFA for all other use area (1) 10 Community Gardens n/a n/a Convention Center 30—50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30—50 3—5 per 1,000 GFA(1) Microbreweries 30—50 1/1,000 GFA dedicated to brewery operations and support services; and 5-10/1,000 GFA for all other use area (1) Mixed Use 30—50 Based upon specific use requirements Museums 30- 50 1-3 per 1,000 GFA (1) Nightclubs 30—50 3—10 per 1,000 GFA Offices 30—50 1—3 per 1,000 GFA(1) Overnight Accommodations 30—50 .75—1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30—50 .5—1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30—50 5—10 per 1,000 GFA(1) Retail Plazas 30—50 4 per 1,000 GFA Retail Sales and Service 30—50 2—4 per 1,000 GFA(1) Social and Community Centers 30—50 2—4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a * * * * * * * * * * K. Museums. 1. Height. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. 2. Off-street parking. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 3. Design. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * 11 Section 8. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1202, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-1202. "I" District Minimum Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Assisted Living Facilities 20,000 100 25 10 20 50 1 per 2 residents Cemeteries 20,000 100 25 10 20 50 n/a Community Gardens n/a n/a 15 5 5 n/a n/a Congregate Care 20,000 100 25 10 20 50 1 per 2 residents Educational Facilities 40,000 200 25 10 20 50 1 per 2 students Funeral Homes 20,000 100 25 10 20 50 0.25 per seat Governmental Uses 20,000 100 25 10 20 50 4 per 1,000 SF GFA Hospitals 5 acres 250 25 25 25 50 2/bed Medical Clinic 10,000 100 25 10 20 50 5 per 1,000 SF GFA Museums 20,000 100 25 10 20 50 3 per 1,000 SF GFA Nursing Homes 20,000 100 25 10 20 50 1 per 2 residents Places of Worship 20,000 100 25 10 20 50 1 per 2 seats Parks and Recreation Facilities n/a n/a 25 10 20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Schools 40,000 200 25 10 20 50 1 per 3 students * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1203, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-1203. "I" District Flexible Standard Development Standards Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-Street 12 Area (sq. ft.) Width (ft.) Front Side Rear Height (ft.) Parking Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15—25 10 15—20 50 0.5—1 per 2 students Funeral Homes 15,000- 20,000 100 15-25 10 15-20 50 0.25 per seat Halfway Houses 10,000 100 15—25 10 15—20 30 1 per 2 residents Hospitals 1—5 acres 100—250 15—25 10—25 15—25 50 1—2/bed Medical Clinic 10,000 100 15—25 10 15 - 20 50 5/1000 SF Museums 20,000 100 15- 25 0- 10 15- 20 50 1 – 3 per 1,000 SF GFA Parking Garages and Lots 20,000 100 15—25 10 15—20 50 n/a Places of Worship 20,000 100 15—25 10 15—20 50 0.5—1 per 2 seats Planned Medical Campus Project Based upon approved Planned Medical Campus Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15—25 10 15—20 30 1 per 2 residents Retail Sales and Service 10,000 100 15—25 10 15—20 50 5 per 1,000 SF GFA Utility/Infrastructure Facilities(1) n/a n/a 15—25 10 15—20 n/a n/a Assisted Living Facilities 15,000— 20,000 100 25 5-10 10-20 50 1 per 2 residents Nursing Homes 15,000- 20,000 100 25 5-10 15-20 50 1 per 2 residents Social and Community Centers 20,000 100 15—25 10 15—20 50 4—5 per 1,000 GFA Congregate Care 20,000 100 25 5-10 10-20 50 1 per 2 residents * * * * * * * * * * H. Museums. 1. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 13 3. Off-street parking. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. * * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District, Section 2-1302, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-1302. "IRT" District Minimum Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Spaces Front Side/Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(2) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing(3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices(4) n/a n/a n/a n/a n/a n/a Outdoor Storage (accessory use)(5) n/a n/a n/a n/a n/a n/a Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(6) 10,000 100 20 15 50 12 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Urban Farms n/a n/a 20 15 50 2 per acre or fraction thereof Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF GFA 14 Wholesale/Distribution/ Warehouse Facility 20,000 200 20 15 50 1.5/1,000 SF GFA * * * * * * * * * * (5) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (65) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (76) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. * * * * * * * * * * Section 11. That Article 3, Development Standards, Division 2, Accessory Use/Structures, Community Development Code be amended to read as follows: DIVISION 2. - ACCESSORY USE/STRUCTURES Section 3-201. - General. A. Purpose and applicability. The purpose of this division is to establish standards for accessory uses of land, water, and buildings and accessory structures. B. Standards. In addition to all the standards in this Development Code, accessory uses and structures shall be established in accordance with the following standards: 1. The accessory use and structure is subordinate to and serves an established and conforming principal use. 2. The accessory use and structure is subordinate in area, extent, and purpose to the principal use. 3. The accessory use and structure contributes to the comfort, convenience or use of the principal use. 4. The accessory use and structure is located on the same property as the principal use and located behind the front edge of the principal structure except as provided for in subsection 5. below. 15 5. Accessory detached garages may be located in front of the principal structure of an attached dwelling development containing more than 100 units. Such garages shall be reviewed and approved as part of a required Level One or Level Two development application for the attached dwellings as the case may be and shall demonstrate compliance with all of the following criteria and any other applicable provisions of the Community Development Code. a. The parcel proposed for development is not governed by any special area plan including but not limited to Beach by Design, the Clearwater Downtown Redevelopment Plan, the US 19 Corridor Redevelopment Plan, or located in any activity center, along a redevelopment corridor or view corridor identified on the Citywide Design Structure adopted in the Clearwater Comprehensive Plan. b. Such detached garages shall be setback at least 25 feet from the front property line and shall comply with the side setbacks of the zoning district in which the project is located. c. Such detached garages shall not obstruct access to the primary use. d. Such detached garages shall be designed as an integral part of the architectural design of the principal structures. The same materials, colors, roof design and other architectural details shall be incorporated into the design of the detached garages. e. Such detached garages that front along a street shall appear to contain habitable space through the use of windows, doors and other design elements consistent with the front façade of the principal structure(s). f. Such detached garages shall not exceed 80 feet in length and shall modulate horizontally or vertically by at least two feet for every 40 feet in length. g. Such detached garages shall not be converted to a residential dwelling unit. 6. The accessory use(s) and structures, unless otherwise allowed as a permitted use in the zoning district, shall not cumulatively exceed ten percent of the gross floor area of the principal use. Such structures may be permitted up to 25 percent of the gross floor area of the principal use through a Level One (flexible standard) approval process. Gross floor area of the principal building includes the floor area of any attached garage or carport. 7. The accessory use may be located in a separate building, provided that such building complies with all the development standards in Article 3 8. The use complies with each and every development standard applicable to the principal use to which the accessory use is accessory. 9. No accessory structure shall exceed 15 feet in height in any residential zoning district and no more than the allowable height for the principal use in any nonresidential zoning district. Such structures may be permitted up to 20 feet in height in the residential zoning districts if approved through a Level One (flexible standard development) approval process. 16 10. Canvas, or other similar materials, shall not be allowed as a permitted material for any accessory structure. 11. In-ground pools that are 12 inches or less above grade shall be classified as an accessory structure. In-ground pools that are greater than 12 inches or more above grade shall be classified as a principal structure. 12. Community gardens may be allowed as an accessory use and may be located in front of the principal structure provided that each of the following are met: a. The community garden shall not obstruct access to the primary use; and b. The community garden shall not be located within any required perimeter landscape buffer, interior landscape area, or foundation planting area. 13. Exemptions. a. A two-car detached garage accessory to a detached dwelling shall be exempt from the percentage requirements specified in Section 3-201.B.6 above provided there is no other parking garage located on the site. b. Swimming pools and spas shall not be included when calculating the amount of permitted accessory uses/structures on a site. c. Picnic tables, sheds, water pumps, etc. that are accessory to a community garden shall be exempt from the location requirement specified in Section 3-201.B.4 above. C. Outdoor cafés. Restaurants may establish on-site outdoor cafés as an accessory use. Such café areas shall be reviewed and approved through the applicable development review process as set forth in Article 4 of this Community Development Code and shall be exempt from parking requirements. D. Solid waste containers/mechanical equipment. 1. All solid waste containers, recycling or trash handling areas and outside mechanical equipment shall be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties. If such screening is provided by means of a fence, gate, or wall, materials which are consistent with those used in the construction of and the architectural style of the principal building shall be utilized. 2. Screening of mechanical equipment shall be accomplished in a manner that does not interfere with the proper operation and/or maintenance of such equipment. 3. Solid waste containers shall be of a size sufficient to serve the use to which they are accessory. 4. If it is necessary in order to accommodate a solid waste container in the redevelopment of an existing building, the required number of parking spaces may be reduced by a maximum of two spaces. 5. Solid waste containers and recycling or trash handling areas shall be located to facilitate easy and safe access for pickup and shall be provided in accordance with Chapter 32 of the City Code. DIVISION 2. - ACCESSORY USE/STRUCTURES Section 3-201. – Purpose and applicability. 17 The purpose of this division is to establish standards for accessory uses of land, water, and buildings and accessory structures so as to contribute to the comfort and convenience of the principal use/structure, while not detracting from the character of the neighborhood. Section 3-202. – Exemptions. A. For the purpose of calculating the gross floor area of the principal use as set forth in Section 3-203.C., the floor area of any attached garage or carport shall be included. B. A detached two-car garage that is accessory to a detached dwelling shall be exempt from the size limitations set forth in Section 3-203.C., provided there is no other garage located on the site. C. Garden centers shall be exempt from the size limitations set forth in Section 3-203.C. D. Swimming pools shall be exempt from the size limitations set forth in Section 3-203.C. E. A screen enclosure around a swimming pool shall be exempt from the maximum height requirement set forth in Section 3-203.D., with the limitation that it not exceed the height of the principal structure. F. Picnic tables, sheds, water pumps, etc. that are accessory to a community garden shall be exempt from the location requirement set forth in Section 3-203.A. G. Recreation equipment, including but not limited to: play apparatus, swing sets, slides, sandboxes, play houses and basketball hoops shall be exempt from the location requirement set forth in Section 3-203.A., as well as the size limitations set forth in Section 3-203.C. All such recreation equipment, however, must still meet applicable setbacks. H. Solid waste containers shall be exempt from the location requirement set forth in Section 3-203.A. Section 3-203. – General standards. A. Accessory uses and/or structures shall not be located between the right-of-way and the principal structure except as may otherwise be permitted in Section 3-204. B. Accessory structures shall comply with those setbacks established in their respective zoning district. C. Accessory structures shall not cumulatively exceed 25 percent of the gross floor area of the principal use. D. Accessory structures shall not exceed 15 feet in height in any residential zoning district and no more than the height of the principal structure in any nonresidential zoning district. Accessory structures may be permitted up to 20 feet in height in any residential zoning district if approved through a Level One (flexible standard development) approval process. However, under no circumstances shall the height of an accessory structure exceed the height of the principal structure. E. Carports, garages or any structure used or intended to be used for the storage of any vehicle shall include a permanent and solid roof deck constructed with material such as asphalt shingles, metal, concrete tile, or wood. Fabric, canvas and canvas/fabric-like materials are prohibited. F. Accessory structures, with the exceptions as noted in this Section, which are used or intended to be used for recreational purposes such as shade structures for decks, 18 patios, pools, hot tubs, playground equipment, gardens and the like may include flexible roof material appropriate and rated for outdoor use such as Sunbrella and Sailrite. G. Accessory structures shall not be separately metered for electricity or water. H. Accessory uses shall not cumulatively exceed ten percent of the gross floor area of the principal use, except as may otherwise be permitted in this Code. I. An otherwise detached structure shall not be considered an accessory structure if it is connected to the principle structure by means of a breezeway, roofed passage or similar structure where the roofs are integrated. Section 3-204. – Specific standards. A. Community gardens. Community gardens may be an accessory use and may be located between the right-of-way and the principal structure(s) provided that each of the following are met: 1. The community garden shall not obstruct access to the primary use; and 2. The community garden shall not be located within any required perimeter landscape buffer, interior landscape area, or foundation planting area. B. Detached garages for attached dwellings. Accessory detached garages may be located between the right-of-way and the principal structure(s) of an attached dwelling development containing more than 100 units. Such garages shall be reviewed and approved as part of a required Level One or Level Two development application for the attached dwellings as the case may be and shall demonstrate compliance with all of the following criteria and any other applicable provisions of the Community Development Code. 1. The parcel proposed for development is not governed by any special area plan including but not limited to Beach by Design, the Clearwater Downtown Redevelopment Plan, the US 19 Corridor Redevelopment Plan, or located in any activity center, along a redevelopment corridor or view corridor identified on the Citywide Design Structure adopted in the Clearwater Comprehensive Plan. 2. Such detached garages shall be setback at least 25 feet from the front property line and shall comply with the side setbacks of the zoning district in which the project is located. 3. Such detached garages shall not obstruct access to the primary use. 4. Such detached garages shall be designed as an integral part of the architectural design of the principal structures. The same materials, colors, roof design and other architectural details shall be incorporated into the design of the detached garages. 5. Such detached garages that front along a street shall appear to contain habitable space through the use of windows, doors and other design elements consistent with the front façade of the principal structure(s). 6. Such detached garages shall not exceed 80 feet in length and shall modulate horizontally or vertically by at least two feet for every 40 feet in length. 7. Such detached garages shall not be converted to a residential dwelling unit. C. Garden centers. 19 1. Garden centers shall be designed with columns that are consistent with the architecture of the principal structure, and are connected by either black vinyl coated chainlink fence or black aluminum fence. The chainlink or aluminum fencing may also include windscreen; however the color of the windscreen must be consistent with the color of the principal structure. 2. The storage of materials within the garden center, including the racks, shall not be visible above any fencing, walls or other screening. 3. All areas of the garden center located beneath a roof or canopy that includes combustible materials, shall include a sprinkler system unless otherwise not required by the Fire Marshall. 4. There shall be no sale of prepared foods. D. Mechanical equipment. Outdoor mechanical, electrical, and communication equipment, including heating, air conditioning, and ventilation equipment; venting and vent terminations for commercial hoods; electric meters; mechanical penthouses; electrical and communication equipment, panels, and cabinets; satellite dishes; and similar features shall be located and designed to meet all of the following standards: 1. Equipment shall be placed on roofs or to the rear or side of buildings and shall not be placed between any right-of-way and the principal structure(s). 2. Equipment shall be exempt from side and rear setback requirements. However, no mechanical equipment shall be permitted within a side setback which has been reduced as part of a Level One or Level Two application. 3. Equipment shall be screened from public view by landscaping, fencing, or architecturally-finished walls and/or enclosures designed to be compatible with the exterior facade of the building. Rooftop mechanical and elevator penthouses shall complement the design of street-facing building facades and shall be clad on all sides in the same or a material complementary to that used on street- facing facades. E. Outdoor cafés. A bar, brewpub, community facility, indoor recreation/entertainment facility, microbrewery, museum, nightclub, restaurant, take-out food establishment with no indoor seating, or other use which includes the sale and or consumption of food or drink as determined by the Community Development Coordinator may establish on-site outdoor cafés as an accessory use. Such café areas shall be reviewed and approved through the applicable development review process as set forth in Article 4 of this Community Development Code and shall be exempt from off-street parking requirements. F. Outdoor retail sales and display. 1. The outdoor retail sales and display area shall not encroach into any parking space, vehicular use area, landscape area, or right-of-way. 2. The outdoor retail sales and display area shall not limit or restrict appropriate access to the building, including the provision of a required handicapped accessible route. 3. The outdoor retail sales and display area shall not exceed four feet in height. 4. Merchandise displayed outdoors must be items otherwise sold inside the principal building to which the outdoor retail sales and display area is associated 20 with, or items sold within a garden center as may be allowable pursuant to Section 3-204.C. 5. There shall be no sale of prepared foods. G. Solid waste containers. 1. All solid waste containers, recycling or trash handling areas shall be completely screened on four sides by a fence, gate, wall, mounds of earth, or vegetation from view from public streets and abutting properties. If such screening is provided by means of a fence, gate, or wall, materials which are consistent with those used in the construction of and the architectural style of the princ ipal building shall be utilized. 2. Solid waste containers shall be of a size sufficient to serve the use to which they are accessory. 3. If it is necessary in order to accommodate a solid waste container in the redevelopment of an existing building, the required number of parking spaces may be reduced by a maximum of two spaces. 4. Solid waste containers and recycling or trash handling areas shall be located to facilitate easy and safe access for pickup and shall be provided in accordance with Chapter 32 of the Code of Ordinances. H. Swimming pools. Swimming pools and their associated decks that are 12 inches or less above grade shall be classified as an accessory structure. Swimming pools and their associated decks that are greater than 12 inches above grade shall be classified as a principal structure. Section 12. That Article 3, Development Standards, Division 7, Erosion and Siltation Control, Community Development Code be amended to read as follows: DIVISION 7. - EROSION AND SILTATION SEDIMENTATION CONTROL * * * * * * * * * * Section 3-702. - Minimum criteria and design guidelines. * * * * * * * * * * D. Protection of existing storm sewer systems. During construction, all storm sewer inlets receiving drainage from the project shall be protected by sediment traps, such as but not necessarily limited to secured synthetic hay bales, sod or stone, which shall be maintained and modified as required by construction progress and which shall be approved by the community development coordinator before installation. In no case shall sediment or debris be allowed to enter a public right-of-way or adjacent properties in such a manner as to create a traffic hazard, a public nuisance or a threat to existing drainage ways. Should the erosion and sedimentation controls shown on the plan be insufficient, it is the responsibility of the contractor to provide controls that perform adequately. * * * * * * * * * * 21 G. Working in or crossing waterways or water bodies. Land alteration and construction shall be minimized in all waterways and in a 25-foot-wide strip adjacent to the water, measured from the top of the bank of the waterway. Construction equipment and motor vehicles shall be kept out of waterways and the 25-foot buffer area whenever possible. Barriers shall be used to prevent access by construction equipment and motor vehicles. Where in-channel work cannot be avoided, precautions shall be taken to stabilize the work area during land alteration, development and construction to minimize erosion. If the channel or buffer area is disturbed during land alteration, it shall be stabilized within three calendar days after the in-channel work is completed. Silt curtains or other filter/siltation reduction devices shall be installed on the downstream side of the in- channel activity to alleviate increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided and shall be removed when construction is completed. Upon completion of construction, the area of the crossing shall be restored to a condition reasonably equal to that which existed prior to the construction activity, or to a condition consistent with what is detailed in the development/building approval. * * * * * * * * * * I. Trench excavation. The construction of underground facilities shall be accomplished in an expeditious manner, with backfill and restoration lagging no more than 400 100 feet behind excavation and installation. Where appropriate, excavated materials shall be cast onto the uphill side of any trench and shall not be cast into any channel or channel bank. * * * * * * * * * * Section 13. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-904, Community Development Code be amended to read as follows: * * * * * * * * * * B. To enhance views of the water from waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3, Division 8 with the exception of an at- grade swimming pool, at-grade deck, and a non-opaque fence not to exceed 48 inches in height. 22 Section 14. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-909, Outdoor Cafés Located Within Public Right(s)-of-Way, Community Development Code be amended to read as follows: * * * * * * * * * * A. Applicability. A bar, brewpub, indoor recreation/entertainment facility, microbrewery, museum, nightclub, restaurant, take-out food establishment with no indoor seating, or other use which includes the sale and or consumption of food or drink as determined by the Community Development Coordinator, may establish an outdoor café. Outdoor cafés shall be exempt from parking requirements. * * * * * * * * * * 23 Section 15. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1202, Community Development Code be amended to read as follows: Section 3-1202. - General landscaping standards. * * * * * * * * * * D. Perimeter buffers. Except in the downtown or tourist districts, excluding the Old Florida District where landscaping requirements are defined in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors with approved special plans, landscaping shall be installed in a perimeter buffer in accordance with the standards in this division and the following table: * * * * * * * * * * 3. Front slopes of stormwater retention areas may comprise up to 50 percent of any required landscape buffer width, provided that the slope is 4:1 or flatter and all required shrub plantings are not more than six inches below the top of the bank and provided that the buffer width is at least five feet in width. Shade or accent trees may be planted along the top of bank down to the seasonal high water line, provided that they are a minimum of 12 feet apart on center and at least 5 feet away from pipes and control structures. Groundcover and ornamental grasses may be planted in swales. * * * * * * * * * * E. Interior landscaping. 1. Minimum interior landscaping standards - parking lots: Landscaping for the interior of parking lots shall provided in accordance with the following: a. Required interior islands. 1. 10% of gross vehicular use area or 12% of gross vehicular area if parking spaces are greater than or equal to 110% of required parking shall be provided in an island. 2. Interior islands shall be incorporated into parking lot designs so that no more than 20 parking spaces are provided in a row. b. Depth of interior islands. All interior landscape islands shall have a minimum depth that is consistent with the depth of the adjacent off-street parking space. c. Width of interior islands. All interior landscape islands shall have a minimum width of 17 feet as measured from back of curb to back of curb. d. Required tr/plants in interior islands. 1. One shade tree, or accent/palm equivalent, shall be provided in each interior landscape island. 2. One shade tree, or accent/palm equivalent, shall be provided per 150 square feet of required greenspace. 3. Shrubs shall be provided in an amount to equal or exceed 50% of the required greenspace. 4. Groundcover shall be utilized for required greenspace in-lieu of turf. 24 e. Plantings associated with community gardens cannot be counted toward meeting the interior landscaping requirements. f. Exemption. If the paved vehicular use area has a square footage of less than 4,000, then it shall be exempt from the above requirements. 2. Foundation plantings shall be provided for 100 percent of a building façade with frontage along a street right-of-way, excluding space necessary for building ingress and egress, within a minimum five-foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building façade and one shrub for every 20 square feet of required landscaped area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. Plantings associated with community gardens cannot be counted toward meeting a foundation planting requirement. 1. Foundation plantings. a. Foundation plantings shall be provided for 100 percent of a building façade with frontage along a street right-of-way, excluding space necessary for building ingress and egress, within a minimum five-foot wide landscaped area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. b. Landscape materials required by Section 3-1202.E.2., below, cannot be counted toward meeting these foundation planting requirements. c. Plantings associated with community gardens cannot be counted toward meeting a foundation planting requirement. 2. Parking lots. If the paved vehicular use area is greater than 4,000 square feet, then landscaping for the interior of parking lots shall be provided in accordance with the following: a. Required interior islands. 1. 10 percent of gross vehicular use area or 12 percent of gross vehicular area if parking spaces are greater than or equal to 110 percent of required parking shall be provided in an island. 2. Interior islands shall be incorporated into parking lot designs so that no more than 20 parking spaces are provided in a row. 3. Interior islands incorporating bioswales shall not be required to provide curbing; however: i. If curbing is provided, then breaks shall be incorporated that would allow water to enter the bioswales within the interior islands. ii. If curbing is not provided, then a two-foot wide gravel buffer shall be constructed between the edge of the pavement and the bioswale. 4. Depth of interior islands. All interior landscape islands shall have a minimum depth that is consistent with the depth of the adjacent off-street parking space. 25 5. Width of interior islands. All interior landscape islands shall have a minimum width of 17 feet as measured from back of curb to back of curb. 6. Required trees/plants. i. A minimum of one shade tree, or accent/palm equivalent, shall be provided in each interior landscape island. ii. One shade tree, or accent/palm equivalent, shall be provided per 300 square feet of required greenspace. iii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the required greenspace. iv. Groundcover shall be utilized for required greenspace in- lieu of turf. 7. Plantings associated with community gardens cannot be counted toward meeting the interior island requirements. b. Central landscape island. 1. Where a central landscape island is provided to allow for low impact development techniques, the width of the central landscape island shall be as follows: i. A minimum of 7.5 feet when no pedestrian path is provided; or ii. A minimum of 12.5 feet when a pedestrian path is provided. The pedestrian path shall be a minimum of five feet in width. 2. Central landscape islands incorporating bioswales shall not be required to provide curbing; however: i. If curbing is provided, then breaks shall be incorporated that would allow water to enter the bioswale within the central landscape island. ii. If curbing is not provided, then a two-foot wide gravel buffer shall be constructed between the edge of the pavement and the bioswale. 3. Required trees/plants. i. One shade tree, or accent/palm equivalent, shall be provided per 300 square feet of island area. ii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the required greenspace. iii. Groundcover shall be utilized for required greenspace in- lieu of turf. 4. Plantings associated with community gardens cannot be counted toward meeting the central landscape island requirements. * * * * * * * * * * 26 Section 16. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1204, Community Development Code be amended to read as follows: Section 3-1204. - Installation and maintenance. * * * * * * * * * * D. All Except as provided for in Section 3-1202, all landscaping required by this division must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas or sidewalks. These protective devices shall have a minimum height of six inches above grade. * * * * * * * * * * Section 17. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1403, Community Development Code be amended to read as follows: Section 3-1403. - Parking lot surfaces. * * * * * * * * * * B. Grass surface. * * * * * * * * * * 4. All surface parking spaces provided in excess of the minimum required pursuant to Article 2 may be surfaced with reinforced grass or other permeable surface as approved by the City Engineer. However, all vehicular accessways and driveways for these excess parking spaces shall be improved in a manner consistent with Section 3-1403.A. 45. The city manager or the community development coordinator may permit parking on the grass or other permeable surface for public purpose needs, including reducing stormwater impacts. 56. Any grass parking areas must be a minimum of ten feet from any tree. * * * * * * * * * * Section 18. That Article 3, Development Standards, Division 15, Property Maintenance Standards, Section 3-1502, Community Development Code be amended to read as follows: Section 3-1502. - Property maintenance requirements. * * * * * * * * * * J. Vacant parcels. * * * * * * * * * * 2. Erosion and siltation sedimentation mitigation measures may be required if it is determined that runoff from a vacant parcel causes harm to adjacent property, city drainage systems or navigable waters which receive the runoff. * * * * * * * * * * 27 Section 19. That Article 3, Development Standards, Division 19, Subdivision Design Standards, Section 3-1904.N., Community Development Code be deleted with subsections re- lettered as appropriate: Section 3-1904. - Streets—Generally. * * * * * * * * * * N. When a local street is to give access to a platted property on one side but abuts unplatted property on the other side, a half-street with not less than a 30-foot right-of- way and 24-foot pavement width and with curb and gutter installed on one side only may be permitted by the city, provided that in its judgment the potential is high for future subdivision of the abutting unsubdivided property in a manner required the completion of the balance of the street by that subdivider in accordance with all other applicable standards and provisions of this development code. * * * * * * * * * * Section 20. That Article 3, Development Standards, Division 19, Subdivision Design Standards, Section 3-1906, Community Development Code be amended to read as follows: Section 3-1906. - Dead-ends and culs-de-sac. * * * * * * * * * * B. Cul-de-sac or hammerhead turnarounds shall be provided at the end of all permanent dead-end streets with a 60-foot right-of-way approach. Cul-de-sac turnarounds shall have a right-of-way diameter of 100 140 feet and a pavement width diameter of 80 100 feet. Hammerhead turnarounds shall be 48 feet long on each side of the roadway terminus. * * * * * * * * * * Section 21. That Article 3, Development Standards, Division 19, Subdivision Design Standards, Section 3-1912, Community Development Code be amended to read as follows: Section 3-1912. - Stormwater drainage and retention. A. An adequate stormwater drainage system, designed by a state registered professional engineer and subject to approval by the city engineer, including necessary open ditches, retention/detention areas, pipes, culverts, bridges, swales, bioswales, intersectional drains and drop inlets, shall be provided for the proper drainage of all surface water. Submission of design calculations shall be submitted in accordance with the city's stormwater drainage criteria manual. * * * * * * * * * * 28 D. Lots may be laid out so as to allow for the onsite retention of stormwater through the use of swales, bioswales, vegetative areas, or other techniques utilizing low impact development. Section 22. That Article 4, Development Review and Other Procedures, Section 4- 505, Hearing Officer Appeals, Community Development Code, be amended to read as follows: Section 4-505. - Hearing officer appeals. * * * * * * * * * * B. At the hearing, the record before the community development board shall be received by the hearing officer. Additionally, oral argument may be presented by the appellant, applicant, city, the community development board, and any person granted party status by the community development board. * * * * * * * * * * Section 23. That Article 4, Development Review and Other Procedures, Section 4- 1008, Comprehensive Sign Program, Community Development Code, be amended to read as follows: In accordance with Article 3, Division 18, Section 3-1807 3-1808 Comprehensive Sign Program, the procedures for review and approval follow here. A. Information required for all applications. All applications for Comprehensive Sign Program approval shall include the following information: * * * * * * * * * * 9. Completed written responses to the Comprehensive Sign Program criteria, set forth in Section 3-1807 3-1808. * * * * * * * * * * D. Application and design review. Upon determination that a Comprehensive Sign Program application is complete, the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive sign program set forth in Section 3-1807 3-1808. Within ten working days of completeness, the community development coordinator may grant approval, grant the approval subject to specified conditions or deny the application for comprehensive sign program. The review period of ten days may be extended by mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance with the requirements of the comprehensive sign program. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 working days based on the extent of the deficiencies identified. If materials are not received within that timeframe, the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified, the community development coordinator shall determine whether the resubmission materials 29 demonstrate compliance with the comprehensive sign program and shall either grant the approval, approve with conditions or deny the application. * * * * * * * * * * Section 24. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Bioswale means a shallow planted depression used to partially treat water quality, attenuate flooding potential and convey stormwater away from critical infrastructure (e.g. rain garden, vegetated swale). * * * * * * * * * * Garden center means the outdoor retail sales and display of plant materials not grown on-site, garden tools, fertilizers, potting soil, mulch, rock and other garden supplies, including power equipment, such as garden tractors, lawnmowers, etc. * * * * * * * * * * Low impact development means a stormwater management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions. * * * * * * * * * * Museums means a building or buildings intended for the preservation and exhibition of artistic, cultural, historical, or scientific objects. * * * * * * * * * * Problematic uses means commercial retail and service uses, including but not limited to, day labor, tattoo parlors, body piercing, pawn shops, check cashing centers and blood plasma centers which are typically characterized by poorly maintained facilities, loitering and other indices of neighborhood deterioration or urban blight. * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, tattoo parlor, animal grooming, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. * * * * * * * * * * Tattoo parlor means an establishment practicing physical body adornment using, but not limited to, any of the following techniques: body piercing, branding, cosmetic tattooing, scarification, and tattooing. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin, which shall not be performed in a tattoo parlor. * * * * * * * * * * 30 Section 25. That Appendix A – Schedule of Fees, Rates and Charges, VIII. Land Development, Community Development Code be amended to read as follows: * * * * * * * * * * (3) Level Three. * * * * * * * * * * (f) Final plat .....300.00 600.00 * * * * * * * * * * Section 26. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 27. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 28. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 29. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 30. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Community Development Board – July 19, 2016 TA2016-06001 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: July 19, 2016 AGENDA ITEM: F. 1. CASE: TA2016-06001 ORDINANCE NO.: 8931-16 REQUEST: Review and recommendation to the City Council, of an amendment to the Code of Ordinances and the Community Development Code. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Planning and Development Department has regularly reviewed the Community Development Code (CDC) as it applies to certain proposed development. City staff maintains a list of existing CDC provisions that should be amended in order to better reflect City development patterns, improve internal processes, and improve consistency with the Comprehensive Plan, Countywide Rules, and Florida Statutes. In addition to staff providing input toward improving the CDC based upon experiences in its application, the Engineering Department recently contracted with an outside consultant on what changes would need to be made to the CDC in order to begin implementing low impact development techniques. ANALYSIS: Proposed Ordinance No. 8931-16 amends several sections of the CDC. The following is a brief analysis of each aspect of the proposed ordinance. 1. Code of Ordinances [pages 2 -3 of Ordinance] The proposed amendment will update the definition of “Department” to mean the “Engineering Department,” as well as adding definitions for illicit connection and pollutant to the Stormwater Systems section of the Code of Ordinances. These changes will result in the Code more closely mirroring the US Environmental Protection Agency’s model ordinance for Illicit discharge. These changes, along with the term “pollutants” to the illicit discharges section, city codes will have more enforceability as well. These changes have been proposed by the Engineering Department. Planning & Development Department Community Development Code Text Amendment Development Review Division Community Development Board – July 19, 2016 TA2016-06001 – Page 2 2. Museums [pages 4, and 8-12 of Ordinance] While not specifically denoted in the definition for such, museums would currently be considered a part of the indoor recreation/entertainment use. However, it has been found that this interpretation would not allow for a museum to be established in the Institutional (I) District, where the intent and purpose of the I District is to “establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater.” As a result, staff is proposing the creation of the museum use within the Tourist (T), Downtown (D) and I Districts with appropriate development standards and flexibility criteria. 3. Outdoor Retail Sales, Display and/or Storage [pages 4, 6, 7, 13 and 14 of Ordinance] The proposed amendment will remove the use outdoor retail sales, display and/or storage from the Commercial (C) District and Outdoor storage from the Industrial, Research and Technology (IRT) District. These are being removed in conjunction with the revisions to the accessory uses/structures provisions as this is necessary to eliminat e conflicts and inconsistencies as outdoor retail sales, display and/or storage will be treated as an accessory use moving forward. 4. Accessory Uses/Structures [pages 14-20 of Ordinance] The proposed amendment will replace the current Accessory Uses/Structures Division in its entirety. The new version will retain several of the existing standards and exemptions of the current version; however it will utilize an updated framework to make the Division easier to utilize. In addition, some standards within the Division will be changed and new standards added, including: Accessory structures. Currently, accessory structures are allowed up to a cumulative maximum of 10% of the gross floor area of the principle structure (it is possible for this maximum to be increased to 25 % through a Level One – Flexible Standard Development application). The proposed amendment removes the application requirement to exceed the 10% threshold and, instead, allows the 25% maximum by right. The 10% threshold has been consistently found to be overly limiting to smaller properties, and on countless occasions it has been found to be supportable to exceed this threshold based upon pre- existing neighborhood conditions. As such, the elimination of the 10% threshold is appropriate. This change still results in any/all accessory structures being incidental to the principal structure. Garden centers. Under the current code provisions, a garden center would require a specific approval as “outdoor retail sales, display and/or storage.” This amendment will eliminate that requirement and allow such uses to exist as they truly are – as the accessory outdoor retail sales of plant material, garden tools, fertilizers, potting soil, mulch, rock and other garden supplies. The standards proposed will ensure adequate and acceptable methods of screening inventory, while also providing quality aesthetics. It is noted that existing garden centers such as those found at Home Depot, Lowes, and Wal- Mart will not be made non-conforming as a result of these changes. 5. Erosion and Sedimentation [pages 20-21 and 26 of Ordinance] Planning & Development Department Community Development Code Text Amendment Development Review Division Community Development Board – July 19, 2016 TA2016-06001 – Page 3 The proposed amendment clarifies several erosion and sedimentation related issues and updates some terminology. The clarifications being made are consistent with standard engineering practices, and are as follows: Adds language establishing that the responsibility to ensure sedimentation controls perform adequately is with the contractor; Adds language allowing for water crossings to be either restored to pre-construction condition or what was detailed in the development/building approval; and, Modifies language reducing the distance for backfill and restoration lagging from 400 feet to 100 feet. 6. Waterfront Sight Visibility Triangles [pages 21-22 of Ordinance] The proposed amendment shall clarify that an at-grade structure, such as a swimming pool or deck, is permissible to encroach into the required waterfront sight visibility triangle. The existing exception allowing only for the encroachment of non-opaque fences not exceeding 48 inches in height will remain. 7. Outdoor Cafés [page 22 of Ordinance] The proposed amendment adds museums to the list of uses that may have an outdoor café. A museum would previously have been permitted to have an outdoor café as it was categorized as indoor recreation/entertainment; however with it now becoming its own standalone use category this portion of the amendment is necessary to retain this existing permission. 8. Landscaping [pages 23-26 of Ordinance] The proposed amendment will result in improved functionality of stormwater retention areas and the overall development aesthetic by allowing for more substantial planting of stormwater retention areas consistent with low impact development techniques. The amendment also proposes the reorganization of the interior landscaping provisions. The majority of the existing language is being retained and is only being reorganized in order to accommodate new language concerning central landscape islands and provisions for low impact development (bioswales). The amendment will neither require the provision of a central landscape island, nor the utilization of low impact development techniques. It will simply provide standards for when these elements are proposed. Additionally, an exception shall be included for the installation of curbing when low impact development techniques are being implemented. 9. Grass Parking [page 26 of Ordinance] The proposed amendment will allow for excess parking spaces to be surfaced with reinforced grass or another permeable surface in-lieu of being paved. This is an effort to reduce the amount of impervious surface on properties while still obtaining the required number of off- street parking spaces in a paved condition. The amendment also expands upon the reasons that either the City Manager or Community Development Coordinator may permit grass parking to include the reduction of stormwater impacts. 10. Subdivision Design Standards [pages 27-28 of Ordinance] The proposed amendment will remove a provision allowing for the construction of partial streets, as well as modify the required dimensions for dead-ends and cul-de-sacs as these are Planning & Development Department Community Development Code Text Amendment Development Review Division Community Development Board – July 19, 2016 TA2016-06001 – Page 4 no longer desired forms of development. The Engineering Department has worked with the Fire and Solid Waste Departments to codify the physical limitations of their equipment. Changing the cul-de-sac and hammerhead turnaround limits enables the city to maintain access for residential safety and welfare for new development or redevelopment. In addition to the above, the proposed amendment will also modify the stormwater drainage and retention requirements of the subdivision design standards to implement low impact development provisions that are consistent with similar changes being implemented within the landscaping sections of the Code. 11. Hearing Officer Appeals [page 28 of Ordinance] The proposed amendment will clarify that the Community Development Board (CDB), and by proxy the Board attorney, may provide oral argument before a hearing office as part of an appeal. This change will alleviate concern over the Board attorney representing a neutral decision maker at a hearing and then representing one of the parties to the application at an appeal hearing. 12. Comprehensive Sign Program [page 28 of Ordinance] The proposed amendment will correct three erroneous references internal to the CDC. 13. Definitions [page 29 of Ordinance] Bioswale – establishes a definition for what constitutes a bioswale. Garden center – establishes a definition for what constitutes a garden center. Low impact development – establishes a definition for what constitutes low impact development. Museums – establishes a definition for what constitutes a museum. Problematic uses – modifies the definition to remove tattoo parlors and body piercing. Retail sales and services – modifies the definition to include tattoo parlors. Tattoo parlor – establishes a definition for what constitutes a tattoo parlor. 14. Appendix A [page 30 of Ordinance] The Engineering Department is proposing to increase the fee for final plat reviews from $300 to $600. Changing the final plat fee, which has not been updated for over ten years, would cover the cost of having a consultant review the plat if staff time is not available. Plats are required to be signed and sealed by the Florida licensed surveyor, and the city has only one licensed surveyor on staff. If this individual was unavailable for review, then the review could be outsourced without a deficit. The Engineering Department has indicated that Pinellas County charges $2,185 for a final plat, plus $18 per lot, and that the City of St. Petersburg charges $650 for a final plat with no variances, or $1,000 for a final plat with variances. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Planning & Development Department Community Development Code Text Amendment Development Review Division Community Development Board – July 19, 2016 TA2016-06001 – Page 5 A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendments: Policy A.1.1.10 The Community Development Code shall provide for on-site drainage detention and/or retention or payment in lieu thereof for compatibility with community master drainage plans Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy F.2.1.10 The City will encourage the use of “Low Impact Development” techniques for stormwater management, such as minimal land disturbance, the preservation of native vegetation, and the minimization of impervious cover, through site plan and internal review processes. The proposed amendments are intended to make various clarifications, corrections and updates to the Code of Ordinances and the Community Development Code. However, the proposed amendments will also further the functionality of our development approval process making it easier to navigate and producing improved results, as well as begin to implement the use of low impact development techniques. As such, the above referenced Goal, Objectives and Policy of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B.1. Allowing property owners to enhance the value of their prop erty through innovative and creative redevelopment; Sec. 1-103.E.3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. Planning & Development Department Community Development Code Text Amendment Development Review Division Community Development Board – July 19, 2016 TA2016-06001 – Page 6 Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. The amendments proposed by this ordinance will further the above referenced purposes by implementing the aforementioned Goal, Objectives and Policy of the Comprehensive Plan; by establishing a new permissible use (museums); by improving the functionality of the accessory uses/structures and landscaping provisions of the CDC; and by continuing to make incremental adjustments to various regulations that ultimately result in a more adaptive and flexible development approval process. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8931-16 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Ordinance No. 8931-16 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8929-16 Agenda Date: 8/17/2016 Status: Second ReadingVersion: 2 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8929-16 on second reading, amending Appendix A, Article XXIV Public Works - Fees, Rates and Charges, Section (3)(a) Water Rates, Secrtion (3)(b) Wastewater Collection Utility Rates and (3)(f) Reclaimed Water Rates. SUMMARY: Page 1 City of Clearwater Printed on 8/16/2016 [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 1 ORDINANCE NO. 8929-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE SCHEDULE FOR DOMESTIC WATER, LAWN WATER, RECLAIMED WATER, AND WASTEWATER COLLECTION UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXIV PUBLIC WORKS – FEES, RATES AND CHARGES; SECTION (3)(a) WATER RATES, SECTION (3)(b) WASTEWATER COLLECTION UTILITY RATES AND (3)(f) RECLAIMED WATER RATES CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXIV, PUBLIC WORKS—FEES, RATES AND CHARGES, Section (3)(a) Water Rates, Clearwater Code of Ordinances is amended as follows: (3) Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be a monthly fee as provided in the table below based on the meter size and volume allowance, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates will take effect for bills issued on or after the dates shown in the following table, and shall remain in effect thereafter unless amended: Meter Size October 1, 20116 October 1, 20127 October 1, 20138 October 1, 20149 October 1, 201520 Under 1‐inch: Base service charge with allowance up to 3,000 gallons $16.30 20.16 $17.03 20.91 $17.80 21.69 $18.60 22.50 $19.44 23.34 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 9,001 gallons up, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 1‐inch: Base service charge with allowance up 38.04 39.75 41.54 43.41 45.36 [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 2 to 7,000 gallons 47.04 48.79 50.61 52.50 54.46 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 40,001 gallons up, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 1½‐inch: Base service charge with allowance up to 100,000 gallons 543.40 672.00 567.85 697.00 593.40 723.00 620.10 750.00 648.00 778.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 140,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 2‐inch: Base service charge with allowance up to 233,000 gallons 1,266.12 1,565.76 1,323.10 1,624.01 1,382.64 1,684.59 1,444.86 1,747.50 1,509.88 1,812.74 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 343,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 3‐inch or 2‐inch in manifold: [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 3 Base service charge with allowance up to 359,000 gallons 1,950.81 2,412.48 2,038.60 2,502.23 2,130.34 2,595.57 2,226.21 2,692.50 2,326.39 2,793.02 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 474,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 4‐inch: Base service charge with allowance up to 691,000 gallons 3,754.89 4,643.52 3,923.86 4,816.27 4,100.43 4,995.93 4,284.95 5,182.50 4,477.77 5,375.98 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 979,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 6‐inch: Base service charge with allowance up to 1,775,000 gallons 9,645.35 11,928.00 10,079.39 12,371.75 10,532.96 12,833.25 11,006.94 13,312.50 11,502.25 13,809.50 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 2,025,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 4 8‐inch: Base service charge with allowance up to 3,000,000 gallons 16,302.00 20,160.00 17,035.59 20,910.00 17,802.19 21,690.00 18,603.29 22,500.00 19,440.44 23,340.00 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons 6.60 8.17 6.90 8.47 7.21 8.79 7.53 9.12 7.87 9.46 Plus, from 3,413,001 gallons, per 1,000 gallons 8.33 10.30 8.70 10.69 9.09 11.09 9.50 11.51 9.93 11.94 2. Lawn water meters. Lawn water rates shall be as follows and will take effect for bills issued on or after the dates specified: Lawn meter size: Under 1‐inch: October 1, 20116 October 1, 20127 October 1, 20138 October 1, 2019 October 1, 2015 20 Base service, with no usage allowance $5.81 7.19 $6.07 7.46 $6.34 7.74 $6.63 8.03 $6.93 8.33 Plus, up to 2,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 2,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 1‐inch: Base service charge, with no usage 17.44 18.22 19.04 19.90 20.80 [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 5 allowance 21.58 22.39 23.23 24.10 25.00 Plus, up to 7,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 7,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 1½‐inch: Base service charge, with no usage allowance 87.27 107.97 91.20 112.02 95.30 116.22 99.59 120.58 104.07 125.10 Plus, up to 9,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 9,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 2‐inch: Base service charge, with no usage allowance 244.34 302.32 255.34 313.65 266.83 325.42 278.84 337.62 291.39 350.28 Plus, up to 40,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 40,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 3‐inch or two 2‐inch in manifold: [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 6 Base service charge, with no usage allowance 482.86 597.42 504.59 619.83 527.30 643.07 551.03 667.19 575.83 692.21 Plus, up to 100,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 100,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 4‐inch: Base service charge, with no usage allowance 930.84 1,151.67 972.73 1,194.85 1,016.50 1,239.66 1,062.24 1,286.15 1,110.04 1,334.38 Plus, up to 233,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 233,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 6‐inch: Base service charge, with no usage allowance 2,809.97 3,476.61 2,936.42 3,606.98 3,068.56 3,742.25 3,206.65 3,882.58 3,350.95 4,028.18 Plus, up to 359,000 gallons, per 1,000 gallons 7.07 8.75 7.39 9.07 7.72 9.41 8.07 9.77 8.43 10.13 Plus, from 359,001 gallons, per 1,000 gallons 9.74 12.06 10.18 12.51 10.64 12.98 11.12 13.46 11.62 13.97 [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 7 * * * * * * * * * * Section 2. Appendix A, Article XXIV, PUBLIC WORKS—FEES, RATES AND CHARGES, Section (3)(b) Wastewater Collection Utility Rates, Clearwater Code of Ordinances is amended as follows: (b) Wastewater collection utility rates. 1. There is hereby established a uniform schedule of rates and charges for the availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee, as provided in the table below, based on the meter size and volume allowance of domestic water, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: Base Monthly Charge With or Without Consumption Size of Meter October 1, 2011 6 October 1, 2012 7 October 1, 2013 8 October 1, 201 9 October 1, 2015 20 Allowance (gallons) Under 1‐inch 22.44 $27.75 23.46 $28.80 24.51 $29.88 25.62 $31.02 26.76 $32.16 3,000 or less 1‐inch 52.36 64.75 54.74 67.20 57.19 69.72 59.78 72.38 62.44 75.04 7,000 or less 1 ½‐inch 748.00 925.00 782.00 960.00 817.00 996.00 854.00 1,034.00 892.00 1,072.00 100,000 or less 2‐inch 1,742.84 2,155.25 1,822.06 2,236.80 1,903.61 2,320.68 1,989.82 2,409.22 2,078.36 2,497.76 233,000 or less 3‐inch or 2 two 2‐inch manifold 2,685.32 3,320.75 2,807.38 3,446.40 2,933.03 3,575.64 3,065.86 3,712.06 3,202.28 3,848.48 359,000 or less 4‐inch 5,168.68 6,391.75 5,403.62 6,633.60 5,645.47 6,882.36 5,901.14 7,144.94 6,163.72 7,407.52 691,000 or less 6‐inch 13,277.00 16,418.75 13,880.50 17,040.00 14,501.75 17,679.00 15,158.50 18,353.50 15,833.00 19,028.00 1,775,000 or less [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 8 8‐inch 22,440.00 27,750.00 23,460.00 28,800.00 24,510.00 29,880.00 25,620.00 31,020.00 26,760.00 32,160.00 3,000,000 or less Charge per 1,000 gallons of water used over the allowance 7.48 9.25 7.82 9.60 8.17 9.96 8.54 10.34 8.92 10.72 * * * * * * * * * * Section 3. Appendix A, Article XXIV, PUBLIC WORKS—FEES, RATES AND CHARGES, Section (3)(f) Reclaimed Water Rates, Clearwater Code of Ordinances is amended as follows: (f) Reclaimed water rates. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the reclaimed water system. The reclaimed water rate shall be a monthly fee consisting of an availability charge as the basic allowance in the following table, plus a charge per 1,000 gallons of reclaimed water consumed as indicated. Such rates shall take effect for bills issued on or after dates as shown in the following table, and shall remain in effect thereafter unless amended: October 1, 20116 October 1, 20127 October 1, 20138 October 1, 2019 October 1, 201520 Single‐family, duplex or triplex (per domestic water account), commercial/industri al or multi‐family dwelling and open space Availability charge 11.18$13.83 11.68$14.35 12.21$14.89 12.76$15.44 13.33$16.02 Usage—Metered per 1,000 gallons used 0.931.15 0.971.19 1.011.24 1.061.29 1.111.33 Section 4. This ordinance shall take effect immediately upon adoption. [A04‐02051 /187625/1] Ord. No. 8929‐16 Page 9 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 Final Report July 21, 2016 City of Clearwater FY 2016 Water & Sewer Revenue Sufficiency Analysis Prepared by: 1000 North Ashley Drive, Suite 513 • Tampa, Florida 33602 • Phone (813) 443-5138 • Fax (813) 443-8289 E-mail: Andrew.Burnham@hawksley.com July 21, 2016 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FY 2016 Water & Sewer Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins: Burton & Associates is pleased to present this Final Report of the FY 2016 Revenue Sufficiency Analysis that we have performed for the City’s Water and Sewer Enterprise Fund. We appreciate the fine assistance provided by you, your staff, and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (813) 443-5138. Very truly yours, Andrew J. Burnham Senior Vice President FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS TABLE OF CONTENTS i City of Clearwater Final Report TABLE OF CONTENTS SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 BACKGROUND ........................................................................................................................... 1 1.2 OBJECTIVE ................................................................................................................................. 1 1.3 STUDY PROCEDURES ................................................................................................................. 2 SECTION 2. ANALYSIS ....................................................................................................................... 4 2.1 ASSUMPTIONS ............................................................................................................................ 4 2.2 RESULTS ...................................................................................................................................11 SECTION 3. RATE SURVEY ..............................................................................................................13 3.1 METHODOLOGY ........................................................................................................................13 3.2 RESULTS ...................................................................................................................................13 SECTION 4. CONCLUSIONS & RECOMMENDATIONS .............................................................17 4.1 CONCLUSIONS ...........................................................................................................................17 4.2 RECOMMENDATIONS .................................................................................................................17 APPENDIX ..................................................................................................................................................18 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION 1 City of Clearwater Final Report SECTION 1. INTRODUCTION Burton & Associates has conducted a Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Water & Sewer Enterprise Fund (Utility). The following sections of this report describe in detail the procedures, assumptions, results, and recommendations of the RSA. 1.1 BACKGROUND In recent years, many challenges have affected the financial performance of the Utility. Pinellas County, the City’s wholesale water provider, has continued to increase its wholesale rates. Aging infrastructure continues to drive the need for additional renewal and replacement projects within the Utility’s capital improvement plan. Moreover, a combination of recent economic conditions and continued conservation awareness has caused many of the Utility’s customers to reduce the quantity of water they are using. With these challenges and many others ahead, the City retained Burton & Associates to evaluate the adequacy of the revenue provided by its current rates and the annual rate adjustments proposed in the FY 2015 RSA Study1 to meet its financial requirements over a five-year planning period and ten-year projection period. Additionally, the Utility requested Burton & Associates update a detailed water demand and customer account analysis to continue to understand the trends and magnitude of these reductions and to develop updated customer and demand projections for use in this RSA. 1.2 OBJECTIVE The objective of this RSA was to evaluate the sufficiency of the Utility’s current rates and proposed annual rate adjustments for water and wastewater and to identify a plan of future 1 The 2015 RSA proposed 4.5% rate increase for FY 2016 and 4.0% annual increases for FY 2017 through FY 2025 for water and wastewater. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION 2 City of Clearwater Final Report increases that would provide adequate revenue to fund the Utility’s cost requirements over a multi-year projection period while recognizing the effects of recent minor customer and demand growth 2, increasing purchased water costs, and increasing renewal and replacement requirements. 1.3 STUDY PROCEDURES During the conduct of this RSA, we evaluated the Utility’s financial management plan by examining the impact of key parameters (such as a small increase in customers and demand, price elasticity, increasing reclaimed water usage, increasing purchased water costs, additional renewal and replacement and operating expenses, etc.) upon important financial indicators by use of graphical representations projected on a large viewing screen from our computer rate models. In this way, we evaluated the adequacy of the Utility’s current plan of annual rate increases to provide sufficient revenues to fund the Utility’s cost requirements for FY 2017 and identified a plan of equal annual future increases over the remainder of the projection period (FY 2017 thru FY 2026) that would meet the financial requirements, goals, and objectives of the Utility. In order to initiate the RSA, we obtained the Utility’s historical and budgeted financial information regarding the operation of the Water and Sewer Enterprise Fund. We obtained the Utility’s multi-year capital improvement program (CIP) and the Utility’s current debt obligations and the covenants, or promises made to bond holders or other lenders, relative to net income coverage requirements, reserves, etc. We also counseled with City staff regarding other assumptions and policies that would affect the Water and Sewer Enterprise Fund, such as required levels of reserves, interest earnings rates, escalation rates for operating costs, increases to wholesale water costs, etc. 2 Since the Great Recession the Utility experienced significant account and consumption declines and in recent years that downward trend has started to slowly reverse. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION 3 City of Clearwater Final Report All of this information was entered into our Financial Analysis and Management System (FAMS) interactive model. The FAMS model produces a multi-year projection of the sufficiency of the Utility’s revenues to meet all of its current and projected financial requirements and determines the level of rate revenue increases necessary in each year to provide sufficient revenues to fund all of the Utility’s requirements. FAMS also utilizes all available and unrestricted funds in each year of the projection period to pay for capital projects, in accordance with the cash application rules in the model as defined with City staff. This produces a detailed summary of the funding sources to be used for each project in the CIP. To the extent that current revenues and unrestricted reserves are not adequate to fund all capital projects in any year of the projection period, the FAMS model identifies a borrowing requirement to fund those projects or portions thereof that are determined to be eligible for borrowing. In this way, the FAMS model is used to develop a borrowing program that includes the required borrowing amount by year and the resultant annual debt service obligations of the Utility for each year in the projection period. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 4 City of Clearwater Final Report SECTION 2. ANALYSIS This section presents the results of the analysis and the financial management plan developed during the conduct of this RSA. The first sub-section presents a description of the base data, assumptions, and policies of the RSA. The second sub-section provides the results of the RSA, while the Appendix includes detailed financial analysis schedules supporting the financial management plan identified herein. 2.1 ASSUMPTIONS During the conduct of the RSA, we communicated with City staff regarding various data and assumptions used in the development of the financial management plan presented herein. The base data, assumptions, and policies included in the RSA are as follows: Beginning Fund Balances – The Utility’s Comparative Balance Sheet and Restricted Asset Statement for September 30, 2015 provided the historical financial information used to establish the beginning FY 2016 balances for each of the various funds. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances available for capital projects in FY 2016 and the associated capital project costs were included in the CIP. Base Revenues – The revenues utilized in the RSA reflect a combination of estimated and budgeted FY 2016 amounts. The estimated FY 2016 results are based on FY 2015 actual amounts, adjusted for assumed customer and usage changes as well as the adopted 4.5% rate increase for FY 2016. Revenues consist of water, wastewater, irrigation and reclaimed water rate revenues and all other categories of revenue. Table 2 below presents a comparison of the projected rate revenues from the FY 2015 RSA and the actual and estimated information utilized in the current RSA. As can be seen, the FY 2016 revenue estimate from this RSA is approximately $401,000, or 0.56%, higher than the projected amount from the FY 2015 RSA. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 5 City of Clearwater Final Report Table 2. Actual/Estimated Revenues vs. FY 2015 RSA Projections FY 2015 FY 2016 Actual/Estimated Rate Revenue* $68,655,644 72,249,062 FY 2015 RSA Projected Revenue* $68,736,150 71,848,267 Difference $80,506 $400,795 *Rate Revenue includes Water, Irrigation, Reclaimed Water, and Sewer Revenue. For each year after FY 2016, rate revenues in this RSA are adjusted based upon assumed rate increases, customer growth, and changes in demand. All other non-rate revenues were based upon the FY 2016 Approved Budget and FY 2017 Preliminary Budget. Customer Growth – As stated previously, we performed an analysis of the Utility’s historical account and demand data. Relative to accounts or customers, we specifically reviewed changes in the number of active accounts by month during the past 10 years. Based upon this review, we developed annual forecasts of active accounts for each service type that recognize a gradual return to historical number of active accounts over the next ten years. Schedule 2 of the Appendix includes detailed projections of active accounts for water, irrigation, sewer, and reclaimed water service. Forecast of Billed Demands – The analysis of historical billed demands was based upon a review of the Utility’s monthly billing consumption by service and customer class for the past 10 fiscal years. The results of this analysis concluded that in recent years a minor increase in accounts has caused a stabilization and/or minor increase in demand. Despite overall increase in demand, the trend of declining average usage per account continues (see Table 3). The Utility has experienced a reduction of approximately 11.6% in total billed potable water demand since 2008; or approximately 1.40% per year. However, as economic conditions are slowly improving, we anticipate and estimate that average use per single- family residential account per month will increase slightly from the FY 2015 level of 3,931 gallons to 3,953 gallons in FY 2016. Across all customer classes, we anticipate a slight increase (0.26%) in total billed potable water demand in FY 2016 as compared to FY 2015. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 6 City of Clearwater Final Report Table 3. Changes in Billed Potable Water Demand from FY 2010 to FY 2016 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 (est.) Total Annual Demand (In Thousand Gallons)* 3,370,436 3,402,819 3,359,115 3,379,731 3,342,953 3,362,701 3,371,372 Percentage Change -3.51% 0.96% -1.28% 0.61% -1.09% 0.59% 0.26% Average Monthly Single-Family Demand/Account 4,292 4,278 4,132 4,080 3,997 3,931 3,953 Percentage Change -0.32% -3.41% -1.27% -2.03% -0.02% 0.01% *Includes Single-Family, Multi-Family, Commercial, Government, and Industrial Demands. We incorporated the multi-year billed demand projections into the RSA for each service (which include both the effects of changes in use per account and the annual changes in accounts described previously). Schedule 2 of the Appendix includes detailed projections of billed demand by service. Reclaimed Water Use Revenue Impacts – As reclaimed water is made available to more customers and reclaimed water usage increases, there will be a reduction in the Utility’s potable irrigation customers and demands as well as a corresponding reduction in the amount of wholesale water that has to be purchased. As such, there will also be a reduction in lawn irrigation revenues as they are replaced by lower revenues from reclaimed water customers. The net effect of these reclaimed water impacts causes projected rate increases to be larger. The customer and demand projections for lawn irrigation and reclaimed water service on Schedule 2 include the impact of the continued expansion of the reclaimed water system. Price Elasticity – This adjustment is incorporated into the FAMS model to reflect that as rates increase, discretionary water usage will likely decline. Therefore, in order to generate sufficient revenue, projected rate increases will have to be adjusted to reflect a smaller usage base to which they will be applied, thus causing the projected rate increases to be larger. The price elasticity adjustment reduces all usage revenues by the product of the annual rate increase and the annual assumed elasticity coefficient. In each year of the projection period the price elasticity coefficient is 0.30, meaning for every 10% increase in rates, there is a resulting 3% reduction in consumption. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 7 City of Clearwater Final Report Interest Earnings – The projection of interest earnings on invested funds (including funds dedicated for CIP projects) was calculated in each year based upon a computation of average fund balances in each year of the analysis and assumed annual interest rates of 1.50% in FY 2016, 1.75% in FY 2017, 2.00% in FY 2018, and 2.5% in FY 2019 and each year thereafter for the remainder of the projection period. Base Operating Expenditures – To offset the impacts of the observed revenue reductions which resulted from decreases in customers and demands during the recent economic recession, City staff undertook several cost containment/cutting initiatives. As economic conditions revert to better levels, operating expenditures are anticipated to track growth. Table 4 presents a comparison of the projected operating expenditures (excluding purchased water costs) from the FY 2015 RSA and the estimated/projected information utilized in the current RSA. As can be seen, the Utility’s estimated operating expenditures for FY 2016 and FY 2017 are slightly higher (2.98% and 1.40%, respectively) than the projections of the FY 2015 RSA. Table 4. Estimated/Budgeted Expenditures vs. FY 2015 RSA Projections FY 2016 FY 2017 Currently Estimated/Budgeted Expenditures* $40,386,936 41,635,749 FY 2015 RSA Projected Expenditures* $39,218,359 41,063,393 Difference $1,168,577 $572,356 *Expenditures exclude purchased water costs, debt service, PILOT, lease-purchase expenses, and renewal & replacement transfer. The FY 2016 revenue requirements in this RSA are based principally upon the FY 2016 Approved Budget, which reflect all operations and maintenance (O&M) expenses, other miscellaneous expenses, debt service requirements, and inter-fund transfers (including PILOT and Renewal & Replacement (R&R) Transfers). Future O&M expense adjustments, not included in the FY 2016 Approved Budget, were provided by City staff. Renewal & Replacement Transfers – The R&R Transfers include annual contributions from the Wastewater Collection, WPC Plant Operations and Water Distribution departments and an Additional R&R Transfer. The FY 2016 transfer amounts were FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 8 City of Clearwater Final Report provided in the FY 2016 Budget, and beginning in FY 2017, are calculated based upon 5% of prior year’s total operating revenue, distributed to each department based upon the ratio of budgeted FY 2016 transfers by department to the total transfer amount. Based upon discussions with City staff, the RSA includes an Additional R&R Transfer in order to comply with updated rating agency criteria for funding capital projects with cash rather than additional borrowing. The Additional R&R Transfer is assumed to begin in FY 2016 in the amount of $1,000,000 and is assumed to increase by $1,000,000 in each year of the projection period such that by FY 2025, the Additional R&R Transfer will be $10,000,000 and will stay at $10,000,000 in FY 2026. O&M Cost Additions – In addition to the base budgeted amounts of O&M expenses, incremental operating costs have been included in the RSA, mainly relating to future additional water supply and treatment expenses associated with planned facility expansions. The complete list of all future additional/incremental O&M costs that were included in the RSA is presented on Schedule 7 of the Appendix. Cost Escalation – Annual cost escalators for the various types of O&M expenses were provided by City staff and applied in each year of the projection period beginning in FY 2017. A summary of the specific cost escalation factors are presented on Schedule 1 of the Appendix. Payment in Lieu of Taxes – The annual calculation of the payment in lieu of taxes transfer is based upon FY 2016 Approved budget and upon 5.5% of the prior year’s total operating revenues in FY 2017 and each year thereafter of the projection period. Total Demand and Purchased Water Expenses – The total forecasted demand that is purchased by the City is based upon the billed demand projections described previously and is assumed to be approximately 3.50 million gallons per day (MGD) in FY 2016. This volume takes into account several projects still included in the CIP that seek to reduce the City’s reliance on Pinellas County’s Water Supply. As such, purchased water demands throughout the projection period are reduced to approximately 1.5 MGD in FY 2019, per City plans to significantly reduce the amount of water purchased from Pinellas County. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 9 City of Clearwater Final Report It is the goal of the City to provide as much of the City’s average daily flow demand locally, but maintain reliance upon the County and Regional System for maintenance, peaking demands, and emergency supply. The annual amount of water purchased is multiplied against the projected wholesale water rate of Pinellas County in order to determine the purchased water expense each year that is incorporated into the RSA. Increases in Pinellas County Water Rates – Per the current plan of adjustments as adopted by the Pinellas County Board of County Commissioners, it is assumed that Pinellas County wholesale water rates charged to the City will increase by 1.75% in FY 2017 and each year thereafter, consistent with Pinellas County’s most recent rate study3 available at the time the RSA was being conducted. Minimum Working Capital – The plan assumes that the Utility will maintain a minimum Working Capital Reserve fund balance in an amount equal to six months of O&M and purchased water expenses from FY 2017 thru FY 2026. Utilities typically establish a target reserve balance for working capital, or unrestricted, reserves in order to provide the ability to withstand cash-flow fluctuations. There can be a significant length of time between when a system provides a service and when a customer may pay for that service. In addition to timing, the volume of cash flow for utilities can be substantially affected by weather and seasonal demand patterns. Absent a detailed multi- year historical study of monthly cash flows and an analysis of the aging of accounts receivable, there are various industry guidelines and practices available to determine an appropriate target reserve. However, per a recent analysis conducted by the Rates and Charges Committee of the American Water Works Association (AWWA), a prudent level of minimum unrestricted reserves is an amount equal to at least 2 months of operating and maintenance expenses. This is also consistent with our industry experience, in which water and sewer utilities 3 FY 2015 Utility Rate Study, Final Report dated July 30, 2015. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 10 City of Clearwater Final Report generally target minimum reserves in the range of 2 to 6 months of operating and maintenance expenses. Capital Projects Funding – The CIP was provided by City staff through FY 2022. Beginning in FY 2023, unspecified future capital projects were projected based upon the average annual CIP spending for the preceding five years. It is important to note that beginning in FY 2018, a 3.0% annual compounding cost escalation factor has been applied to each capital project to account for inflation in the future cost of construction. In total, the cost of the CIP (including cost inflation) from FY 2016 – FY 2026 equals approximately $349 million. A detailed list of the specific projects and costs by year are presented on Schedule 4 of the Appendix of this Report. Borrowing Assumptions – To the extent new debt would be required in any year of the projection period to fund a portion of the CIP, the FAMS model calculates debt service with the following terms: Senior-Lien Debt Service Payment Schedule – All future revenue bond issues, as calculated by FAMS, are assumed to be issued in the middle of the fiscal year. As a result, only an interest payment is made in the year in which each bond is issued. All subsequent years reflect full annual principal and interest payments. Interim Financing – The analysis assumes the use of interim financing in FY 2017, FY Table 5. Borrowing Assumptions Senior-Lien Debt: Term 30 Years Interest Rate 5.50 % Interim Financing: Term 1 Year Interest Rate 1.50% - 2.50% Short-Term Debt: Term 5 Years Interest Rate 1.50% - 2.50% It is assumed that any interim borrowings would be refinanced the following year and included in a senior-lien revenue bond or bank loan. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 11 City of Clearwater Final Report 2019, FY 2021, FY 2023 and FY 2025; while it assumes senior-lien borrowing, or revenue bonds, are issued in FY 2018 and every even year thereafter. All interim financing issues are assumed at the beginning of the fiscal year and are refinanced in the subsequent year as part of the senior-lien borrowing. Until refinanced as part of the subsequent bond issue, the only carrying costs for the interim financing are interest-only payments. Short-Term Borrowing – The analysis assumes the use of short-term borrowing to calculate the debt service for lease/payments provided by staff as part of the Capital Improvement Plan. Debt Service Coverage – There are two debt service coverage tests in the Utility’s outstanding bond covenants as follows: • Rate Covenant – Net income must be at least 1.15 times annual debt service • Parity Test – Net income must be at least 1.20 times maximum annual debt service (only in years when revenue bonds are issued). It is important to note that these coverage requirements are minimum requirements. To the extent that a utility is unable to meet these requirements, it could be found in technical default and would potentially have its credit rating downgraded, which would affect the interest rates and terms of future financing initiatives. As a policy decision, utilities often measure revenue sufficiency and set rates based upon a higher coverage level so as to ensure compliance with these covenants in the event future projections of revenue and expenses do not occur as predicted. As such, the RSA reflects a target debt service coverage ratio of 1.50, which is considered Midrange for utility systems per recently published guidance from the municipal ratings agency Fitch Ratings (July 2013). 2.2 RESULTS The steady reduction in billed water demand (despite the minor reversal in this trend in FY 2015) has had a measurable impact on the revenues of the Utility. However, the revenue impacts from demand reductions have largely been offset by 1) the avoidance of purchased FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS ANALYSIS 12 City of Clearwater Final Report water expenses due to demand reductions and increases of City production capacity, and 2) operating cost containment initiatives undertaken by City staff. Using our financial forecasting model, we determined that an annual increase of 3.75% to water, wastewater, and reclaimed water rates through FY 2021 would provide adequate revenue to meet the Utility’s operating and capital cost, debt service coverage, and reserve requirements during that time period. In fact, the RSA shows that 3.75% annual rate increases through FY 2026 should provide adequate revenue to meet the projected requirements of the Utility during each remaining year of the projection period. Table 6 Recommended Financial Management Plan FY 2017 - 26 Water* 3.75% Reclaimed Water 3.75% Wastewater 3.75% *Rate increases applicable to Potable and Irrigation rates. 2.2.1 Financial Results of Operations and Sources and Uses of Funds The Appendix presents Schedules 1 through 13 that support the financial management plan identified in this Report. The schedules presented in the Appendix reflect a projection period that extends through FY 2026. While the immediate five-year period is most important, our analysis extends beyond this time period so that any significant cost or revenue shortfalls just outside of the first five year planning period may be identified and potentially addressed in the current RSA to avoid future financial harm and adverse rate impacts to customers. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS RATE SURVEY 13 City of Clearwater Final Report SECTION 3. RATE SURVEY As part of the RSA, we prepared two residential rate surveys that compare the current monthly bill for the Utility’s typical residential user to that of neighboring communities. The rate surveys were performed in order to provide an understanding of the current market range of typical residential utility costs and how the Utility fits within that range. 3.1 METHODOLOGY The rate surveys were conducted during the spring of calendar year 2016 and the rates presented in the survey were in effect at the time the survey was created (i.e. FY 2016 rates). The monthly bill calculations reflect typical single-family residential usage of 3,000 gallons per month (50% of the City’s residential bills are issued at or below this level and it represents the most commonly billed usage amount) and 4,000 gallons per month (the statistical average usage). The rates used in the surveys were based upon information available on each utility’s website, provided by its billing department, and/or published in rate ordinances as available on Municode.com. The utilities surveyed were: Clearwater, Dunedin, Gulfport, Hillsborough County, New Port Richey, Oldsmar, Pasco County, Pinellas County, Port Richey, Safety Harbor, St. Petersburg, Tampa, Tarpon Springs, and Zephyrhills. 3.2 RESULTS Assuming 3,000 gallons of water use, the Utility charges a monthly water and sewer bill that is slightly less than the median combined bill of the utilities surveyed. Table 7 demonstrates that the City’s FY 2016 monthly water and sewer bill ($46.20) is $1.26 less than the median bill ($47.46). FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS RATE SURVEY 14 City of Clearwater Final Report Table 7. Monthly Residential Water & Sewer (Using 3,000 gallons) The information presented in the table above is shown graphically below. Assuming 4,000 gallons per month of water use, the Utility charges a monthly water and sewer bill that is slightly higher than the median combined bill of the utilities surveyed. Table 8 demonstrates that the City’s FY 2016 monthly water and sewer bill ($62.99) is $4.91 higher than the median bill ($58.08). Water & Sewer System Water Sewer Total Tarpon Springs $28.36 $27.36 $55.72 Hillsborough County $21.31 $28.78 $50.08 St. Petersburg $22.95 $26.76 $49.71 Pinellas County $21.04 $27.78 $48.82 Oldsmar $23.19 $25.59 $48.78 Pasco County $15.93 $32.64 $48.57 Safety Harbor $19.62 $27.84 $47.46 Gulfport $20.76 $25.81 $46.57 Clearwater $19.44 $26.76 $46.20 Port Richey $18.45 $27.74 $46.18 New Port Richey $17.50 $24.70 $42.20 Dunedin $18.06 $23.07 $41.13 Zephyrhills $9.74 $28.40 $38.14 Tampa $8.37 $18.90 $27.27 Median (excluding Clearwater)$47.46 Mean (excluding Clearwater)$45.43 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS RATE SURVEY 15 City of Clearwater Final Report Table 8. Monthly Residential Water & Sewer (Using 4,000 gallons) The information presented in the table above is shown graphically below. 3.2.1 Future Considerations It is important to note that this survey is a “snapshot in time” for FY 2016. With the multitude of financial and water demand pressures each utility is currently facing, many of the monthly bills shown in this survey are certain to change in FY 2017 and beyond. Water & Sewer System Water Sewer Total Gulfport $28.59 $34.87 $63.46 Tarpon Springs $31.78 $31.37 $63.15 Clearwater $27.31 $35.68 $62.99 Oldsmar $28.66 $32.01 $60.67 Pinellas County $25.90 $32.62 $58.52 St. Petersburg $26.93 $31.53 $58.46 Hillsborough County $24.93 $33.16 $58.08 Pasco County $18.63 $37.74 $56.37 Safety Harbor $21.65 $33.01 $54.66 Port Richey $21.48 $33.12 $54.59 Dunedin $21.90 $28.58 $50.48 New Port Richey $20.19 $29.01 $49.20 Zephyrhills $11.58 $32.88 $44.46 Tampa $11.28 $25.20 $36.48 Median (excluding Clearwater)$56.37 Mean (excluding Clearwater)$54.51 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS RATE SURVEY 16 City of Clearwater Final Report Several cities currently have approved multi-year or automatic annual rate adjustment plans in place for FY 2017 and subsequent years, including Zephyr Hills, Hillsborough County, Tarpon Springs, Pinellas County, Port Richey, Dunedin, and New Port Richey to name a few. Similarly, other utilities are currently conducting or intend to conduct rate studies that will likely result in rate adjustments for FY 2017 and future years as well. Therefore, while we will continue to perform such surveys as part of future revenue sufficiency analyses to reflect the most current and updated rate information for neighboring communities, we do not expect that the City will vary significantly from the median bill of the utilities surveyed in the future. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS CONCLUSIONS & RECOMMENDATIONS 17 City of Clearwater Final Report SECTION 4. CONCLUSIONS & RECOMMENDATIONS This section presents our conclusions and recommendations of the RSA. 4.1 CONCLUSIONS • Based upon the assumptions and supporting data described in Section 2.1, a plan of 3.75% water, wastewater, irrigation and reclaimed water rate increases in FY 2017 through FY 2021 should generate sufficient revenue to fund the Utility’s system requirements in those years, including annual operating requirements and CIP expenditures, existing and new debt service, and adequate working capital reserves. • Moreover, annual rate increases of 3.75% for the remainder of the projection period (i.e. FY 2022 – FY 2026) should generate sufficient revenue to meet the Utility’s cost requirements during that time period, while meeting the financial performance goals and objectives of the Utility. 4.2 RECOMMENDATIONS Based upon the analysis presented herein and the conclusions presented in the prior subsection, we recommend the following: • The City should approve a 5-year plan of annual 3.75% rate increases through FY 2021. In doing so, the City affirms to rating agencies financial stability and willingness to set rates that will ensure sufficient revenues to cover future costs. • We strongly recommend that the City continue to review the financial performance of the Utility on an annual basis and evaluate the adequacy of its revenues and current plan of rate increases. Doing so will allow for the recognition of updated revenue and expense information and changes in economic conditions so that any necessary adjustments can be made to planned rate increases in order to allow the Utility to meet its requirements during the projection period and minimize rate impacts to customers from future events occurring differently than currently projected. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS APPENDIX 18 City of Clearwater Final Report Appendix Supporting Schedules for the Revenue Sufficiency Analysis FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 1 – Assumptions APPENDIX 19 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Cost Escalation Factors: Inflationary Cost Escalator (1)N/A 2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00% Internal Service Charges N/A 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540100 540200 540300 540400 540500 540600 540700 540800 540900 541000 541100 541200 541400 541500 541600 541700 541800 542000 542700 542800 542900 547900 Salaries & Overtime N/A 2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Health Insurance N/A 9.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00%8.00% EMP Pension Plan (% of Salaries)N/A 18.00%18.00%18.00%18.00%18.00%18.00%18.00%18.00%18.00%18.00% Additional OPEB Accrual N/A 0.48%14.40%5.33%16.44%3.46%17.94%3.17%6.17%9.44%8.04% PILOT (% of Current Year Operating Revenue)N/A 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Elec-Util Charges N/A 2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00% Pinellas County Rate Increase N/A 1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75% Average Annual Cost Escalation N/A 1.15%2.86%0.75%5.41%3.59%2.25%2.11%2.04%1.99%1.99% Impact Fees: Water 480$ 480$ 480$ 480$ 480$ 480$ 480$ 480$ 480$ 480$ 480$ Sewer 900$ 900$ 900$ 900$ 900$ 900$ 900$ 900$ 900$ 900$ 900$ Average Annual Interest Earnings Rate: Revenue Fund 1.50%1.75%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Renewal & Replacement Fund 1.50%1.75%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Bond Funds (New Issues)1.50%1.75%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Other Assumptions: Price Elasticity 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 Working Capital Reserve Target (Months of O&M):3.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 Projected Annual Budget Execution: O&M Spending (1)100%100%100%100%100%100%100%100%100%100%100% Capital Spending 100%100%100%100%100%100%100%100%100%100%100% Debt Assumptions: Debt Service Reserve Fund 1 Years of Debt Service Capitalized Interest to Bond Sinking Fund 0 times total Debt Service Total Costs of Issuance 2% of Par Term of Issuance 30 Years Annual Interest Rate 5.5% Rate Covenant:1.5 x Debt Service Parity Test:1.2 x Debt Service Debt Service Structure:Level Debt Service (1) Applies to all O&M line-items, unless otherwise presented in this Schedule. Internal Service Charge Codes FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 2 – Growth and Demand Projections APPENDIX 20 City of Clearwater Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 (Actual)(Estimated)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected) 1 Annual Water Growth: (1) 2 Accounts 33,109 33,209 33,259 33,309 33,359 33,409 33,459 33,509 33,559 33,609 33,659 33,709 3 Projected Growth in Accounts 100 50 50 50 50 50 50 50 50 50 50 4 Percentage Growth in Accounts 0.30%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15% 5 Consumption (Tgal per Yr)3,362,701 3,371,372 3,374,961 3,378,545 3,382,124 3,385,699 3,389,269 3,392,835 3,396,396 3,399,953 3,403,506 3,407,054 6 Projected Change in Consumption 8,671 3,588 3,584 3,579 3,575 3,570 3,566 3,561 3,557 3,552 3,548 7 Percentage Change in Consumption 0.26%0.11%0.11%0.11%0.11%0.11%0.11%0.10%0.10%0.10%0.10% 8 Annual Irrigation Growth: (1) 9 Accounts 2,054 2,036 2,014 1,992 1,971 1,949 1,928 1,906 1,884 1,863 1,841 1,820 10 Projected Growth in Accounts (18)(22)(22)(22)(22)(22)(22)(22)(22)(22)(22) 11 Percentage Growth in Accounts -0.89%-1.06%-1.07%-1.08%-1.10%-1.11%-1.12%-1.13%-1.15%-1.16%-1.17% 12 Consumption (Tgal per Yr)194,585 194,809 194,714 194,622 194,534 194,449 194,368 194,290 194,216 194,146 194,080 190,800 13 Projected Change in Consumption 224 (95)(92)(88)(85)(81)(78)(74)(70)(66)(3,280) 14 Percentage Change in Consumption 0.12%-0.05%-0.05%-0.05%-0.04%-0.04%-0.04%-0.04%-0.04%-0.03%-1.69% 15 Annual Reclaimed Water Growth: (1) 16 Flat Rate Accounts 1,675 1,575 1,475 1,375 1,275 1,175 1,075 975 875 775 675 575 17 Projected Growth in Accounts (100)(100)(100)(100)(100)(100)(100)(100)(100)(100)(100) 18 Percentage Growth in Accounts -5.97%-6.35%-6.78%-7.27%-7.84%-8.51%-9.30%-10.26%-11.43%-12.90%-14.81% 19 Metered Accounts 5,475 5,625 5,775 5,925 6,075 6,225 6,375 6,525 6,675 6,825 6,975 7,125 20 Projected Growth in Accounts 150 150 150 150 150 150 150 150 150 150 150 21 Percentage Growth in Accounts 2.74%2.67%2.60%2.53%2.47%2.41%2.35%2.30%2.25%2.20%2.15% 22 Consumption (Tgal per Yr)1,600,051 1,645,683 1,691,510 1,737,531 1,783,744 1,830,147 1,876,740 1,923,519 1,970,485 2,017,635 2,064,967 2,112,481 23 Projected Change in Consumption 45,632 45,827 46,021 46,213 46,403 46,592 46,780 46,965 47,150 47,333 47,514 24 Percentage Change in Consumption 2.85%2.78%2.72%2.66%2.60%2.55%2.49%2.44%2.39%2.35%2.30% 25 Annual Sewer Growth: (1) 26 Accounts 33,585 33,613 33,627 33,640 33,654 33,668 33,682 33,696 33,710 33,724 33,737 33,751 27 Projected Growth in Accounts 28 14 14 14 14 14 14 14 14 14 14 28 Percentage Growth in Accounts 0.08%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04% 29 Consumption (Tgal per Yr)3,368,248 3,369,535 3,369,433 3,369,330 3,369,226 3,369,120 3,369,013 3,368,905 3,368,795 3,368,685 3,368,573 3,367,078 30 Projected Change in Consumption 1,288 (102)(103)(105)(106)(107)(108)(109)(111)(112)(1,495) 31 Percentage Change in Consumption 0.04%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%-0.04% 32 Purchased Water Projections: 33 Total Billed Demand (MGD)9.75 9.77 9.78 9.79 9.80 9.81 9.82 9.83 9.84 9.85 9.86 9.86 34 Adj. for Lost & Unaccounted for Water (2)11.58 11.43 11.44 11.45 11.46 11.48 11.49 11.50 11.51 11.52 11.53 11.53 35 City-Based Production 6.48 8.50 8.50 8.50 10.55 10.55 10.55 10.55 10.55 10.55 10.55 10.55 36 Pinellas County Purchased Water (MGD)5.09 3.50 2.94 2.95 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 37 Pinellas County Rate (per Tgal)$3.86 $3.92 $3.99 $4.06 $4.13 $4.21 $4.28 $4.35 $4.43 $4.51 $4.59 $4.67 38 Current Rate Adjustment Forecast N/A 1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75%1.75% 39 Forecast Purchased Water Expense N/A 5,011,904$ 4,287,346 4,378,969 2,262,711 2,302,309 2,342,599 2,383,595 2,425,308 2,467,751 2,510,936 2,554,878 (1) Per Service Count & Demand Analysis. (2) Adj. for Lost & Unaccounted is estimated to be 17% for the projection period based on a 5-year average of prior year actual calculated for adjustments. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 3 – Beginning Balances APPENDIX 21 City of Clearwater Final Report Fund Number 421 376 327 243, 246, 247, 263, 270, 279, 280, 286 GROUPING OF FUNDS IN MODEL Revenue Fund Water Impact Fees Sewer Impact Fees Capital Projects Fund Renewal & Replacement Restricted Reserves CURRENT UNRESTRICTED ASSETS Cash and Cash Equivalents 37,929,997 - 1,756,629 - 12,299,492 21,356,501 Interest Receivable 235,006 - - - 60,594 45,085 Accounts Receivable, net of allowance for uncollectibles - - - - - - Billed 3,829,926 - - - - - Unbilled Charges Estimated 2,686,600 - - - - - Less: Allowances for Uncollectible Accounts (110,759) - - - - - Due from other funds - - - - - - Due From Other Governmental Entities - - - - - - Due From Developers - - - - - - Inventories at Cost 784,060 - - - - - Prepaid Expenses and Other Assets 4,404 - - - - - TOTAL ASSETS 45,359,234 - 1,756,629 - 12,360,086 21,401,586 Less: Accounts and Contract Payable (4,718,227) - - - (412,337) - Less: Accrued Payroll (257,437) - - - - - Less: Accrued Interest Payable (13,865) - - - - (2,469,522) Less: Due to Other Funds - - - - - - Less: Due to Other Governmental Entities - - - - - - Less: Due to Other Funds (Deficit and Pooled Cash)- - - - - - Less: Deposits (3,191,015) - - - - - Less: Deferred Revenues - - - - - - Current Portion of Long-Term Liabilities - - - - - - Less: Compensated Absences (399,613) - - - - - Less: Revenue Bonds (1,062,500) - - - - (5,312,500) Less: Capital Lease Purchase Payable (57,484) - - - - - CALCULATED FUND BALANCE (ASSETS - LIABILITIES)35,659,093 - 1,756,629 - 11,947,749 13,619,564 Plus/(Less): Inventories at Cost (784,060) - - - - - Plus/(Less):- - - - - - Plus/(Less):- - - - - - NET FUND BALANCE 34,875,033 - 1,756,629 - 11,947,749 13,619,564 FUND BALANCES As of 9/30/2015 Water Impact Fees -$ Sewer Impact Fees 1,756,629$ Capital Projects Fund -$ Renewal & Replacement 11,947,749$ Revenue Fund 34,875,033$ Restricted Reserves 13,619,564$ Total Consolidated Fund Balance 62,198,975$ FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Capital Improvement Program APPENDIX 22 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 WATER PROJECTS 2 Publ Util Admin Bldg R&R - 231,000 200,000 70,000 - 25,000 - - - - - 3 Publ Util Admin Bldg R&R 167,396 - - - - - - - - - - 4 System R&R-Maint - 1,890,000 1,760,000 985,000 2,365,000 1,270,000 560,000 - - - - 5 System R&R-Maint 440,086 - - - - - - - - - - 6 Water Supp-Trtmnt - 3,565,000 1,750,000 2,250,000 1,500,000 - 175,000 - - - - 7 Water Supp-Trtmnt 320,490 - - - - - - - - - - 8 Syst R&R-Capitlzd - 2,220,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 - - - - 9 Syst R&R-Capitlzd 342,845 - - - - - - - - - - 10 Line Reloc-Capitlzd - 1,440,000 485,000 1,275,000 400,000 2,350,000 400,000 - - - - 11 Line Reloc-Capitlzd 1,411,302 - - - - - - - - - - 12 Mtr/Back Flow Prev Dev Change 335,244 50,000 50,000 50,000 50,000 50,000 50,000 - - - - 13 System Expnsn 24,000 - - - - - - - - - - 14 System Expnsn 89,508 100,000 100,000 100,000 100,000 100,000 100,000 - - - - 15 Water Svc Lines 40,853 - - - - - - - - - - 16 RO Plant Expsn R1 868,799 135,000 750,000 - - - - - - - - 17 Water Quality Monitoring Devices - - - - 600,000 - - - - - - 18 Rvrs Osmosis @ Resv 2 166,380 - - - - - - - - - - 19 Rebate- Well, Lake Pond, Irig Abatemnt 720 - 20,000 - 20,000 - - - - - - 20 Groundwater Replenishment Facility 3,058,837 - 5,104,000 9,236,000 - - - - - - - 21 Automated Meter Reading - - - - - 100,000 - - - - - 22 Arsenic Treatment RO 3 - 2,050,000 - 8,150,000 - - - - - - - 23 Arsenic Treatment RO 3 62,090 - - - - - - - - - - 24 Future Water Expansion Projects - - - - - - - 250,000 80,000 60,000 40,000 25 Future Water Non-Expansion Projects - - - - - - - 10,480,000 8,206,200 3,273,000 1,956,000 26 TOTAL WATER PROJECTS 7,328,550 11,681,000 11,619,000 23,516,000 6,435,000 5,295,000 2,685,000 10,730,000 8,286,200 3,333,000 1,996,000 27 SEWER PROJECTS 28 Public Works Complex - 325,000 3,100,000 400,000 4,000,000 - 112,240 - - - - 29 Citywide Connect - 300,000 100,000 100,000 50,000 50,000 - - - - - 30 WWTP Screw Pump Replacement - 100,000 750,000 - - - - - - - - 31 WWTP Screw Pump Replacement 66 - - - - - - - - - - 32 WWTP UV Disinfection Sys - 700,000 3,000,000 - - - - - - - - 33 Bio Solids Trtmnt 148,841 940,550 2,250,000 3,073,220 - - - - - - - 34 Odor Control 200,000 300,000 1,150,000 - - - - - - - - 35 WWTP Generator Replacements 40,491 - 1,055,560 - - - - - - - - 36 Sanitary Swr Extnsn 876,209 - - - - - - - - - - 37 Sanitary Swr Extnsn 3,166,800 4,299,000 2,369,000 2,611,000 3,128,000 100,000 - - - - - 38 Sanitary Swr Extnsn 97,566 - - - - - - - - - - 39 Sanitary Swr Extnsn - - - - - - 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 40 Sanitary Util Reloc - 1,684,640 395,000 360,000 360,000 360,000 360,000 - - - - 41 Sanitary Util Reloc 1,677,939 - - - - - - - - - - 42 Laboratory Upgrd - 230,000 150,000 20,000 - - - - - - - 43 Laboratory Upgrd 172,525 - - - - - - - - - - 44 Facilities Upgrd & Impr 1,350,582 9,797,230 4,575,000 2,165,000 3,300,000 500,000 2,975,000 - - - - FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Capital Improvement Program APPENDIX 23 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 45 Facilities Upgrd & Impr 415,628 - - - - - - - - - - 46 WPC R&R 1,328,570 8,316,500 4,149,500 3,174,500 2,926,000 1,699,000 1,400,000 - - - - 47 WPC R&R 1,264,153 - - - - - - - - - - 48 Sanitary Swr R&R 3,772,653 13,968,500 9,825,000 6,189,500 4,014,000 3,385,000 3,385,000 - - - - 49 Sanitary Swr R&R 924,260 - - - - - - - - - - 50 Pump Stn Rplcmnt 770,799 1,357,000 1,240,500 2,062,500 1,430,000 2,442,500 4,470,000 - - - - 51 Wet NNC Rule Compliance - - 1,407,410 - - - - - - - - 52 Future Sewer Non-Expansion Projects - - - - - - - 1,641,600 1,167,800 645,600 20,000 53 Future Sewer Expansion Projects - - - - - - - 17,582,286 10,952,692 7,443,748 4,227,748 54 TOTAL SEWER PROJECTS 16,207,082 42,318,420 35,516,970 20,155,720 19,208,000 8,536,500 16,702,240 23,223,886 16,120,492 12,089,348 8,247,748 55 RECLAIMED PROJECTS 56 Recl Wtr Dist Syst-Grants 1,322,286 1,250,000 600,000 1,250,000 250,000 1,250,000 750,000 - - - - 57 TOTAL RECLAIMED PROJECTS 1,322,286 1,250,000 600,000 1,250,000 250,000 1,250,000 750,000 - - - - 58 Total CIP Budget (in FY 2016 dollars)24,857,918 55,249,420 47,735,970 44,921,720 25,893,000 15,081,500 20,137,240 33,953,886 24,406,692 15,422,348 10,243,748 59 Cumulative Projected Cost Escalation 0.0%0.0%3.0%6.1%9.3%12.6%15.9%19.4%23.0%26.7%30.5% 60 Total CIP Budget (in Future dollars)24,857,918 55,249,420 49,168,049 47,657,453 28,293,980 16,974,361 23,344,580 40,542,716 30,017,153 19,536,569 13,365,768 61 Annual CIP Execution Percentage 100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0% 62 Projected Annual CIP Spending (in Future dollars)24,857,918 55,249,420 49,168,049 47,661,945 28,301,049 16,981,769 23,339,061 40,540,940 30,020,231 19,540,115 13,368,091 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Inflows APPENDIX 24 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 Rate Revenue Growth Assumptions: 2 Growth in Water Accounts 0.30%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15%0.15% 3 Growth in Water Usage 0.26%0.11%0.11%0.11%0.11%0.11%0.11%0.10%0.10%0.10%0.10% 4 Growth in Lawn Irrigation Accounts -0.89%-1.06%-1.07%-1.08%-1.10%-1.11%-1.12%-1.13%-1.15%-1.16%-1.17% 5 Growth in Lawn Irrigation Usage 0.12%-0.05%-0.05%-0.05%-0.04%-0.04%-0.04%-0.04%-0.04%-0.03%-1.69% 6 Growth in Reclaimed Water Accounts 2.74%2.67%2.60%2.53%2.47%2.41%2.35%2.30%2.25%2.20%2.15% 7 Growth in Reclaimed Water Usage 2.85%2.78%2.72%2.66%2.60%2.55%2.49%2.44%2.39%2.35%2.30% 8 Growth in Sewer Accounts 0.08%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04%0.04% 9 Growth in Sewer Usage 0.04%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%-0.04% 10 Annual Rate Revenue Adjustments: 11 Water Rate Increase N/A 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% 12 Lawn Irrigation Rate Increase N/A 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% 13 Reclaimed Water Rate Increase N/A 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% 14 Sewer Rate Increase N/A 3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% 15 Water & Sewer Rate Revenue: 16 Water Rate Revenue 17 Service Availability Charges 17,697,856$ 18,389,172 19,107,448 19,853,735 20,629,123 21,434,747 22,271,783 23,141,453 24,045,030 24,983,832 25,959,230 18 Usage Charges 12,311,395$ 12,642,817 12,983,129 13,332,569 13,691,381 14,059,814 14,438,128 14,826,584 15,225,456 15,635,020 16,055,563 19 Lawn Irrigation Rate Revenue 20 Service Availability Charges 449,450$ 466,305 483,791 501,933 520,756 540,284 560,545 581,565 603,374 626,000 649,475 21 Usage Charges 2,192,557$ 2,274,778 2,360,082 2,448,585 2,540,407 2,635,672 2,734,510 2,837,054 2,943,444 3,053,823 3,168,341 22 Reclaimed Water Rate Revenue 23 Service Availability Charges 1,168,988$ 1,221,248 1,275,783 1,332,690 1,392,072 1,454,034 1,518,684 1,586,139 1,656,518 1,729,944 1,806,548 24 Usage Charges 1,826,708$ 1,926,071 2,029,573 2,137,368 2,249,611 2,366,465 2,488,096 2,614,678 2,746,391 2,883,418 3,025,951 25 Sewer Rate Revenue 26 Service Availability Charges 23,966,291$ 24,875,270 25,818,719 26,797,945 27,814,307 28,869,211 29,964,118 31,100,547 32,280,070 33,504,323 34,775,001 27 Usage Charges 12,635,816$ 12,961,783 13,296,154 13,639,146 13,990,980 14,351,886 14,722,095 15,101,849 15,491,392 15,890,978 16,294,178 28 Total Water & Sewer Rate Revenue 72,249,062$ 74,757,442 77,354,679 80,043,972 82,828,637 85,712,112 88,697,959 91,789,870 94,991,674 98,307,338 101,734,287 29 Other Operating Revenue: 30 Water Taps 80,733$ 80,733 80,733 80,733 80,733 80,733 80,733 80,733 80,733 80,733 80,733 31 Sewer Taps 173,325$ 31,150 31,150 31,150 31,150 31,150 31,150 31,150 31,150 31,150 31,150 32 Water Service Charges 200,000$ 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 33 Material & Water Service 45,000$ 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 34 Fire Line Detect Instilln 44,865$ 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 35 Other Water Revenue 80,490$ 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 36 Wpc Fee Safety Harbor 1,100,000$ 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 37 Other Sewer Revenue 13,000$ 13,000 13,000 13,000 13,000 13,000 13,000 13,000 13,000 13,000 13,000 38 Grease Ord Revenue 55,000$ 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 39 Industrial Pretreatment Rv 20,000$ 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 40 Lab Testing Fees 27,567$ - - - - - - - - - - 41 Late Payment Fee 262,524$ 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 42 Pretreatment Permit Violat 4,750$ - - - - - - - - - - 43 Rents-Commercial Property 18,000$ 18,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 44 Ins Proceeds-Other 10,604$ - - - - - - - - - - 45 Sale Of Scrap 11,183$ 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 46 Cap Labor-Water 81,963$ 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 47 Workers Comp Reimburse 5,000$ 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 48 Storm Water Utility Fund 4,300$ 4,300 4,300 4,300 4,300 4,300 4,300 4,300 4,300 4,300 4,300 49 Total Other Operating Revenue 2,238,304$ 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Inflows APPENDIX 25 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 50 Other Non-Operating Revenue: 51 Interest Earned on Unrestricted Funds 526,747$ 494,925 465,788 592,655 610,972 638,325 656,882 671,187 685,095 698,879 712,779 52 Interest Earned on Restricted Funds 204,293$ 238,342 323,500 468,260 518,354 568,448 582,708 596,969 635,946 674,923 688,314 53 Less: Interim Financing Payments -$ (249,274) - (452,753) - (62,077) - (322,636) - (105,252) - 54 Total Non-Operating Revenue 731,040$ 483,994 789,288 608,162 1,129,326 1,144,696 1,239,590 945,520 1,321,041 1,268,549 1,401,093 55 Impact Fee Revenue: 56 Water Impact Fees 48,000$ 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 57 Sewer Impact Fees 24,922$ 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 58 Total Impact Fee Revenue 72,922$ 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 59 Total Revenue 75,291,329$ 77,411,080 80,313,611 82,821,778 86,127,607 89,026,452 92,107,193 94,905,034 98,482,359 101,745,531 105,305,024 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 26 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 1345 Admin Department 2 Personal Services 3 Full Time Salaries & Wages 477,250$ 486,795 496,531 506,462 516,591 526,923 537,461 548,210 559,174 570,358 581,765 4 Overtime 5,320$ 5,426 5,535 5,646 5,759 5,874 5,991 6,111 6,233 6,358 6,485 5 Life Ins $2500 Empl & Pens 70$ 71 73 74 76 77 79 80 82 84 85 6 1% Life Insurance-Employee 450$ 459 468 478 487 497 507 517 527 538 549 7 Samp Life Insurance 1,790$ 1,826 1,862 1,900 1,938 1,976 2,016 2,056 2,097 2,139 2,182 8 Major Medical Ins-Emp 61,040$ 62,261 63,506 64,776 66,072 67,393 68,741 70,116 71,518 72,948 74,407 9 Social Security-Employee 19,090$ 19,472 19,861 20,258 20,664 21,077 21,498 21,928 22,367 22,814 23,271 10 Emp Pension Plan 45,310$ 87,623 89,376 91,163 92,986 94,846 96,743 98,678 100,651 102,664 104,718 11 Workers Compensation 5,460$ 5,569 5,681 5,794 5,910 6,028 6,149 6,272 6,397 6,525 6,656 12 Disability Insurance 950$ 969 988 1,008 1,028 1,049 1,070 1,091 1,113 1,135 1,158 13 Total Personal Services 616,730$ 670,472 683,881 697,559 711,510 725,740 740,255 755,060 770,161 785,564 801,276 14 O&M Expenses 15 Professional Services 86,000$ 87,720 89,474 91,264 93,089 94,951 96,850 98,787 100,763 102,778 104,834 16 Other Contractual Serv 410$ 418 427 435 444 453 462 471 480 490 500 17 Postage 70$ 71 73 74 76 77 79 80 82 84 85 18 Interfd Other Serv Chgs 62,050$ 63,291 64,557 65,848 67,165 68,508 69,878 71,276 72,701 74,155 75,639 19 Interfd Admin Service Chg 95,530$ 97,441 99,389 101,377 103,405 105,473 107,582 109,734 111,929 114,167 116,451 20 Advertising 400$ 408 416 424 433 442 450 459 469 478 488 21 Other Promotion Activity 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 22 Printing & Binding 200$ 204 208 212 216 221 225 230 234 239 244 23 Equipt Rental 600$ 612 624 637 649 662 676 689 703 717 731 24 Other Equip Svc & Repair 6,870$ 7,007 7,148 7,290 7,436 7,585 7,737 7,891 8,049 8,210 8,374 25 Insurance 50$ 51 52 53 54 55 56 57 59 60 61 26 Ofc Equip Svc & Repair 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 27 R & R Structural Facil 1,120$ 1,142 1,165 1,189 1,212 1,237 1,261 1,287 1,312 1,339 1,365 28 Uniforms-Employee 7,400$ 7,548 7,699 7,853 8,010 8,170 8,334 8,500 8,670 8,844 9,021 29 Travel Expense-Emp 700$ 714 728 743 758 773 788 804 820 837 853 30 Mileage Reimbursement 200$ 204 208 212 216 221 225 230 234 239 244 31 Meals-Employee 150$ 153 156 159 162 166 169 172 176 179 183 32 Office Supplies 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 33 Operating Supplies & Matls 20,000$ 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 23,902 24,380 34 Medical Supplies 100$ 102 104 106 108 110 113 115 117 120 122 35 Memberships/Subs/Lic Emp 34,800$ 35,496 36,206 36,930 37,669 38,422 39,190 39,974 40,774 41,589 42,421 36 Officl Recognition-Emp 70$ 71 73 74 76 77 79 80 82 84 85 37 Training & Ref Employee 7,000$ 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 8,533 38 Telephone Service Variable 1,200$ 1,224 1,248 1,273 1,299 1,325 1,351 1,378 1,406 1,434 1,463 39 Radio Svc-Fixed 670$ 683 697 711 725 740 755 770 785 801 817 40 Telephone Svc Fixed 660$ 673 687 700 714 729 743 758 773 789 805 41 Postal Service 400$ 408 416 424 433 442 450 459 469 478 488 42 Risk Mgmt Service 1,840$ 1,877 1,914 1,953 1,992 2,032 2,072 2,114 2,156 2,199 2,243 43 Info Technology Charge 36,500$ 37,230 37,975 38,734 39,509 40,299 41,105 41,927 42,766 43,621 44,493 44 Employee Benefits-Fixed 1,480$ 1,510 1,540 1,571 1,602 1,634 1,667 1,700 1,734 1,769 1,804 45 Total O&M Expenses 371,470$ 378,899 386,477 394,207 402,091 410,133 418,336 426,702 435,236 443,941 452,820 46 TOTAL 1345 ADMIN DEPARTMENT 988,200$ 1,049,371 1,070,358 1,091,765 1,113,601 1,135,873 1,158,590 1,181,762 1,205,397 1,229,505 1,254,095 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 27 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 47 1346 WW Collection 48 Personal Services 49 Full Time Salaries & Wages 1,000,860$ 1,020,877 1,041,295 1,062,121 1,083,363 1,105,030 1,127,131 1,149,674 1,172,667 1,196,120 1,220,043 50 Overtime 40,420$ 41,228 42,053 42,894 43,752 44,627 45,519 46,430 47,358 48,306 49,272 51 Major Medical Ins-Emp 239,700$ 244,494 249,384 254,372 259,459 264,648 269,941 275,340 280,847 286,464 292,193 52 Social Security-Employee 14,380$ 14,668 14,961 15,260 15,565 15,877 16,194 16,518 16,848 17,185 17,529 53 Emp Pension Plan 174,820$ 183,758 187,433 191,182 195,005 198,905 202,884 206,941 211,080 215,302 219,608 54 Workers Compensation 38,770$ 39,545 40,336 41,143 41,966 42,805 43,661 44,535 45,425 46,334 47,260 55 CWA Life Insurance 4,570$ 4,661 4,755 4,850 4,947 5,046 5,147 5,249 5,354 5,462 5,571 56 Total Personal Services 1,513,520$ 1,549,232 1,580,217 1,611,821 1,644,057 1,676,938 1,710,477 1,744,687 1,779,580 1,815,172 1,851,476 57 O&M Expenses 58 Professional Services 40,000$ 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 47,804 48,760 59 Other Contractual Serv 14,500$ 14,790 15,086 15,388 15,695 16,009 16,329 16,656 16,989 17,329 17,675 60 Telephone-Util Chgs 6,500$ 6,630 6,763 6,898 7,036 7,177 7,320 7,466 7,616 7,768 7,923 61 Gas,Water & Sanitation Utl 10,000$ 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 12,190 62 Postage 200$ 204 208 212 216 221 225 230 234 239 244 63 Interfd Svc Chg-Other Fund 27,980$ 28,540 29,110 29,693 30,286 30,892 31,510 32,140 32,783 33,439 34,107 64 Interfd Other Serv Chgs 279,180$ 284,764 290,459 296,268 302,193 308,237 314,402 320,690 327,104 333,646 340,319 65 Interfd Admin Service Chg 327,530$ 334,081 340,762 347,577 354,529 361,620 368,852 376,229 383,754 391,429 399,257 66 Advertising 100$ 102 104 106 108 110 113 115 117 120 122 67 Other Promotion Activity 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 68 Printing & Binding 1,200$ 1,224 1,248 1,273 1,299 1,325 1,351 1,378 1,406 1,434 1,463 69 Dump Fee 1,600$ 1,632 1,665 1,698 1,732 1,767 1,802 1,838 1,875 1,912 1,950 70 Equipt Rental 4,000$ 4,080 4,162 4,245 4,330 4,416 4,505 4,595 4,687 4,780 4,876 71 Insurance 271,670$ 277,103 282,645 288,298 294,064 299,946 305,945 312,063 318,305 324,671 331,164 72 Other Equip Svc & Repair 10,500$ 10,710 10,924 11,143 11,366 11,593 11,825 12,061 12,302 12,548 12,799 73 Uniforms-Employee 8,160$ 8,323 8,490 8,659 8,833 9,009 9,189 9,373 9,561 9,752 9,947 74 Travel Expense-Emp 3,500$ 3,570 3,641 3,714 3,789 3,864 3,942 4,020 4,101 4,183 4,266 75 Mileage Reimbursement 250$ 255 260 265 271 276 282 287 293 299 305 76 Meals-Employee 150$ 153 156 159 162 166 169 172 176 179 183 77 Other Services Or Charges 400$ 408 416 424 433 442 450 459 469 478 488 78 Office Supplies 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 79 Operating Supplies & Matls 125,000$ 127,500 130,050 132,651 135,304 138,010 140,770 143,586 146,457 149,387 152,374 80 Medical Supplies 150$ 153 156 159 162 166 169 172 176 179 183 81 $750-5000 Mach & Equip 5,200$ 5,304 5,410 5,518 5,629 5,741 5,856 5,973 6,093 6,214 6,339 82 Memberships/Subs/Lic Emp 1,530$ 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 1,828 1,865 83 Officl Recognition-Emp 240$ 245 250 255 260 265 270 276 281 287 293 84 Training & Ref Employee 16,930$ 17,269 17,614 17,966 18,326 18,692 19,066 19,447 19,836 20,233 20,638 85 Garage Services 573,060$ 584,521 596,212 608,136 620,299 632,705 645,359 658,266 671,431 684,860 698,557 86 Telephone Service Variable 2,900$ 2,958 3,017 3,078 3,139 3,202 3,266 3,331 3,398 3,466 3,535 87 Radio Svc-Fixed 11,820$ 12,056 12,298 12,543 12,794 13,050 13,311 13,577 13,849 14,126 14,409 88 Telephone Svc Fixed 2,220$ 2,264 2,310 2,356 2,403 2,451 2,500 2,550 2,601 2,653 2,706 89 Postal Service 50$ 51 52 53 54 55 56 57 59 60 61 90 Risk Mgmt Service 6,320$ 6,446 6,575 6,707 6,841 6,978 7,117 7,260 7,405 7,553 7,704 91 Info Technology Charge 84,960$ 86,659 88,392 90,160 91,963 93,803 95,679 97,592 99,544 101,535 103,566 92 Garage Variable 8,500$ 8,670 8,843 9,020 9,201 9,385 9,572 9,764 9,959 10,158 10,361 93 Administrative Charge 575,430$ 586,939 598,677 610,651 622,864 635,321 648,028 660,988 674,208 687,692 701,446 94 Employee Benefits-Fixed 5,070$ 5,171 5,275 5,380 5,488 5,598 5,710 5,824 5,940 6,059 6,180 95 Total O&M Expenses 2,429,800$ 2,478,396 2,527,964 2,578,523 2,630,094 2,682,696 2,736,349 2,791,076 2,846,898 2,903,836 2,961,913 96 Capital Outlay 97 >$5,000 Machinery & Equip 17,800$ 18,156 18,519 18,890 19,267 19,653 20,046 20,447 20,856 21,273 21,698 98 Total Capital Outlay 17,800$ 18,156 18,519 18,890 19,267 19,653 20,046 20,447 20,856 21,273 21,698 99 TOTAL 1346 WW COLLECTION 3,961,120$ 4,045,784 4,126,700 4,209,234 4,293,418 4,379,287 4,466,872 4,556,210 4,647,334 4,740,281 4,835,086 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 28 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 100 1347 WW Main 101 Personal Services 102 Full Time Salaries & Wages 1,266,080$ 1,291,402 1,317,230 1,343,574 1,370,446 1,397,855 1,425,812 1,454,328 1,483,415 1,513,083 1,543,344 103 Overtime 84,890$ 86,588 88,320 90,086 91,888 93,725 95,600 97,512 99,462 101,451 103,480 104 Life Ins $2500 Empl & Pens 10$ 10 10 11 11 11 11 11 12 12 12 105 Samp Life Insurance 250$ 255 260 265 271 276 282 287 293 299 305 106 Major Medical Ins-Emp 288,650$ 294,423 300,311 306,318 312,444 318,693 325,067 331,568 338,199 344,963 351,863 107 Social Security-Employee 21,160$ 21,583 22,015 22,455 22,904 23,362 23,830 24,306 24,792 25,288 25,794 108 Emp Pension Plan 221,380$ 232,452 237,101 241,843 246,680 251,614 256,646 261,779 267,015 272,355 277,802 109 CWA Life Insurance 5,290$ 5,396 5,504 5,614 5,726 5,841 5,957 6,077 6,198 6,322 6,448 110 Total Personal Services 1,887,710$ 1,932,109 1,970,751 2,010,166 2,050,369 2,091,377 2,133,204 2,175,868 2,219,386 2,263,774 2,309,049 111 O&M Expenses 112 Professional Services 193,000$ 196,860 200,797 204,813 208,909 213,088 217,349 221,696 226,130 230,653 235,266 113 Other Contractual Serv 12,300$ 12,546 12,797 13,053 13,314 13,580 13,852 14,129 14,411 14,700 14,994 114 Elec-Util Charges 250,000$ 255,000 260,100 265,302 270,608 276,020 281,541 287,171 292,915 298,773 304,749 115 Gas,Water & Sanitation Utl 12,700$ 12,954 13,213 13,477 13,747 14,022 14,302 14,588 14,880 15,178 15,481 116 Postage 600$ 612 624 637 649 662 676 689 703 717 731 117 Interfd Svc Chg-Other Fund 2,240$ 2,285 2,330 2,377 2,425 2,473 2,523 2,573 2,625 2,677 2,731 118 Interfd Other Serv Chgs 257,110$ 262,252 267,497 272,847 278,304 283,870 289,548 295,339 301,245 307,270 313,416 119 Interfd Admin Service Chg 395,760$ 403,675 411,749 419,984 428,383 436,951 445,690 454,604 463,696 472,970 482,429 120 Advertising 100$ 102 104 106 108 110 113 115 117 120 122 121 Printing & Binding 100$ 102 104 106 108 110 113 115 117 120 122 122 Taxes 30$ 31 31 32 32 33 34 34 35 36 37 123 Equipt Rental 5,000$ 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 6,095 124 Uniform Rental -$ - - - - - - - - - - 125 Insurance 47,560$ 48,511 49,481 50,471 51,480 52,510 53,560 54,631 55,724 56,839 57,975 126 Other Equip Svc & Repair 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 127 Uniforms-Employee 9,860$ 10,057 10,258 10,464 10,673 10,886 11,104 11,326 11,553 11,784 12,019 128 Travel Expense-Emp 5,000$ 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 6,095 129 Mileage Reimbursement 400$ 408 416 424 433 442 450 459 469 478 488 130 Meals-Employee 400$ 408 416 424 433 442 450 459 469 478 488 131 Other Services Or Charges 600$ 612 624 637 649 662 676 689 703 717 731 132 Office Supplies 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 133 Operating Supplies & Matls 170,000$ 173,400 176,868 180,405 184,013 187,694 191,448 195,277 199,182 203,166 207,229 134 Lab Chem Supplies 18,000$ 18,360 18,727 19,102 19,484 19,873 20,271 20,676 21,090 21,512 21,942 135 Medical Supplies 100$ 102 104 106 108 110 113 115 117 120 122 136 $750-5000 Mach & Equip 9,100$ 9,282 9,468 9,657 9,850 10,047 10,248 10,453 10,662 10,875 11,093 137 Memberships/Subs/Lic Emp 2,100$ 2,142 2,185 2,229 2,273 2,319 2,365 2,412 2,460 2,510 2,560 138 Officl Recognition-Emp 290$ 296 302 308 314 320 327 333 340 347 354 139 Training & Ref Employee 25,160$ 25,663 26,176 26,700 27,234 27,779 28,334 28,901 29,479 30,069 30,670 140 Garage Services 197,490$ 201,440 205,469 209,578 213,770 218,045 222,406 226,854 231,391 236,019 240,739 141 Telephone Service Variable 4,950$ 5,049 5,150 5,253 5,358 5,465 5,575 5,686 5,800 5,916 6,034 142 Radio Svc-Fixed 17,060$ 17,401 17,749 18,104 18,466 18,836 19,212 19,597 19,989 20,388 20,796 143 Risk Mgmt Service 7,110$ 7,252 7,397 7,545 7,696 7,850 8,007 8,167 8,330 8,497 8,667 144 Info Technology Charge 89,750$ 91,545 93,376 95,243 97,148 99,091 101,073 103,095 105,156 107,260 109,405 145 Bldg & Maint Dept Svc Fx 6,770$ 6,905 7,044 7,184 7,328 7,475 7,624 7,777 7,932 8,091 8,253 146 Garage Variable 32,500$ 33,150 33,813 34,489 35,179 35,883 36,600 37,332 38,079 38,841 39,617 147 Bldg & Maint-Variable 500$ 510 520 531 541 552 563 574 586 598 609 148 Employee Benefits-Fixed 5,710$ 5,824 5,941 6,059 6,181 6,304 6,430 6,559 6,690 6,824 6,960 149 Total O&M Expenses 1,783,350$ 1,819,017 1,855,397 1,892,505 1,930,355 1,968,963 2,008,342 2,048,509 2,089,479 2,131,268 2,173,894 150 Capital Outlay 151 >$5,000 Machinery & Equip 13,500$ 13,770 14,045 14,326 14,613 14,905 15,203 15,507 15,817 16,134 16,456 152 Total Capital Outlay 13,500$ 13,770 14,045 14,326 14,613 14,905 15,203 15,507 15,817 16,134 16,456 153 TOTAL 1347 WW MAIN 3,684,560$ 3,764,896 3,840,194 3,916,998 3,995,338 4,075,244 4,156,749 4,239,884 4,324,682 4,411,176 4,499,399 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 29 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 154 1351 WPC Plant Ops 155 Personal Services 156 Full Time Salaries & Wages 2,021,040$ 2,061,461 2,102,690 2,144,744 2,187,639 2,231,391 2,276,019 2,321,540 2,367,970 2,415,330 2,463,636 157 Overtime 277,690$ 283,244 288,909 294,687 300,581 306,592 312,724 318,979 325,358 331,865 338,503 158 Life Ins $2500 Empl & Pens 20$ 20 21 21 22 22 23 23 23 24 24 159 Samp Life Insurance 580$ 592 603 616 628 640 653 666 680 693 707 160 Major Medical Ins-Emp 384,460$ 392,149 399,992 407,992 416,152 424,475 432,964 441,624 450,456 459,465 468,655 161 Social Security-Employee 38,220$ 38,984 39,764 40,559 41,371 42,198 43,042 43,903 44,781 45,676 46,590 162 Emp Pension Plan 353,960$ 371,063 378,484 386,054 393,775 401,650 409,683 417,877 426,235 434,759 443,455 163 Workers Compensation 25,580$ 26,092 26,613 27,146 27,689 28,242 28,807 29,383 29,971 30,570 31,182 164 Disability Insurance 420$ 428 437 446 455 464 473 482 492 502 512 165 CWA Life Insurance 7,920$ 8,078 8,240 8,405 8,573 8,744 8,919 9,098 9,280 9,465 9,654 166 Total Personal Services 3,109,890$ 3,182,112 3,245,754 3,310,669 3,376,882 3,444,420 3,513,308 3,583,574 3,655,246 3,728,351 3,802,918 167 O&M Expenses 168 Professional Services 507,000$ 517,140 527,483 538,032 548,793 559,769 570,964 582,384 594,031 605,912 618,030 169 Other Contractual Serv 978,900$ 998,478 1,018,448 1,038,817 1,059,593 1,080,785 1,102,400 1,124,448 1,146,937 1,169,876 1,193,274 170 Elec-Util Charges 2,650,000$ 2,703,000 2,757,060 2,812,201 2,868,445 2,925,814 2,984,330 3,044,017 3,104,897 3,166,995 3,230,335 171 Gas,Water & Sanitation Utl 250,000$ 255,000 260,100 265,302 270,608 276,020 281,541 287,171 292,915 298,773 304,749 172 Postage 16,000$ 16,320 16,646 16,979 17,319 17,665 18,019 18,379 18,747 19,121 19,504 173 Interfd Other Serv Chgs 372,350$ 379,797 387,393 395,141 403,044 411,104 419,327 427,713 436,267 444,993 453,893 174 Interfd Admin Service Chg 573,180$ 584,644 596,336 608,263 620,428 632,837 645,494 658,404 671,572 685,003 698,703 175 Advertising 1,500$ 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 1,828 176 Other Promotion Activity 500$ 510 520 531 541 552 563 574 586 598 609 177 Freight 400$ 408 416 424 433 442 450 459 469 478 488 178 Printing & Binding 300$ 306 312 318 325 331 338 345 351 359 366 179 Dump Fee 500$ 510 520 531 541 552 563 574 586 598 609 180 Taxes 45,000$ 45,900 46,818 47,754 48,709 49,684 50,677 51,691 52,725 53,779 54,855 181 Equipt Rental 40,000$ 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 47,804 48,760 182 Insurance 241,420$ 246,248 251,173 256,197 261,321 266,547 271,878 277,316 282,862 288,519 294,290 183 Ofc Equip Svc & Repair 250$ 255 260 265 271 276 282 287 293 299 305 184 Other Equip Svc & Repair 25,000$ 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 29,877 30,475 185 Bldg Repair Maint Svcs 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 186 Uniforms-Employee 14,280$ 14,566 14,857 15,154 15,457 15,766 16,082 16,403 16,731 17,066 17,407 187 Travel Expense-Emp 10,000$ 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 12,190 188 Mileage Reimbursement 2,600$ 2,652 2,705 2,759 2,814 2,871 2,928 2,987 3,046 3,107 3,169 189 Meals-Employee 6,000$ 6,120 6,242 6,367 6,495 6,624 6,757 6,892 7,030 7,171 7,314 190 Other Services Or Charges 1,500$ 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 1,828 191 Office Supplies 9,000$ 9,180 9,364 9,551 9,742 9,937 10,135 10,338 10,545 10,756 10,971 192 Operating Supplies & Matls 200,000$ 204,000 208,080 212,242 216,486 220,816 225,232 229,737 234,332 239,019 243,799 193 Lab Chem Supplies 2,250,000$ 2,295,000 2,340,900 2,387,718 2,435,472 2,484,182 2,533,865 2,584,543 2,636,234 2,688,958 2,742,737 194 Medical Supplies 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 195 $750-5000 Mach & Equip 20,900$ 21,318 21,744 22,179 22,623 23,075 23,537 24,008 24,488 24,977 25,477 196 Memberships/Subs/Lic Emp 9,940$ 10,139 10,342 10,548 10,759 10,975 11,194 11,418 11,646 11,879 12,117 197 Officl Recognition-Emp 400$ 408 416 424 433 442 450 459 469 478 488 198 Training & Ref Employee 13,700$ 13,974 14,253 14,539 14,829 15,126 15,428 15,737 16,052 16,373 16,700 199 Garage Services 170,450$ 173,859 177,336 180,883 184,501 188,191 191,954 195,793 199,709 203,704 207,778 200 Telephone Service Variable 28,490$ 29,060 29,641 30,234 30,838 31,455 32,084 32,726 33,381 34,048 34,729 201 Messenger Service 780$ 796 812 828 844 861 878 896 914 932 951 202 Radio Svc-Fixed 11,150$ 11,373 11,600 11,832 12,069 12,311 12,557 12,808 13,064 13,325 13,592 203 Telephone Svc Fixed 4,300$ 4,386 4,474 4,563 4,654 4,748 4,842 4,939 5,038 5,139 5,242 204 Postal Service 600$ 612 624 637 649 662 676 689 703 717 731 205 Risk Mgmt Service 10,530$ 10,741 10,955 11,175 11,398 11,626 11,858 12,096 12,338 12,584 12,836 206 Info Technology Charge 133,750$ 136,425 139,154 141,937 144,775 147,671 150,624 153,637 156,709 159,844 163,041 207 Bldg & Maint Dept Svc Fx 306,620$ 312,752 319,007 325,388 331,895 338,533 345,304 352,210 359,254 366,439 373,768 208 Custodial Service 22,030$ 22,471 22,920 23,378 23,846 24,323 24,809 25,306 25,812 26,328 26,854 209 Garage Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 210 Bldg & Maint-Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 211 Employee Benefits-Fixed 8,460$ 8,629 8,802 8,978 9,157 9,341 9,527 9,718 9,912 10,110 10,313 212 Total O&M Expenses 8,943,780$ 9,122,656 9,305,109 9,491,211 9,681,035 9,874,656 10,072,149 10,273,592 10,479,064 10,688,645 10,902,418 213 TOTAL 1351 WPC PLANT OPS 12,053,670$ 12,304,767 12,550,862 12,801,880 13,057,917 13,319,076 13,585,457 13,857,166 14,134,310 14,416,996 14,705,336 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 30 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 214 1352 WPC Lab 215 Personal Services 216 Full Time Salaries & Wages 421,440$ 429,869 438,466 447,235 456,180 465,304 474,610 484,102 493,784 503,660 513,733 217 Life Ins $2500 Empl & Pens 90$ 92 94 96 97 99 101 103 105 108 110 218 Samp Life Insurance 1,610$ 1,642 1,675 1,709 1,743 1,778 1,813 1,849 1,886 1,924 1,963 219 Major Medical Ins-Emp 88,420$ 90,188 91,992 93,832 95,709 97,623 99,575 101,567 103,598 105,670 107,783 220 Social Security-Employee 10,300$ 10,506 10,716 10,930 11,149 11,372 11,599 11,831 12,068 12,309 12,556 221 Emp Pension Plan 58,700$ 77,376 78,924 80,502 82,112 83,755 85,430 87,138 88,881 90,659 92,472 222 Workers Compensation 4,050$ 4,131 4,214 4,298 4,384 4,472 4,561 4,652 4,745 4,840 4,937 223 Disability Insurance 360$ 367 375 382 390 397 405 414 422 430 439 224 Total Personal Services 584,970$ 614,172 626,455 638,984 651,764 664,799 678,095 691,657 705,490 719,600 733,992 225 O&M Expenses 226 Professional Services 30,000$ 30,600 31,212 31,836 32,473 33,122 33,785 34,461 35,150 35,853 36,570 227 Other Contractual Serv 183,500$ 187,170 190,913 194,732 198,626 202,599 206,651 210,784 214,999 219,299 223,685 228 Gas,Water & Sanitation Utl 42,000$ 42,840 43,697 44,571 45,462 46,371 47,299 48,245 49,210 50,194 51,198 229 Postage 100$ 102 104 106 108 110 113 115 117 120 122 230 Interfd Other Serv Chgs 79,790$ 81,386 83,014 84,674 86,367 88,095 89,856 91,654 93,487 95,356 97,264 231 Interfd Admin Service Chg 122,820$ 125,276 127,782 130,338 132,944 135,603 138,315 141,082 143,903 146,781 149,717 232 Printing & Binding 100$ 102 104 106 108 110 113 115 117 120 122 233 Taxes 4,700$ 4,794 4,890 4,988 5,087 5,189 5,293 5,399 5,507 5,617 5,729 234 Equipt Rental 4,620$ 4,712 4,807 4,903 5,001 5,101 5,203 5,307 5,413 5,521 5,632 235 Insurance 1,880$ 1,918 1,956 1,995 2,035 2,076 2,117 2,160 2,203 2,247 2,292 236 Other Equip Svc & Repair 6,000$ 6,120 6,242 6,367 6,495 6,624 6,757 6,892 7,030 7,171 7,314 237 Uniforms-Employee 3,060$ 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 3,730 238 Travel Expense-Emp 7,000$ 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 8,533 239 Mileage Reimbursement 700$ 714 728 743 758 773 788 804 820 837 853 240 Meals-Employee 300$ 306 312 318 325 331 338 345 351 359 366 241 Other Services Or Charges 200$ 204 208 212 216 221 225 230 234 239 244 242 Office Supplies 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 243 Operating Supplies & Matls 6,000$ 6,120 6,242 6,367 6,495 6,624 6,757 6,892 7,030 7,171 7,314 244 Lab Chem Supplies 125,000$ 127,500 130,050 132,651 135,304 138,010 140,770 143,586 146,457 149,387 152,374 245 Memberships/Subs/Lic Emp 400$ 408 416 424 433 442 450 459 469 478 488 246 Officl Recognition-Emp 90$ 92 94 96 97 99 101 103 105 108 110 247 Training & Ref Employee 17,700$ 18,054 18,415 18,783 19,159 19,542 19,933 20,332 20,738 21,153 21,576 248 Garage Services 6,490$ 6,620 6,752 6,887 7,025 7,165 7,309 7,455 7,604 7,756 7,911 249 Telephone Service Variable 650$ 663 676 690 704 718 732 747 762 777 792 250 Risk Mgmt Service 2,110$ 2,152 2,195 2,239 2,284 2,330 2,376 2,424 2,472 2,522 2,572 251 Info Technology Charge 44,290$ 45,176 46,079 47,001 47,941 48,900 49,878 50,875 51,893 52,931 53,989 252 Bldg & Maint Dept Svc Fx 41,720$ 42,554 43,405 44,274 45,159 46,062 46,983 47,923 48,882 49,859 50,856 253 Custodial Service 8,430$ 8,599 8,771 8,946 9,125 9,307 9,494 9,683 9,877 10,075 10,276 254 Garage Variable 500$ 510 520 531 541 552 563 574 586 598 609 255 Bldg & Maint-Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 256 Employee Benefits-Fixed 1,690$ 1,724 1,758 1,793 1,829 1,866 1,903 1,941 1,980 2,020 2,060 257 Total O&M Expenses 744,840$ 759,737 774,932 790,430 806,239 822,364 838,811 855,587 872,699 890,153 907,956 258 TOTAL 1352 WPC LAB 1,329,810$ 1,373,909 1,401,387 1,429,414 1,458,003 1,487,163 1,516,906 1,547,244 1,578,189 1,609,753 1,641,948 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 31 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 259 1353 Indust Pretreat 260 Personal Services 261 Full Time Salaries & Wages 270,410$ 275,818 281,335 286,961 292,700 298,554 304,526 310,616 316,828 323,165 329,628 262 Overtime 15,490$ 15,800 16,116 16,438 16,767 17,102 17,444 17,793 18,149 18,512 18,882 263 Life Ins $2500 Empl & Pens 10$ 10 10 11 11 11 11 11 12 12 12 264 1% Life Insurance-Employee 720$ 734 749 764 779 795 811 827 844 860 878 265 Samp Life Insurance 280$ 286 291 297 303 309 315 322 328 335 341 266 Major Medical Ins-Emp 73,190$ 74,654 76,147 77,670 79,223 80,808 82,424 84,072 85,754 87,469 89,218 267 Social Security-Employee 4,140$ 4,223 4,307 4,393 4,481 4,571 4,662 4,756 4,851 4,948 5,047 268 Emp Pension Plan 48,340$ 49,647 50,640 51,653 52,686 53,740 54,815 55,911 57,029 58,170 59,333 269 Workers Compensation 3,100$ 3,162 3,225 3,290 3,356 3,423 3,491 3,561 3,632 3,705 3,779 270 CWA Life Insurance 960$ 979 999 1,019 1,039 1,060 1,081 1,103 1,125 1,147 1,170 271 Total Personal Services 416,640$ 425,313 433,820 442,496 451,346 460,373 469,580 478,972 488,551 498,322 508,289 272 O&M Expenses 273 Professional Services 25,000$ 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 29,877 30,475 274 Other Contractual Serv 67,750$ 69,105 70,487 71,897 73,335 74,801 76,298 77,823 79,380 80,968 82,587 275 Postage 400$ 408 416 424 433 442 450 459 469 478 488 276 Interfd Other Serv Chgs 53,200$ 54,264 55,349 56,456 57,585 58,737 59,912 61,110 62,332 63,579 64,851 277 Interfd Admin Service Chg 81,880$ 83,518 85,188 86,892 88,630 90,402 92,210 94,054 95,935 97,854 99,811 278 Advertising 800$ 816 832 849 866 883 901 919 937 956 975 279 Other Promotion Activity 40,000$ 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 47,804 48,760 280 Printing & Binding 300$ 306 312 318 325 331 338 345 351 359 366 281 Equipt Rental 1,200$ 1,224 1,248 1,273 1,299 1,325 1,351 1,378 1,406 1,434 1,463 282 Insurance 1,890$ 1,928 1,966 2,006 2,046 2,087 2,128 2,171 2,214 2,259 2,304 283 Other Equip Svc & Repair 1,600$ 1,632 1,665 1,698 1,732 1,767 1,802 1,838 1,875 1,912 1,950 284 Uniforms-Employee 2,150$ 2,193 2,237 2,282 2,327 2,374 2,421 2,470 2,519 2,569 2,621 285 Travel Expense-Emp 4,940$ 5,039 5,140 5,242 5,347 5,454 5,563 5,675 5,788 5,904 6,022 286 Mileage Reimbursement 520$ 530 541 552 563 574 586 597 609 621 634 287 Meals-Employee 120$ 122 125 127 130 132 135 138 141 143 146 288 Other Services Or Charges 200$ 204 208 212 216 221 225 230 234 239 244 289 Office Supplies 1,250$ 1,275 1,301 1,327 1,353 1,380 1,408 1,436 1,465 1,494 1,524 290 Operating Supplies & Matls 13,250$ 13,515 13,785 14,061 14,342 14,629 14,922 15,220 15,524 15,835 16,152 291 Lab Chem Supplies 1,300$ 1,326 1,353 1,380 1,407 1,435 1,464 1,493 1,523 1,554 1,585 292 Memberships/Subs/Lic Emp 960$ 979 999 1,019 1,039 1,060 1,081 1,103 1,125 1,147 1,170 293 Officl Recognition-Emp 60$ 61 62 64 65 66 68 69 70 72 73 294 Training & Ref Employee 6,350$ 6,477 6,607 6,739 6,873 7,011 7,151 7,294 7,440 7,589 7,741 295 Garage Services 16,190$ 16,514 16,844 17,181 17,525 17,875 18,233 18,597 18,969 19,349 19,736 296 Telephone Service Variable 1,300$ 1,326 1,353 1,380 1,407 1,435 1,464 1,493 1,523 1,554 1,585 297 Radio Svc-Fixed 2,620$ 2,672 2,726 2,780 2,836 2,893 2,951 3,010 3,070 3,131 3,194 298 Postal Service 900$ 918 936 955 974 994 1,014 1,034 1,054 1,076 1,097 299 Risk Mgmt Service 1,580$ 1,612 1,644 1,677 1,710 1,744 1,779 1,815 1,851 1,888 1,926 300 Info Technology Charge 46,970$ 47,909 48,868 49,845 50,842 51,859 52,896 53,954 55,033 56,133 57,256 301 Garage Variable 500$ 510 520 531 541 552 563 574 586 598 609 302 Bldg & Maint-Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 303 Employee Benefits-Fixed 1,270$ 1,295 1,321 1,348 1,375 1,402 1,430 1,459 1,488 1,518 1,548 304 Total O&M Expenses 377,450$ 384,999 392,699 400,553 408,564 416,735 425,070 433,571 442,243 451,088 460,109 305 TOTAL 1353 INDUST PRETREAT 794,090$ 810,312 826,519 843,049 859,910 877,108 894,650 912,543 930,794 949,410 968,398 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 32 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 306 2051 Water Distrib 307 Personal Services 308 Full Time Salaries & Wages 1,577,890$ 1,609,448 1,641,637 1,674,469 1,707,959 1,742,118 1,776,960 1,812,500 1,848,750 1,885,725 1,923,439 309 Overtime 83,690$ 85,364 87,071 88,812 90,589 92,401 94,249 96,134 98,056 100,017 102,018 310 Life Ins $2500 Empl & Pens 20$ 20 21 21 22 22 23 23 23 24 24 311 1% Life Insurance-Employee 700$ 714 728 743 758 773 788 804 820 837 853 312 Samp Life Insurance 580$ 592 603 616 628 640 653 666 680 693 707 313 Major Medical Ins-Emp 350,170$ 357,173 364,317 371,603 379,035 386,616 394,348 402,235 410,280 418,486 426,855 314 Social Security-Employee 24,610$ 25,102 25,604 26,116 26,639 27,171 27,715 28,269 28,835 29,411 29,999 315 Emp Pension Plan 264,890$ 289,701 295,495 301,405 307,433 313,581 319,853 326,250 332,775 339,430 346,219 316 Workers Compensation 24,720$ 25,214 25,719 26,233 26,758 27,293 27,839 28,396 28,963 29,543 30,134 317 Disability Insurance 260$ 265 271 276 281 287 293 299 305 311 317 318 CWA Life Insurance 6,750$ 6,885 7,023 7,163 7,306 7,453 7,602 7,754 7,909 8,067 8,228 319 Total Personal Services 2,334,280$ 2,400,478 2,448,488 2,497,458 2,547,407 2,598,355 2,650,322 2,703,329 2,757,395 2,812,543 2,868,794 320 O&M Expenses 321 Professional Services 81,000$ 82,620 84,272 85,958 87,677 89,431 91,219 93,044 94,904 96,802 98,739 322 Other Contractual Serv 4,750$ 4,845 4,942 5,041 5,142 5,244 5,349 5,456 5,565 5,677 5,790 323 Telephone-Util Chgs 4,500$ 4,590 4,682 4,775 4,871 4,968 5,068 5,169 5,272 5,378 5,485 324 Postage 300$ 306 312 318 325 331 338 345 351 359 366 325 Interfd Svc Chg-Other Fund 74,990$ 76,490 78,020 79,580 81,172 82,795 84,451 86,140 87,863 89,620 91,412 326 Interfd Other Serv Chgs 432,370$ 441,017 449,838 458,835 468,011 477,371 486,919 496,657 506,590 516,722 527,057 327 Interfd Admin Service Chg 504,940$ 515,039 525,340 535,846 546,563 557,495 568,644 580,017 591,618 603,450 615,519 328 Advertising 150$ 153 156 159 162 166 169 172 176 179 183 329 Other Promotion Activity 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 330 Printing & Binding 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 331 Taxes 500$ 510 520 531 541 552 563 574 586 598 609 332 Equipt Rental 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 333 Insurance 171,770$ 175,205 178,710 182,284 185,929 189,648 193,441 197,310 201,256 205,281 209,387 334 Other Equip Svc & Repair 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 335 Uniforms-Employee 12,580$ 12,832 13,088 13,350 13,617 13,889 14,167 14,450 14,739 15,034 15,335 336 Travel Expense-Emp 13,550$ 13,821 14,097 14,379 14,667 14,960 15,260 15,565 15,876 16,194 16,517 337 Mileage Reimbursement 500$ 510 520 531 541 552 563 574 586 598 609 338 Meals-Employee 400$ 408 416 424 433 442 450 459 469 478 488 339 Other Services Or Charges 400$ 408 416 424 433 442 450 459 469 478 488 340 Office Supplies 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 341 Operating Supplies & Matls 350,000$ 357,000 364,140 371,423 378,851 386,428 394,157 402,040 410,081 418,282 426,648 342 Medical Supplies 800$ 816 832 849 866 883 901 919 937 956 975 343 $750-5000 Mach & Equip 8,000$ 8,160 8,323 8,490 8,659 8,833 9,009 9,189 9,373 9,561 9,752 344 Memberships/Subs/Lic Emp 7,870$ 8,027 8,188 8,352 8,519 8,689 8,863 9,040 9,221 9,405 9,593 345 Officl Recognition-Emp 360$ 367 375 382 390 397 405 414 422 430 439 346 Training & Ref Employee 24,020$ 24,500 24,990 25,490 26,000 26,520 27,050 27,591 28,143 28,706 29,280 347 Garage Services 441,620$ 450,452 459,461 468,651 478,024 487,584 497,336 507,283 517,428 527,777 538,332 348 Telephone Service Variable 4,460$ 4,549 4,640 4,733 4,828 4,924 5,023 5,123 5,226 5,330 5,437 349 Messenger Service 780$ 796 812 828 844 861 878 896 914 932 951 350 Radio Svc-Fixed 8,910$ 9,088 9,270 9,455 9,644 9,837 10,034 10,235 10,439 10,648 10,861 351 Telephone Svc Fixed 3,490$ 3,560 3,631 3,704 3,778 3,853 3,930 4,009 4,089 4,171 4,254 352 Postal Service 200$ 204 208 212 216 221 225 230 234 239 244 353 Risk Mgmt Service 9,480$ 9,670 9,863 10,060 10,261 10,467 10,676 10,890 11,107 11,329 11,556 354 Info Technology Charge 145,460$ 148,369 151,337 154,363 157,451 160,600 163,812 167,088 170,430 173,838 177,315 355 Garage Variable 13,000$ 13,260 13,525 13,796 14,072 14,353 14,640 14,933 15,232 15,536 15,847 356 Bldg & Maint-Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 357 Administrative Charge 896,990$ 914,930 933,228 951,893 970,931 990,349 1,010,156 1,030,360 1,050,967 1,071,986 1,093,426 358 Employee Benefits-Fixed 7,610$ 7,762 7,917 8,076 8,237 8,402 8,570 8,741 8,916 9,095 9,277 359 Total O&M Expenses 3,238,750$ 3,303,525 3,369,596 3,436,987 3,505,727 3,575,842 3,647,359 3,720,306 3,794,712 3,870,606 3,948,018 360 TOTAL 2051 WATER DISTRIB 5,573,030$ 5,704,003 5,818,083 5,934,445 6,053,134 6,174,197 6,297,681 6,423,634 6,552,107 6,683,149 6,816,812 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 33 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 361 2053 Water Supply 362 Personal Services 363 Full Time Salaries & Wages 875,660$ 893,173 911,037 929,257 947,843 966,799 986,135 1,005,858 1,025,975 1,046,495 1,067,425 364 Overtime 31,920$ 32,558 33,210 33,874 34,551 35,242 35,947 36,666 37,399 38,147 38,910 365 Life Ins $2500 Empl & Pens 10$ 10 10 11 11 11 11 11 12 12 12 366 Samp Life Insurance 280$ 286 291 297 303 309 315 322 328 335 341 367 Major Medical Ins-Emp 184,050$ 187,731 191,486 195,315 199,222 203,206 207,270 211,416 215,644 219,957 224,356 368 Social Security-Employee 13,150$ 13,413 13,681 13,955 14,234 14,519 14,809 15,105 15,407 15,715 16,030 369 Emp Pension Plan 145,270$ 160,771 163,987 167,266 170,612 174,024 177,504 181,054 184,676 188,369 192,136 370 Workers Compensation 10,320$ 10,526 10,737 10,952 11,171 11,394 11,622 11,854 12,092 12,333 12,580 371 CWA Life Insurance 3,890$ 3,968 4,047 4,128 4,211 4,295 4,381 4,468 4,558 4,649 4,742 372 Total Personal Services 1,264,550$ 1,302,437 1,328,486 1,355,055 1,382,156 1,409,799 1,437,995 1,466,755 1,496,090 1,526,012 1,556,533 373 O&M Expenses 374 Professional Services 210,000$ 214,200 218,484 222,854 227,311 231,857 236,494 241,224 246,048 250,969 255,989 375 Other Contractual Serv 98,750$ 100,725 102,740 104,794 106,890 109,028 111,209 113,433 115,701 118,015 120,376 376 Elec-Util Charges 2,677,530$ 2,731,081 2,785,702 2,841,416 2,898,245 2,956,209 3,015,334 3,075,640 3,137,153 3,199,896 3,263,894 377 Gas,Water & Sanitation Utl 24,000$ 24,480 24,970 25,469 25,978 26,498 27,028 27,568 28,120 28,682 29,256 378 Postage 100$ 102 104 106 108 110 113 115 117 120 122 379 Interfd Svc Chg-Other Fund 6,720$ 6,854 6,991 7,131 7,274 7,419 7,568 7,719 7,874 8,031 8,192 380 Interfd Other Serv Chgs 186,180$ 189,904 193,702 197,576 201,527 205,558 209,669 213,862 218,140 222,502 226,952 381 Interfd Admin Service Chg 286,590$ 292,322 298,168 304,132 310,214 316,419 322,747 329,202 335,786 342,502 349,352 382 Advertising 200$ 204 208 212 216 221 225 230 234 239 244 383 Other Promotion Activity 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 384 Freight 500$ 510 520 531 541 552 563 574 586 598 609 385 Printing & Binding 1,500$ 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 1,828 386 Dump Fee 500$ 510 520 531 541 552 563 574 586 598 609 387 Taxes 7,000$ 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 8,533 388 Equipt Rental 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 389 Insurance 46,920$ 47,858 48,816 49,792 50,788 51,803 52,840 53,896 54,974 56,074 57,195 390 Ofc Equip Svc & Repair 100$ 102 104 106 108 110 113 115 117 120 122 391 Other Equip Svc & Repair 104,200$ 106,284 108,410 110,578 112,789 115,045 117,346 119,693 122,087 124,529 127,019 392 Uniforms-Employee 7,140$ 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 8,533 8,704 393 Travel Expense-Emp 7,000$ 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 8,533 394 Mileage Reimbursement 100$ 102 104 106 108 110 113 115 117 120 122 395 Meals-Employee 100$ 102 104 106 108 110 113 115 117 120 122 396 Office Supplies 3,000$ 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 397 Operating Supplies & Matls 1,445,850$ 1,474,767 1,504,262 1,534,348 1,565,035 1,596,335 1,628,262 1,660,827 1,694,044 1,727,925 1,762,483 398 Lab Chem Supplies 2,601,110$ 2,653,132 2,706,195 2,760,319 2,815,525 2,871,836 2,929,272 2,987,858 3,047,615 3,108,567 3,170,739 399 Medical Supplies 200$ 204 208 212 216 221 225 230 234 239 244 400 Memberships/Subs/Lic Emp 770$ 785 801 817 833 850 867 884 902 920 939 401 Officl Recognition-Emp 190$ 194 198 202 206 210 214 218 223 227 232 402 Training & Ref Employee 6,790$ 6,926 7,064 7,206 7,350 7,497 7,647 7,800 7,956 8,115 8,277 403 Garage Services 105,060$ 107,161 109,304 111,491 113,720 115,995 118,315 120,681 123,095 125,556 128,068 404 Telephone Service Variable 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 405 Radio Svc-Fixed 1,310$ 1,336 1,363 1,390 1,418 1,446 1,475 1,505 1,535 1,566 1,597 406 Telephone Svc Fixed 320$ 326 333 340 346 353 360 368 375 382 390 407 Postal Service 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 408 Risk Mgmt Service 5,000$ 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 6,095 409 Info Technology Charge 97,670$ 99,623 101,616 103,648 105,721 107,836 109,992 112,192 114,436 116,725 119,059 410 Bldg & Maint Dept Svc Fx 123,350$ 125,817 128,333 130,900 133,518 136,188 138,912 141,690 144,524 147,415 150,363 411 Custodial Service 8,510$ 8,680 8,854 9,031 9,211 9,396 9,584 9,775 9,971 10,170 10,374 412 Garage Variable 2,000$ 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 2,438 413 Bldg & Maint-Variable 500$ 510 520 531 541 552 563 574 586 598 609 414 Employee Benefits-Fixed 4,020$ 4,100 4,182 4,266 4,351 4,438 4,527 4,618 4,710 4,804 4,900 415 Total O&M Expenses 8,078,780$ 8,240,356 8,405,163 8,573,266 8,744,731 8,919,626 9,098,018 9,279,979 9,465,578 9,654,890 9,847,988 416 Capital Outlay 417 Contribution to Garge Fund 25,000$ 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 29,877 30,475 418 Total Capital Outlay 25,000$ 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 29,877 30,475 419 TOTAL 2053 WATER SUPPLY 9,368,330$ 9,568,292 9,759,658 9,954,851 10,153,948 10,357,027 10,564,168 10,775,451 10,990,960 11,210,780 11,434,995 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 34 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 420 2054 Reclaimed 421 Personal Services 422 Full Time Salaries & Wages 723,380$ 737,848 752,605 767,657 783,010 798,670 814,643 830,936 847,555 864,506 881,796 423 Overtime 54,190$ 55,274 56,379 57,507 58,657 59,830 61,027 62,247 63,492 64,762 66,057 424 Life Ins $2500 Empl & Pens 10$ 10 10 11 11 11 11 11 12 12 12 425 Samp Life Insurance 270$ 275 281 287 292 298 304 310 316 323 329 426 Major Medical Ins-Emp 166,120$ 169,442 172,831 176,288 179,814 183,410 187,078 190,820 194,636 198,529 202,499 427 Social Security-Employee 10,260$ 10,465 10,675 10,888 11,106 11,328 11,554 11,786 12,021 12,262 12,507 428 Emp Pension Plan 127,480$ 132,813 135,469 138,178 140,942 143,761 146,636 149,569 152,560 155,611 158,723 429 Workers Compensation 16,110$ 16,432 16,761 17,096 17,438 17,787 18,142 18,505 18,875 19,253 19,638 430 CWA Life Insurance 3,210$ 3,274 3,340 3,406 3,475 3,544 3,615 3,687 3,761 3,836 3,913 431 Total Personal Services 1,101,030$ 1,125,834 1,148,350 1,171,317 1,194,744 1,218,638 1,243,011 1,267,871 1,293,229 1,319,093 1,345,475 432 O&M Expenses 433 Professional Services 38,000$ 38,760 39,535 40,326 41,132 41,955 42,794 43,650 44,523 45,414 46,322 434 Postage 100$ 102 104 106 108 110 113 115 117 120 122 435 Interfd Other Serv Chgs 150,720$ 153,734 156,809 159,945 163,144 166,407 169,735 173,130 176,593 180,124 183,727 436 Interfd Admin Service Chg 232,000$ 236,640 241,373 246,200 251,124 256,147 261,270 266,495 271,825 277,261 282,807 437 Other Promotion Activity 50,000$ 51,000 52,020 53,060 54,122 55,204 56,308 57,434 58,583 59,755 60,950 438 Printing & Binding 800$ 816 832 849 866 883 901 919 937 956 975 439 Insurance 17,850$ 18,207 18,571 18,943 19,321 19,708 20,102 20,504 20,914 21,332 21,759 440 Uniforms-Employee 5,780$ 5,896 6,014 6,134 6,256 6,382 6,509 6,639 6,772 6,908 7,046 441 Travel Expense-Emp 4,450$ 4,539 4,630 4,722 4,817 4,913 5,011 5,112 5,214 5,318 5,425 442 Mileage Reimbursement 300$ 306 312 318 325 331 338 345 351 359 366 443 Meals-Employee 200$ 204 208 212 216 221 225 230 234 239 244 444 Other Services Or Charges 500$ 510 520 531 541 552 563 574 586 598 609 445 Office Supplies 1,200$ 1,224 1,248 1,273 1,299 1,325 1,351 1,378 1,406 1,434 1,463 446 Operating Supplies & Matls 30,000$ 30,600 31,212 31,836 32,473 33,122 33,785 34,461 35,150 35,853 36,570 447 Medical Supplies 250$ 255 260 265 271 276 282 287 293 299 305 448 $750-5000 Mach & Equip 9,200$ 9,384 9,572 9,763 9,958 10,158 10,361 10,568 10,779 10,995 11,215 449 Memberships/Subs/Lic Emp 1,450$ 1,479 1,509 1,539 1,570 1,601 1,633 1,666 1,699 1,733 1,768 450 Officl Recognition-Emp 170$ 173 177 180 184 188 191 195 199 203 207 451 Training & Ref Employee 19,550$ 19,941 20,340 20,747 21,162 21,585 22,016 22,457 22,906 23,364 23,831 452 Garage Services 130,220$ 132,824 135,481 138,191 140,954 143,773 146,649 149,582 152,573 155,625 158,737 453 Telephone Service Variable 3,300$ 3,366 3,433 3,502 3,572 3,643 3,716 3,791 3,866 3,944 4,023 454 Radio Svc-Fixed 8,530$ 8,701 8,875 9,052 9,233 9,418 9,606 9,798 9,994 10,194 10,398 455 Telephone Svc Fixed 440$ 449 458 467 476 486 496 505 516 526 536 456 Risk Mgmt Service 4,470$ 4,559 4,651 4,744 4,838 4,935 5,034 5,135 5,237 5,342 5,449 457 Info Technology Charge 77,450$ 78,999 80,579 82,191 83,834 85,511 87,221 88,966 90,745 92,560 94,411 458 Garage Variable 1,000$ 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 1,219 459 Administrative Charge 220,020$ 224,420 228,909 233,487 238,157 242,920 247,778 252,734 257,788 262,944 268,203 460 Employee Benefits-Fixed 3,590$ 3,662 3,735 3,810 3,886 3,964 4,043 4,124 4,206 4,290 4,376 461 Total O&M Expenses 1,011,540$ 1,031,771 1,052,406 1,073,454 1,094,923 1,116,822 1,139,158 1,161,942 1,185,180 1,208,884 1,233,062 462 Capital Outlay 463 >$5,000 Machinery & Equip 42,500$ 43,350 44,217 45,101 46,003 46,923 47,862 48,819 49,796 50,791 51,807 464 Total Capital Outlay 42,500$ 43,350 44,217 45,101 46,003 46,923 47,862 48,819 49,796 50,791 51,807 465 TOTAL 2054 RECLAIMED 2,155,070$ 2,200,954 2,244,973 2,289,873 2,335,670 2,382,384 2,430,031 2,478,632 2,528,205 2,578,769 2,630,344 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 35 City of Clearwater Final Report FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 6 –Projection of Cash Outflows APPENDIX 36 City of Clearwater Final Report FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Additional Incremental O&M APPENDIX 37 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 Water System CIP O&M Impacts 2 Reverse Osmosis Plant Expansion - Reservoir #1 (1),(4),(8) 3 Reverse Osmosis Plant @ Reservoir #2 (1),(3),(4),(8)-$ - - - - - - - - - - 5 Groundwater Replenishment Facility (1), (3), (4), (8)-$ - - 842,450 1,761,370 1,834,971 1,912,149 1,993,070 2,032,931 2,073,590 2,115,062 6 Additional Treatment WTP #3 -$ - - 245,000 504,700 519,840 535,440 551,500 562,530 573,781 585,257 7 Sewer System CIP O&M Impacts 8 WWTP UV Disinfection (1) (4)-$ - 193,090 404,750 424,220 893,680 920,490 948,100 967,062 986,403 1,006,131 9 WET NNC Rule Complance (1) (3)-$ - - 308,840 717,900 1,026,750 1,047,285 1,068,231 1,089,595 1,111,387 1,133,615 10 Trailer Mounted Biosolids Centrifuge -$ - 150,520 150,520 150,520 150,520 153,530 156,601 159,733 162,928 166,186 11 Maintenance Vehicles (3)234,762$ 209,494 214,368 219,388 224,559 229,885 234,483 239,173 243,956 248,835 253,812 12 Other Incremental O&M*-$ 200,000 204,000 208,080 212,242 216,486 220,816 225,232 229,737 234,332 239,019 13 Engineer (Addl)**-$ 100,000 102,000 104,040 106,121 108,243 110,408 112,616 114,869 117,166 119,509 14 Uniform costs***-$ 60,000 61,200 62,424 63,672 64,946 66,245 67,570 68,921 70,300 71,706 15 TOTAL INCREMENTAL EXPENDITURES 234,762$ 569,494 925,178 2,545,493 4,165,304 5,045,322 5,200,847 5,362,093 5,469,335 5,578,722 5,690,296 * Reflects the addition of 2 new positions, a Safety Compliance and Traning Coordinator and a Maintenance Manager. ** Reflects the addition of 1 new Water & Sewer Engineer. *** Reflects additional costs related to renegotiation of uniform contracts. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 8 – FAMS-XL © Control Panel APPENDIX 38 City of Clearwater Final Report Note: Current Plan (blue bars) reflect results of FY 2016 Revenue Sufficiency Analysis (RSA) results and Last Plan (green bars) reflect results of FY 2015 RSA results. FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%FY 2021 FY 2026 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%20.21%44.56% 4.50%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%0.00%22.23%48.68% 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%PS FY17 ►100.0% 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%OMV FY17 ►100.0% 4.50%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%0.00%OMF FY17 ►100.0% 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%CIP Tfr $1.00 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%PILOT 5.5% 4.50%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%0.00% 2.19 2.31 1.87 1.88 1.98 1.95 1.96 2.02 1.91 1.95 1.98 2.47 2.06 1.94 1.64 1.91 1.80 1.82 1.76 1.80 1.74 N/A $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 100%100%100%100%100%100%100%100%100%100%100% 3 6 6 6 6 6 6 6 6 6 6 Water $27.31 $27.31 28.34 29.41 30.51 31.65 32.83 34.07 35.35 36.67 38.05 39.48 Sewer $35.68 $35.68 37.01 38.40 39.84 41.33 42.88 44.49 46.16 47.89 49.69 51.56 Reclaimed $31.09 $31.09 31.09 32.23 33.39 34.57 35.93 37.31 38.71 40.13 41.58 43.21 Average Bill (4,000 gals.)$94.08 96.44 100.04 103.74 107.55 111.64 115.87 120.22 124.69 129.32 134.25 $63.00 65.52 68.14 70.87 73.69 76.64 79.70 82.88 86.19 89.63 0.00 Check -$ FINANCIAL ANALYSIS AND MANAGEMENT SYSTEM (FAMS) SUMMARY Water Rate Increases Last Plan Cumulative Change Override ► Override ► Last Plan Last Plan Sewer Rate Increases Override ► Reclaimed Rate Increases Last Plan Last Plan CIP Execution % ► Operating Reserve Mo ► Rate Covenant CIP $ Redistribution ► 0 20 40 60 16 17 18 19 20 21 22 23 24 25 26Millions ($)Capital Spending Current Plan Last Plan 0 20 40 60 80 16 17 18 19 20 21 22 23 24 25 26Millions ($)Long-Term Borrowing Current Plan Last Plan SAVE CALC 0 20 40 60 80 100 16 17 18 19 20 21 22 23 24 25 26Millions ($)CIP Funding Debt Operating R&R Impact Fees 0 10 20 30 40 16 17 18 19 20 21 22 23 24 25 26Millions ($)Interim Financing Current Plan Last Plan ROLL 0 20 40 60 80 15 16 17 18 19 20 21 22 23 24 25 26Millions ($)Operating Fund Current Plan Last Plan Target 0 50 100 150 16 17 18 19 20 21 22 23 24 25 26Millions ($)Rev Vs. Exp Cash In Cash Out Cash Out Excl. CIP FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 9 – Pro Forma APPENDIX 39 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 Total Rate Revenue 2 Base Rate Revenue 72,249,062$ 72,348,137 74,860,233 77,461,324 80,154,616 82,943,431 85,831,211 88,821,523 91,918,068 95,124,680 98,445,331 3 Additional Revenue From Growth -$ 108,226 111,741 115,369 119,116 122,983 126,976 131,097 135,353 139,746 137,763 4 Other Revenue Adjustments -$ - - - - - - - - - - 5 Subtotal: Base Revenue With Growth 72,249,062$ 72,456,363 74,971,973 77,576,694 80,273,732 83,066,414 85,958,186 88,952,621 92,053,421 95,264,425 98,583,094 6 Weighted Average Rate Increase 0.00%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75%3.75% 7 Additional Rate Revenue From Rate Increase -$ 2,614,323 2,704,804 2,798,482 2,895,471 2,995,892 3,099,867 3,207,525 3,318,998 3,434,423 3,553,698 8 Price Elasticity Adjustment -$ (313,244) (322,098) (331,203) (340,566) (350,194) (360,095) (370,276) (380,745) (391,510) (402,505) 9 Total Rate Revenue 72,249,062$ 74,757,442 77,354,679 80,043,972 82,828,637 85,712,112 88,697,959 91,789,870 94,991,674 98,307,338 101,734,287 10 Plus: Other Operating Revenue (1)2,238,304$ 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 2,133,183 11 EQUALS: TOTAL OPERATING REVENUE 74,487,366$ 76,890,625 79,487,862 82,177,155 84,961,820 87,845,295 90,831,142 93,923,053 97,124,857 100,440,521 103,867,470 12 Less: Operating Expenses 13 Purchased Water Expenses (5,011,904)$ (4,287,346) (4,378,969) (2,262,711) (2,302,309) (2,342,599) (2,383,595) (2,425,308) (2,467,751) (2,510,936) (2,554,878) 14 O&M (40,386,936)$ (41,635,749) (42,855,506) (45,327,560) (47,862,999) (49,624,032) (50,750,900) (51,830,054) (52,892,048) (53,949,889) (55,028,887) 15 EQUALS: NET OPERATING INCOME 29,088,527$ 30,967,531$ 32,253,387$ 34,586,884$ 34,796,512$ 35,878,664$ 37,696,647$ 39,667,691$ 41,765,058$ 43,979,695$ 46,283,706$ 16 Plus: Non-Operating Income/(Expense) 17 Non-Operating Revenue -$ - - - - - - - - - - 18 Interest of Fund Balances Less Interest on Interim Financing 731,040$ 483,994 789,288 608,162 1,129,326 1,144,696 1,239,590 945,520 1,321,041 1,268,549 1,401,093 19 Impact Fees 72,922$ 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 36,461 20 Transfers In -$ - - - - - - - - - - 21 Equals: Net Income 29,892,489$ 31,487,986 33,079,136 35,231,507 35,962,299 37,059,821 38,972,698 40,649,672 43,122,560 45,284,706 47,721,259 22 Less: Revenues Excluded From Coverage Test 23 Impact Fees (72,922)$ (36,461) (36,461) (36,461) (36,461) (36,461) (36,461) (36,461) (36,461) (36,461) (36,461) 24 Transfers In -$ - - - - - - - - - - 25 Equals: Net Income Available For Debt Service 29,819,567$ 31,451,525 33,042,675 35,195,046 35,925,838 37,023,360 38,936,237 40,613,211 43,086,099 45,248,245 47,684,798 26 Existing And New Debt Service For Coverage Test 27 Existing Debt Service 13,625,349$ 13,616,020 13,613,496 13,576,787 9,831,001 9,820,359 9,818,833 9,820,734 9,823,846 9,821,792 9,841,695 28 Cumulative New Debt Service As Calculated by Model -$ - 4,085,384 5,110,845 8,314,262 9,118,342 10,030,280 10,259,183 12,751,699 13,377,338 14,233,673 29 Total Conventional Debt Service Target 13,625,349$ 13,616,020 17,698,880 18,687,632 18,145,262 18,938,701 19,849,114 20,079,917 22,575,544 23,199,129 24,075,368 30 Calculated Debt Service Coverage 1.50 2.19 2.31 1.87 1.88 1.98 1.95 1.96 2.02 1.91 1.95 1.98 31 Cash Flow Test 32 Net Income Available For Debt Service 29,819,567$ 31,451,525 33,042,675 35,195,046 35,925,838 37,023,360 38,936,237 40,613,211 43,086,099 45,248,245 47,684,798 33 Net Interfund Transfers (In - Out)(3,686,040)$ (4,228,984) (4,371,832) (4,519,744) (4,672,900) (4,831,491) (4,995,713) (5,165,768) (5,341,867) (5,524,229) (5,712,711) 34 Net Debt Service Payment (13,625,349)$ (13,616,020) (17,698,880) (18,687,632) (18,145,262) (18,938,701) (19,849,114) (20,079,917) (22,575,544) (23,199,129) (24,075,368) 35 Short-Term Debt Service (L/P)(63,678)$ (68,404) (299,933) (299,933) (299,933) (264,240) (235,732) - - - - 36 Capital Outlay (98,800)$ (100,776) (102,792) (104,847) (106,944) (109,083) (111,265) (113,490) (115,760) (118,075) (120,437) 37 Renewal & Replacement (9,667,170)$ (5,844,531) (6,974,393) (8,108,858) (9,248,091) (10,392,265) (11,541,557) (12,696,153) (13,856,243) (15,022,026) (15,193,374) 38 Net Cash Flow 2,678,530$ 7,592,809 3,594,845 3,474,032 3,452,708 2,487,580 2,202,857 2,557,883 1,196,685 1,384,786 2,582,910 39 Unrestricted Reserve Fund Test 40 Balance At Beginning Of Fiscal Year 34,875,033$ 33,601,300 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 41 Cash Flow Surplus/(Deficit)2,678,530$ 7,592,809 3,594,845 3,474,032 3,452,708 2,487,580 2,202,857 2,557,883 1,196,685 1,384,786 2,582,910 42 Projects Paid With Reserve Funds (Non Specified Funds)(3,952,263)$ (18,232,562) (2,939,155) (3,296,134) (2,165,189) (1,586,919) (1,618,925) (1,997,450) (644,466) (834,272) (2,021,440) 43 Balance At End Of Fiscal Year 33,601,300$ 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 28,791,882 44 Minimum Working Capital Reserve Target 6 Mos *11,349,710$ 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 28,791,882 45 Excess/(Deficiency) Of Working Capital To Target 22,251,590$ - - - - - - - - - - (1) Other Operating Revenues includes specific service charge revenues, Safety Harbor payments, collection fee charges, rents/leases, and other miscellaneous operating revenues. * Operating Reserve Target is adjusted from 3 Months of O&M to 6 Months of O&M starting in FY 2017 per City Staff. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 10 – Projected CIP Funding Sources APPENDIX 40 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 WATER IMPACT FEES 48,000$ 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 SEWER IMPACT FEES 1,781,551$ 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 RECLAIMED IMPACT FEES -$ - - - - - - - - - - FUTURE BOND PROCEEDS -$ - - - - - - - - - - CAPITAL PROJECTS FUND -$ - - - - - - - - - - RENEWAL & REPLACEMENT 19,076,104$ 8,491,995 6,997,558 8,109,089 9,248,094 10,392,265 11,541,557 12,696,153 13,856,243 10,249,204 5,543,311 ASSESSMENT FUND -$ - - - - - - - - - - REVENUE FUND 3,952,263$ 18,232,562 2,939,155 3,296,134 2,165,189 1,586,919 1,618,925 1,997,450 644,466 834,272 2,021,440 SRF PROCEEDS -$ - - - - - - - - - - INTERIM FINANCING -$ 28,488,402 - 36,220,260 - 4,966,124 - 25,810,877 - 8,420,177 - DEBT PROCEEDS -$ - 39,194,875 - 16,851,305 - 10,142,118 - 15,483,061 - 5,766,879 TOTAL PROJECTED CAPITAL SPENDING 24,857,918$ 55,249,420 49,168,049 47,661,945 28,301,049 16,981,769 23,339,061 40,540,940 30,020,231 19,540,115 13,368,091 (1) Schedules 11 & 12 present the detail for each projected Long-Term and Short-Term debt issuance. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 11 – Senior-Lien Borrowing Projections APPENDIX 41 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Sources of Funds Par Amount -$ - 74,279,716 - 58,243,941 - 16,580,698 - 45,318,461 - 15,569,732 Uses of Funds Proceeds -$ - 67,683,277 - 53,071,565 - 15,108,243 - 41,293,937 - 14,187,056 Cost of Issuance 2.00%of Par -$ - 1,485,594 - 1,164,879 - 331,614 - 906,369 - 311,395 Underwriter's Discount $0.00 per $1,000 -$ - - - - - - - - - - Bond Insurance 0 times total Debt Service -$ - - - - - - - - - - Capitalized Interest 0 Years Interest -$ - - - - - - - - - - Debt Service Surety 0.00%of Debt Service -$ - - - - - - - - - - Debt Service Reserve 1 Year(s) of Debt Service -$ - 5,110,845 - 4,007,497 - 1,140,841 - 3,118,154 - 1,071,281 Other Costs Total Uses -$ - 74,279,716 - 58,243,941 - 16,580,698 - 45,318,461 - 15,569,732 1 Year Interest -$ - 4,085,384 - 3,203,417 - 911,938 - 2,492,515 - 856,335 Annual Debt Service -$ - 5,110,845 - 4,007,497 - 1,140,841 - 3,118,154 - 1,071,281 Total Debt Service -$ - 153,325,344 - 120,224,912 - 34,225,242 - 93,544,631 - 32,138,444 Required Proceeds for Capital Funding -$ 28,488,402 39,194,875 36,220,260 16,851,305 4,966,124 10,142,118 25,810,877 15,483,061 8,420,177 5,766,879 Interim Financing Interest Rate 1.50%1.75%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Utilize Interim Financing?Y Y N Y N Y N Y N Y N Proceeds -$ 28,488,402 - 36,220,260 - 4,966,124 - 25,810,877 - 8,420,177 - Interest Payments -$ 249,274 - 452,753 - 62,077 - 322,636 - 105,252 - End of Year Balance -$ 28,488,402 - 36,220,260 - 4,966,124 - 25,810,877 - 8,420,177 - Proceeds to be Bond-Funded -$ - 67,683,277 - 53,071,565 - 15,108,243 - 41,293,937 - 14,187,056 Cumulative New Annual Debt Service (1) -$ - 4,085,384 5,110,845 8,314,262 9,118,342 10,030,280 10,259,183 12,751,699 13,377,338 14,233,673 (1) It is assumed that all debt is issued mid-fiscal year, resulting in interest-only payments in the year of issuance. FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 12 – Short-Term Borrowing Projections APPENDIX 42 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Term (Years)5 5 5 5 5 5 5 5 5 5 5 Interest Rate 1.50%1.75%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Sources of Funds Par Amount 170,707$ 135,354 1,111,111 - - - - - - - - Uses of Funds Proceeds 169,000$ 134,000 1,100,000 - - - - - - - - Cost of Issuance 1.00%of Par 1,707$ 1,354 11,111 - - - - - - - - Underwriter's Discount $0.00 per $1,000 -$ - - - - - - - - - - Bond Insurance 0 times total Debt Service -$ - - - - - - - - - - Capitalized Interest 0 Years Interest -$ - - - - - - - - - - Debt Service Reserve 0 Year(s) of Debt Service -$ - - - - - - - - - - Other Costs -$ - - - - - - - - - - Total Uses 170,707$ 135,354 1,111,111 - - - - - - - - 1 Year Interest 2,561$ 2,369 22,222 - - - - - - - - Annual Debt Service 35,693$ 28,508 235,732 - - - - - - - - Total Debt Service 178,465$ 142,540 1,178,660 - - - - - - - - Cumulative New Annual Short Term Debt Service 35,693$ 64,201 299,933 299,933 299,933 264,240 235,732 - - - - FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 13 – Funding Summary by Fund APPENDIX 43 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 1 WATER IMPACT FEES 2 Balance At Beginning Of Fiscal Year -$ - - - - - - - - - - 3 Additional Annual Revenues 48,000$ 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 4 Less: Payment Of Debt Service -$ - - - - - - - - - - 5 Subtotal 48,000$ 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 6 Less: Restricted Funds -$ - - - - - - - - - - 7 Total Amount Available For Projects 48,000$ 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 8 Amount Paid For Projects (48,000)$ (24,000) (24,000) (24,000) (24,000) (24,000) (24,000) (24,000) (24,000) (24,000) (24,000) 9 Subtotal -$ - - - - - - - - - - 10 Add Back: Restricted Funds -$ - - - - - - - - - - 11 Plus: Interest Earnings -$ - - - - - - - - - - 12 Less: Interest Allocated To Cash Flow -$ - - - - - - - - - - 13 Balance At End Of Fiscal Year -$ - - - - - - - - - - 14 SEWER IMPACT FEES 15 Balance At Beginning Of Fiscal Year 1,756,629$ - - - - - - - - - - 16 Additional Annual Revenues 24,922$ 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 17 Less: Payment Of Debt Service -$ - - - - - - - - - - 18 Subtotal 1,781,551$ 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 19 Less: Restricted Funds -$ - - - - - - - - - - 20 Total Amount Available For Projects 1,781,551$ 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 12,461 21 Amount Paid For Projects (1,781,551)$ (12,461) (12,461) (12,461) (12,461) (12,461) (12,461) (12,461) (12,461) (12,461) (12,461) 22 Subtotal -$ - - - - - - - - - - 23 Add Back: Restricted Funds -$ - - - - - - - - - - 24 Plus: Interest Earnings 13,175$ - - - - - - - - - - 25 Less: Interest Allocated To Cash Flow (13,175)$ - - - - - - - - - - 26 Balance At End Of Fiscal Year -$ - - - - - - - - - - 40 RENEWAL & REPLACEMENT 41 Balance At Beginning Of Fiscal Year 11,947,749$ 2,647,464 23,165 232 3 0 0 0 0 0 4,832,482 42 Additional Annual Revenues 9,667,170$ 5,844,531 6,974,393 8,108,858 9,248,091 10,392,265 11,541,557 12,696,153 13,856,243 15,022,026 15,193,374 43 Less: Payment Of Debt Service -$ - - - - - - - - - - 44 Subtotal 21,614,919$ 8,491,995 6,997,558 8,109,089 9,248,094 10,392,265 11,541,557 12,696,153 13,856,243 15,022,026 20,025,856 45 Less: Restricted Funds -$ - - - - - - - - - - 46 Total Amount Available For Projects 21,614,919$ 8,491,995 6,997,558 8,109,089 9,248,094 10,392,265 11,541,557 12,696,153 13,856,243 15,022,026 20,025,856 47 Amount Paid For Projects (19,076,104)$ (8,491,995) (6,997,558) (8,109,089) (9,248,094) (10,392,265) (11,541,557) (12,696,153) (13,856,243) (10,249,204) (5,543,311) 48 Subtotal 2,538,815$ - - - - - - - - 4,772,822 14,482,545 49 Add Back: Restricted Funds -$ - - - - - - - - - - 50 Plus: Interest Earnings 108,649$ 23,165 232 3 0 0 0 0 0 59,660 241,438 51 Less: Interest Allocated To Cash Flow -$ - - - - - - - - - - 52 Balance At End Of Fiscal Year 2,647,464$ 23,165 232 3 0 0 0 0 0 4,832,482 14,723,983 FY 2016 WATER & SEWER REVENUE SUFFICIENCY ANALYSIS Schedule 13 – Funding Summary by Fund APPENDIX 44 City of Clearwater Final Report FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 53 REVENUE FUND 54 Balance At Beginning Of Fiscal Year 34,875,033$ 33,601,300 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 55 Additional Annual Revenues 2,678,530$ 7,592,809 3,594,845 3,474,032 3,452,708 2,487,580 2,202,857 2,557,883 1,196,685 1,384,786 2,582,910 56 Less: Cash-Funded Capital Projects -$ - - - - - - - - - - 57 Less: Payment Of Debt Service -$ - - - - - - - - - - 58 Subtotal 37,553,563$ 41,194,109 26,556,392 27,091,270 27,247,843 27,570,234 28,186,172 29,125,131 28,324,366 29,064,685 30,813,322 59 Less: Restricted Funds (11,349,710)$ (22,961,547) (23,617,237) (23,795,136) (25,082,654) (25,983,316) (26,567,247) (27,127,681) (27,679,899) (28,230,413) (28,791,882) 60 Total Amount Available For Projects 26,203,853$ 18,232,562 2,939,155 3,296,134 2,165,189 1,586,919 1,618,925 1,997,450 644,466 834,272 2,021,440 61 Amount Paid For Projects (3,952,263)$ (18,232,562) (2,939,155) (3,296,134) (2,165,189) (1,586,919) (1,618,925) (1,997,450) (644,466) (834,272) (2,021,440) 62 Subtotal 22,251,590$ - - - - - - - - - - 63 Add Back: Restricted Funds 11,349,710$ 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 28,791,882 64 Plus: Interest Earnings 513,572$ 494,925 465,788 592,655 610,972 638,325 656,882 671,187 685,095 698,879 712,779 65 Less: Interest Allocated To Cash Flow (513,572)$ (494,925) (465,788) (592,655) (610,972) (638,325) (656,882) (671,187) (685,095) (698,879) (712,779) 66 Balance At End Of Fiscal Year 33,601,300$ 22,961,547 23,617,237 23,795,136 25,082,654 25,983,316 26,567,247 27,127,681 27,679,899 28,230,413 28,791,882 67 RESTRICTED RESERVES 68 Balance At Beginning Of Fiscal Year 13,619,564$ 13,619,564 13,619,564 18,730,409 18,730,409 22,737,906 22,737,906 23,878,747 23,878,747 26,996,902 26,996,902 69 Additional Funds:-$ - - - - - - - - - - 70 Debt Service Reserve On New Debt -$ - 5,110,845 - 4,007,497 - 1,140,841 - 3,118,154 - 1,071,281 71 Other Additional Funds -$ - - - - - - - - - - 72 Subtotal 13,619,564$ 13,619,564 18,730,409 18,730,409 22,737,906 22,737,906 23,878,747 23,878,747 26,996,902 26,996,902 28,068,183 73 Plus: Interest Earnings 204,293$ 238,342 323,500 468,260 518,354 568,448 582,708 596,969 635,946 674,923 688,314 74 Less: Interest Allocated To Cash Flow (204,293)$ (238,342) (323,500) (468,260) (518,354) (568,448) (582,708) (596,969) (635,946) (674,923) (688,314) 75 Balance At End Of Fiscal Year 13,619,564$ 13,619,564 18,730,409 18,730,409 22,737,906 22,737,906 23,878,747 23,878,747 26,996,902 26,996,902 28,068,183 Andrew J. BurnhamAndrew J. BurnhamVice President, Burton & AssociatesVice President, Burton & AssociatesDavid David W. Porter, W. Porter, P.E.P.E.Ci Ci f Clf ClCity City of Clearwaterof ClearwaterCity Council ~ Aug. 1, 2016City Council ~ Aug. 1, 2016 FinancialPlanning&Rate‐SettingHistoryFinancial Planning & RateSetting HistoryCity’s practice - Adopt multi-year rate plans ftiiti &lidfor water, irrigation, sewer & reclaimedCurrent rate plan - 4.5% increases/year th FY 2016thru FY 2016City conducts annual or bi-annual revenue ysufficiency studies for utility enterprise fundsInteractivemodel&decision supportte act eode&dec s o suppo tprocess2 SummaryofFY2015StudySummary of FY 2015 StudyKey issues:Sustainable funding of capital needsMaintaining adequate reservesgqStrong debt coverage ratiosSt d identified 4 0% ann al rate increasesStudy identified 4.0% annual rate increases to meet system needs starting in FY 20173 OverviewoftheAnalyticalProcessInteractive Modeling Interactive Modeling ProcesswithFAMSProcesswithFAMS‐‐XLXL©©Historical Financial DataINPUTSOverview of the Analytical ProcessProcess with FAMSProcess with FAMSXLXLCustomer & Demand ForecastCapital & Operating PlansPolicyConsiderationsPolicy ConsiderationsRegulatory RequirementsFINANCIAL FINANCIAL MASTERMASTERPLANPLANRevenue&OperatingCostProjectionsOUTPUTSMASTER MASTER PLANPLANRevenue & Operating Cost Projections Capital Funding PlanReserves, Debt Coverage Ratios, KPIsRateAdjustmentRequirements4Rate Adjustment RequirementsCustomer Impacts KeyFinancialPerformanceObjectivesKey Financial Performance ObjectivesBalanced Funding of InfrastructureTarget: 50/50 mix of debt vs. cash fundingAction: Requires increase in annual cash f di f CIP f $1M/funding of CIP of $1M/yrMaintaining Sufficient Operating ReservesTarget: 6 months of operating & maintenance expensesIndicative of strong systems per rating agencies and industry organizations5 KeyPerformanceObjectivesCont’dKey Performance Objectives Cont dMaintaining Sufficient Debt Service CoverageWhat it is: Net income / annual principal & interest expensesGoal: Net revenues 2 x greater than annual debt service (min. target of at least 1.5 x)Idi tiffi i ll t tilitIndicative of financially strong utility per rating agencies’ published criteria6 SnapshotofFinancialManagementPlanSnapshot of Financial Management PlanFY2016FY2017FY2018FY2019FY2020FY2021FY2022FY2023FY2024FY2025FY2026FY2021FY2026FINANCIAL ANALYSIS AND MANAGEMENT SYSTEM (FAMS) SUMMARYCumulative ChangeSAVECALCROLLFY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024FY 2025FY 2026FY 2021FY 20260.00% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 20.21% 44.56%0.00% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75%OMV FY17 ►100.0%0.00% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75%PILOT5.5%2.19 2.31 1.87 1.88 1.98 1.95 1.96 2.02 1.91 1.95 1.98Water Rate IncreasesSewer Rate IncreasesReclaimed Rate IncreasesRate Covenant100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%666666666 6 6Average Bill (4,000 gals.) $62.99 65.35 67.81 70.35 72.98 75.71 78.56 81.51 84.56 87.74 91.04CIP Execution % ►Operating Reserve Mo ►80Capital Spending80Long‐Term Borrowing80Operating Fund020406016 17 18 19 20 21 22 23 24 25 26Millions ($)020406016 17 18 19 20 21 22 23 24 25 26Millions ($)020406015 16 17 18 19 20 21 22 23 24 25 26Millions ($)20406080illions ($)CIP FundingDebtOperatingR&RImpact Fees20406080illions ($)Interim Financing4080120160illions ($)Rev Vs. ExpCash InCash OutCash Out Excl. CIP02016 17 18 19 20 21 22 23 24 25 26Mi02016 17 18 19 20 21 22 23 24 25 26M04016 17 18 19 20 21 22 23 24 25 26Mi7 Comparison to National Trends140%80%US CPI ‐Water & Sewerage Maintenance SeriesAnnual IncreaseCPI Cumulative % IncreaseComparison to National Trends100%120%140%6.0%7.0%8.0%reasese60%80%3.0%4.0%5.0%mulative Incrnnual Increas0%20%40%0.0%1.0%2.0%CumAnMeasures the national average change in the cost of water and sewer service to households2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015water and sewer service to householdsMuch more specific and relevant to utilities than overall CPI; 10-year avg. annual increase = 5.7%14 FY2016ResidentialBillComparisonFY 2016 Residential Bill ComparisonTSi$55 72Combined Water & Sewer Bill Survey at 3,000 Gallons per MonthTarpon Springs$55.72Hillsborough County$50.08St. Petersburg$49.71PinellasCounty$48 82Pinellas County$48.82Oldsmar$48.78Pasco County$48.57SafetyHarbor$47 46Safety Harbor$47.46Gulfport$46.57Clearwater$46.20PortRichey$46.18$46.20Port Richey$46.18New Port Richey$42.20Dunedin$41.13Zephyrhills$38.149py$Tampa$27.27 ProjectedFY2017BillComparisonProjected FY 2017 Bill Comparison(Based upon current available information; actual rates may vary)$Combined Water & Sewer Bill Survey at 3,000 Gallons per MonthTarpon Springs$59.24St. Petersburg$52.05Hillsborough County$50.59Pinellas County$50.14Old$48 78Oldsmar$48.78Pasco County$48.57Clearwater$47.93Port Richey$47.90SftHb$47 46$47.93Safety Harbor$47.46Gulfport$46.57New Port Richey$43.89Dunedin$43.55Zephyrhills$38 141) Safety Harbor is conducting a rate study – increases expected but unknown, so none are reflectedZephyrhills$38.14Tampa$27.2710expected but unknown, so none are reflected2) No information available on potential increases for Oldsmar, Gulfport, Tampa & Pasco County Summary of Results & RecommendationsyCurrent rates do not generate sufficient revenue for system costsrevenue for system costsExhausts fund balance and results in technical default on debt byFY 2021technical default on debt by FY 20215-yr plan of rate increases (FY17–FY21): 3.75% per year to water, irrigation, sewer & reclaimed ratesAchieves key financial objectivesComparabletonational and local trends11Comparable to national and local trends Results & Recommendations, Cont’d,Continue to perform annual revenue sufficiency studiessufficiency studiesModify rate adjustment plan as appropriate (up or down)(up or down)Cost of service to typical residential user is comparable to local communitiesPresently and into the future12 Andrew J. BurnhamAndrew J. BurnhamVice President, Burton & AssociatesVice President, Burton & AssociatesDavid David W. Porter, W. Porter, P.E.P.E.Ci Ci f Clf ClCity City of Clearwaterof ClearwaterCity Council ~ Aug. 1, 2016City Council ~ Aug. 1, 2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2613 Agenda Date: 8/17/2016 Status: Second ReadingVersion: 2 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8930-16 on second reading, vacating a drainage and utility easement along the west ten feet of Lot 10 of Countryside Tract 6 Replat, as recorded in Plat Book 78, Pages 11 and 12, Public Records of Pinellas County, Florida. SUMMARY: Page 1 City of Clearwater Printed on 8/16/2016 1 Ord. No. 8930-16 ORDINANCE NO. 8930-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A DRAINAGE AND UTILITY EASEMENT ALONG THE WEST TEN FEET OF LOT 10 OF COUNTRYSIDE TRACT 6 REPLAT, AS RECORDED IN PLAT BOOK 78, PAGES 11 AND 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: An Easement described as follows: The West 10’ of Lot 10, also being a platted 10’ Drainage and Utility Easement, less the southerly 5 feet and the northerly 10 feet of Lot 10, of property described in the plat “Countryside Tract 6 Replat” in Plat Book 78, Page 11 in the Public Records of Pinellas County, FL. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. No. 8930-16 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Lot 9 Countryside Tract 6 Replat Plat Book 78, Page 11 Lot 8Lot 10 Lot 11 Lot 12 Linetype Legend Legal Description: Abbreviation Legend NORTHSIDE DR US-19 NCURLEW RD C O U N T R YSID EBLVDHYDEPARKDRLANDM A R K D RSANDYRIDGEDRMULBERRY DR S LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com EASEMENT VACATION ^ JB XX N.T.S.188B 19-28s-16e7/15/16Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: DRAINAGE AND UTILITY EASEMENT VACATION2510 MULBERRY DRIVE Document Path: S:\ENV\Jim Benwell\GIS\Location Map 2510 Mulberry Vacation.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2699 Agenda Date: 8/17/2016 Status: City Manager ReportVersion: 3 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve policy and procedural guidance for staff to operate the variable lighting of the Clearwater Monument, located at 3350 Gulf to Bay Boulevard, Clearwater, FL 33759, and approve funds in the amount of $25,000 to provide remote controls for the lighting display. SUMMARY: The City Council requested that staff develop a policy and procedural guidance for the operation of the variable lighting system on the Clearwater Monument, located at 3350 Gulf to Bay Boulevard. Staff has developed this new policy and procedural guidelines which include the following: ● The Monument shall be lit on a nightly basis, commencing two hours prior to sundown and lasting until two hours after sunrise. The colors of the Monument shall remain as static shades of blue and green as dictated by the City’s logo and branding campaign. ● Staff members of the Parks & Recreation department shall be responsible for programming changes to the Monument colors. All maintenance requests and repairs will be handled by Parks & Recreation staff and appropriate contractors. ● On occasion, the Monument lighting shall be altered to the colors of red, white, and blue to coincide with patriotic Federal holidays. The change in colors shall take effect no more than two days before the holiday and shall cease no more than two days after the holiday. These holidays are as follows: Birthday of Martin Luther King, Jr. Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Currently, in order to change the lighting display at the Monument, it must be altered on site from the Monument internal control panel. Staff is recommending that a project be established to connect the Monument through fiber optic cabling to the city network, thus allowing staff to make changes from any city-networked computer. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 8/16/2016 File Number: ID#16-2699 A third quarter budget amendment will provide a transfer of $25,000 from General Fund reserves to capital improvement project 315-92844, Centennial Monument, to fund this contract. At midyear, unspent project funding of $32,236.36 was returned to the General Fund (reserve) from capital program project 315-92844, Centennial Monument due to completion of the construction. This amendment at third quarter will return funds to that project to account for this unplanned expenditure. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $25,000 to capital improvement project 315-92844, Centennial Monument. Inclusive of this item if approved, a net total of $2,354,880 of General Fund reserves has been appropriated by Council to fund expenditures in the 2015/16 operating budget. The remaining balance in General Fund reserves is approximately $29.4, or 23.6% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 8/16/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 16-21 Agenda Date: 8/17/2016 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Amend Council Rule 8, Debate of Motions, Tie Votes, to clarify the result of a 2-1 vote in the absence of two voting councilmembers and adopt Resolution 16-21 SUMMARY: The City Charter, Section 2.08, provides that a majority of council constitutes a quorum, however except under certain specific circumstances, no action is binding or valid unless adopted by the affirmative vote of the majority of all council members. From time to time, a quorum of three may result in a 2-1 vote the effect of which is not currently addressed in the council rules. Therefore, the City Council desires to amend the Council Rules to address this issue APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 8/16/2016 Resolution No. 16-21 RESOLUTION NO. 16-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter §2.08 provides that a majority of council constitutes a quorum, however except under certain specific circumstances, no action is binding or valid unless adopted by the affirmative vote of the majority of all council members; and WHEREAS, from time to time a quorum of three may result in a 2-1 vote the effect of which is not currently addressed in the council rules; and WHEREAS, the City Council desires to amend the Council Rules to address this issue; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.The Council Rules are hereby amended as follows: * * * * * RULE 8 DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote to call the question passes. Charter § 2.08 provides that except in certain circumstances “… no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members.” Therefore a A tie vote or a 2-1 vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote or a 2-1 vote on the Resolution No. 16-212 same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember. 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2730 Agenda Date: 8/17/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Pinellas Suncoast Transit Authority Central Avenue BRT (Bus Rapid Transit) Vote SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2016