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08/14/2017Monday, August 14, 2017 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda August 14, 2017Council Work Session Work Session Agenda 1. Call to Order 2. Presentations August Service Awards2.1 FDOT Complete Streets Implementation Update - Stephen L. Benson, AICP, CNU-A, FDOT District 7 2.2 Sea Turtle Presentation - Lindsey Flynn, Acting Supervisor of Sea Turtle Nesting - Clearwater Marine Aquarium 2.3 3. Finance Approve the settlement of liability claim 17000156-0001, Carmelo and Socorro Liwage, for payment not to exceed $123,000 and authorize the appropriate officials to execute same. (consent) 3.1 Approve the settlement of liability claim 17000157-0001, Ben and Emilie Carter, for payment not to exceed $122,000 and authorize the appropriate officials to execute same. (consent) 3.2 4. Parks and Recreation Support designating a portion of S.R. 60 between the Hillsborough County line and Mandalay Avenue in Clearwater, Florida as a National Purple Heart Trail and naming that portion of S.R. 60 a Purple Heart Trail and adopt Resolution 17-25. 4.1 Approve Pinellas County Tourist Development Council (TDC) grant agreement for the Eddie C. Moore Fields 8 and 9 press box construction and renovation, in the amount of $495,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 4.2 Approve Pinellas County Tourist Development Council (TDC) grant agreement for the redesign and renovations of Ruth Eckerd Hall (REH), in the amount of $5,500,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 4.3 Approve Pinellas County Tourist Development Council (TDC) grant agreement for the Countryside Sports Complex renovations and construction, in the amount of $1,900,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 4.4 Page 2 City of Clearwater Printed on 8/14/2017 August 14, 2017Council Work Session Work Session Agenda Approve a contract (purchase order) to Wannemacher Jenson Architects, Inc. of St. Petersburg, FL, in the amount of $152,000 for architectural and engineering services for the design of a new building to house restrooms, concession, pressbox, storage, meeting rooms and lockers at the Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 4.5 Establish a new Capital Improvement Project entitled Jack Russell Stadium Practice Field Renovations (CIP 315-93674) for the renovations of the practice field located behind the right outfield wall of Jack Russell Stadium and approve the transfer of $550,000 from general fund reserves to fund this project. (consent) 4.6 Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $149,410, for site work and construction to complete the entry way at the Florida Veteran War Memorial at Crest Lake Park and authorize the appropriate officials to execute same. (consent) 4.7 5. Police Department Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period commencing November 1, 2017 and terminating on October 31, 2020, and authorize the appropriate officials to execute same. (consent) 5.1 Renew the revised Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2018, and authorize the appropriate officials to execute same. (consent) 5.2 6. Engineering Accept and approve a Sovereign Submerged Lands Easement on, under and across Clearwater Harbor from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the installation of a subaqueous sanitary sewer force main, as a part of the Clearwater Memorial Causeway Subaqueous Pipeline Project; and authorize the appropriate officials to execute same. (consent) 6.1 Approve Engineer of Record (EOR) contracts with Erickson Consulting Engineers, Inc., Reuben Clarson Consulting and Woods Consulting for a period through July 24, 2019 and authorize the appropriate officials to execute same. (consent) 6.2 Page 3 City of Clearwater Printed on 8/14/2017 August 14, 2017Council Work Session Work Session Agenda Approve Amendment 1 to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N632) for Hillcrest Bypass Culvert (13-0042-EN) extending the expiration date through August 9, 2019 and authorize the appropriate officials to execute same. (consent) 6.3 7. Fire Department Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one additional two-year term through September 30, 2019 and authorize the appropriate officials to execute same. (consent) 7.1 8. Library Approve Purchase Orders in the amount of $70,936.80 and $91,992.29 to Bibliotheca of Norcross, GA, for the purchase of Radio Frequency Identification (RFID) System and Automated Materials Handler, and authorize the appropriate officials to execute same. (consent) 8.1 9. Planning Approve amendments to the Clearwater Comprehensive Plan Coastal Management Element, addressing the statutory requirements for the 2015 Peril of Flood Florida Senate Bill 1094; and pass Ordinance 9048-17 on first reading. (CPA2017-02001) 9.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1715 Lakeview Road; together with all abutting Lakeview Road and South Duncan Avenue rights-of-way; and pass Ordinances 9055-17, 9056-17 and 9057-17 on first reading. (ANX2017-06012) 9.2 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 809, 907, 915 Glen Oak Avenue East, 3053 Grand View Avenue, 3058 Hoyt Avenue, 3040 and 3077 Merrill Avenue, 3080 Terrace View Lane and 3127 Wolfe Road, and the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3136 San Jose Street; and pass Ordinances 9058-17, 9059-17 and 9060-17 on first reading. (ANX2017-06013) 9.3 Page 4 City of Clearwater Printed on 8/14/2017 August 14, 2017Council Work Session Work Session Agenda Approve amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2016-2026 Planning Period) and pass Ordinance 9062-17 on first reading. (CPA2017-06002) 9.4 10. Solid Waste 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, 2016 through September 30, 2017, including a one-year renewal, and authorize the appropriate officials to execute same. (consent) 10.1 Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,700,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2017 through September 30, 2018, as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 10.2 Award a contract (purchase order) to Tampa Bay Trane of Tampa, FL, in the amount of $296,400 to replace chiller and pumps at City Hall, per proposal 25-FL-150609, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) 10.3 11. Official Records and Legislative Services Reappoint Councilmember Doreen Caudell to serve as the City’s representative on the Forward Pinellas Board with a term to expire September 12, 2021. (consent) 11.1 Appoint Jennifer Christou-Wood to the Parks and Recreation Board to fill the remainder of an unexpired term through January 31, 2021. (consent) 11.2 12. Legal Adopt Ordinance 9032-17 on second reading, vacating a portion of a 40 foot Right-of-Way of Wildwood Street (Plat), from the northerly Right-of-Way line of Park Lane to the southerly Right-of-Way line of Smallwood Circle, Glenwood Subdivision, as recorded in Plat Book 8, Page 14, subject to a drainage and utility easement which is retained over the entire vacated portion thereof. 12.1 Page 5 City of Clearwater Printed on 8/14/2017 August 14, 2017Council Work Session Work Session Agenda Adopt Ordinance 9051-17 on second reading, vacating the south 28 feet of public Right-of-Way of Vernon Street approximately 170 feet west of South Washington Avenue, abutting Lots 21 and 22 of Tennessee Terrace Subdivision, as recorded in Plat Book 11, Page 85. 12.2 Adopt Ordinance 9061-17 on second reading, amending Clearwater Code of Ordinances Appendix A, Article XXIV, Section (3)(E) relating to stormwater management utility rates. 12.3 Adopt Ordinance 9064-17 on second reading, vacating the 10 food drainage and utility easement along the east line of Lot 11 of Countryside Tract 56, Unit 1, as recorded in Plat Book 80, Pages 33, 34, and 35. 12.4 Adopt Ordinance 9065-17 on second reading, vacating the west 7 feet of a 10 foot utility easement along the east line of Lot 49 of Forest Wood Estates, as recorded in Plat Book 69, Page 17. 12.5 Continue to September 7, 2017: second reading of Ordinance 9054-17, amending the rates for domestic water, lawn water, reclaimed water and wastewater collection. 12.6 13. City Manager Verbal Reports Neighborly Care Network Funding Request13.1 Car Thefts13.2 14. City Attorney Verbal Reports 15. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 16. Closing Comments by Mayor 17. Adjourn 18. Presentation(s) for Council Meeting August Service Awards18.1 End of Session Report - The Honorable Larry Ahern, Florida House of Representatives 18.2 Page 6 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3693 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: August Service Awards SUMMARY: 5 Years of Service: Thomas King Engineering/Parking Jennifer Lozano Library John Ryder Solid Waste Christopher Fischer Engineering/Traffic Jacques Dixon Planning and Development Ronald Neuberger Fire Howard Johnson Marine & Aviation Jerry Dilley General Services/Fleet Phillip Horne Public Utilities Greg Cornella Gas Elizabeth Bayly Engineering Ralph Saraceno Planning and Development 10 Years of Service: Emily Laurenti Public Utilities Kattrina Miller Solid Waste Clinton Reeves Public Utilities Joseph Tincher Public Utilities Raymond Roby Fire 15 Years of Service: Todd Vaughan Parks & Recreation Jason Herman Information Technology 20 Years of Service: Robert Carpenter Parks & Recreation James Jackson Parks & Recreation Timothy Keene Public Utilities 25 Years of Service: Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3693 Julie Hudson Library Page 2 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3723 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: FDOT Complete Streets Implementation Update - Stephen L. Benson, AICP, CNU-A, FDOT District 7 SUMMARY: The Florida Department of Transportation’s (FDOT) Complete Streets Policy, adopted in September 2014, promotes safety, quality of life, and economic development in Florida. Complete Streets serve the transportation needs of users of all ages and abilities, including those walking, bicyclists, transit riders, motorists, and freight handlers. Complete Streets are context sensitive, and the approach provides transportation system design that considers local land development patterns. The recently released Complete Streets Handbook and the FDOT Design Manual (2018) have been developed to provide guidance to planners and engineers in putting the “right street in the right place.” Over the next year, District staff is working to incorporate this approach into existing procedures and project development activities. This presentation is an update on these efforts and discussion on FDOT’s approach to Complete Streets on the state highway system. To view FDOT’s Complete Streets Handbook, go to www.flcompletestreets.com and select the complete streets handbook link. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 Florida Department ofTRANSPORTATIONComplete Streets pImplementation Update: Handbook and Design ManualAugust 14, 2017FDOT District SevenFDOT District Seven Dangerous by DesignPedestrian Danger Index by State, 2016 Dangerous by DesignMetro‐area rankings: Dangerous by Design 2016 reportggygp Dangerous by DesignMetro‐area rankings: Dangerous by Design 2016 reportggygp Dangerous by DesignFlorida tops most dangerous list for fourth consecutive time “Florida has been the most dangerous state for walking since we first began tracking these numbers in 2009. This year’s (2016) analysis is no different: Florida has the highest PDI of any state, and it’s home to eight of thttdtithti ”the ten most dangerous metro areas in the nation.” FDOT Complete Streets Policy•Adopted September 2014•Promotes safety, quality of life, and economic development •Context sensitive system of Contextsensitivesystemof“Complete Streets.” •Serve the transportation needs of transportationsystemusersofalltransportation system users of all ages and abilities, including :oCyclistsoFreight handlersoMotoristsoPedestriansoTransit riders FDOT Complete Streets Policy The Implementation Plan • Four workshops summer of 2015• Provided a “common vision” within the agency•Requires a multi-•Requires a multi-disciplinary approach• Conducted by Smart Growth America Complete Streets Handbook • Introduces FDOT context classifications• Adds context classification to project scoping• Discusses role of local government• Discusses role of FDOT• Not a Design Manual!•Not a“best practices”book!Not a best practices book! •Guidance on agency partnership/ collaboration•ContextClassification•Context Classification•The FDOT process (RRR, design)•Relies on Florida Design Manual (FDM) for criteriacriteria No New Funding• Complete Streets is a philosophy, not a funding program•Projects will be programmed•Projects will be programmed and funded as they are today but…• …Will now include context classification• Increased emphasis on partnerships and assembling funding packagesu d g pac ages Partnership Funding• Local governments can program projects through Long Range Transportation Plan (LRTP) to supportPlan (LRTP) to support Complete Streets•MPOs need to prioritizeFor example:•Decorative lighting•Decorative paving•MPOs need to prioritize projects to support Complete Streetspg•Enhanced landscaping•Other items that vary from FDOT criteria and standards• Enhancements beyond FDOT standards still require local funding participation TrainingRegional Workshops for Local PartnersRegional Workshops for Local Partners»September 19 – Tallahassee»September 21–Tampa»September 21 Tampa»September 26 – Orlando»September 28–Ft Lauderdale»September 28 –Ft LauderdaleContext Classification, Handbook Structure, Di t i t C di tiDistrict CoordinationLook for updates at www.FLcompletestreets.com Key Milestones•June 2017 Final Draft of Complete Streets HandbookSecondDraftof2018FDM(external)Second Draft of 2018 FDM (external)•Sept. 2017 Agency Training on FDM Context Based Design•Nov. 2017 Posting of 2018 FDM•Jan. 2018 FDM Adoption Context Classification System•At the heart of Complete Streets•Putsthecontextin“context‐based•Allows fine‐tuned designs beyond “urban/rural”Puts the context in contextbased design”•Based on the common “transect” systemurban/rural •Help determine design criteria, including appropriate design speedMORERURALMOREURBANC1PC2RlC2TRlC3RSb bC3CSb bC4UrbanC5UbC6UbMORE RURALMORE URBANPreserveRuralRuralTownSuburbanResidentialSuburbanCommercialUrbanGeneralUrbanCenterUrbanCore FDOT Design Manual (FDM)•FDMisareplacementforthePlansPreparationManual(PPM)Highlights:•FDM is a replacement for the Plans Preparation Manual (PPM)•Design criteria are in the FDM, not in the Complete Streets Handbook•Introduces context classification to determine design criteria•First draft is ready for review at www.FLcompletestreets.com What’s Changing? FDMPPM Design criteria based:g•Functional Classification•Project Area (urban boundary defined by population)•Design SpeedFDMDesign criteria based:FDM Design criteria based:•Functional Classification–Has not changed. FDM organized into separate chapters by classification (D iCit iAt il/Cll tLi it dA)(Design Criteria –Arterials/Collectors, Limited Access)•Context Classification(6 zones, no longer urban/rural)•DesignSpeedDesign Speed–Adopted lower design speed ranges. What’s Changing? Speed What’s Changing? SpeedDesign Speeds for Arterials and Collectors:Context ClassificationAllowable Design Speed Range (mph)SIS Minimum Design Speed (mph)PPM FDM PPM FDMC1 Natural 55‐70 55‐70 65 65C2 Rural 55‐70 55‐70 65 65C2T Rural Town 40‐60 25‐45 50 35/40C3 Suburban 40‐60 35‐55 50 45/50C4UrbanGeneral40‐6030‐454545C4Urban General40‐6030‐454545C5 Urban Center 40‐60 25‐35 45 35C6 Urban Core 40‐60 25‐30 45 30 What’s Changing? DesignIncreases Flexibility in DesignCildlhll dhi hdi•Can include elements that were not allowed at higher design speeds•ProvidesopportunitytoletlocalsbemoreinvolvedProvides opportunity to let locals be more involvedCriteria Changes (highlights):•Reduced:–Lane Widths–Median Width–LateralOffsetsLateral Offsets•Increased:–Border Width–Sidewalk widths What’s Changing? Lane WidthsLane Widths for Arterials and Collectors:Context ClassificationMinimum Lane Widths (ft)PPMFDM25354045≥5025‐3540‐45≥ 50C1 Natural 12 11 11 12C2 Rural 12 11 11 12C2T Rural Town 11 11 11 12C3 Suburban 11 10 11 12C4 Urban General 11 10 11 12C5 Urban Center 11 10 11 12C6 Urban Core 11 10 11 12 What’s Changing? Sidewalk WidthsContext Classification Sidewalk Width (feet)C1 Natural 5C2 Rural 5C2TRuralTown6C2T Rural Town6C3 Suburban (Residential, Commercial) 6C4 Urban General 6‐8C5 Urban Center 10C6 Urban Core 12• When the sidewalk widths listed above are not are not obtainable revert tocurrent standards Projects: 40thStreetBefore: 3 travel lanesAfter: 2 travel lanes and a bufferedbikelanebuffered bike lane Projects: Jackson StBefore: 3 travel lanes, parking, bike lane Projects: Jackson StAfter: 2 travel lanes, parking, separated bike lane Thank you! y Questionswww.FLcompletestreets.com WHAT IS THE ROLE OF LOCAL PARTNERS?A network of Complete Streets cannot be built entirely within the state roadway system and solely within FDOT’s right of way. Transportation system and development pattern (such as land use, development density and intensity, building design, and site layout) are inextricably linked, and both have an effect on travel choices and mobility. A robust, connected roadway network provides options for the movement of people and goods and is the foundation for safe and comfortable travel for pedestrians, bicyclists, and transit riders.Local governments and metropolitan planning organizations (MPOs) are responsible for land use and transportation planning to create supportive infrastructure and development patterns that match community goals and visions. Comprehensive plans, subarea plans, and land development regulations are some of the documents that will be reviewed to determine future visions and other land use-related items in evaluating context classiﬁ cation. FDOT will apply criteria and standards based on the context classiﬁ cation. There is no separate FDOT funding category or FDOT funding source speciﬁ cally for Complete Streets. Projects that require modiﬁ cations to comply with criteria associated with the context classiﬁ cation will be funded through the funding programs currently available to Federal, State, and local roadways, as appropriate. The existing MPO funding process will remain the same. If local governments or other partners would like to include features that go beyond what is required by FDOT design criteria, such as decorative lighting or landscaping, patterned pavements, or street furniture and wayﬁ nding, local communities must coordinate with FDOT to align local resources and projects with the FDOT project.WHEN WILL COMPLETE STREETS BE IMPLEMENTED?The determination of a roadway’s context classiﬁ cation is required in order to utilize the criteria in the FDM. The context-based criteria in the FDM will be required on projects that have not begun design by January 1, 2018, and may be applied to active design projects at the discretion of the district. For PD&E projects, implementation of context classiﬁ cation and the FDM is required for projects that have the Public Hearing scheduled in April 2018 or later. The 2017 Plans Preparation Manual (PPM) will apply through the completion of the PD&E studies for projects that have the Public Hearing scheduled prior to April 2018. Criteria contained in the FDM may also be applied earlier at the discretion of the district.WHERE CAN I FINDMORE RESOURCES?WWW.FLCOMPLETESTREETS.COM DeWayne Carver, AICPState Complete Streets Program Manager(850) 414 4322dewayne.carver@dot.state.ﬂ .usEXAMPLE OF A CONTEXT-SENSITIVE SYSTEM OF COMPLETE STREETSSidewalkBicycle NetworkTransit CorridorRegional Freight RouteExclusive Bicycle FacilityShared LanesShared Use Path/TrailWHAT IS FDOT’S APPROACH TO COMPLETE STREETS? In September 2014, the Florida Department of Transportation (FDOT) adopted the Statewide Complete Streets Policy (Topic No. 000-625-017-a). The policy captures three core concepts in its approach to Complete Streets: WHAT IS IN THE COMPLETE STREETS HANDBOOK?The Complete Streets Handbook describes how FDOT will apply context-based planning and design to non-limited access state roadway projects. It introduces the FDOT context classiﬁcation system used in the FDOT Design Manual (FDM) to support the safety, comfort, and mobility of all users. EXECUTIVE SUMMARYProvides an overview of FDOT’s Complete Streets approach and principlesCHAPTER 3Describes how context classiﬁ cations will be determined for different types of FDOT projectsCHAPTER 1Describes the roles of FDOT and local and regional partners in implementing Complete StreetsCHAPTER 4Outlines roadway design considerations to support Complete StreetsCHAPTER 2Deﬁ nes context classiﬁ cations that will inform planning and design decisions for Complete Streets01020304ES• Complete Streets servethe transportation needs oftransportation system usersof all ages and abilities,including pedestrians,bicyclists, transit riders,motorists, and freighthandlers.• Complete Streets are contextsensitive, and the approachprovides transportationsystem design that considerslocal land developmentpatterns.• A transportationsystem basedon CompleteStreets principles canhelp to promote safety,quality of life, and economicdevelopment.Implementing Complete Streets is an FDOT department-wide priority. The Complete Streets approach builds on ﬂ exibility and innovation in roadway planning and design to put the right street in the right place. The FDOT Complete Streets approach is based on the following principles:• Safety First• Invest in Existing and Emerging Communities• Enhance System Performance• Enhance All Modes• Connect Community Centers• Create Quality Places• Support the ContextThe right street in the right place. WHAT IS FDOT CONTEXT CLASSIFICATION?The FDOT context classiﬁ cation system broadly identiﬁ es the various built environments existing in Florida. The context classiﬁ catioapproaches to ensure that state roadways are supportive of safe and comfortable travel for their anticipated users. Identifying the coC3CMostly nlarge buiparkingand a drC1-NaturalLands preserved in a natural or wilderness condition, includinglands unsuitable for settlement due to natural conditions.C2-RuralSparsely settled lands; may include agricultural land,grassland, woodland, and wetlands.C2T-Rural TownSmall concentrations of developed areas immediately surrounded by rural andnatural areas; includes manyhistoric towns.C3R-Suburban ResidentialMostly residential uses within large blocks and a disconnected or sparseroadway network.CONTEXT CLASSIFICATION AND TRANSPORTATION CHARACTERISTICS •Roadway Users•Regional and LocalTravel Demand•Challenges andOpportunities of EachRoadway UserContext Classiﬁ cationsTransportation CharacteristicsFDOT CONTEXT CLASSIFICATIONSroadway, the regional and local travel demand of the roadway, and the challenges and opportunities of each roadway user.on of a roadway will inform FDOT’s planning, Project Development and Environment (PD&E), design, construction, and maintenance ontext classiﬁ cation is a preliminary step in planning and design, as different context classiﬁ cations will have different design criteria.WHAT IS THE FDOT PROCESS FOR IMPLEMENTINGCONTEXT CLASSIFICATION?Complete Streets are not a speciﬁc type of project, but rather are an approach to ensure projects are pursued based on their contexts. This means that a Complete Streets approach will be implemented consistently for all non-limited access projects — from capital projects qualifying for Efﬁcient Transportation Decision Making process (ETDM) screening to Resurfacing, Restoration and Rehabilitation (RRR), trafﬁc operations, and safety projects. All FDOT projects on non-limited-access roadways require the evaluation and documentation of context classiﬁcation early in the life of a project, as follows: For Non-Qualifying Projects(projects that do not go through ETDM screening): The context classification will be determined during the work program development cycle and prior to the development of the design scope of work. For Qualifying Projects(projects that go through ETDM screening): The context classiﬁ cation will be provided in the Preliminary Environmental Determination (PED) in ETDM screening.3C-Suburban Commercialnon-residential uses withlding footprints and largeg lots within large blocks disconnected or sparseroadway network.C4-UrbanGeneralMix of uses set within small blocks with a well-connectedroadway network. May extend long distances. The roadway networkusually connects to residentialneighborhoods immediately alongthe corridor or behind the usesfronting the roadway.C5-UrbanCenterMix of uses set within small blocks with a well-connected roadway network. Typicallyconcentrated around a fewblocks and identiﬁ ed as part of a civic or economic center of a community, town, or city.C6-UrbanCoreAreas with the highest densities and building heights, and within FDOT classiﬁ edLarge Urbanized Areas (population>1,000,000). Many are regional centersand destinations. Buildings have mixeduses, are built up to the roadway, and arewithin a well-connected roadway network. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3749 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.3 SUBJECT/RECOMMENDATION: Sea Turtle Presentation - Lindsey Flynn, Acting Supervisor of Sea Turtle Nesting - Clearwater Marine Aquarium SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 The 2016 Sea Turtle Nesting Season Lindsey Flynn, M.S. Acting Supervisor of Sea Turtle Nesting Clearwater Marine Aquarium Clearwater, FL Trivia Time! How many species of sea turtles are there in the world? Credit: conserveturtles.org Credit: Center for Biological Diversity Credit: costaricaturtles.com Credit: National Geographic Credit: NOAA Credit: marinebio.org How many of these species nest in the state of Florida? Credit: conserveturtles.org Credit: Center for Biological Diversity Credit: costaricaturtles.com Credit: NOAA Up to 5 3 commonly nest in Florida Credit: conserveturtles.org Credit: Center for Biological Diversity Loggerhead Sea Turtle Florida hosts >90% of all loggerhead nesting activities in the US Internationally, we are one of two primary nesting locations Oman is the other location Credit: FWC Credit: NOAA Credit: Google Maps Nesting Process Adult female emerges from the surf zone at night Female crawls up the beach to a point typically between the high-tide line and the primary dune Female prepares the nest site by pushing or digging surface sand away to form a “body pit” Body pit Female digs an “egg cavity” within the body pit using the rear flippers Female deposits eggs within the egg cavityFemale covers the eggs with sandFemale camouflages the nest site by casting sand, principally with front-flipper strokes Female turns toward the sea Female crawls into the surf 50-65 days later: Hatchlings will emerge from the nest at night and immediately move toward the sea How Did CMA Help? 2016 Season in Pinellas County Entire County Credit: NOAA 498 Nests 567 False Crawls 2 Nests 1 False Crawl CMA 316 Nests 310 False Crawls 2 Nests 1 False Crawl Credit: Reptiles Magazine CMA Nesting Program 2016 2015 2013 Nests 318 216 231 False Crawls 311 258 222 Hatchlings 13,199 6,034 16,089 Only 1 in 1,000 hatchlings survive into adulthood! Tropical Storm Colin Credit: ABC Action News Early June 2016 The Storms Hurricane Hermine Early September 2016 Credit: Fox13 News Credit: Tampa Bay Times The Storms Total Storm Impacts Tropical Storm Colin Hurricane Hermine 41 Nests 98 Nests 139 nests total were affected 43.7% of nests monitored by CMA There Was So Much Stuff On The Beach! 133 Obstruction Reports Here Is Some More… And Even More! Natural Conditions Disorientation Adult Disorientations Crawl of the adult female Location of the nest Credit: Mike Anderson 111 Total Disorientation Reports Credit: FWC How Can Cities Help? Make the switch to turtle-friendly lighting! The FWC’s motto for turtle-friendly lighting is “long, low and shielded.” Credit: Sea Turtle Conservancy From left to right: Photo 1 – View of Eastern Mist property taken ‘before’ retrofit from the backyard adjacent to the beach. Photo 2 – ‘After’ retrofit view of property illustrating replacement of unshielded beachside fixtures with full spectrum bulbs replaced with full-cutoff fixtures lamped with long wavelength amber LED bulbs. Other Ways to Help Turtles Do not use flashlights or cell phones Credit: YouTube Credit: Shutterstock.com Other Ways to Help Turtles Instead, use red LED lights Credit: turtlesafeonline.com Credit: LEDs Magazine Other Ways to Help Turtles Remove obstacles Fill in holes and knock down sandcastles Other Ways to Help Turtles Credit: Sea Turtle Conservancy Other Ways to Help Turtles Credit: bbc.com Report animals in distress to FWC Wildlife Alert Hotline 888-404-3922 Do not disturb nesting females or hatchlings Summary Record Sea Turtle Nesting Season in 2016 318 nests 2 Kemp’s ridley nests (very rare!) and 1 green false crawl 13,199 hatchlings released Credit: NOAA Credit: Reptiles Magazine You Can Help! Changing lights out for “turtle-friendly” ones Remove obstacles Trash, tents, toys, holes, sand castles Call FWC to report animals in distress 888-444-3922 Credit: City of Indian Rocks BeachCredit: Sea Turtle Conservancy Credit: FWC Thank You! Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3738 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the settlement of liability claim 17000156-0001, Carmelo and Socorro Liwage, for payment not to exceed $123,000 and authorize the appropriate officials to execute same . (consent) SUMMARY: On May 16th, 2017, the claimant’s residence suffered a waste water backup due to a stoppage caused by roots in the city waste water main line. The claimant ’s home incurred damage to the structure interior, which included drywall, wall trim, and tile. A restoration company will have to remove and replace these items to repair the waste water damages . Repairs are substantially underway. The expenses will not exceed $123,000. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000/300,000. The City’s Risk Management Division and City ’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 590-07590-545900-519-000 $123,000.00 Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3739 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the settlement of liability claim 17000157-0001, Ben and Emilie Carter, for payment not to exceed $122,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 16, 2017, the claimant’s residence suffered a waste water backup due to a stoppage caused by roots in the city waste water main line. The claimant ’s home incurred damage to the structure interior, which included drywall, wall trim, and tile. A restoration company will have to remove and replace these items to repair the waste water damages. Repairs are substantially underway. The expenses will not exceed $122,000. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000/300,000. The City’s Risk Management Division and City ’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 590-07590-545900-519-000 $122,000.00 Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3737 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Support designating a portion of S.R. 60 between the Hillsborough County line and Mandalay Avenue in Clearwater, Florida as a National Purple Heart Trail and naming that portion of S.R. 60 a Purple Heart Trail and adopt Resolution 17-25. SUMMARY: The Florida Legislature successfully passed Senate Bill 368 during the 2017 Legislative Session that designated the portion of S.R. 60 between the Hillsborough County line and Mandalay Avenue in Clearwater as a “Purple Heart Trail.” In order for the Florida Department of Transportation (FDOT) to place markers on the trail, Section 334.071 of the Florida Statutes requires a resolution from the City of Clearwater and Pinellas County supporting the designation. The Board of Pinellas County Commissioners has considered a similar resolution of support at their August 1, 2017 meeting. If approved, FDOT will place and maintain appropriate markers/signs designating said highway at the Florida Veterans Memorial Plaza at Crest Lake Park, at the Hillsborough/Pinellas County line along Courtney Campbell Causeway, and at Mandalay Avenue Flag Plaza at Pier 60 Park. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/14/2017 Resolution No. 17-25 RESOLUTION NO. 17- 25 A RESOLUTION OF THE CITY OF CLEARWATER SUPPORTING THE DESIGNATION OF THE PORTION OF S.R. 60 BETWEEN THE HILLSBOROUGH COUNTY LINE AND MANDALAY AVENUE IN CLEARWATER FLORIDA AS A “PURPLE HEART TRAIL”; PROVIDING AN EFFECTIVE DATE. WHEREAS, General George Washington established the Purple Heart Medal on August 7, 1782 to honor military personnel wounded in combat; and WHEREAS, our local community, state, and nation owe a deep amount of gratitude and respect to all members of the Armed Forces, especially those who have been wounded in combat and honored with the Purple Heart Medal; and, WHEREAS, the Military Order of the Purple Heart (MOPH) was chartered by Congress in 1958 and has established a national network of Purple Heart Trails consisting of major highways and roadways that lead to patriotic sites; and WHEREAS, the Florida Legislature successfully passed Senate Bill 368 during the 2017 Legislative Session that designated the portion of S.R. 60 between the Hillsborough County line and Mandalay Avenue within Pinellas County as a “Purple Heart Trail;” and WHEREAS, Section 334.071, Florida Statutes, requires a resolution of support from both the City of Clearwater Council and Pinellas County Commission before markers may be placed; and WHEREAS, the City of Clearwater requests that the Florida Department of Transportation place and maintain appropriate markers designating said highway at the site of the Florida Veterans Memorial Plaza at Crest Lake Park, at the Hillsborough/Pinellas County line along Courtney Campbell Causeway, and at Mandalay Avenue flag plaza at Pier 60 Park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City Council fully supports the designation of the portion of S.R. 60 between the Hillsborough County line and Mandalay Avenue in Pinellas County as a trail within the National Purple Heart Trail network, and naming that portion of S.R. 60 a “Purple Heart Trail.” Section 2. That the City supports the Florida Department of Transportation installing and maintaining appropriate markers/signage designating said trail at Florida Veterans Memorial Plaza at Crest Lake Park, at the Hillsborough/Pinellas County line along Courtney Campbell Causeway, and at Mandalay Avenue flag plaza at Pier 60 Park. Section 3.This resolution shall take effect immediately upon adoption. Resolution No. 17-25 PAGE 2 – RESOLUTION NO. 17-25 PASSED AND ADOPTED this _____ day of _______________, 2017. ____________________________ George N. Cretekos Mayor Approved as to form:Attest: ____________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3741 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve Pinellas County Tourist Development Council (TDC) grant agreement for the Eddie C. Moore Fields 8 and 9 press box construction and renovation, in the amount of $495,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a grant from TDC in the amount of $495,000 for redesign and renovation of the Eddie C. Moore 8 & 9 press box, bathroom, meeting room and concession stand, located at 2780 Drew Street. The Eddie C. Moore 8 & 9 project consisted of renovating the existing building and adding a second story that houses a modern press box for both fields as well as meeting facilities. The restrooms were expanded, especially the women’s restroom to accommodate the participants and spectators to the facility. In addition, storage and a trainer’s and conditioning room were added on the first floor. In conjunction with these new additions and enhancements, upgrades were made to the technology at the facility to provide video streaming capability for internet and television. The total project cost was $679,902 which consisted of $495,000 in TDC grant funding, $175,000 in Penny III funding and the remainder from general funds. This project was completed in February, 2016 and has been in use for the past 18 months, with nothing but praise from all who have had the opportunity to visit and use the facility. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/14/2017 CAPITAL PROJECT FUNDING AGREEMENT Eddie C. Moore Softball Complex THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of ____________________, 2017 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”) and the City of Clearwater, a Florida Municipal Corporation (“City”) (collectively, the “Parties” or individually a “Party”). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes §125.0104, the County is authorized to utilize Tourist Development Tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant’s report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide the City with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this Agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. 1 of 10 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth as follows: A. “Capital Project” or “Project” means the improvements to that certain statutorily eligible project/facility commonly known as Eddie C. Moore Softball Complex located in Clearwater, Florida (“Facility”) described in Exhibit A attached hereto and incorporated herein by reference and completed by the City as of June 1, 2016. B. “Tourist Promotion Benefits” means any and all tourism promotion and/or marketing benefits, provided by the City to market/promote the destination through Visit St. Petersburg Clearwater (“VSPC”) as part of the consideration for the County funding of the Project, as further described in Exhibit B attached hereto and incorporated herein by reference. C. “Tourist Tax Revenues”means any legally available tourist tax revenues levied and collected by the County pursuant to Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2018 ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. The City continues to own and operate the facility. B. The City provides to the County the Tourism Promotion Benefits as described in Exhibit B. C. The Plan authorizes tourist tax revenues to be expended for such capital improvements. 5. COUNTY'S RESPONSIBILITIES. Upon providing documentation establishing satisfaction of the conditions precedent as required in Section 4 required by the County, the County agrees to pay to the City Capital Project funds in the sum of Four Hundred and Ninety-Five Thousand Dollars ($495,000.00), from legally available Tourist Tax Revenues and from no other revenue source of the County, as follows: A. Reimbursement payment shall be made upon receipt of a payment request from the City directed to VSPC at the address set out in Section 11.A., with such documentation as reasonably required herein or by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) the work completed that the City is seeking reimbursement for; (ii) proof of payment for the work; (iii) a certification from the City certifying the work has been completed and paid for before submittal of the payment request. 2 of 10 B. County’s contributions of Capital Project funds herein shall in no event exceed any amount agreed to herein and any and all excess project costs are the sole responsibility of the City. C. The Capital Project Funds shall be paid in accordance with Section 218.70 et seq., Florida Statutes, "The Local Government Prompt Payment Act." 6. CITY’S RESPONSIBILITIES. During the Term of this Agreement, the City shall: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all permits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Provide the Tourism Promotion Program benefits through September 30, 2024. C. Operate, maintain, repair, replace, and insure the Facility in a manner consistent with other comparable sports stadiums/facilities in Pinellas County. 7. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following shall constitute an event of default (each, an "Event of Default") hereunder: 1. A breach by the City of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof shall have been given to the City except for a breach of those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. The City voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 3. A payment request containing a material misrepresentation; 4. The City ceases operations of the Capital Project or Facility before October 1, 2024. 5. The Tourist Tax Revenues legally available to pay this obligation are repealed or expire as provided by law. 6. The City fails to pay taxes and/or assessments, if any, when due. B. Remedies. Upon or at any time after the occurrence of an Event of Default which has not been cured if authorized herein: 3 of 10 1. The County may withhold, temporarily or permanently, any or all unpaid Capital Project funds and/or may terminate this Agreement by giving seven (7) calendar days’ notice to the City. The County shall then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the City shall repay to the County all Capital Project Funds received by it for the Project; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity pursuant to Florida law. C. No consent or waiver, express or implied, by the County to or of any breach or default by the City in the performance of its obligations under this Agreement shall constitute a consent to or waiver of any similar breach or default by the City. The failure of the County to complain of any act or omission to act by the City or to declare the City in default, irrespective of how long such failure continues, shall not constitute a waiver by the County of its rights under this Agreement. 8. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 9. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 10. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 11. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient at the email provided below: 4 of 10 TO THE COUNTY: TO THE CITY: David Downing, Director Kevin Dunbar, Director Visit St. Petersburg/Clearwater Parks and Recreation Dept. 8200 Bryan Dairy Rd., Suite 200 P.O. Box 4748 Largo, FL 33777 Clearwater, FL 33758 David@visitspc.com Kevin.Dunbar@myclearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change shall become effective ten (10) days after receipt by the non-changing party of the written notice of change. 12. WAIVER. No act of omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a duly executed written modification to this Agreement. 13. GOVERNING LAW. This Agreement shall be construed in accordance with the Laws of the State of Florida. 14. JURISDICTION AND VENUE. Venue for any action brought in state court shall be in Pinellas County, Clearwater Division. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division, unless a division shall be created in Pinellas County, in which case the action shall be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 15. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 16. NO THIRD PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third party beneficiaries hereto. 17. HEADINGS. The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 18. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the City and its professional advisors. The County, the City, and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either party merely because of their efforts in preparing it. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and no change will be valid unless made by supplemental written agreement executed by the Parties. 5 of 10 20. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 21. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. The obligations of the County as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate sufficient funding that is required during that year from legally available Tourist Tax Revenues, after funding for secured obligations, essential and necessary tourism services, and Tourist Development Taxes restricted as to use by the Plan have been budgeted and appropriated. Notwithstanding the foregoing, the County shall not be prohibited from pledging any legally available Tourist Development Taxes for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the County pursuant to this Agreement. 22. INDEPENDENT CAPACITY. A. The Parties agree that the City its officers, agents, and employees, in performance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The City agrees to take such steps as may be necessary to ensure that any third-party City contracts with, will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. B. The City has no authority to, and shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 23. DAMAGES. In no event shall either party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage. 24. PUBLIC RECORDS. A. The City acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. The City agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws, regulations, and County policies, including but not limited to the Sec. 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the City agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. B. If the City has questions regarding the application of Chapter 119, Florida Statutes, to the duty to provide public records relating to this contract, contact Pinellas County Convention 6 of 10 and Visitors Bureau (CVB/VSPC) custodian of public records at 727-464-7200, Tim@visitspc.com, or send your questions by mail to: Pinellas County Convention and Visitors Bureau, Tim Ramsberger, 8200 Bryan Dairy Rd., Suite 200, Largo, FL 33777 25. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party’s grace period allowed herein. 26. SURVIVAL. The terms and obligations Section 6, 7, 21, and 23 shall survive the termination of this Agreement. <Signature page follows> 7 of 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: _________________________ By: George N. Cretekos William B. Horne, II Mayor City Manager Approved as to Form: Attest: By: _________________________ By: ____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk ATTEST: PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK OF COURT through its Board of County Commissioners By: _________________________ By: ____________________________ Deputy Clerk Chair APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: ______________________________ 8 of 10 EXHIBIT A The E.C. Moore 8 & 9 Project consisted of the construction of a new meeting facility and press box on top of the existing building. We also renovated the first floor women’s’ restroom facilities, office area, trainers room and concessions. In conjunction with these new additions and enhancements we upgraded the technology at the facility to provide video streaming capability for internet and television. These enhancements have enabled the city to provide a truly first class amateur sports stadium. E.C. Moore fields 8 & 9 seat 1,000 and 1,500 spectators respectively; with these additions we have enhanced our ability to attract top level junior, national and collegiate events solidifying Clearwater’s role as a primary driver for Sports Tourism in the region. Professional Services Estimated Cost A. Architect $ 30,000 B. Engineer $ 5,000 Total Professional Services $ 35,000 Site Development A. Contamination Assessment $ 3,000 B. Permits (E.P.A., F.D.E.P., SWFWMD, County, City, etc.) $ 1,000 C. Demolition site work $ 30,000 Total Site Development $ 34,000 Construction A. Outside Contractors (construct building) $ 696,000 B. Site work $ 100,000 C. Debris removal $ 20,000 D. Landscaping- $ 25,000 E. Technology infrastructure $ 30,000 F. Capital Assets $ 50,000 Total Construction $ 921,000 TOTAL $ 990,000 PROJECT REQUEST FROM TDC $ 495,000 CITY OF CLEARWATER CASH MATCH $ 495,000 9 of 10 EXHIBIT B In consideration of the tourist tax capital funding support for the Eddie C. Moore Softball Complex and the Countryside Sports Complex, the City shall at a minimum provide the following Tourism Promotion Benefits to support promotion and marketing efforts for the destination from the Effective Date through September 30, 2024: 1) A 50% discount on field rental and other City charges for all VSPC sponsored or co-sponsored sports events, games, training or other sports activities (“Events”) held or conducted at any City athletic facility. 2) Locations for permanently installed year -round VSPC signage (paid for by VSPC) prominently displayed at each City athletic facility that hosts VSPC sports Events as mutually determined by the City and VSPC staffs as to exact quantity and placement, in areas that shall include but shall not be limited to outfield fences, dugouts, backstops and other team and spectator areas. 3) PA announcements at Events that promote/market the destination as mutually determined by the City and VSPC staffs. 4) Joint destination marketing/promotion campaigns and activities through social media, advertising, direct sales, public relations and/or other programs as mutually agreed upon by the parties. These Tourism Promotion Benefits are a condition precedent to the capital funding to support and expand sports related tourism, and the City and VSPC staffs shall meet as often as needed to agree on the specific schedules and details of destination marketing/promotion activities as described herein. 10 of 10 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3743 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve Pinellas County Tourist Development Council (TDC) grant agreement for the redesign and renovations of Ruth Eckerd Hall (REH), in the amount of $5,500,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a grant from TDC in the amount of $5,500,000 for redesign and renovations to Ruth Eckerd Hall located at 1111 McMullen Booth Road. These funds will be part of the REH overall capital fund raising campaign to raise $27,000,000 for renovations and improvements. These project funds will be disbursed over a two-year period and be used specifically for enhancements of the west lobby and dress circle, renovation to the box office, ticket canopy, ticket kiosk and marquee sign. Funds will be transferred to REH as they will be managing the project for the City. No additional operating impacts are needed to support this project. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/14/2017 CAPITAL PROJECT FUNDING AGREEMENT Ruth Eckerd Hall THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of ____________________, 2017 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”) and the City of Clearwater a Florida Municipal Corporation (“City”) (collectively, the “Parties” or individually a “Party”). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes §125.0104, the County is authorized to utilize Tourist Development Tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant’s report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide the City with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this Agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. 1 of 10 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth as follows: A. “Capital Project” or “Project” means the improvements to that certain statutorily eligible project/facility commonly known as Ruth Eckerd Hall located in Clearwater, Pinellas County, Florida (“Facility”) set out in the Project budget described in Exhibit A attached hereto and incorporated herein by reference. The Facility is owned by the City and operated by Ruth Eckerd Hall, Inc., a Florida Non-profit corporation (“REH”). B. “Tourist Promotion Benefits” means any and all tourism promotion and/or marketing benefits provided by the City through REH to market/promote the destination through Visit St. Petersburg Clearwater (“VSPC”) as part of the consideration for the County funding of the Project, as further described in Exhibit B attached hereto and incorporated herein by reference. C. “Tourist Tax Revenues” means any legally available tourist tax revenues levied and collected by the County pursuant to Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2020 ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. The City of Clearwater continues to own and Ruth Eckerd Hall, Inc. continues to operate the facility. B. The City, through Ruth Eckerd Hall, provides to the County the Tourism Promotion Benefits. C. The Plan authorizes Tourist Tax Revenues to be expended for such capital improvements. D. The Capital Project is completed no later than September 30, 2020. E. The City and REH matching funds must be maintained and County must be notified immediately if those matching funds are lost or become unavailable. F. Any and all funds utilized to complete the Capital Project funded herein must be expended first before County funds are expended on the Project in accordance with the reimbursement requirements in Section 5.A. 2 of 10 5. COUNTY'S RESPONSIBILITIES. Upon providing documentation establishing satisfaction of the conditions precedent as required in Section 4 required by the County, the County agrees to pay to the City Capital Project funds in the sum of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000.00), from legally available Tourist Tax Revenues and from no other revenue source of the County, subject to the adjustments as provided in Sections 6.C. and 7, as follows: A. Reimbursement Payments shall be made in annual payments of not exceeding Two Million Seven Hundred and Fifty Thousand Dollars ($2,750,000.00) during the County’s FY 2017/2018 and FY 2018/2019 fiscal years which commence on October 1 and end on September 30 of the fiscal year, upon receipt of a payment request from the City directed to the VSPC at the address set out in Section 11.A., with such documentation as reasonably required herein or by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) the work completed that the City is seeking reimbursement for; (ii) proof of payment for the work; (iii) a certification from the either the contractor, design professional, or the City certifying the work has been completed and paid for before submittal of the payment request. The payment requests shall be no more frequent than quarterly after compliance with the requirements of Section 4 herein. B. County’s contributions of Capital Project funds herein shall in no event exceed any amount agreed to herein and any and all excess project costs are the sole responsibility of City. C. The Capital Project Funds shall be paid in accordance with Section 218.70 et seq., Florida Statutes, "The Local Government Prompt Payment Act." 6. CITY’S RESPONSIBILITIES. During the Term of this Agreement, the City shall: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all permits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete the Project within the Project Budget on an agreed upon date, but in any event, no later than the term of this agreement. The City may elect to increase the Project Budget or any component part thereof with notice to the County, and shall be solely responsible for the additional costs and expenses, including any cost overruns, on the Project. C. Notify County of any project cost savings or changes in scope of work that reduces project costs so County may reduce its contribution on a pro rata basis. D. Provide the Tourism Promotion Program benefits for a period of ten years from the completion of the Project. E. Operate, maintain, repair, replace, and insure the Facility in a manner consistent with other comparable performing arts auditoriums in Pinellas County. 3 of 10 7. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following shall constitute an event of default (each, an "Event of Default") hereunder: 1. A breach by the City of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof shall have been given to City except for a breach of those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. The City voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 3. A payment request containing a material misrepresentation; 4. The City or REH ceases operations of the Capital Project or Facility during the period set out in Section 6.D. herein. 5. The Tourist Tax Revenues legally available to pay this obligation are repealed or expire as provided by law. 6. The City fails to pay taxes and/or assessments, if any, when due. B. Remedies. Upon or at any time after the occurrence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving seven (7) calendar days ’ notice to the City. The County shall then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the City shall repay to the County all Capital Project Funds received by it for the Project; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity pursuant to Florida law. C. No consent or waiver, express or implied, by the County to or of any breach or default by the City in the performance of its obligations under this Agreement shall constitute a consent to or waiver of any similar breach or default by the City. The failure of the County to complain of any act or omission to act by the City or to declare the City in default, irrespective of how long such failure continues, shall not constitute a waiver by the County of its rights under this Agreement. 4 of 10 8. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 9. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 10. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 11. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient at the email provided below: TO THE COUNTY: TO THE CITY: David Downing, Director Kevin Dunbar, Director Visit St. Petersburg/Clearwater Parks and Recreation Dept. 8200 Bryan Dairy Rd. Suite 200 P.O. Box 4748 Largo, FL 33777 Clearwater, FL 33758 David@visitspc.com Kevin.Dunbar@myclearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change shall become effective ten (10) days after receipt by the non-changing party of the written notice of change. 12. WAIVER. No act of omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a duly executed written modification to this Agreement. 13. GOVERNING LAW. This Agreement shall be construed in accordance with the Laws of the State of Florida. 14. JURISDICTION AND VENUE. Venue for any action brought in state court shall be in Pinellas County, Clearwater Division. Venue for any action brought in federal court shall be in the 5 of 10 Middle District of Florida, Tampa Division, unless a division shall be created in Pinellas County, in which case the action shall be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 15. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 16. NO THIRD PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third party beneficiaries hereto. 17. HEADINGS. The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 18. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the City and its professional advisors. The County, the City, and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either party merely because of their efforts in preparing it. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and no change will be valid unless made by supplemental written agreement executed by the Parties. 20. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 21. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. The obligations of the County as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate sufficient funding that is required during that year from legally available Tourist Tax Revenues after funding for secured obligations, essential and necessary tourism services, and Tourist Development Taxes restricted as to use by the Plan have been budgeted and appropriated. Notwithstanding the foregoing, the County shall not be prohibited from pledging any legally available Tourist Development Taxes for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the County pursuant to this Agreement. 22. INDEPENDENT CAPACITY. A. The Parties agree that the City its officers, agents, and employees, in performance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The City agrees to take such steps as may be necessary to ensure that any third-party City contracts with, will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. 6 of 10 B. The City has no authority to, and shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 23. DAMAGES. In no event shall either party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage. 24. PUBLIC RECORDS. A. The City acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. The City agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws, regulations, and County policies including but not limited to the Sec. 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the City agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. B. If the City has questions regarding the application of Chapter 119, Florida Statutes, to the duty to provide public records relating to this contract, contact Pinellas County Convention and Visitors Bureau (CVB/VSPC) custodian of public records at 727-464-7200, Tim@visitspc.com, or send your questions by mail to: Pinellas County Convention and Visitors Bureau, Tim Ramsberger, 8200 Bryan Dairy Rd., Suite 200, Largo, FL 33777. 25. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party’s grace period allowed herein. 26. SURVIVAL. The terms and obligations Section 6, 7, 21, and 23 shall survive the termination of this Agreement. <Signature page follows> 7 of 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: _________________________ By: George N. Cretekos William B. Horne, II Mayor City Manager Approved as to Form: Attest: By: _________________________ By: ____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk ATTEST: PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK OF COURT through its Board of County Commissioners By: _________________________ By: ____________________________ Deputy Clerk Chair APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: ______________________________ 8 of 10 EXHIBIT A Phase Area of Cost/Estimat 1 Capitol Theatre Renovation COMPLETED 10,839,60 $ 2 HVAC Replacement at Main Facility - COMPLETED 2,500,00 $ Existing Closed Loop DX + New Code Fresh Added Scope: Stainless Steel Equip. & Chemical Water 3 Murray Theatre Renovation - COMPLETED 1,500,00 $ 4 Margarete Heye Great Room Renovation - COMPLETED 1,500,00 $ 5 External & Internal Improvements to Main West Lobby & Dress 5,278,00 $ Ticket Canopy/Renov. Box 182,000 $ Ticket Kiosk & Marquee 104,000 $ Marcia P. Hoffman Stage (Lighting, Sound & 93,600 $ Site Work, Landsape, Plaza 1,950,00 $ Parking & Road and Building Entrance Signage (No Major Intersection Added Turn TBD Marcia P. Hoffman Administration 364,000 $ Move AC to New 15,600 $ Grand Concourse (& Existing 135,200 $ Owner's 305,000 $ Owner's Bar/Food Service - West Lobby/Dress 100,000 $ Owner's Misc. AV 50,000 $ Owner, CM & Design 400,000 $ Design & Engineering Fees Incl. 300,000 $ Design & Engineering 135,000 $ Add Back Entry Road 93,600 $ AV & Lighting Package - Lighting, Displays, Projectors, 78,000 $ Staff Wish List 52,000 $ Exterior Repaint Masonry & 166,400 $ Exterior Repaint Pipe Fascia & Repair Deteriorated 130,000 $ Re-roof Balance of Building 260,000 $ Resurface Existing W Parking/Asphalt (No New 208,000 $ Rework Existing W Parking Curbing & 130,000 $ Rework W Parking Striping & INCL Resurface Existing N Parking/Asphalt (No New TBD Replace Site 130,000 $ Total Budget - All Campaign 27,000,00 $ Pro-Forma Budget: "Expanding the Experience" Capital Campaign - All 9 of 10 EXHIBIT B Ruth Eckerd Hall agrees to provide the following Tourism Benefits as part of the Capital Project Funding Agreement for a period of ten years from the completion of the Project or as otherwise specified herein: 1. A permanent dedicated location of at least 10’ x 15’ inside the REH lobby in a prominent area as mutually agreed to by REH and VSPC for a VSPC digital welcome center, which may include but not be limited to digital equipment (provided by VSPC) and amenities such as a desk and display racks, for staff activity and distribution of VSPC promotion information and marketing collateral/literature. 2. Promotional opportunities for up to 20 events at REH on an annual basis, both pre and post event activation outdoors at the Facility to include, but not be limited to a VSPC branded activations vehicle and/or a tent and equipment for promotions activations. 3. Placement of VSPC branding on all REH event tickets or passes, except for third party vendor tickets that prohibit placement on the ticket by agreement with REH. 4. One full page full color advertisement to be placed in each printed playbill/program, or the equivalent that is produced and distributed (VSPC will provide the ad at its expense). 5. Inclusion of the VSPC logo and link to the VSPC website in a prominent location on the main page of the REH website. 6. Joint REH and VSPC promotion and marketing through social media, advertising, direct sales, public relations and other programs as mutually agreed to by REH and VSPC. 10 of 10 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3744 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve Pinellas County Tourist Development Council (TDC) grant agreement for the Countryside Sports Complex renovations and construction, in the amount of $1,900,000, between Pinellas County and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a grant from TDC in the amount of $1,900,000 for renovations to the Countryside Sports Complex (CSC) located at 3060 McMullen Booth Road. These funds will assist the City in the demolition and consolidating of various smaller buildings servicing the CSC into one new building which will consist of restrooms, concession, meeting rooms, locker, storage and press box. Additional work to include improved drainage, parking lot, lighting, and field improvements (enhancements). The overall project will be phased in over 2 years. The City Council will be considering awarding a contract for the design of the new building at the August 16, 2017 meeting. It is anticipated that the project will be completed by July, 2018 prior to the 2018 Countryside Cougar Youth Football season. The current total budget for the project is $2,888,000. Staff continues to work on securing additional funds from the State and other municipalities to assist with this project. Minimal additional operating impacts if any are needed to support this project as this is a renovation and many of the inefficient structures currently in use will be replaced. The approval of this grant and the renovation of the park are consistent with the Parks and Recreation Master Plan Update 2013. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/14/2017 CAPITAL PROJECT FUNDING AGREEMENT Countryside Sports Complex THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of ____________________, 2017 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”) and the City of Clearwater, a Florida Municipal Corporation (“City”) (collectively, the “Parties” or individually a “Party”). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes §125.0104, the County is authorized to utilize Tourist Development Tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant’s report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide the City with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this Agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. 1 of 10 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth as follows: A. “Capital Project” or “Project” means the improvements to that certain statutorily eligible project/facility commonly known as Countryside Sports Complex located in Clearwater, Pinellas County, Florida (“Facility”) set out in the Project budget described in Exhibit A attached hereto and incorporated herein by reference. B. “Commencement Date” means the date that the City commences construction of the Capital Project improvements on the project site after completion of the project design and the issuance of all permits and approvals necessary to construct the Capital Project. C. “Tourist Promotion Benefits” means any and all tourism promotion and/or marketing benefits provided by the City to market/promote the destination through Visit St. Petersburg Clearwater (“VSPC”) as part of the consideration for the County funding of the Project, as further described in Exhibit B attached hereto and incorporated herein by reference. D. “Tourist Tax Revenues” means any legally available tourist tax revenues levied and collected by the County pursuant to Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2020 ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. The City continues to own and operate the facility. B. The City provides to the County the Tourism Promotion Benefits as described in Exhibit B. C. The Plan authorizes tourist tax revenues to be expended for such capital improvements. D. The Commencement Date occurs no later than September 30, 2018. E. The City matching funds must be maintained and County must be notified immediately if those matching funds are lost or become unavailable. F. Any and all City funds utilized to complete the Capital Project funded herein must be expended first before County funds are expended on the Project in accordance with the reimbursement requirements in Section 5.A. 2 of 10 5. COUNTY'S RESPONSIBILITIES. Upon providing documentation establishing satisfaction of the conditions precedent as required in Section 4 required by the County, the County agrees to pay to the City Capital Project Funds in the sum of not to exceed One Million Nine Hundred Thousand Dollars ($1,900,000.00), from legally available Tourist Tax Revenues and from no other revenue source of the County, subject to the adjustments as provided in Sections 6.C. and 7, as follows: A. Reimbursement Payments shall be made in annual payments of not exceeding Nine Hundred and Fifty Thousand Dollars ($950,000.00) during the County’s FY 2017/2018 and FY 2018/2019 fiscal years which commence on October 1 and end on September 30 of the fiscal year, upon receipt of a payment request from the City directed to the VSPC at the address set out in Section 11.A., with such documentation as reasonably required herein or by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) the work completed that the City is seeking reimbursement for; (ii) proof of payment for the work; (iii) a certification from either the contractor, design professional, or the City certifying the work has been completed and paid for before submittal of the payment request. The payment requests shall be no more frequent than quarterly after compliance with the requirements of Section 4 herein. B. County’s contributions of Capital Project funds herein shall in no event exceed any amount agreed to herein and any and all excess project costs are the sole responsibility of the City. C. The Capital Project Funds shall be paid in accordance with Section 218.70 et seq., Florida Statutes, "The Local Government Prompt Payment Act." 6. CITY’S RESPONSIBILITIES. During the Term of this Agreement, the City shall: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all permits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete the Project within the Project Budget on an agreed upon date, but in any event, no later than the term of this agreement. The City may elect to increase the Project Budget or any component part thereof with notice to the County, and shall be solely responsible for the additional costs and expenses, including any cost overruns, on the Project. C. Notify County of any project cost savings or changes in scope of work that reduces project costs so County may reduce its contribution on a pro rata basis. D. Provide the Tourism Promotion Program benefits through September 30, 2024. E. Operate, maintain, repair, replace, and insure the Facility in a manner consistent with other comparable sports stadiums/facilities in Pinellas County. 3 of 10 7. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following shall constitute an event of default (each, an "Event of Default") hereunder: 1. A breach by the City of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof shall have been given to City except for a breach of those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. The City voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 3. A payment request containing a material misrepresentation; 4. The City ceases operations of the Capital Project or Facility before October 1, 2024. 5. The Tourist Tax Revenues legally available to pay this obligation are repealed or expire as provided by law. 6. The City fails to pay taxes and/or assessments, if any, when due. B. Remedies. Upon or at any time after the occurrence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving seven (7) calendar days ’ notice to the City. The County shall then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the City shall repay to the County all Capital Project Funds received by it for the Project; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity pursuant to Florida law. C. No consent or waiver, express or implied, by the County to or of any breach or default by the City in the performance of its obligations under this Agreement shall constitute a consent to or waiver of any similar breach or default by the City. The failure of the County to complain of any act or omission to act by the City or to declare the City in default, irrespective of how long such failure continues, shall not constitute a waiver by the County of its rights under this Agreement. 4 of 10 8. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 9. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 10. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 11. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient at the email provided below: TO THE COUNTY: TO THE CITY: David Downing, Director Kevin Dunbar, Director Visit St. Petersburg/Clearwater Parks and Recreation Dept. 8200 Bryan Dairy Rd. Suite 200 P.O. Box 4748 Largo, FL 33777 Clearwater, FL 33758 David@visitspc.com Kevin.Dunbar@myclearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change shall become effective ten (10) days after receipt by the non-changing party of the written notice of change. 12. WAIVER. No act of omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a duly executed written modification to this Agreement. 13. GOVERNING LAW. This Agreement shall be construed in accordance with the Laws of the State of Florida. 14. JURISDICTION AND VENUE. Venue for any action brought in state court shall be in Pinellas County, Clearwater Division. Venue for any action brought in federal court shall be in the 5 of 10 Middle District of Florida, Tampa Division, unless a division shall be created in Pinellas County, in which case the action shall be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 15. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 16. NO THIRD PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third party beneficiaries hereto. 17. HEADINGS. The paragraph headings are inserted herein for convenience and reference only and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 18. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the City and its professional advisors. The County, the City, and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either party merely because of their efforts in preparing it. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and no change will be valid unless made by supplemental written agreement executed by the Parties. 20. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 21. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. The obligations of the County as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate sufficient funding that is required during that year from legally available Tourist Tax Revenues, after funding for secured obligations, essential and necessary tourism services, and Tourist Development Taxes restricted as to use by the Plan have been budgeted and appropriated. Notwithstanding the foregoing, the County shall not be prohibited from pledging any legally available Tourist Development Taxes for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the County pursuant to this Agreement. 22. INDEPENDENT CAPACITY. A. The Parties agree that the City its officers, agents, and employees, in performance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The City agrees to take such steps as may be necessary to ensure that any third-party City contracts with will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. 6 of 10 B. The City has no authority to, and shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 23. DAMAGES. In no event shall either party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage. 24. PUBLIC RECORDS. A. The City acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. The City agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws, regulations, and County policies including but not limited to the Sec. 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the City agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. B. If the City has questions regarding the application of Chapter 119, Florida Statutes, to the duty to provide public records relating to this contract, contact Pinellas County Convention and Visitors Bureau (CVB/VSPC) custodian of public records at 727-464-7200, Tim@visitspc.com, or send your questions by mail to: Pinellas County Convention and Visitors Bureau, Tim Ramsberger, 8200 Bryan Dairy Rd., Suite 200, Largo, FL 33777. 25. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party’s grace period allowed herein. 26. SURVIVAL. The terms and obligations Section 6, 7, 21, and 23 shall survive the termination of this agreement. <Signature page follows> 7 of 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: _________________________ By: George N. Cretekos William B. Horne, II Mayor City Manager Approved as to Form: Attest: By: _________________________ By: ____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk ATTEST: PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK OF COURT through its Board of County Commissioners By: _________________________ By: ____________________________ Deputy Clerk Chair APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: ______________________________ 8 of 10 EXHIBIT A The Countryside Sports Complex currently consists of four multipurpose fields and accessory buildings that were constructed separately over the last 30 years. Due to this piece meal construction these buildings do not meet a suitable design and the fields are not regulation. This project allows for the addition of another regulation size athletic field as well as new storage, meeting space, concession stand and locker rooms. In addition to combining these three separate buildings into one structure we will also be renovating the press box which does not meet current ADA standards. The upgraded press box will provide universal access to all users. While making the press box ADA accessible we will also be enhancing and upgrading the technology allowing us to broadcast and live stream events. The ability to broadcast and provide a suitable space for the media creates a platform for the City to host national and international amateur events. The upgraded press box along with new meeting rooms and locker rooms will be a catalyst for us to attract top level amateur events from around the globe. Theses upgrades to the Countryside Sports Complex combined with the existing spectator seating of 1,500 will truly make this a world class amateur sporting stadium. Professional Services Estimated Cost A. Architect & Engineering $ 225,000 B. Surveying $ 43,000 Total Professional Services $ 268,000 Site Development A. Demolition $ 181,625 Total Site Development $ 181,625 Construction A. Outside Contractors (construct building) $ 2,511,500 B. Site work $ 1,161,733 C. Capital assets $ 88,500 D. Landscaping- (includes new athletic turf and irrigation system) $ 214,123 Total Construction $ 3,975,856 Subtotal $ 4,425,481 15% Contingency $ 663,822 TOTAL $ 5,089,303 PROJECT REQUEST FROM TDC $ 1,900,000 CITY OF CLEARWATER CASH MATCH $ 3,189,303 9 of 10 EXHIBIT B In consideration of the tourist tax capital funding support for the Eddie C. Moore Softball Complex and the Countryside Sports Complex, the City shall at a minimum provide the following Tourism Promotion Benefits to support promotion and marketing efforts for the destination from the Effective Date through September 30, 2024: 1) A 50% discount on field rental and other City charges for all VSPC sponsored or co-sponsored sports events, games, training or other sports activities (“Events”) held or conducted at any City athletic facility. 2) Locations for permanently installed year -round VSPC signage (paid for by VSPC) prominently displayed at each City athletic facility that hosts VSPC sports Events as mutually determined by the City and VSPC staffs as to exact quantity and placement, in areas that shall include but shall not be limited to outfield fences, dugouts, backstops and other team and spectator areas. 3) PA announcements at Events that promote/market the destination as mutually determined by the City and VSPC staffs. 4) Joint destination marketing/promotion campaigns and activities through social media, advertising, direct sales, public relations and/or other programs as mutually agreed upon by the parties. These Tourism Promotion Benefits are a condition precedent to the capital funding to support and expand sports related tourism, and the City and VSPC staffs shall meet as often as needed to agree on the specific schedules and details of destination marketing/promotion activities as described herein. 10 of 10 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3747 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to Wannemacher Jenson Architects, Inc. of St. Petersburg, FL, in the amount of $152,000 for architectural and engineering services for the design of a new building to house restrooms, concession, pressbox, storage, meeting rooms and lockers at the Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: The Council approved establishing a new Capital Improvement Project in Fiscal Year 2016/17 entitled Countryside Plex Restroom /Concession/Storage Building for $800,000 to address the needs to replace some of the inadequate structures supporting this major sports complex. The City applied for a TDC grant and was awarded $1.9 million and an appropriation of $2 million was requested from our state legislators. The City issued a letter of interest to all of the Architects of Record (AOR) regarding their qualifications, availability, and references regarding this project. Five of the seven AOR responded to the letter detailing their interest in doing this project. Staff evaluated the responses and all five firms submitting letters of interest and determined that all are qualified to do the project and have the necessary credentials needed to complete this type of building. The staff review committee recommends awarding a contract to Wannemacher Jenson Architect, Inc. for $152,000 for this work based on their comprehensive experience of designing similar sports projects and availability of staff and resources to complete the project within the necessary schedule. This contract provides for the design of a multipurpose two story structure situated on the east side of the northeastern most field and currently used as the premier game field. The scope of services included in this contract include design development, construction documents, permit assistance, bid assistance and construction administration. This item supports the City Strategic Direction and priorities for quality by providing new infrastructure for the citizens of Clearwater. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 315-93652 Countryside Plex Restroom / Concession/Storage to fund the contract. Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3747 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 180 Mirror Lake Drive North / St. Petersburg, Florida 33701 / 727.822.5566 / www.wjarc.com / AA0002277 Leroy Chin Project Manager City of Clearwater, Parks and Recreation Department 100 S. Myrtle Avenue Clearwater, FL 33756 July 28, 2017 Ref: Architectural and Engineering Design Services Proposal for the Design of Countryside Sports Complex Athletic Facility Building Dear Leroy, Wannemacher Jensen Architects, Inc. is pleased to submit this proposal to provide Services for the Design of Countryside Sports Complex Athletic Facility Building. This proposal is based upon the City of Clearwater’s Letter of Interest dated 6/23/17, a meeting with you on 7/17/17 and the following assumptions. Project Description/Information Location: Countryside Sports Complex 3060 McMullen Booth Rd Clearwater, FL 33761 Scope of Basic Services The Basic Services below consist of the usual and customary Design Development, Construction Documents, Permitting/Bidding, and Construction Administration for architectural, structural, mechanical, and electrical engineering services. Basic Services consists of framework, the perimeter/exterior walls, the building core and columns, and other structural, load-bearing elements of the building. Services not set forth in the Scope of Basic Services are considered Additional Services. 1. Total project budget is $1,600,000. This includes building construction two stories with an elevator, with significant plumbing and a kitchen. 2. The building is assumed to be approximately 7,000 sf. However, the building square footage may need to be reduced to stay within budget. 3. Please note that we will work diligently to keep the project within budget. If during the design process, the building sf and/or other program requirements mandate that the construction budget be increased and the City provides additional funds, we would respectfully request that our Fee be adjusted to reflect this increase in budget. 4. The building will not be designed as a hurricane shelter nor will it require an emergency generator. 5. Landscape & Irrigation Design Drawings & Technical Specifications will be designed, prepared, managed and coordinated by the City. This includes coordination with Electrical and Plumbing design consultants. Leroy Chin July 28, 2017 Page 2 6. The City will contract and coordinate directly all work by Duke Energy, Verizon, Spectrum, Telephone & Data Wiring, Security System, Fire Alarm, Speakers and Sound System. Our drawings will provide locations for all infrastructures to support their requirements only. 7. The City will contract directly with Deuel & Associates for Civil Engineering and SWFWMD permitting. All coordination will be performed by Leroy Chin. 8. The City will contract and coordinate directly with a Geotechnical consultant to perform soil borings and prepare a report. The Architect and Civil engineer will provide location of soil borings and any other geotechnical reporting requirements. 9. The City will provide the Design Team with a topographical/tree survey of the entire site. 10. The approximate Building Program includes the following list of spaces. • Restrooms, Concessions, Storage, Pressbox, Meeting Rooms, Locker rooms, Showers 11. The City’s Security Vendor will identify quantity, location, equipment, cable type, hardware, etc. for all key pads, door alarm pads, cameras and other security/access control equipment. Our scope of services will include the incorporation of required interior and exterior infrastructure into the documents. The City will provide drawings and cut sheets to the Architect and Electrical Engineer locating all equipment. All coordination will be performed by Leroy Chin. 12. The City would like to complete the permit process prior to issuing the documents for bid. 13. It is anticipated that construction would begin during the first quarter of 2018. SCOPE OF WORK DESIGN 1. Integrate primary and secondary building design schematics with design schematics to include the mechanical, electrical and communications engineering disciplines based upon approved schematic design documents. 2. Incorporate structural design solutions and/or alternates with architectural designs. 3. Prepare notes listing the major materials and room finishes. 4. Meet with all design team consultants and coordinate systems. 5. Evaluate design alternatives for the building. 6. Coordinate drawings and backgrounds with all team consultants. 7. Recommend locations of the geotechnical testing program to analyze subsoil conditions for use in foundation and underground construction design. All coordination will be performed by Leroy Chin. 8. Prepare preliminary architectural plans, elevations and building sections. 9. Total of 2 meetings with the City Parks and Recreation staff to review plans. 10. Prepare meetings notes. 11. Prepare one estimate of the Cost of Work based on the current area, volume, or similar conceptual estimating techniques. CONSTRUCTION DOCUMENTS 1. Prepare detailed drawings to illustrate all aspects of the proposed design based upon approved Design Documents. 2. Architectural Plans, Elevations, Building Sections, Wall Sections, Interior Elevations, interior and Exterior Details, etc. 3. Mechanical, Electrical, Plumbing, Life Safety Engineering Plans, Legends, Details, Schedules, Notes, Risers, etc., including quantity & location for the voice/data & audio/visual infrastructure. 4. Structural Foundation Plans, Framing Plans, Wall Sections, Details, etc. Leroy Chin July 28, 2017 Page 3 5. Technical book specifications will be provided only for items that are not specified on the Drawings. Front end specifications will be provided by the City. 6. Prepare 80% complete review set. 7. Meetings with all Design Team consultants. Owner may wish to attend these meetings. 8. Respond in writing to the City’s review comments. PERMIT ASSISTANCE 1. Prepare documents for permit submittal to the City. Leroy will facilitate the submittal. 2. 4 complete sets of signed and sealed Construction Documents, also including civil, landscape and irrigation plans prepared by the Owner’s consultants. 3. Creation of revised drawings as required – 4 each signed and sealed. 4. Responses to permit review comments as required. 5. The City of Clearwater building plans review fees will be paid by the City. 6. Building, right-of-way, etc. permitting fees will be paid by the Owner or Contractor. BID ASSISTANCE 1. The City of Clearwater will prepare the advertisement for bids, general conditions, legal documents and appendices associated with the technical specifications. 2. The City of Clearwater will handle distribution of all bid documents, including addenda. 3. Assist the City of Clearwater with bid addenda as required to respond to Contractor’s questions. 4. Note that electronic copies of the construction documents will be provided to the City via DropBox. These files are for the City's use only. The City shall agree not to modify, change or reuse the computer files without the knowledge or written consent of the design professional. CONSTRUCTION ADMINISTRATION Note that Tasks 1 thru 8 below are performed by the Architect, the MEP/FP Engineers and the Structural Engineer. All consultant correspondence is via the Architect. 1. Shop drawing and submittal review. 2. Telephone and email coordination and correspondence. 3. Respond to Contractor's questions and need for clarifications. 4. Issue Supplemental instructions and drawings. 5. Attendance at substantial completion walk-through – one time only. 6. Preparation of a single punch list. 7. Review Contractor prepared as-built drawings, close-out doc’s, O&M manuals & warranties. 8. The City’s Parks & Recreation Dep’t, and the Architect & Engineers will perform the following: • Review and monitor the Contractor's critical path schedule. • Review of Contractor's schedule of values. • Review of Contractor's pay application. 9. A 5 month Construction Schedule is assumed to substantial completion with 1 additional month until final completion. 10. Near the conclusion of building construction and for the purposes of obtaining as-builts from the Contractor, the design team will forward a CD to the City containing the Drawing Sheets necessary to complete as-builts. These files will be forwarded to the Contractor by the City. 11. Planned Construction Site Visits are as follows: DISCIPLINE PLANNED SITE VISITS Architecture 6 * Leroy Chin July 28, 2017 Page 4 Mechanical/Electrical 3 * Site visits by the Architect’s Project Manager includes 1 meeting per month for 5 months, including the Substantial Completion Punchlist. One additional site visit is included to review the Final Punchlist. Note that if additional site visits or punchlist walk-throughs are required because of the Contractor's failure to complete the project, we will request additional services based on our hourly rates. * If the construction duration extends beyond 6 months, because of the Contractor's failure to complete the project, we will request add services that will be paid for by the Contractor. SERVICES NOT INCLUDED IN THE FEE • We assume that Community Meetings and/or Neighborhood Presentations will not be necessary. • Note that sustainable building features and environmental issues will be considered and discussed with the City of Clearwater during the design process however services associated with LEED and/or Green Globe building certification is not included. • The construction delivery method is assumed to be traditional hard bid. If a different method is utilized, such as construction manager, it will result in add services if the Architect is asked to participate in the selection process and assist in the development of a RFQ. • Life cycle cost analysis of any system. • Value engineering of any system or product after the Bid Phase except if the price is higher than the probable cost estimate performed by the Cost Consultant after 80% Construction Documents, then the Architect will assist with value engineering. • Owner requested changes to the scope after 80% construction documents. • Additional site visits as requested by the Owner or as required by the Contractor’s failure to comply with the documents, codes or support the construction schedule. • Building commissioning services. • Building Information Modeling (BIM). • 3-dimensional physical presentation model/3-dimensional building renderings. • Record drawing production to document Contractor notations or changes in the CAD files. This includes documentation of field modifications made by the Contractor that may be required to obtain a certificate of occupancy. • Assistance with new furniture selection and furniture specifications. • Creation of a color board. • Lightning protection design specifications. • Specification of telecommunications cables. • Design of end user active electronic components are not included, i.e. telephone systems, ethernet desktop devices, UPS’s, wireless access points, paging systems, audio/video systems, etc. • Identify quantity, location, cable type, camera type, NVR/DVR type, etc. for a CCTV surveillance system. • Identify quantity, location, cable type, hardware, etc. for an access control system. DESIGN TEAM MEMBERS Wannemacher Jensen Architects, Inc. Architecture MCE Structural Engineering Carastro Engineering Electrical Engineering, Fire Alarm, Mechanical, Plumbing, Leroy Chin July 28, 2017 Page 5 PROPOSED FEES: The following is a summary of the total fees for all services listed above. Task Basic Services Total Fee Task 1 Design $52,000 Task 2 Construction Documents $67,500 Task 3 Bidding $5,500 Task 4 Construction Admin $25,000 Total $150,000 Estimated Reimbursables $2,000 Reimbursable Expenses Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the design team directly related to the Project. Compensation for reimbursable expenses shall be the cost of expenses incurred plus 10%. Reimbursable expenses include but are not limited to: 1. Courier, Mail and Delivery. 2. Dedicated data and communication services, teleconferences, project websites and extranets. 3. Application fees and fees paid to secure approval from authorities with jurisdiction over the Project. 4. Transportation and travel. Mileage at $0.575 per mile. 5. Renderings, Models, mock-ups, professional photography, and presentation materials 6. Owner requested insurance in excess of that normally carried by the Architect or Architect’s Consultants. 7. Other similar Project-related expenditures. All printing will be done by Jiffy at the City’s expense. Additional Services Compensation Additional work outside of the scope stated herein will be billed at hourly rates below or negotiated as a lump sum at the time of the request. 1. If the construction budget is raised by the owner more than 5% then an additional A/E fee shall be applied for the increased budget amount. 2. Additional Services will be required for any Bid Alternates that require additional design and/or drawing effort. 3. Additional Services of the Architect’s consultants shall be the amount invoices to the Architect plus 15%. Hourly Rate Schedule Principals $236.00 Associate Architect, Engineer or Registered Designer $151.00 Intern Architect $100.00 Administrative $75.00 Leroy Chin July 28, 2017 Page 6 Payment Provisions 1. Invoices will be prepared monthly and reflect progress to date. (15 days net). 2. Amounts unpaid 60 days from the invoice date are subject to 1.5% interest - 18% annually. Thanks for the opportunity to propose services for your project. Please call if you have any questions or comments about this proposal. Sincerely, Wannemacher Jensen Architects, Inc. Lisa Wannemacher, AIA, Principal Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3763 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Establish a new Capital Improvement Project entitled Jack Russell Stadium Practice Field Renovations (CIP 315-93674) for the renovations of the practice field located behind the right outfield wall of Jack Russell Stadium and approve the transfer of $550,000 from general fund reserves to fund this project. (consent) SUMMARY: Prior to the 2017 season, the Tampa Bay Rays replaced their synthetic turf field at Tropicana Field and donated the turf that was removed to the City. The current turf field at Jack Russell Stadium was originally installed by the Philadelphia Phillies over 20 years ago and should have been replaced much sooner. Players still use the area for practice and training but it is limited due to the condition of the existing turf. This practice field will allow not only our current home teams and user groups (i.e., Clearwater High School and St. Petersburg College) but other college and higher level competitive teams to use the area for training and practice. The projected cost to install the donated turf from the Rays is $550,000 which includes an area of about 225 ft. by 225 ft., improved lighting, fencing and electrical. Staff is recommending that general fund reserves be allocated now, in order to take advantage of the donated turf and thus savings to the City. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will provide a transfer of $550,000 from General Fund Reserves, to capital improvement project 315-93674, Jack Russell Stadium Practice Field Renovations, to fund this contract. 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 $550,000 to capital improvement project 315-93674, Jack Russell Stadium Practice Field Renovations. Inclusive of this item if approved, a net total of $8,543,663 of General Fund reserves has been appropriated by Council to fund expenditures in the 2016/17 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $13.5 million, or 10.3% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3764 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.7 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $149,410, for site work and construction to complete the entry way at the Florida Veteran War Memorial at Crest Lake Park and authorize the appropriate officials to execute same. (consent) SUMMARY: Phase I of the Florida Veteran War Memorial at Crest Lake Park was the dedication on Memorial Day, May 30, 2016. Since that time the Tampa Bay Veteran ’s Alliance (TBVA) has attempted to raise additional funds to complete the memorial. Pinellas County has entered into an agreement with TBVA to contribute $150,000 for the completion of the entrance walkway leading into the memorial from Gulf to Bay. This contract is for the construction of the sidewalk, landscaping, lighting and sitework needed to complete the walkway to Gulf to Bay. Additional improvements to finalize the entrance plaza at the corner of Gulf to Bay and Lake Ave. will be included in a future contract to renovate Crest Lake Park including relocation of utilities. The TBVA is still fund raising in order to complete Phase II of the project which will be to install monuments representing all service branches of the military. If approved, Keystone Excavators will begin site work and construction immediately to hopefully be completed by Veterans Day 2017. Keystone Excavators was selected under the RFQ process based on qualifications, experience on similar projects, staff experience and availability, and knowledge of City standards. Keystone has been the selected low bidder on many past City projects of similar scope and the City was pleased with their performance. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment recognizing a budget increase of $150,000 in donation revenue to capital improvement project 315-93647, Crest Lake Park Veterans War Memorial to fund this contract. Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3764 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3716 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period commencing November 1, 2017 and terminating on October 31, 2020, and authorize the appropriate officials to execute same. (consent) SUMMARY: Historically, commencing November 1, 2001 the Clearwater City Council has approved lease agreements between the YWCA of Tampa Bay and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater. The premises were utilized to create and operate a central one-stop facility that housed many relevant services needed by Clearwater’s Hispanic community. The City of Clearwater currently has a lease with the InterCultural Advocacy Institute, Inc. (ICAI) for the premises located at 612 Franklin Street, Clearwater, Florida, terminating on October 31, 2017, for the operation of the Hispanic Outreach Center (HOC). To date, all partnerships involving the premises known as the HOC and the attendant community programs have been very successful and have received public acclaim. A current listing of some of the services/programs offered at the HOC include: ·Referring both victims and witnesses to CPD. ·Referring individuals to civil court or other non-profits for assistance. ·Handling domestic injunctions and referrals. ·Training & Consultation. Topics include Human Trafficking, wage theft, refugee resettlement outreach, police-minority relations, and cultural integration. ·Collaborating with Community Organizations such as the Mexican Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast Legal Services, and others, to provide on-site services for the Hispanic community. ·Managing the Hispanic leadership Council , of which the City of Clearwater and the Clearwater Police Department are members, to enhance services and access for the Hispanic community. Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3716 ·Providing Interpreter and victim advocacy services . These services respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the Lessee, or CPD. ·Providing English for Speakers of Other Languages (ESOL) classes coordinated by the HOC. ·Administering Youth services . HOC administers various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs focus on risk reduction and the development of individual and leadership skills needed in adulthood. ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this ____ day of __________, 2017, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor," and the INTERCULTURAL ADVOCACY INSTITUTE, INC., a Florida Corporation non-profit, herein called the "Lessee." This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article I.TITLE Article II.TERM Article III.LEASEHOLD Article IV.RIGHTS AND RESPONSIBILITIES Section 1.Use of Premises Section 2.Designated Parking Area Section 3.Annual Report Required Section 4.Maintenance of Premises Section 5.Repair and Improvements Section 6.Utilities Section 7.Quiet Enjoyment Article V.LEASE RENTAL FEES AND PAYMENTS Article VI.TAXES Article VII.INSURANCE Section 1.Minimum Scope of Insurance Section 2.Minimum Limits of Insurance Section 3.Additional Named Insured Section 4.Verification of Coverage Article VIII. CASUALTY DAMAGE TO PREMISES Section 1.Reparable Damage Section 2.Catastrophic Damage Section 3.Waiver of Recovery Rights Article IX.LIABILITY AND INDEMNIFICATION Article X.AMERICANS WITH DISABILITIES ACT Article XI.NON-DISCRIMINATION Section 1.No Exclusion From Use Section 2.No Exclusion From Hire Section 3.Observation of Various Laws Section 4.Breach of Nondiscrimination Covenants Article XII. DISCLAIMER OF WARRANTIES Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Article XV. NOTICE Article XVI. EFFECTIVE DATE Page 2 of 10 : ARTICLE I. TITLE The title of this lease is the InterCultural Advocacy Institute (ICAI) lease. ARTICLE II. TERM The term of this lease shall be for a period commencing on the first day of November 1, 2017 and continuing through the 31st day of October, 2020 (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: A parcel of land being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida; AND The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all in Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, (ALSO KNOWN AS 612 Franklin Street, Clearwater, Florida.) ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises. a) Lessee shall use the leased premises for implementation of a Hispanic Community Services Center, to be known as “Centro Apoyo Hispano” (Hispanic Outreach Center (HOC)). However, during an emergency, the Lessor shall have the exclusive right to utilize the kitchen facilities at the HOC. b) The Lessee is authorized and agrees to provide the following services and/or make the leased premises available for the following listed activities: Providing office space for the Lessor’s Police Department’s HOC officer. This police officer serves as the primary liaison between the Clearwater Police Department (CPD) and the Hispanic community and is Page 3 of 10 responsible for organizing and implementing the Police Department’s Hispanic Outreach Program. Providing interpreter and victim advocacy services at the HOC when requested by CPD. Referring both victims and witnesses to CPD. Moderating, planning, and organizing community meetings with CPD. Hosting the Mexican Consulate with the HOC Officer as needed. Referring individuals to civil court or other non-profits for assistance. Acting as a liaison for Hispanic individuals who are less than trustful of law enforcement agencies. Handling domestic injunctions and referrals. Providing training and consultation on topics such as Human Trafficking, wage theft, refugee resettlement outreach,police-minority relations, and cultural integration Collaborating with community organizations such as the Mexican Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast Legal Servcies, and others, to provide on-site services for the Hispanic community. Managing the Hispanic Leadership Council, of which the City of Clearwater and the CPD are members, to enhance services and access for the Hispanic community. Providing other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the Lessee, or CPD. Coordinating ESOL classes. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the HOC. Providing a multi-purpose training room. The lessee will provide space to be jointly used by the Lessee and Lessor and other parties as coordinated by the Lessee. Administering youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs will focus on risk reduction and the development of individual and leadership skills needed in adulthood. c) The Lessee is further authorized to make a reasonable charge or charges to the approved group(s) using the premises, said charges to be authorized by the City Manager or his designee and used to defray the cost of maintaining the premises. d) Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the Page 4 of 10 effective date of this agreement, subject only to normal wear and tear. Section 2. Designated Parking Area. Lessee understands and agrees that the primary parking area for its guests is the designated parking area located on the east side of the structure located on the premises. The primary parking area for Lessee’s staff is the top level of the MSB Garage at 640 Pierce Street. Section 3. Annual Report Required. The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each calendar year, summarizing the use and services rendered by the lessee while occupying the leased premises. Section 4. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be responsible for maintenance of the interior of the structures, including HVAC systems, interior electrical and plumbing systems, and playground located at the premises. The Lessor shall be responsible for maintenance of the exterior of the building and grounds at the premises such as lawn mowing, landscaping, painting, lighting, roof repairs, and other exterior maintenance caused by normal use and weather exposure. In the event that any single item of maintenance or repair exceeds $5,000, the Lessee or Lessor may terminate this lease on thirty days written notice to the other party to this lease. Section 5. Repairs and Improvements. a) Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b) Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. Section 6. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section 7. Quiet Enjoyment. Upon payment the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hindrance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS For the sum of One Dollar ($1.00), which the receipt and sufficiency of is hereby acknowledged, and in Page 5 of 10 consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the property described herein. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A Commercial General Liability policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Commercial General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $1,000,000 Bodily Injury and property damage arising out of any one (1) occurrence. Further, Lessor shall, from and after the Commencement Date, keep insured through self-insurance or otherwise the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualties. Worker’s Compensation coverage shall be procured for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer’s liability coverage with a limit of $500,000 per occurrence. Section 3. Additional Named Insured. Except for Workers’ Compensation, each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. Section 4. Verification of Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager upon execution of this Lease agreement by both parties to this agreement. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Page 6 of 10 Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee and Lessor shall negotiate a shared responsibility to effect such repairs expeditiously and to the satisfaction of the City’s Building Official. If a shared resolution is not successfully negotiated within 30 days of the damage or destruction, this Agreement shall be subject to termination by the Lessee. Section 2. Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of l990 (knows as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to Page 7 of 10 discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive Order 12246 as amended, Revised Order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. RADON GAS NOTIFICATION, AS REQUIRED BY FLORIDA STATUTE 404.056(8): Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased Page 8 of 10 by Lessee. Any attempted assignment of the rights and obligations provided for herein shall be of no force or effect and shall upon such attempted assignment or transfer, render this Agreement null and void in its entirety. ARTICLE XIV. DEFAULT AND TERMINATION Section 1. Termination by Lessee. This Agreement shall be subject to termination by Lessee in the event of the following: Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a) Lessor determines at a duly constituted City Council meeting that the building or property (said premises) is needed for other municipal services and serves Lessee with sixty(60) days notice of such intended use. b) Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c) The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. d) The Lessor determines that a municipal need exists consistent with the City's charter and serves Lessee with sixty (60) days notice. e) Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Page 9 of 10 Section 5. Causes of Breach and Waiver. a) Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b) The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Section 6. Attorney’s Fees. In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing party shall be entitled to a reasonable attorney’s fee and costs. ARTICLE XV. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to the Lessor,addressed to: City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 2. If to the Lessee,addressed to:Intercultural Advocacy Institute, Inc. 612 Franklin Street Clearwater, FL 33756 ARTICLE XVI. EFFECTIVE DATE The effective date of this lease shall be the 1st (first) day of November, 2017. IN WITNESS WHEREOF,the parties hereto have set their hands and seals this ________ day of __________________________, 2017. ACKNOWLEDGEMENTS: InterCultural Advocacy Institute (ICAI) lease Page 10 of 10 Countersigned: CITY OF CLEARWATER _________________________________ By:__________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _________________________________ __________________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk WITNESSES as to Lessee: INTERCULTURAL ADVOCACY INSTITUTE, INC. _________________________________ By:__________________________________ Sandra Lyth _________________________________ Chief Executive Officer Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3729 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Renew the revised Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2018, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement and the City of Clearwater have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into Mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of February 28, 2019 in June 2015. This agreement allows for the reimbursement of certain expenses incurred by the City of Clearwater. The Financial Assistance Agreement between the Florida Department of Law Enforcement (Department) and the City of Clearwater outlines the eligible costs available for reimbursement by the Department and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, it is required to come before Council for approval: · The agreement provides for reimbursement for registration, training costs, travel and per diem costs incurred in conjunction with investigations. FDLE had discontinued this in the previous agreement. · The revised agreement decreases the FDLE maximum annual reimbursement from up to $17,500 per year per individual task force personnel to an amount not to exceeding Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3729 $12,500 per individual task force personnel, for overtime costs, travel costs, per diem, etc. while participating in investigative operations. · If the monetary amount of state financial assistance provided to a participating agency is equal to or exceeds $750,000 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida State Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. Page 2 City of Clearwater Printed on 8/14/2017 1 Financial Assistance Agreement between the Florida Department of Law Enforcement and Clearwater Police Department This agreement is entered into by and between the Florida Department of Law Enforcement (herein referred to as “FDLE” or “Department”) and Clearwater Police Department (herein referred to as "Recipient" or “Participating Agency”); and WHEREAS, the Department has the authority pursuant to Florida law and does hereby agree to provide state financial assistance to the Recipient upon the terms and conditions hereinafter set forth, and WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to carry out the state project identified herein, and does offer to perform such services, and WHEREAS, the parties entered into a Multi-Agency Voluntary Cooperation Mutual Aid Agreement (MAA) to establish terms and conditions for the purpose of facilitating and providing technical assistance and equipment in criminal investigations in Florida, which became effective upon signature of the authorized representative of the parties and will remain in effect until; and WHEREAS, the MAA provides that the participating agency agrees to provide technical and investigative assistance upon request; and WHEREAS, the Department has budget authority and available funds for the 2017-18 fiscal year to reimburse the Participating Agency for eligible costs resulting from allowable activities as defined in this agreement incurred during the course of investigative operations. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree to this agreement as follows: FDLE will administer and disburse funds under this agreement in accordance with sections 215.97, 215.971, 215.981 and 215.985, F.S. for state financial assistance. The Recipient shall perform all tasks, activities, and provide deliverables, including reports, as specified in this agreement. Certification or attestation of the receipt of deliverables from an FDLE Task Force Leader must be received and accepted by FDLE's Office of Criminal Justice Grants (OCJG) prior to payment and are subject to subsequent audit and review to the satisfaction of the FDLE. FDLE's determination of acceptable expenditures shall be conclusive. The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature, availability of funds, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. Expenditures of state financial assistance shall be compliant with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures published by the Florida Department of Financial Services. Any travel paid from this agreement will be in accordance with State of Florida travel guidelines, including maximum rates for per diem, mileage, and lodging rates. 2 OVERVIEW AND FUNDING Project Title Electronic Surveillance Support Team and Cyber High Tech Task Force Term of Agreement Project Start Date:07/01/2017 Project End Date: 06/30/2018 Program Activities and Scope of Work This grant provides reimbursement, not to exceed $12,500 per task force member, to participate in investigative operations or related training. The Recipient will provide task force members to work overtime, provide vehicles and fuel for the personnel, and provide personnel with necessary FDLE-approved training. Total reimbursement for all participating agencies for the ESST/CHT task force under FDLE’s appropriation shall not exceed $300,000. Available funds may be reprogrammed based on the operational needs of the task force; therefore, the actual amount to be reimbursed may be reduced subject to the availability of funds. Deliverables, Performance and Reports Task force members will conduct operations during the 2017-18 state fiscal year according to the MAA. Task force members must be approved by FDLE’s task force leader and must pass a FDLE background investigation. Activities shall be considered authorized only when approved and directed by a FDLE supervisor or command designee. FDLE’s task force coordinator or designee shall maintain activity logs that demonstrate the involvement of specific employees or agents provided by the parties to this agreement, including each operation's supervisor or designated leader. The deliverables for this agreement is the completion of training in direct support of task force activities, and the performance of task force investigative activities and operations by authorized task force members as directed by the FDLE task force leader or supervisor. The minimum performance for these activities will be determined based on the needs of each investigation and communicated to task force members by the supervisor or task force leader. Documentation of performance and deliverables will consist of signature certification by an FDLE task force leader or supervisor on each payment invoice. The Department will determine the specific required services and activities and associated costs based on the nature of each investigation. Active criminal intelligence information, active criminal investigative information, and information revealing surveillance techniques, procedures, or personnel are exempt from public records disclosures under section 119.071(2), F.S.; therefore, specific activities will not be detailed in this agreement or subsequent performance or expenditures reports. Distribution and Payments This award is a cost-reimbursement agreement for eligible costs incurred during the term of the agreement for satisfactory performance of eligible activities described in the Budget Narrative. Only project costs incurred on or after the start date, and on or prior to the end date are eligible for reimbursement. Expenditures must be supported with documentation and verified prior to payment. The parties agree that all expenditures of state financial assistance must be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures. 3 The parties agree that any funds paid in excess of the amount to which the participating agency is entitled under the terms and conditions of the agreement must be refunded to FDLE. Budget Narrative The total available for all participating task force agencies under this program is $300,000. Requests for payment will be processed and paid in the order received by FDLE up to the total $300,000 available for all participating agencies. Funds will be reimbursed up to an annual maximum of $12,500 per task force participant. Overtime (Salaries and Benefits): Grant funds will be used to pay overtime or straight-time pay in excess of a task force member’s contracted regular pay hours for participating in joint task force operations under the direction of an FDLE task force leader. Expense – (Travel and Training): Grant funds will be used to pay travel costs for task force members participating in FDLE approved training in direct support of joint task force operations. Training funded under this Agreement must receive pre- approval from the FDLE HQ Investigation and Forensic Sciences/Cyber High Tech Crimes, Special Agent Supervisor and/or the ESST or Cyber Inspector assigned to the IFS/HQ Cyber High Tech Crime unit in Tallahassee via email using the standard FDLE travel/training email format. Recipient shall submit pre- approval request through their local FDLE Task Force leader. The Task Force Leader will coordinate approval of the training event with FDLE IFS Cyber High Tech Crime Unit in Tallahassee. The request shall include the following: Task Force member name Task Force member agency Name and number of training course Date of training Location of training Estimated cost of training, to include a breakout of registration, travel and per diem expenses Recipients shall provide documentation of the training approval as backup with the request for reimbursement. Grant funds will be used to pay mileage costs for task force members utilizing the Recipient's vehicles in joint task force operations under the direction of an FDLE task force leader. Mileage will be documented in a sufficient manner to be directly attributable to joint task force operations, and reimbursed at a rate in accordance with State of Florida travel guidelines. All expenditures related to travel must be in accordance with the terms and conditions of this agreement and will be reimbursed by FDLE up to the amount paid by Recipient, not to exceed amounts specified in section 112.061, F.S. Per Diem may be reimbursed at a rate not to exceed $80 per day. Meals will be reimbursed at the State of Florida rate of $6 for Breakfast, $11 for lunch, and $19 for dinner. Documentation must support the per diem and travel were for a participant employed by the Recipient, incurred in conjunction with investigative operations or training pre-approved by the task force leader pursuant to the MAA, and were in accordance with this agreement and F.S. 112.061. Documentation includes, but is not limited to, agendas, training certifications, registration confirmation, payment receipts, etc. Supporting backup documentation for all travel costs will consist of those specified in this section and Florida Statute, and recorded on a State of Florida Travel Voucher. 4 Supporting backup documentation for all personnel costs will consist of the Recipient’s written compensation and pay plan, timesheets supporting time worked was in excess of the individual’s regular pay and contracted hours, payroll records supporting the amount of personnel costs paid, and time/activity records supporting time worked were for approved task force activities. STANDARD TERMS AND CONDITIONS Financial Expenditure Reports, Payment, and Invoice Requirements The Recipient shall submit monthly invoices to the Department. Invoices shall be signed by the Recipient’s Chief Financial Officer or the Chief Financial Officer’s designee. The final invoice for payment shall be submitted to the Department no more than 30 days after the end date of the agreement. Financial Consequences If the Recipient fails to perform in accordance with this agreement, the Department will apply financial consequences as described in accordance with sections 287.058(1)(h) and 215.971(1)(c), F.S. The foregoing does not limit additional financial consequences, which may include but are not limited to withholding funds, withholding payments until deficiency is corrected, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated damages to the extent permitted, or termination of the agreement. Any payment made in reliance on the Recipient’s evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment to the extent of such error. Overpayments and Offsets The Recipient shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Recipient by the Department, and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the Recipient or its auditor, or upon written notice by the Department, the Recipient will be charged interest at the lawful rate of interest on the outstanding balance until returned. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any payment due under this or any other contract or agreement any amount due to the Department from the Recipient under this or any other contract or agreement. Financial Management The Recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded. The Recipient must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. The Recipient shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. Subcontracts The Department may conduct, and Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. 5 Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the obligations of this Agreement, and will not assign the responsibility for this Agreement to another party. If the Recipient subcontracts any or all of the work required under this agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this agreement, to the extent allowed and required by law. Conflict of Interest The Recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to the Department. Violations of Criminal Law The Recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the grant award. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The Recipient must promptly refer to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Restrictions and certifications regarding non-disclosure agreements and related matters Recipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The Recipient certifies that if is informed or notified of any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the Department. The Recipient will not resume obligations until expressively authorized to do so from the Department. Compliance with Statutes, Rules, and Regulations In performing its obligations under this agreement, the Recipient shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this agreement as they may be enacted or amended from time-to-time, as well as any court or administrative order, judgment, settlement or compliance agreement involving the FDLE which by its nature affects the services provided under this agreement. The following are examples of rules and regulations that govern Recipient’s performance under this agreement. Civil Rights The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) and shall not discriminate against any employee (or applicant for employment) in the performance of this Agreement because of race, color, religion, sex, national origin, disability, age, or marital status. These requirements shall apply to all contractors, subcontractors, subgrantees or others with 6 whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. Lobbying Prohibited The Recipient shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State agency. No funds or other resources received from the Department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Public Records As required by section 287.058(1)(c), F.S., the Recipient shall allow public access to all documents, papers, letters, or other public records as defined in section 119.011(12), F.S. as prescribed by section 119.07(1) F.S., made or received by the Recipient in conjunction with this Agreement, except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Recipient’s failure to comply with this provision shall constitute an immediate breach of contract, for which the Department may unilaterally terminate this Agreement. Notice of Legal Actions The Recipient shall notify the Department of potential or actual legal actions taken against the Recipient related to services provided through this Agreement or that may impact the Recipient's ability to complete the deliverables outlined herein, or that may adversely impact the Department. The Department's Grant Manager will be notified within 10 days of Recipient becoming aware of such actions or potential actions or from the day of the legal filing, whichever comes first. Records, Retention Retention of all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement shall be maintained by the Recipient during the term of this Agreement and retained for a period of five (5) years after completion of the Agreement or longer when required by law. In the event an audit is required under this Agreement, records shall be retained for a minimum period of five (5) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Agreement, at no additional cost to the Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the duplication and transfer of any records or documents during the term of this Agreement and the required five (5) year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. These records shall be made available at all reasonable times for inspection, review, copying, or audit by State, or other personnel duly authorized by the Department. Audits The Recipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Office of the Inspector General (section 20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its 7 fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Law Enforcement, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The schedule of expenditures should disclose the expenditures by contract/agreement number for each contract with the Department in effect during the audit period. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report package with reference to the specific contract number. If the Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). Pursuant to section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S.. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted within nine (9) months after the end of the Recipient’s fiscal year or within 30 days of the recipient’s receipt of the audit report, whichever occurs first, unless otherwise required by Florida Statutes: Copies of financial reporting packages required by of this Agreement shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Law Enforcement at:The Auditor General’s Office at: ATTN: Petrina T. Herring Auditor General’s Office Florida Department of Law Enforcement Room 401, Pepper Building Office of Criminal Justice Grants 111 West Madison Street Post Office Box 1489 Tallahassee, Florida 32399-1450 Tallahassee, Florida 32302-1489 Monitoring The Recipient agrees to comply with the Department’s grant monitoring guidelines, protocols, and procedures; and to cooperate with the Department on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees to provide the Department all documentation necessary to complete monitoring of the award and verify expenditures in accordance with section 215.971, F.S. Further, the Recipient agrees to abide by reasonable deadlines set by the Department for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the Recipient’s award, including, but not limited to: withholding and/or other restrictions on the recipient’s access to funds. Recipient’s Confidential and Exempt Information By executing this agreement, the Recipient acknowledges that, having been provided an opportunity to review all provisions hereof, all provisions of this agreement not specifically identified in writing by the Recipient prior to execution hereof as “confidential” or “exempt” will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to section 215.985, F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the Department 8 a written statement of the basis for the exemption applicable to each provision identified by the Recipient as “confidential” or “exempt”, including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the conclusion that the provision is exempt or confidential. Any claim by Recipient of trade secret (proprietary) confidentiality for any information contained in Recipient’s documents (reports, deliverables or work papers, etc., in paper or electronic form) submitted to the Department in connection with this Agreement cannot be waived, unless the claimed confidential information is submitted in accordance with the following two paragraphs: The Recipient must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Recipient shall include information correlating the nature of the claims to the particular protected information. The Recipient must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Recipient shall include information correlating the nature of the claims to the particular protected information. The Department, when required to comply with a public records request including documents submitted by the Recipient, may require the Recipient to expeditiously submit redacted copies of documents marked as trade secret in accordance with this section. Accompanying the submission shall be an updated version of the justification, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Recipient fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. Termination The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this agreement, unless the records are exempt pursuant to Article I. Section 24(a), of the Florida Constitution and section 119.07(1), F.S. In the event funds for payment pursuant to this agreement become unavailable, the Department may terminate this agreement with twenty-four (24) hour written notice in writing to the Recipient. The Department shall be the final authority as to the appropriation, availability and adequacy of funds. In the event the Recipient fails to fully comply with the terms and conditions of this agreement, the Department may terminate the Agreement upon written notice. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Recipient’s failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in order to terminate the agreement. The Department’s failure to demand performance of any provision of this agreement shall not be deemed a waiver of such performance. The Department’s waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and neither event shall be 9 construed to be a modification of the terms and conditions of this Agreement. The provisions herein do not limit the Department’s right to remedies at law or in equity. The validity of this agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this agreement and the release of the Department from all its obligations to the Recipient. This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this agreement. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this agreement shall survive the terms and life of this agreement as a whole. The agreement may be executed in any number of counterparts, any one of which may be taken as an original. In the event of termination, the Recipient will be compensated for any work satisfactorily completed through the date of termination or an earlier date of suspension of work. PARTICIPATING AGENCY STATE OF FLORIDA Clearwater Police Department DEPARTMENT OF LAW ENFORCEMENT Signature Signature Name Name Special Agent in Charge, Region Title (Agency Head / Chief Official)Title Date Date FEID #Signature Bureau Chief, Office of Criminal Justice Grants Address to Remit Payment Title City, Zip Date THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES 1 Invoicing Requirements Invoice Frequency The recipient shall submit invoices for reimbursement of authorized expenditures quarterly and within thirty (30) days after the end of the reporting period. Quarters are defined on state fiscal year as July- September; October-December; January-March and April-June. Recipients also have the option of submitting invoices monthly. Submission Information Invoices should be submitted to the FDLE grant manager electronically or via mail. The name and address of the Department contact and grant manager for this agreement is: ATTN: Chanda Zirkelbach Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 ChandaZirkelbach@fdle.state.fl.us General Requirements Funds will be reimbursed up to an annual maximum of $12,500 per task force participant to participate in investigative operations or related training. All costs invoiced must directly relate to an authorized task force investigation or pre-approved training, and include a task force assigned case number or training title for cost claimed. Training funded under this Agreement must receive pre-approval from the FDLE HQ Investigation and Forensic Sciences/Cyber High Tech Crimes, Special Agent Supervisor and/or the ESST or Cyber Inspector assigned to the IFS/HQ Cyber High Tech Crime unit in Tallahassee via email using the standard FDLE travel/training email format. Invoices must be submitted in detail sufficient for preaudit and postaudit thereof. All invoices must reflect a summary of reimbursable expenses paid by the participating agency for the reporting period for each participant and incurred for investigative operations or training pursuant to the MAA. All invoices must include the total reimbursement amount claimed by the participating agency, the contract number, FEID number, and the billing period. Overtime (Salaries and Benefits): Grant funds will be used to pay overtime or straight-time pay in excess of a task force member’s contracted regular pay hours for participating in joint task force operations under the direction of an FDLE task force leader. For each case or training, provide the name and title of each task force member who worked overtime, the number of hours worked by each member, and the dates on which the overtime was incurred. Overtime must be recorded on the “Detail of Overtime” worksheet. Maintain documentation to support that the overtime was: paid to personnel employed by the participating agency; incurred while participating in investigative operations or training pursuant to the MAA; and consistent with the participating agency's established pay and compensation policy. Supporting documentation must include, but is not limited to, a copy of the pay and compensations policy; and timesheets and payroll registers for all overtime performed by each task force member. 2 Expense – (Training): Grant funds will be used to pay travel costs for task force members participating in FDLE approved training in direct support of joint task force operations. Training funded under this Agreement must receive pre-approval from the FDLE HQ Investigation and Forensic Sciences/Cyber High Tech Crimes, Special Agent Supervisor and/or the ESST or Cyber Inspector assigned to the IFS/HQ Cyber High Tech Crime unit in Tallahassee via email using the standard FDLE travel/training email format. Recipient shall submit pre-approval request through their local FDLE Task Force leader. The Task Force Leader will coordinate approval of the training event with FDLE IFS Cyber High Tech Crime Unit in Tallahassee. The request shall include the following: Task Force member name Task Force member agency Name and number of training course Date of training Location of training Estimated cost of training, to include a breakout of registration, travel and per diem expenses Recipients shall provide documentation of the training approval as backup with the request for reimbursement. Expense – (Mileage, Travel and Per Diem): Grant funds will be used to pay mileage costs for task force members utilizing the Recipient's vehicles in joint task force operations under the direction of an FDLE task force leader. Mileage will be documented in a sufficient manner to be directly attributable to joint task force operations, incurred in conjunction with investigative operations or training pre-approved by the task force leader pursuant to the MAA, and reimbursed at a rate in accordance with State of Florida travel guidelines Section 112.061, F.S. Documentation includes, but is not limited to, agendas, training certifications, registration confirmation, payment receipts, etc. For each case or training, provide the name and title of each task force member who incurred training, per diem, or mileage travel costs; the specific costs incurred by each member and the amount of each; and the date(s) on which the costs were incurred. Per Diem, mileage travel expenses or training must be recorded on the “State of Florida Voucher for Reimbursement of Travel Expenses” worksheet. Per Diem may be reimbursed at a rate not to exceed $80 per day. Meals/sustenance will be reimbursed at the State of Florida rate of: o Breakfast $6 – travel begins before 6 a.m. extends beyond 8 a.m. o Lunch $11 – travel begins before 12 noon extends beyond 2 p.m. o Dinner $19 – travel begins before 6 p.m. extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. Documentation For all costs, maintain documentation to verify that the costs were: incurred during the agreement period; paid by the participating agency prior to requesting reimbursement; and directly related to a specific case or training. Signature The invoice must be signed by the participating agency's chief official and must include a certification that the costs claimed are true and valid costs incurred in accordance with the agreement and do not exceed the annual cost limitations. 3 Request for Reimbursement Assistance with Investigative Operations Region: Contract #: Participating Agency: FEID #: Address:Billing Period: Invoice #: Budget Category Category Total Overtime Fuel/Mileage Travel/Per Diem Training Total Claim Amount I hereby certify that the above costs are true and valid costs incurred in accordance with the agreement and do not exceed the annual cost limitations. Date:Signed: Participating Agency Chief Official Typed Name Chief Official 4 DETAIL OF OVERTIME PAY Participating Agency:Contract #:Billing Period:Invoice #: Case Number or Training Title Employee Name and Title Hours Worked Date(s) Worked Date(s) Paid Amount requested TOTAL OVERTIME SALARY: 5 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3711 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Accept and approve a Sovereign Submerged Lands Easement on, under and across Clearwater Harbor from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the installation of a subaqueous sanitary sewer force main, as a part of the Clearwater Memorial Causeway Subaqueous Pipeline Project; and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing 20-inch sanitary sewer force main, which carries all sanitary sewer flows from Sand Key and South Clearwater Beach to the Marshall Street Plant, is over 45 years old and nearing the end of its useful life. This new 25-foot Submerged Lands Easement will provide the city with an avenue to install the replacement 20-inch sanitary sewer force main, as a part of the Clearwater Memorial Causeway Subaqueous Pipeline Project. The 7-foot Utility Easement over Lot 16, Block D of Bayside Subdivision No.6, Unit C, which is the terminus of this Submerged Lands Easement, was approved by City Council at the March 2, 2017 council meeting. Page 1 City of Clearwater Printed on 8/14/2017 This Instrument Prepared By: Tiana D. Brown Action No. 31671 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT T RUST FUND OF THE STATE OF FLORIDA _______________________________________ SOVEREIGNTY SUBMERGED LANDS EASEMENT EASEMENT NO. 41976 BOT FILE NO. 520240543 PA NO. 52-0347018-002 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Clearwater, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Sections 8, 16 and 17, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, Florida, as is more particularly described and shown on Attachment A, dated November 3, 2016. TO HAVE THE USE OF the hereinabove described premises for a period of 25 years from February 20, 2017, the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for subaqueous potable water main, force main or reclaimed water main and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection De Minimis Exemption No. 52-0347018-001-EE, dated September 22, 2016, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. [ 45 ] 3.WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4.RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5.DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS : Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6.GRANTOR’S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY : This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the prope rty to third parties during the term of this easement. 7.RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8.LIABILITY/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissio ns of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time , or any other law providing limitations on claims. 9.ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10.TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to the Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater, Florida c/o Michael Quillen, Director of Engineering 100 South Myrtle Avenue Clearwater, Florida 33756 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. Page 2 of 10 Pages Easement No. 41976 12.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structur es and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in paragraph 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13.ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon an y renewal thereof or in the event of subsequent breach or breaches. 14.AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16.ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, r elocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall su bject the Grantee to administrative fines under Chapter 18 -14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quic kly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 17.UPLAND RIPARIAN PROPERTY INTEREST : During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submer ged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 3 of 10 Pages Easement No. 41976 IN WITNESS WHEREOF, the Grantor and the Grantee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED AS SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 4 of 10 Pages Easement No. 41976 5/4/2017 WITNESSES: City of Clearwater, Florida (SEAL) BY: Original Signature Original Signature of Executing Authority George N. Cretekos Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Original Signature Title of Executing Authority Typed/Printed Name of Witness “GRANTEE” STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by George N. Cretekos as Mayor, for and on behalf of City of Clearwater, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 5 of 10 Pages Easement No. 41976 Attachment A Page 6 of 10 Pages Easement No. 41976 Attachment A Page 7 of 10 Pages Easement No. 41976 Attachment A Page 8 of 10 Pages Easement No. 41976 Attachment A Page 9 of 10 Pages Easement No. 41976 Attachment A Page 10 of 10 Pages Easement No. 41976 B A Y W A Y B L V D DREW STMEMORIAL CSWY JB TM 7/20/17Map Gen By:Reviewed By:Date: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Clearwater Memorial Causeway Subaqueous PipelineEasements 7' Utility Easement From Private Owner(Approved by City Council at March 2, 2017 Council Meeting) ² N.T.S.Scale: 25' Submerged Lands Easement From State 25' Submerged Lands Easement From State Document Path: S:\ENV\Jim Benwell\Easements\Easements to City\Clearwater Memorial Causeway Subaqueous Pipeline\Easements for Project.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3727 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) contracts with Erickson Consulting Engineers, Inc., Reuben Clarson Consulting and Woods Consulting for a period through July 24, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: In accordance with Florida Statute 287.055 - Consultants Competitive Negotiation Act, on March 23, 2015, Request for Qualifications (RFQ 34-15) was released soliciting submittals from area consulting firms to serve as Engineers of Record (EOR) for the City for a four-year period with a provision for a mid-term solicitation based upon the needs of the City. June 12, 2017, RFQ 28-17 was issued soliciting submittals to supplement the existing EOR Roster in the disciplines of seawall design, coastal design and related construction inspection and permitting services. Five submittals were received and evaluated by staff. Three firms were selected based upon ability and experience including Erickson Consulting Engineers, Inc of Sarasota; Reuben Clarson Consulting of St. Petersburg and Woods Consulting of Dunedin, Florida. Page 1 City of Clearwater Printed on 8/14/2017 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Engineer of Record Services – Seawall and Coastal Design RFQ #28-17 June 12, 2017 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, July 10, 2017 to supplement the existing Engineer of Record Roster in the following disciplines ONLY: Seawall Design, Coastal Design, and related Construction Inspection and Permitting Services. Brief Description: The City of Clearwater is seeking Engineering firms disciplined in Seawall Design, Coastal Design, and related construction consulting services for: inspection, repair, maintenance, and permitting for projects in the City. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at www.myclearwater.com/bid . Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Purchasing Manager. This Request for Qualifications is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Engineer of Record – Roster Supplement 2 RFQ #28-17 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1) - the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 10, 2017 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal deli very. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. INSTRUCTIONS Engineer of Record – Roster Supplement 3 RFQ #28-17 This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response depending on the nature of the violation. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to f avor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be INSTRUCTIONS Engineer of Record – Roster Supplement 4 RFQ #28-17 the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each indi vidual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Engineer of Record – Roster Supplement 5 RFQ #28-17 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Management and Technical Staff Ability 25 Prior Municipality Experience 25 Availability to Expeditiously Complete Assignments 20 Quality Control 20 Clearwater Business and Community Involvement 10 i.17 SHORT-LISTING. The Selection Committee shall reduce the number of responding Firms to a short-list of at least three (3) firms. Consideration will be given to Firms with Minority Business Status as designated by the State of Florida. Firms will be selected based on their ability to furnish services in specified disciplines. The selection will be made in accordance with F.S. 287.055 and the procedures and criteria of the City of Clearwater. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and INSTRUCTIONS – EVALUATION Engineer of Record – Roster Supplement 6 RFQ #28-17 may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award postings. i.21 RFP TIMELINE. All dates are tentative and subject to change. No work shall commence prior to the actual authorization date. Release RFQ: June 12, 2017 Advertise Tampa Bay Times: June 14, 2017 Responses due: July 10, 2017 Review responses/presentations: July 10 – 17, 2017 Award recommendation: July 19, 2017 Council authorization: August 3, 2017 Contract begins: August, 2017 DETAILED SPECIFICATIONS Engineer of Record – Roster Supplement 7 RFQ #28-17 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. SCOPE OF WORK. The City of Clearwater, Florida, is requesting qualifications from professional engineering consulting firms (Firm) to provide Engineer of Record (EOR) Services. This Request for Qualifications (RFQ) is intended to supplement the existing EOR Roster, and is specific to the disciplines of Seawall Design, Coastal Design, and related construction consulting services for: inspection, repair, maintenance, and permitting for projects in the City. Responding firms must have demonstrated competence in areas of engineering, hydrogeology, and related fields specifically in the categories noted. Selected firm(s) shall not be the only Engineer of Record for the City, and must have a fully staffed and operating office location within the Tampa Bay metropolitan area. 3. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequatel y protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A - VII or better. In addition, the City has the right to review the Contractor’s deductible or self - insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by DETAILED SPECIFICATIONS Engineer of Record – Roster Supplement 8 RFQ #28-17 a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #28-17 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non -contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Engineer of Record – Roster Supplement 9 RFQ #28-17 ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM . August 2017 through June 2019. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 1. EXTENSION. The City reserves the right to extend the term of this contract, provided ho wever, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT Engineer of Record – Roster Supplement 10 RFQ #28-17 1. RESPONSE SUBMISSION - Submit one (1) signed original (appropriately identified) with three (3) copies of the Qualifications Response and ONE (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. All information must be assembled and indexed in the order indicated below. The proposal page count shall not exceed twenty -six (26) pages. The page count shall include typed text, graphics, charts and photographs, but does not include supporting documents for Tabs 2 and Tab 7, the tabbed separator pages, cover page, and back page. A Staffing Chart may be up to two (2) 11” x 17” fold outs. TAB 1 – Letter of Interest (two [2] pages). The letter shall summarize the key points of qualifications to provide engineering services for the City of Clearwater. This shall include information to enable the City to evaluate the viability and capability to provide the desired services. The data shall be significant to the services and shall be practicable. Discussions of past performances on other projects shall be minimized except as they relate to the proposed services. Name, address, contact person and phone number, shall be provided. TAB 2 – Management and Technical Staff Ability (ten [10] pages). The Firm shall submit a staffing plan which clearly illustrates the key elements of the organization structure proposed to accomplish management, technical, and administrative services as requested. Project management, key technical personnel, and local st aff within each discipline shall be identified and past experience shall be discussed. Résumés, not to exceed three (3) pages total, for Project Dedicated full-time key personnel named on the staffing chart shall be included. The Firm shall address the necessity and utilization of subconsultant services. The Firm shall provide the location of the responsible office, a copy of the Firm’s current Florida Department of Business and Professional Regulation’s License, and if the Firm is a corporation, a copy of the current Florida Corporation Registration. A copy of the D.B.E. Certificate issued by the Florida Dept. of Transportation, Minority Programs Office, for the Firm or for any named Disadvantaged Business Enterprise proposed as a subconsultant, shall be submitted if available. (copies of license, registration and/or D.B.E. Certificate will not be counted against the maximum page limit) TAB 3 – Availability to Expeditiously Complete Assignments (three [3] pages). The Firm shall discuss current and projected work load versus available staffing. The Firm shall identify staff that is available full-time and staff available as-needed with availability stated. Full-time staff is defined as staff who can dedicate forty (40) hours per week or more to the City either reporting to the Firm’s or subconsultant’s home office. TAB 4 – Prior Municipal Experience (six [6] pages). Brief summary of work completed for the City of Clearwater or other government agencies within the last five (5) years. Include dates of completion, size of projects, project cost, name of lead engineer, and project addresses, as well as Client Information and Reference Information, including contact information. The types of work shall correspond to the required consultant services listed in the Scope of Work. TAB 5 – Quality Control (three [3] pages). The Firm shall present a Quality Assurance Plan. The plan shall address procedures to assure complete and accurate design and reporting, and that all comments are addressed during stakeholder review. If subconsultants are used, provide the procedures that the respondent would use to assure their work is reviewed for quality control. The Firm shall discuss, in detail, the manner in which proper coordination and information exchange will be assured between the Prime, Subconsultants, The Project Manager, City Staff and Selection/Design Consultants. TAB 6 – Clearwater Business and Community Involvement (two [2] pages). The respondent shall discuss the types and quantities of business that they conduct in Clearwater and non - business related community involvement of the Firm and staff. RESPONSE FORMAT Engineer of Record – Roster Supplement 11 RFQ #28-17 TAB 7 – Other Forms (not included in page count). The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W -9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Engineer of Record – Roster Supplement 12 RFQ #28-17 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Engineer of Record – Roster Supplement 13 RFQ #28-17 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION Engineer of Record – Roster Supplement 14 RFQ #28-17 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as wel l as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Engineer of Record – Roster Supplement 15 RFQ #28-17 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #28-17, Engineer of Record – Seawall and Coastal Design Due Date: July 10, 2017, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #28-17, Engineer of Record – Seawall and Coastal Design Due Date: July 10, 2017, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 1 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the ______ day of _________________, 2017 by and between the City of Clearwater, Florida (CITY) and, Woods Consulting, (ENGINEER). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER in a response to Request for Qualifications #28-17 dated June 12, 2017: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER to work with and for the CITY toward solutions to engineering problems and the approach or technique to be used toward accomplishment of the CITY’s objective for each project or assignment. The ENGINEER’s services shall include developing and presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and Stormwater Utility System facilities, the proper maintenance of the elements of the System and the design of capital improvements thereto; roads, drainage, structural analysis, transportation, traffic, environmental and gas systems. Representative assignment areas are expected to include, but not be limited to, planning, studies or design services as listed below, specific to respective discipline of the ENGINEER: 2 2.1.1.Preparation of construction drawings, specifications and bid documents for public works projects, including but not limited to: 2.1.1.a. Structural engineering elements 2.1.1.b.Streets and roadways, including intersection improvements 2.1.1.c. Parking facilities 2.1.1.d.Utility infrastructure, including water, wastewater, natural gas, storm water and reclaimed water 2.1.2.Land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches 2.1.3.Architectural services 2.1.4.Transportation improvement planning and studies, including Project Development & Environment (PD&E) studies 2.1.5.FDEP Brownfield Redevelopment Program projects 2.1.6.Traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of traffic signal construction documents, preparation of pavement marking & signing plans, assistance as needed with the implementation of timing plans for and the operation of the City’s Urban Traffic Signal Computer System 2.1.7.Hazardous materials investigations, mitigation/remediation plans and associated tasks 2.1.8.Management of construction contracts 2.1.9.Review and assessment of the applicability of design/build contracts and/or Value Engineering for various CITY improvements 2.1.10.Development/preparation of grant applications for CITY projects 2.1.11.Preparation of permit application packages, including water, waste water, surface water management, National Pollution Discharge Elimination System (NPDES), and wetland impacts: assistance in meeting regulatory and grant requirements, permitting and preparation of permit documents and representation of the CITY before appropriate regulatory bodies 2.1.12.Environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species 2.1.13.Hydraulic/hydrologic modeling of streams, watersheds, water and wastewater piping systems and modeling of treatment processes, etc. 2.1.14.Development of wetland mitigation plans, including compliance monitoring 2.1.15.Water quality monitoring, including report preparation 2.1.16.Preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 2.1.17.Studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 2.1.18.Studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 2.1.19.Studies of recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities: includes possible preparation of construction documents (including permits) and construction management 3 2.1.20.Aviation services, including master planning and design of planned improvements 2.1.21.Preparation of traffic calming plans 2.1.22.Landscape and irrigation design 2.1.23.Other work as may be reasonably required under the general scope of professional and technical engineering services in connection with the CITY’s public works/engineering system. 2.2 The ENGINEER’s services under this Agreement will be provided under Work Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for services shall not exceed $100,000 per Work Order, unless specifically authorized by the City Council. 2.3 The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering services hereunder, and shall diligently execute the work to meet the completion time established in Work Order. The ENGINEER shall notify the CITY by U.S. Mail addressed to the City ENGINEER of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The ENGINEER will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 3.0 PERIOD OF SERVICE 3.1 The ENGINEER shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ENGINEER’s services called for under any Work Order are delayed for reasons beyond the ENGINEER’s control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until July 24, 2019,subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the ENGINEER unless specifically terminated by the CITY. 4.0 INSURANCE REQUIREMENTS See Exhibit “A” attached. 4 5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ENGINEER and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the ENGINEER. 6.2 The ENGINEER shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ENGINEER shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 6.3 The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. 6.4 Upon the ENGINEER’s written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary. 6.5 The CITY and the ENGINEER each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ENGINEER will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or 5 utilized by the ENGINEER in the performance of this AGREEMENT and any Work Orders issued under this AGREEMENT. 6.7 The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ENGINEER shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ENGINEER agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ENGINEER also agrees that it shall not publish, copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ENGINEER for “In House” use. Only data and reports generated by the ENGINEER under this Agreement shall be the property of the City. 6.11 Public Records – In addition to all other contract requirements as provided by law, the ENGINEER executing this agreement agrees to comply with public records law. If the ENGINEER has questions regarding the application of Chapter 119, Florida Statutes, the ENGINEERS duty to provide public records relating to this contract. Contact the custodian of public records at 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The ENGINEER’S agreement to comply with public records law applies specifically to: a)Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the ENGINEER 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 ENGINEER 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 ENGINEER or keep and maintain public records required by the public agency to perform the service. If the ENGINEER transfers all public records to the public agency upon completion of the contract, the ENGINEER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure 6 requirements. If the ENGINEER keeps and maintains public records upon completion of the contract, the ENGINEER 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 ENGINEER of the request and the ENGINEER must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f)The ENGINEER hereby acknowledges and agrees that if the ENGINEER 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 ENGINEER 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 ENGINEER to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the ENGINEER the reasonable costs of enforcement, including reasonable attorney fees, if: 1.The court determines that the ENGINEER 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 ENGINEER has not complied with the request, to the public agency and to ENGINEER. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the ENGINEER at the ENGINEER’S address listed on its contract with the public agency or to the ENGINEER’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)An ENGINEER 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. 7.0 COMPENSATION 7.1 The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ENGINEER’s invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit “B”. 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 7.3 The ENGINEER agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 7 8.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ENGINEER shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the ENGINEER may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ENGINEER will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the 8 convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA The ENGINEER will be required to comply with Section 287.135, Florida Statutes, specifically to the following: (a)The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and (b)The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c)Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d)If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Woods Consulting By:______________________________ Print Name: __________________________ Title: ______________________________ WITNESS: By:______________________________ Print Name: __________________________ Title: ______________________________ Countersigned:CITY OF CLEARWATER ___________________________By:______________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form and ATTEST: correctness: ___________________________By:______________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Exhibit A Page 1 EXHIBIT “A” RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for services and/or products with other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s interest and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED: The term “City” (whenever it may appear in this Exhibit) is defined to mean the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED: The term “Other Party” (whenever it may appear in this Exhibit) is defined to mean the other person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS DEFINED: The term “Hold Harmless” (whenever it may appear in this Exhibit) is defined to mean that the Other Party shall indemnify and hold harmless the City, and its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in the performance of this Agreement and any Work Orders issued under this Agreement. PAYMENT ON BEHALF OF CITY DEFINED: The term “Payment on Behalf of City” (whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on behalf of the City, and to pay the cost of the City’s legal defense, as may be selected by the City, for claims or suits arising from the fault of the Other Party or other persons employed or utilized by the Other Party in performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City’s exclusive remedy. 1.INSURANCE REQUIREMENTS.The ENGINEER (respondent) shall, at its own cost and expense,acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or Exhibit A Page 2 better. In addition, the City has the right to review the ENGINEER’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the ENGINEER must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non- owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)combinedsinglelimit. c.Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable.Coverage must be applicable to employees,contractors, subcontractors,and volunteers, if any. d.If the ENGINEER is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e.Professional Liability Insurance coverage appropriate for the type of business engaged in by the ENGINEER with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made Exhibit A Page 3 coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liabilitypolicies. 6.OTHERINSURANCEPROVISIONS. a.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the ENGINEER will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, the ENGINEER will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #28-17 P.O. Box 4748 Clearwater, FL 33758-4748 b.ENGINEER shall provide thirty (30) days written notice of any cancellation, non-renewal,termination, material change or reduction in coverage. c.ENGINEER’S insurance as outlined above shall be primary and non-contributory coverage for ENGINEER’Snegligence. d.The ENGINEER reserves the right to appoint legal counsel to provide for the Engineer’s defense,for any and all claims that may arise related to Agreement, work performed under this Agreement, or to ENGINEER’S design, equipment, or service. The ENGINEER agrees that the City shall not be liable to reimburse the ENGINEER for any legal fees or costs as a result of the ENGINEER providing its defenseas contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of ENGINEER’S obligation to provide the insurance coverage specified. Exhibit B Page 1 EXHIBIT “B” PROVISION OF PAYMENT ENGINEER OF RECORD:Woods Consulting BASIS FOR PAYMENT The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method “A” – Costs Times Multiplier Basis – Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method “B” – Lump Sum – Compensation in the form of “lump sum” for all work associated with a Work Order or task and shall be determined by mutual agreement between the ENGINEER and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ENGINEER. Hourly Rates - The estimated hourly rates below represent 2015 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ENGINEER review. (Note: All rates are hourly salary) Exhibit B – Page 2 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 28-17 2017 DIRECT HOURLY RATES ENGINEER OF RECORD: Woods Consulting Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President Vice President/Officer-in-Charge Senior Project Manager/Group Manager Project Manager/Associate Principal Construction Manager Construction Engineer Senior Engineer/Scientist Engineer/Scientist (III-IV) Engineer/Scientist (I-III) Planner Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Operations Specialist Fiscal/Accounting Administrative/Clerical MULTIPLIER:_______________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3740 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve Amendment 1 to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N632) for Hillcrest Bypass Culvert (13-0042-EN) extending the expiration date through August 9, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Hillcrest Avenue Bypass culvert project is identified as Project 4a in the Stevenson Creek Watershed Management Plan, which was prepared by the City of Clearwater with SWFWMD’s cooperative funding and participation. Water quality treatment for the stormwater runoff generated in this sub-watershed is now being provided within the Glen Oaks Stormwater Park project, constructed in 2007, also with cooperative funding from SWFWMD. The Glen Oaks Park Project was constructed in anticipation of future upstream flood protection projects including the Hillcrest Avenue Bypass. This project will provide flood relief for 36 homes adjacent to the Creek between Jeffords Street and Bellevue Boulevard. All 36 homes would be removed from the 100-year floodplain. The Construction of this project includes installation of 1,900 linear feet of 6.5Ft by 11 ft box culvert from Browning Street to the upstream end of Linn Lake and a high-flow diversion weir that will allow low flows to remain within the existing channel. February 5, 2015, City Council approved Cooperative Funding Agreement N632 for 50% of design and construction up to a maximum of $1,950,000. Due to considerable redesign and easement acquisition processes, the City has requested to extend the contract expiration date through August 9, 2019 upon approval of City Council. Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3745 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one additional two-year term through September 30, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services. Through this contract, Clearwater Fire & Rescue will provide fire suppression services; investigations of fires; inspection of commercial, industrial and multi-family dwellings; and fire prevention/life safety public education to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. . In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. Each year from this expiration date an extension has been authorized. Pinellas County Fire Protection Authority and the City of Clearwater agreed upon approval of the 2014-2017 agreement, all terms of this agreement will remain in force and effect as if the original term of the contract, for one additional two-year term extending to September 30, 2019. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2017 under the same terms as the previous contract. Under this year’s extended contract, 11.28% of the Clearwater Fire District was determined to be unincorporated Pinellas County as included in ending contract September 30, 2017. Therefore, the County will reimburse the City 11.28% of the net department budget or approximately $2.2 Million for fiscal years 2017-2018 and 2018-2019 to fulfill the agreement. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Page 1 City of Clearwater Printed on 8/14/2017 FIRE PROTECTION SERVICES AGREEMENT OCTOBER 1 2014 PINELLAS COUNTY Board of County Commissioners 12490 Ulmerton Road Largo, FL 33774 RECITALS: ARTICLE I.. ,....,... ... .... ....... ... .......... 2 THEAGREEMENT ............ was .................... .................., ,,,, ,,,. 2 SECTION 101. SECTION 102. COOPERATION. 2 SECTION 103. CONTRACT DOCUMENTS ............. <.,.,..,,.........,. ,,, >.. ... ............. • ...... ...._2 SECTION 104. SCOPE OF SERVICES 2 ARTICLE td ,,...,.. DEFINMONS...,.,.. ».> ,, ,... SECTION 201, WORDS AND TERMS SECTION 202. TERMS GENERALLY............ 4 4 4 ARTICLE III ... ....,. > ........... ............,.,..,.. ....,,,, ..... 8 ART7CLLIV. „ ,,,,,,,,,,, ,,,,,,,,,, , ,,,,,, ,,,,,, ,,,, >. ..,. ..... .. .... .........:............,,,,. , »..> .,,,....., 8' DUTIES AND RESPONSIBILITIES OF CONTRACTOR.,,......., ,,,. <, 9.144..4 8 SECTION 401. FIREFIGHTING APPARATUS AND EQUIPMENT, 8 SECTION 402. RESPONSE TIME. . ... .... ....... ....... ....,... 9 SECTION 403, CONTINUING EDUCATION AND "i RAINING. >. >,,,,,,,. >. ,......,,,,, .,, ,,..,.....10 SECTION 404. STANDARD PRACTICES.,.,..... _,,,,, ......10 SECTION405. PERSONNEL. > ...., >,.,,,,,., ,...,, ..,.., ,,, ,,,,,,,,, ,,.........10 SECTION 406. DISASTER ASSISTANCE AND MUTUAL AID.....,. , ..11 SECTION 407. AUTOMATIC AID/CLOSEST UNIT RESPONSE ............ ......... . ... <..,.,. <11 SECTION 408. FIRE REPORTING SYSTEM,,,,,,,,,, ,,,,,,,,, <.,,.,..,. 12 SECTION 409. FINANCIAL MANAGEMENT... a.....,.,. <, >. <...,.,12 SECTION 410. FIRE INVESTIGATION. .. ..... .............. 13 SECTION 411. FIRE PREVENTION AND CODE ENFORCEMENT.. . ...... 13 SECTION 412. PUBLIC EDUCATION ,.....,, .,.,,. ,., ,,,.., <,,., <..,.,,...14 SECTION 413. SHARED RECOGNITION. .. .. . .......14 SECTION 414, REQUESTS FOR EMERGENCY - ASSISTANCE .:............ . ....... ...... 14 ARTICLE V. DUTIES AND RESPONSIB1U77ESS OF COUNTY......-- ............ .............. .....,. .................15' SECTION 501. ROLE OF THE FIRE PROTECTION COUNTY........., .....:..............15 SECTION 502. AUDIT AND INSPECTION , ,,,..... ,... <.,. >....15 SECTION 503. COMMUNICATIONS INFRASTRUCTURE ARTICLE VI INSURANCE. ... ... >. >.16 SECTION 601. MINIMUM INSURANCE REQUIREMENTS „ »,. , <. <.,,.....16 SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS...,_..........._ ...... _ .... . ....17 SECTION 603. LIABILITY ., .< ..,,. ... ...,.> , >, „ <, 18 ARTICLEVII...:........ <....,.......,.....< ............................... .......... .., ... ..,.... ..... .,...,.... .,. , .18 COMPENSATION AND OTHER FINANCIAL PROVISIONS ......; ..18 SECTION 701. COMPENSATION. .. . .. ......... ............ »..,,.,,..» .. >,........,........... ,............18 SECTION 702. USE OF RESERVE FOR FUTURE YEARS ......... ......... .......... .,,,.....,,,18 SECTION 703. WITHHOLDING FUNDS. > ..:.. ......... ........... » >....,.., <,.. 19 SECTION 704. SECTION 705. SECTION 708, SECTION 707. FUNDS TO BE USED SOLELY FOR FIRE. PROTECTION SERVICES...,.19 OTHER FUNDS , ............ ........ ... 19 FISCAL NON - FUNDING.:.,....,..... ..... ..... ......... <.,...9 PROHIB TIONNS AGAINST MORTGAGE OF ASSETS .......................... 0 ARTICLE VIN .. ......... ... ....... ............,.......... ... ..... 20 SECTION 801. TERM OF AGREEMENT ,,,,,,,,,,,,,,,, ,,,,,,, ,, ,,,.,.. ..,.,........,,....,.,.,..... 20 SECTION 802. TERMINATION AND DISPOSITION OF ASSETS 20 SECTION 803. PERFORMANCE DEFICIENCY , ,,,,,,,,,,,,,,,; ,,,,,,,.... 22 SECTION 804. RESOLUTION OF DISPUTES.. 22 ARTICLEIX ......... ........... .................. ... ...........,, ..,,,.,.......,,.. MISCELLANEOUS .. SECTION 901. SECTION 902. SECTION 903. SECTION 904. SECTION 905. SECTION 906. SECTION 907. SECTION 908. SECTION 909, SECTION 910. NON — DISCRIMINATION IN EMPLOYMENT..... . .. ....4o lo . *44." NOTICES......... ENTIRE AND COMPLETE AGREEMENT .,. , ................• ....,..., •. OTHER DOCUMENTS. APPLICABLE LAW WAIVER.... ...... . ........................ ... ........ ............ '..... ...... 23 SEVERABILITY 24 CONTRACTOR IS INDEPENDENT CONTRA CTOR ,....... 24 22 22 23 23 23 23 NO THIRD —PARTY BENEFICIARIES; ASSIGNMENT 24 24` APPENDIX A. , ,. „.,..... ..... 26 APPENDIX 13 ,...,..., . ... ..,...... 4 t 27 APPENDIXC . .... .............. ...... . ..... ................... . FIRE PROTECTION SERVICES AGREEMENT AGREEMENT made this day of ,<h ' , 2014, between C.Ze?9/2 - , a Florida municipal corporation ( "Contractor"), and PINELLAS COUNTY ( "County "), by and through its Board of County Commissioners, Board "). RECITALS: 1. The Board is the governing body of the Pinellas County Fire Protection Authority created by Chapter 73 -600, Laws of Florida, for the purpose of establishing and implementing a permanent plan of fire protection for the County, determine minimum service levels, establish uniform standards for fire hydrants, implement County-wide reciprocal, mutual, or outside assistance programs, and to cause to be provided Fire Protection Services throughout unincorporated County. Chapter 73 -600, Laws of Florida, became an ordinance of Pinellas County pursuant to Section 5.02 of the Pinellas County Charter in 1980. 2. The Board has determined that a coordinated Fire Protection Services County-wide system with centralized communications, standardized operating procedures, and automatic aid is in the best interest of the public's life safety, protection of property and firefighters' safety and welfare. 3. Pursuant to Chapter 73 -600, Laws of Florida, Chapter 80 -590, Laws of Florida (the Pinellas County Home Rule Charter), and Chapter 62, Article II, of the Pinellas County Code (collectively, "Special Act "), the Board has divided the County into fire districts for the purposes of its regulatory powers and responsibilities, and created municipal services taxing units ( "MSTUs ") over the unincorporated portions of such districts for tax assessment purposes, which became operative after the approval by the electors of such districts at a properly -held referendum by electors in the unincorporated areas of the County. 4. Board is authorized to enter into agreements for Fire Protection Services, and Contractor wishes and is able to provide Fire Protection Services within the unincorporated portions of its fire district or districts (as defined in Appendix A). 5. The Board will compensate Contractor for providing Fire Protection Services within the unincorporated portions of its fire district or districts (as defined in Appendix A). NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein set forth to be kept and performed by and between the parties hereto, it is agreed as follows: ARTICLE THE AGREEMENT SECTION 101. PURPOSE. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of Fire Protection Services in the unincorporated areas of the 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 and 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. Fire Control Districts Appendix B. Fire Protection Services Contractors Appendix C. Supplemental Financial Information This Agreement, together with the foregoing Appendices, constitutes the entire Fire Protection Services Agreement between the Parties with respect to the provision of Fire Protection Services, and shall supersede any prior agreement, contract or memorandum of understanding between the Parties regarding such services. The Parties agree that the terms and conditions of this Agreement, including the Appendices, shall govern exclusively the obligations of the Parties. SECTION 104. SCOPE OF SERVICES. The services performed under this Agreement include, but are not limited to, the following: a. Respond with Firefighting Apparatus and Personnel to the scene of a fire, life safety related emergency, man -made or natural disaster or public service request. b. Take command and control of the emergency scene, contain any fire and mitigate any hazards at a fire scene. c. Investigate any fire within the Fire District to determine the cause and origin. d. Inspect all commercial, industrial and multi - family dwellings within the Fire District for compliance with the Florida Fire Prevention Code. e. Conduct plan reviews, as requested by the County's Building and Development Review Services Department ( "Building Department "), fire inspections, sprinkler tests, fire alarm tests and final fire inspections within the Fire District, in accordance with the Florida Fire Prevention Code. Conduct and maintain immediate access to fire pre -plan documents for all commercial, industrial and multi - family dwellings within the Fire District. Provide education programs to the public in fire prevention, life safety and disaster preparedness. g. Upon notification by the 9 -1 -1 Center of an emergency request, Contractor shall provide Fire Protection Services in accordance with the Automatic Aid /Closest Unit Response Agreement. The Firefighting Apparatus and Unit(s) which are predetermined to be the closest to the emergency scene by the Run Cards then in effect shall be dispatched without regard to fire district or jurisdictional boundaries. h. Response times must meet the minimum standards as established in this Agreement. The allotted Firefighting Apparatus must at all times be staffed with a minimum of three (3) Personnel to operate on all emergency and non - emergency calls. Apparatus staffing must include at least one firefighter that is trained and designated as a company officer. Performance must be consistent with approved fire standards and compliant with the 600 Series Pinellas County Fire Departments Standard Operating Procedures. Conduct of Personnel must be professional and courteous at all times. Crews must wear uniforms that clearly identify them as fire department employees. The Contractor is responsible to insure that equipment is maintained for optimal performance. m. The Contractor shall require Personnel to gather and enter data into the electronic fire reporting system furnished by Pinellas County for every incident responded to by the Contractor. The Company Officer is responsible for insuring the accuracy and completeness of such reports. n. Upon notification of a State of Emergency within Pinellas County, Contractor will 3 coordinate its firefighting resources with the County's Emergency Operations Centers corresponding emergency support function desk, given the nature of the event or disaster, and shall proceed in accordance with applicable plans and protocols. Such services, contained herein, shall be provided in accordance with the terms and conditions of this Agreement. The specific terms and conditions of this Agreement shall govern and prevail over this Section 104. 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: Adopted Budget" means Contractor's legislatively or officially adopted budget for the Fiscal Year, in accordance with Section 409. Annual External Audit" means the audit conducted by a certified public accounting firm retained by Contractor to state, the income, expenditures and fund balances for the prior Fiscal Year. The Annual External Audit shall include a summary report prepared by Contractor on forms provided by the County and be attested to by Contractor's auditor. Authority" means the Pinellas County Fire Protection Authority, a municipal services taxing unit established by Chapter 73 -600, Laws of Florida, as amended. 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. Budget Request" means the budget request submitted by Contractor, in accordance with Section 409. CAD" means computer aided dispatch. Caller" means a person accessing the response system by telephone. Contract Year" means, for any given year, the period commencing on October 1 and ending at midnight on September 30 of the following year. County" means Pinellas County, Florida, a political subdivision of the State of Florida. 4 Disaster" means an occurrence of a severity and magnitude that normally or potentially could result in death, injuries and /or property damage and that cannot be managed through routine procedures and resources of the Fire Protection System. Emergency Request" means a request for emergency services received directly at the 9-1-1 Center. Emergency Response" means, for the purposes of measuring response time compliance in Section 402, the act of responding to a request for services in which Contractor determined that emergency lights and sirens will be used. Fire District" where capitalized means the unincorporated area of the Fire Control District(s) designated by Board pursuant to the Special Act and shown on Appendix A attached hereto and made a part hereof. Where such term is not capitalized, the term, shall mean the entirety of the incorporated and unincorporated portions of the Fire Control District. Fire Equipment" means the equipment and tools necessary to equip and operate Firefighting Apparatus in accordance with the NFPA guidelines. Firefighter" means an individual, trained and certified in accordance with Chapter 633, Florida Statutes, as applicable, that functions as a firefighter, fire officer, or command officer employed by Contractor. Firefighting Apparatus" means emergency vehicles provided by Contractor, which are constructed and equipped to, meet or exceed NFPA 1901 requirements for an emergency pumping vehicle. Such vehicles, are used for rapid response to an emergency scene and the suppression and containment of a fire or other hazard. Firefighting Apparatus may include, but not be limited to, engines, ladder trucks, or squads, which meet the above requirements. Fire Protection Services" means the response of Firefighting Apparatus, Units and Personnel to the scene of a fire, life safety emergency, man -made or natural disaster or public service request. Fire Protection Services include the command and control of the emergency scene, the containment of any fire, and the mitigation of any hazards, and may include Specialized Rescue. Related services include fire and arson investigation, fire inspections and code enforcement, and public education. Fire Protection System" means the network of organizations, including, but not limited to, the Board, contractors, and other municipalities and special fire districts within Pinellas County, established to provide Fire Protection Services. Fire Prevention Code" means fire and life safety codes adopted by County and Contractor, in accordance with Chapter 62, Article Ill, of the Pinellas County Code. 5 Fire Station "? means any facility, designated by Contractor, which houses the Firefighting Apparatus, Units, and Personnel required to provide Fire Protection Services. The proposed locations of new fire stations, which may be used to service the unincorporated areas of the districts, will be reviewed for appropriate service area coverage by the County, and to be eligible to receive any County funding for such fire station construction, must be approved by the County. First Due Firefighting Apparatus" means Contractor's Firefighting Apparatus, within Contractor's primary response area, predetermined to be the nearest to the emergency, in accordance with Section 407 hereof. Fiscal Year" means the year commencing on October 1 of any given year and ending on September 30 of the immediately following year. Force Majeure" means any act, event, or condition other than a labor strike, work stoppage, or slowdown that has had, or may reasonably be expected to have, a direct material adverse effect on the rights or obligations of either Party under this Agreement, if such act, event, or condition is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation, or complying with any condition required, of such Party under this Agreement, and is not the result of willful or negligent action or a lack of reasonable diligence of the Party relying thereon. Such acts or events may include, but shall not be limited to, an act of God, epidemic, landslide, or similar occurrence, an act of the public enemy, war, blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. NFPA" is Contractor's currently - adopted National Fire Protection Association guidelines for Personnel, Equipment, Firefighting Apparatus and Units, as may be amended. Party" or "Parties" means either the County or Contractor, or both, as the context of the usage of such term may require. Personnel" means individuals trained and certified in accordance with Chapter 633, Florida Statutes, as applicable, who function as firefighters, fire officers, fire inspectors, arson investigators, and command officers employed by Contractor. 9 -1 -1 Center" means the 9 -1 -1 Regional Communications Center operated and maintained by the County for the purpose of receiving 9 -1 -1 calls from citizens. Response" means the act of responding to a request for services, which act begins when Contractor's Firefighting Apparatus or Unit(s) is notified of an Emergency Request. 6 Response Time" means the period of time commencing when a Firefighting Apparatus or Unit is dispatched to an emergency and ending when it arrives on the scene of the incident. Run Cards" means the 9 -1 -1 Center's computer -aided dispatch software database that recommends based upon the call location, the closest or most appropriate Firefighting Apparatus and /or Units to respond to the Emergency Request. The Run Cards will be based upon a predetermined listing of Firefighting Apparatus and Units which Contractor determined to be the closest by travel time or in the most appropriate order. Special Act" means the Chapter 73 -600, Laws of Florida, Chapter 80 -590, Laws of Florida (the Pinellas County Home Rule Charter), approved on October 7, 1980, and Chapter 62, Article II, of the Pinellas County Code. Special Events" means non - emergency events, such as sporting events, parades, festivals and other group or mass gatherings, which may require Fire Protection Services. Specialized Rescue Services" means additional services provided by some Contractors, which may include, but are not limited to, vehicle extrication, heavy rescue, hazardous materials first response, hazardous materials mitigation, high -angle and below -grade technical rescue, marine rescue, dive rescue, and the mitigation of any other situation which presents an actual or potential danger to life or property. Standard Practices" means the actions and practices of Contractor in providing Fire Protection Services, all applicable rules and regulations, the laws of the State of Florida, applicable federal laws and regulations, including state and federal Occupational Safety Health Acts, and the NFPA guidelines. State" means the State of Florida. State of Emergency" means a Disaster declared by a proclamation of the Federal Government, the State, the County, or a municipality within the County. Uncontrollable Circumstance" means a Force Majeure, a State of Emergency, or during situations in which the County Dispatch System and /or the Fire Protection System is not operating under normal response conditions. Unexpended Funds" means compensation provided to Contractor in the prior Fiscal Year that was not expended in the provision of Fire Protection Services. This amount is reported in the annual external audit. Unit(s)" means emergency vehicles provided by Contractor which are constructed and equipped, as applicable, and are used for rapid response to an emergency scene which do not meet the NFPA 1901 pumping guidelines. Units may include, but not be limited to, ladder trucks, squads, reserve pumpers, brush trucks, water tankers, Specialized Rescue Services units and command or staff vehicles. SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms. The words "include," "includes," and including" shall be deemed to be followed by the phrase "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. ARTICLE III RESERVED ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. FIREFIGHTING APPARATUS AND EQUIPMENT. ill Obligation to Provide FirefightingAooaratus and Units. At all times during the term of this Agreement, Contractor shall provide the Firefighting Apparatus and Units necessary to provide all Fire Protection Services. Contractor reserves the right to select and acquire Firefighting Apparatus and Units used in the performance of this Agreement. fig Maintenance of Vehicles and Fuel. Contractor shall be responsible for routine maintenance and repair of all Firefighting Apparatus and Units, and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles, and fuel. Contractor shall maintain Apparatus and Units in safe and proper working order. 19.1 Staffing of Vehicles. Firefighting Apparatus shall be continuously staffed with a minimum of three (3) Firefighters. WI Fire Eaulament. Contractor shall furnish and maintain all Fire Equipment required to meet the terms of this Agreement. Contractor shall support efforts toward equipment compatibility and general standardization. 8 Lei Communications Equipment. Contractor shall furnish and maintain all communications equipment including, but not limited to, station radios and encoders, mobile radios, portable radios, pagers, and cellular phones, as Contractor deems appropriate. u Command Officers. In addition to the personnel provided in (c) above, Contractor will provide its own or, through the use of automatic aid, command officers to respond to incidents within the Fire District. fgj Standard of Cover. Provide for each type of response the same or greater level of service in the unincorporated area as Contractor provides for residents and properties of the incorporated portion of the fire district. SECTION 402. RESPONSE TIME. fk Emergency Requests. Response Time to not less than ninety percent (90%) of all Emergency Responses which are (1) categorized as a structure fire or a fire alarm; (2) within Contractor's Fire District; and (3) for which Contractor's Firefighting Apparatus is predetermined, in accordance with Section 407, to be the First Due Firefighting Apparatus, shall be within seven (7) minutes and thirty (30)', seconds or less. Exemptions. 1) The Response Time requirements in subsection (a) shall not be applicable to Emergency Responses which occur during periods of Uncontrollable Circumstances; provided, however, that Contractor shall document said conditions and shall apply for this exception as provided for in subparagraph (2) below. 2) Should Contractor experience an Uncontrollable Circumstance, Contractor shall, as a- condition shall, as a condition precedent to the right to claim an uncontrollable Circumstance, notify the County within three (3) business days of when Contractor becomes aware of the Uncontrollable Circumstance. 3) Downgraded calls which occur, based on additional information such as from 9 -1 -1 Center or first Unit arrival, will be excluded from determining Response Time performance. 4) The exemptions provided for in this subsection (b) are exhaustive and no other cause of poor Response Time performance shall be allowed as exemption to these Response Time requirements and reporting provisions. 9 SECTION 403. CONTINUING EDUCATION AND TRAINING. Subject to annual budget availability, Contractor shall make available the necessary continuing education and training for maintaining the skill, competency, and required certifications for all Personnel, as required, by federal, state, or local regulation. SECTION 404. STANDARD PRACTICES. Li Standard Practices. Contractor shall insure that its policies and standard operating procedures and actions are consistent with those countywide standard operating procedures approved by the Pinellas County Fire Chiefs Association at all times and shall correct any deviations. Ride Alonas. Contractor may allow the County or its representative, in the performance of their duties, to ride in Contractor's Firefighting Apparatus or Units during responses to Emergency Requests. Such representatives shall conduct themselves in a professional and courteous manner, shall not interfere with Contractor's employees in the performance of their duties, and shall at all times be respectful of Contractor's employee /employer relationship. The County, or its representatives, shall provide proof of employment, proof of workers' compensation insurance, and complete any waiver or release forms which may be required by Contractor prior to riding in Contractor's Apparatus or Units. Such ride - alongs shall be scheduled or prearranged with Contractor. j j Special Events. In the event Contractor is called to provide Fire Protection, Services at a Special Event in its Fire District, Contractor shall be governed by the terms and conditions of this Agreement, and such periods of time shall not be excluded as an Uncontrollable Circumstance. SECTION 405. PERSONNEL. a) Training and Qualifications. All individuals employed by Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with Chapter 633, Florida Statutes, as required to perform the work the individuals are to perform, and shall hold appropriate certificates as required by state law. L% Standard of Conduct. Contractor's Personnel shall conduct themselves in a professional and courteous manner at all times. Contractor shall address and correct any departures from its standard of conduct. 10 fcl Working Conditions. Contractor shall insure that it is in compliance with all applicable state and federal laws and regulations regarding labor conditions, workplace and working conditions, and environmental safety requirements. SECTION 406. DISASTER ASSISTANCE AND MUTUAL AID. a) Disaster 'Assistance Within Pinellas County. Immediately upon notification by either Party of a State of Emergency within Pinellas County, Contractor shall commit such resources as are necessary and appropriate, given the nature of the Disaster, and shall proceed in accordance with applicable plans and protocols. During or prior to an impending local or area -wide Disaster the Contractor may withdraw that Jurisdiction's responses from the Run Card system and retain control locally of all responses of that agency's emergency units. Normal operation will be resumed by the 9 -1 -1 Center upon notification by the Contractor. During such periods, Contractor shall be released from the requirements of Section 402. When Disaster assistance has been terminated, Contractor shall notify the County that Contractor is able to resume normal operations. oil Disaster Assistance Outside of Pinellas County., If Contractor provides Disaster assistance response outside of Pinellas County, it shall be provided in a manner which does not jeopardize Contractor's ability to render reliable services under this Agreement. c) Mutual Aid. Normal (non - disaster related) mutual aid responses outside of Pinellas County, rendered by Contractor, shall be performed in accordance with the terms and conditions of this Agreement. SECTION 407. AUTOMATIC AIDICLOSEST UNIT RESPONSE. Upon notification by the 9 -1 -1 Center of an Emergency Request, Contractor shall provide Fire Protection Services in accordance with the Automatic Aid /Closest Unit Response Agreement. The Apparatus and Unit(s) which are predetermined to be the closest to the emergency scene by the Run Cards shall be dispatched without regard to Fire District or jurisdictional boundaries. Contractor's authorized representatives 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 contractors. The County, with the consent of Contractor, may update and manage the applicable Run Cards. 11 SECTION 408. FIRE REPORTING SYSTEM. Contractor shall gather and enter data into the countywide electronic fire reporting system provided by the County for every fire incident responded to by Contractor's Personnel. Design, procurement, operating costs of this information system shall be the responsibility of the County. The database of the electronic fire reporting system shall be fully comprehensive, including complete and integrated information on all Fire Protection System activities. Contractor shall require its Personnel to comply with the completion of all fire incident reports and data entry requirements to insure the accuracy and completeness of such reports, as approved and periodically revised, by Contractor and the County. The Contractor and County agree that procedures used to operate the electronic fire reporting system shall not be unduly burdensome. Contractor shall have unlimited access, regardless of storage location or medium, to electronic fire reports generated by Contractor's Personnel and all dispatch - related data in a mutually- agreeable format: SECTION 409. FINANCIAL MANAGEMENT. Lai Annual External Audit. Contractor shall provide the County with the Annual External Audit, prepared by Contractor's extemal auditor, certifying the amount of monies received from the County and the actual amount expended by Contractor for Fire Protection Services for the preceding Fiscal Year. Such annual external audit shall determine any Unexpended Funds. The Auditor shall attest to the "Supplemental Financial Information" report in Appendix C. The Annual Extemal Audit and Supplemental Financial Information shall be submitted to the County within twenty (20) calendar days after its receipt by the Contractor. Funds paid to Contractor in excess of amounts actually expended shalt be returned to the County within thirty (30) calendar days of the County's review and acceptance of Contractor's Annual External Audit. fig Budsiet Request Submission. Each Year Contractor shall submit to the County Contractors projected Budget Request for providing Fire Protection Services described herein. Such budget shall be prepared in accordance with budget preparation instructions provided each Fiscal Year by the County and shall set forth the costs of providing the services described herein. The County shall review the budget and may make recommendations for such changes as it deems necessary or appropriate. Contractors budget for the subsequent Fiscal Year must be submitted by the date specified by the County as the Fire District MSTU millage rate will be based on the Board's consideration of 12 this budget submission. u Adopted Budget Submission. Contractor shall submit to the County Contractors Adopted Budget within ten (10) calendar days after the beginning of the subsequent Fiscal Year. isll Capital Expenditures. Contractor shall prepare a capital expenditure plan for financial planning purposes, which may include, but is not limited to, facility construction and maintenance, staff and command vehicles, self contained breathing apparatus, communications, and other vehicle and equipment replacement plans. Contractor shall provide a brief narrative with the budget submission to identify individual projects and capital equipment line items. The capital expenditure plan shall project forward a minimum of five (5) Fiscal Years. Reserve for Future Years. Contractor shall request funds to be reserved for year's major capital improvement projects, which include land purchase, facility construction and renovation, ' Firefighting Apparatus and equipment replacement plans. Contractor shall provide a written project justification, designate the amount to be reserved each year, and request funding for capital expenditures projecting forward for a minimum of ten (10) years for Firefighting Apparatus and twenty -five (25) years for fire station construction and land acquisition costs. SECTION 410. FIRE INVESTIGATION. Contractor shall investigate all fires within its Fire District to determine the cause and origin. The investigation of all fires determined to be of a suspicious nature shall be coordinated with the appropriate law enforcement agency and other regulatory or investigative agencies, as applicable. SECTION 411. FIRE PREVENTION AND CODE ENFORCEMENT. a) Fire Inspections. Contractor shall conduct periodic fire Inspections of all commercial, industrial, and multi- family dwellings in the Fire District, in accordance with the Fire Prevention Code. Contractor shall ensure that water flow testing, fire alarm testing, and other related services or inspections are conducted, as necessary. Any fees charged by the Contractor for fire inspections shall not exceed those fees charged within the Contractor's municipal area The County is not responsible for any payments associated with fire inspections. b) Plan Review and Final Fire Inspections. Contractor shall conduct plan reviews, fire inspections, sprinkler tests, fire alarm tests, final fire inspections, and other related services in the unincorporated area of the Fire District, in accordance with the Fire Prevention Code. County shall make building plans available to the Contractor for pickup 13 and review. Final inspections shall be on the date and time agreed to by the building contractor, Contractor's Fire Department and County's Building Department. Any fees charged by the Contractor for plan reviews and final fire inspections shall not exceed those fees charged within the Contractors municipal area. The County is not responsible for any payments associated with plan reviews and final fire inspections. c) Code Enforcement Standards. Contractor shall interpret and enforce the NFPA 101, Life Safety Code, as may be amended, in the Fire District, consistent with the interpretations of the prevailing regulatory authority or the Pinellas County Construction and Licensing Board. Contractor shall interpret and enforce only the Fire Prevention Code, and shall not interpret or enforce any building codes in the unincorporated area, except as they relate to fire or life safety issues. W Complaint Resolution_ Any complaints received by Board or County from builders, contractors, property owners, or citizens relating to plan reviews, fire inspections, sprinkler tests, fire alarm tests, final fire inspections, and other related services in the unincorporated area of the Fire District, will be forwarded to Contractor for investigation. Contractor will forward to the County a detailed report concerning the incident, and outline any appropriate remedial action taken. The County reserves the right to investigate all complaints and to recommend remedial actions. lid Property Identification. Contractor shall, as manpower permits, enforce Chapter 170, Article I, Section 4, of the Pinellas County Code in the Contractor's Fire District(s) which relates to the requirements for property identification. Contractor shall enforce the code, at a minimum, for all commercial structures and multi- family dwellings. SECTION 412. SPECIALIZED RESCUE SERVICES. Contractor may provide Specialized Rescue Services which include, but are not limited to, vehicle extrication, heavy rescue, hazardous materials first response, hazardous materials mitigation, high angle and below grade technical rescue, marine rescue, dive rescue, and the mitigation of any other situation which presents a danger to public safety, life or property. SECTION 413. PUBLIC EDUCATION. Contractor is encouraged to make available to the local community, fire prevention and disaster preparedness education (Le., 9 -1 -1 usage, burn injury prevention, smoke alarm usage, fire escape planning, and hurricane preparedness). The programs may be developed by the Contractor or in coordination with the Fire Protection System or the County. 14 SECTION 414. SHARED RECOGNITION. Contractor and the County shall promote, protect, and enhance the reputation of the County, Contractor, and the Fire Protection System throughout the term of this Agreement. Any news releases, statements, or public information given by Contractor's or County's personnel to the public or the media shall be consistent with the design and operation of the Fire Protection System and include shared positive recognition of all service providers and system components, as applicable. SECTION 415. REQUESTS FOR EMERGENCY ASSISTANCE. When Contractor receives a request for emergency assistance from a source other than the 9 -1 -1 Center, Contractor shall record the address and telephone number of the caller, obtain the location and nature of the emergency, and shall immediately respond to the request for emergency assistance, as applicable.. Contractor shall immediately advise the 9 -1 -1 Center of the information received, and any response initiated. ARTICLE V DUTIES AND RESPONSIBILITIES OF COUNTY SECTION 501. COUNTY ROLE AS THE FIRE PROTECTION AUTHORITY. The Authority was established to implement a permanent plan of fire protection for the County and each of its municipalities including, but not limited to, determining minimum service levels, uniform standards for fire hydrants, implement County-wide reciprocal, mutual, or outside assistance programs, and to cause to be provided Fire Protection Services throughout Pinellas County. Since 1973, the sophistication and utilization of the entire emergency services system has increased dramatically. In keeping with the spirit of the Special Act, the County coordinates and facilitates advancements in policies, standards, technology, and special projects to enhance and improve the Fire Protection System. The County shall not interfere with the daily operations of Contractor in providing Fire Protection Services. The County shall perform all, functions as indicated, pursuant to Pinellas County Home Rule Charter and Chapter 62, Article 11, of the Pinellas County Code and the Pinellas County Charter. SECTION 502. AUDIT AND INSPECTION. Representatives of the County may observe Contractor's operations at any time during normal business hours, and as often as may reasonably be deemed necessary. Contractor shall make available to County for its 15 examination, its records with respect to all matters covered by this Agreement, and County may audit, examine, copy, and make excerpts or transcripts from such records, and may make audits of all contracts, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement. County's right to observe and inspect operations or records in Contractor's business office shall, however, be restricted to normal business hours, and reasonable notification shall be given Contractor in advance of any such visit. Records relating to contract activities shall be retained for three (3) years from final payment in each year County shall pay any reasonable costs for copying any materials requested. SECTION 503. COMMUNICATIONS INFRASTRUCTURE. County shall furnish and maintain, at no cost to Contractor, the communications infrastructure which shall include: emergency (9 -1 -1) and non - emergency telephone access, dispatch communication services, the public safety radio system, and the, Computer Aided Dispatch (CAD) and fire reporting computer system. ARTICLE VI INSURANCE 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 Board 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 Board, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to Board 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 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. 16 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, F.S., should the State Legislature change these limits, coverage consistent with law 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 Board 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 Board. Contractor shall also notify Board 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 Board or County for payment of premiums or assessments for any deductibles which all are at the sole responsibility , and risk of Contractor. c) The Board shall be endorsed to the required policy or policies as an 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 Board or the County, to any such future coverage, or to County's Self - Insured Retention of whatever nature. 17 SECTION 603. LIABILITY. Contractor and Board 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, County or Board. Nothing herein shall be construed as consent by Contractor or Board 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 Board, its employees or agents, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by the Board to provide, services related to this Agreement (including but not limited to other Contractors). This Section 603 shall survive expiration or earlier termination of this Agreement. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. The Board shall review and approve Contractor's Budget Request, in accordance with Chapter 62, Article II, of the Pinellas County Code, and other applicable law. Approval shall not be unreasonably withheld. County shall calculate the annual compensation as the percentage of unincorporated area multiplied by the lower amount of the initial Budget Request or the Adopted Budget. The percentage of unincorporated area within the fire district shall be calculated in accordance with Chapter 62, Article tl, of the Pinellas County Code. The County shall pay Contractor monthly in arrears for the provision of Fire Protection Services beginning after October 1 of a given Fiscal Year in the amount of 1/12 of the annual compensation. SECTION 702. USE OF RESERVE FOR FUTURE YEARS. Subject to Contractor's substantial compliance with section 409 (d) & (e), upon a written request of Contractor, the County shall review and provide funding for the County's portion of a capital expenditure from Contractor's Reserve for Future Years fund held by the County. The County shalt calculate its portion of the capital expenditure based upon the percentage of unincorporated area within the fire district, in accordance with Chapter 62, Article II of the Pinellas County Code. The County shall pay Contractor a single payment upon completion of the project or at agreed -upon milestones of a major project. 18 SECTION 703. WITHHOLDING FUNDS. County may withhold payment to Contractor if it fails to meet its obligations in accordance with the provisions of Sections 803 and 804 of this Agreement. SECTION 704. FUNDS TO BE USED SOLELY FOR FIRE PROTECTION SERVICES. Contractor recognizes that funds provided pursuant to the Agreement are derived from ad valorem taxes collected from MSTUs, and must be dedicated solely to the provision of Fire Protection Services. Contractor, therefore, agrees that funding provided under this Agreement will be used strictly for the provision of the services described herein. Contractor shall not use funds for non - operating purposes including, but not limited to, gifts, donations, good will, and travel expenses in excess of rates specified by applicable law, municipal policy, or Section 112.061, Florida Statutes SECTION 705. OTHER FUNDS. Money acquired through special programs, projects, gifts, or funds received through fundraising efforts will not be used by the County to offset the fire district's Budget Request or the Approved Budget, but shall be used for direct benefit of the fire district. However, funds from interest earned by the investment of Fire District funds, and funds from other Fire Protection Services agreements, shall be used to offset the Fire District's Final Approved Budget. Funds provided to Contractor through any County EMS Agreement will be used to offset Fire District Budget Request or Approved Budget if the Contractor's budget process combines both Fire and EMS funding into one document for review by the County. SECTION 706. FISCAL NON - FUNDING. The funds to be used for services performed pursuant to this Agreement are subject to periodic appropriation of funds by County. If funds are not appropriated by County for any or all of this Agreement, County shall, not be obligated to pay for any services performed under this Agreement beyond the portion for which funds are appropriated. Such failure of appropriation shall not constitute a breach of this Agreement. County agrees to promptly notify Contractor in writing of such failure of appropriation, and this Agreement shall terminate on the last day of the fiscal period for which funds have been appropriated. 19 SECTION 707. PROHIBITIONS AGAINST MORTGAGE OF ASSETS. Contractor agrees that acquisition of capital assets with funds provided under this Agreement shall be by purchase, lease purchase, or lease and Contractor shall not mortgage or pledge as security any such assets for any debt without the written consent of County. ARTICLE Vlll TERM AND TERMINATION SECTION 801. TERM OF AGREEMENT. The initial term of this Agreement shall be for three (3) years, commencing October 1, 2014 and ending at midnight September 30, 2017, unless this Agreement is earlier terminated as provided for herein. This Agreement may be extended for an additional two (2) year period following the initial term, provided that Parties mutually agree in writing to such extension which is subject to County and Contractor approval prior to July 1, 2017. References in this Agreement to "Term" shall include the initial term of this Agreement and all extensions thereof. SECTION 802. TERMINATION AND DISPOSITION OF ASSETS.'' Termination =BV County. County may terminate this Agreement by serving upon Contractor a ninety (90) calendar day written notice of County's intention to terminate this Agreement; however, shorter notice may be given if the County determines an emergency', situation exists requiring such action. Upon the effective date of termination of the Agreement, the County is not obligated to pay Contractor for Fire Protection Services, nor is Contractor obligated to provide Fire Protection Services, as defined in this Agreement. fig Termination By Contractor. Contractor may terminate this Agreement by giving to County ninety (90) calendar days' written notice of its intention to terminate. u Disposition of Assets. 1 Properties Held in Trust. The parties agree that all vehicles, equipment, and property, real or personal, tangible or intangible, that have been paid for in full or in part by funds supplied by the County under this or any prior Fire Protection Services agreement are held by Contractor in trust for the benefit of the taxpayers of the fire district, and that County has all rights and powers of enforcement with respect to such trust. 20 ii Assets Paid For By County, Upon termination of this Agreement, Contractor shall retum to County, for the use and benefit of the taxpayers, all assets purchased with funds provided to Contractor under this or any prior Fire Protection Services agreement with the County. County will assume any obligation on such assets which was incurred in accordance with the terms of this Agreement. Ea Assets Paid For By Contractor. Any assets which were purchased solely with funds other than those provided by County to Contractor under this, or any preceding Fire Protection Services agreement, shall remain the property of Contractor. iluf Assets Paid For jay Both Contractor and County. In case of any asset purchased under this or any prior Fire Protection Services agreement with funds of both Contractor and the County, Contractor and County shall determine the fair market value of such asset, and then shall prorate such fair market value according to the respective interest of both Contractor and the County. In the event Contractor desires 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 interest in said asset. If neither 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 Contractor and the County. Intancible Assets. Upon termination of this Agreement, Contractor shall also return to County all unexpended monies received from the County, pursuant to this or prior Fire Protection Services agreements, including monies in reserve or in any bank account, but not earned as compensation for services provided. ttil Date to Retum Assets. The retum of any assets and funds shall be executed and completed upon the effective date of termination, as specified in the termination notice. Lt. List of Assets. In connection with the retum of assets and funds, Contractor shall submit to County a list ofthe capital assets, along with a list of the accounts held in Contractor's name, which are held in conjunction 21 with this Agreement. viii) Debt Resolution. Contractor is responsible for all pro-rated debts incurred in the performance of the obligations of this Agreement. SECTION 803. PERFORMANCE DEFICIENCY. In the event that the County finds any deficiency in meeting the level of services described herein which affects, or may affect, the performance of services hereunder, County shall notify Contractor of such deficiency, or deficiencies, and shall give Contractor thirty (30) calendar days from receipt of such notice within which to cure such deficiency to the satisfaction of County. County may, in its sole discretion, extend the cure period. In the event of such extension, Contractor and County shall prepare an agreement outlining a planned program for curing the deficiency. SECTION 804. RESOLUTION OF DISPUTES. Resolution of any controversy or dispute that may arise under this Agreement shall be resolved in a timely manner. shall establish a committee consisting of representatives of Contractor, the County, and of a fire service provider mutually acceptable to Contractor and the County. The committee shall meet as the circumstances may deem necessary to resolve controversies and disputes. If the committee fails to resolve the dispute, either party may pursue its legal remedies, including, but not limited to, filing a complaint in the appropriate court possessing competent jurisdiction upon satisfaction of all statutory conditions precedent thereto. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate against any applicant for employment because of age, race, color, religion, sex, sexual orientation or national origin. Contractor agrees that applicants will 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. The Contractor will post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 22 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, retum receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to County: Pinellas County Safety & Emergency Services — Fire Div.12490 Ulmerton Road Largo, Florida 33774 If to Contractor: See Appendix B SECTION 903. ENTIRE AND COMPLETE AGREEMENT. This Agreement, 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'forrnaiity 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. The law of the State 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 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 expedient. 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 breech 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, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. SECTION 908. CONTRACTOR IS INDEPENDENT CONTRACTOR. The Parties agree that throughout the Term of this Agreement, and during the performance of any obligations hereunder, Contractor is an independent contractor in all respects and shall not be the agent, servant, officer, or employee of the 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 Contractor under this Agreement shall be assigned to any person, private association or 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. IN WITNESS WHEREOF, the parties hereto, by and through their undersigned authorized officers, have caused this Agreement to be executed on this day of Va/a fI 2014. ATTEST: PINELLAS COUNTY, Ken Burke, CLERK by and through its goveming body, The Pinellas County Board of County Commissioners, as the Fire Protection Cyr Authority by by: CA-PAN- Se..d Depvt 6 1 seal) 24 Chairman Fire Protection Services Agreement APPROVED AS TO FORM: Office of the County Attorney Countersigned: C- 2A)r1e nert\-( f George N. Cretekos Mayor Approved as to form: Roberti. ette Assistant City Attorney Contractor CITY OF CLEARWATER, FLORIDA by: N, -Gt/c 674 yi r. W lam B. Horne II / City Manager Attest: by: t Rosemarie Call City Clerk 25 ii>41ETM P. WAKE, Clark of the Circuit Court and flcio, Board of County Commissioners, ertify that the above and foregoing is a d# fr9 ' correct copy of the original as it appears 4 It -thiti official files of the Board of County pljwrriis8 +o. iers of Pinellas County, Florida. rYNitraess mia d nd seal of s• id Coiinty FL this ') _day 1.7 L•-• ./ : of ? G u'l /A.D. 20 to $URKE, rk of the Circuit Court Ex h, o4 the Board of County Co / mi j.loners, 0 rr , in a C i`` i ``"4; 13yt. C; 1 _` lorida. Clerk APPENDIX A FIRE CONTROL DISTRICTS Fire Control District Fire Service Contractor Belleair Bluffs Fire Control District City of Largo Clearwater Fire Control District City of Clearwater Dunedin Fire Control District City of Dunedin Gandy Fire Control District City of St. Petersburg Highpoint Fire Control District (West) City of Largo Largo Fire Control District City of Largo Pinellas Park Fire Control District City of Pinellas Park Safety Harbor Fire Control District City of Safety Harbor Seminole Fire Control District City of Seminole Tarpon Springs Fire Control District City of Tarpon Springs 26 APPENDIX B FIRE PROTECTION SERVICE CONTRACTORS City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 Attn: Mayor City of Dunedin P.O. Box 1348 Dunedin, FL 34697 -1348 Attn Mayor City of Largo 201 Highland Avenue Northeast Largo, FL 33770 Attn: Mayor City of Pinellas Park P.O. Box 1100 Pinellas Park, FL 33780 -1100 Attn: Mayor City of Safety Harbor 750 Main Street Safety Harbor, FL 34695 -3597 Attn: Mayor City of Seminole 9199113' Street North Seminole, FL 33772 Attn: Mayor City of St. Petersburg P.O. Box 2842 St. Petersburg, FL 33731 -2842 Attn: Mayor City of Tarpon Springs 324 Pine Street East Tarpon Springs, FL 34689 Attn: Mayor APPENDIX C SUPPLEMENTAL FINANCIAL INFORMATION In accordance with Pinellas County Home Rule Charter and Chapter 62, Article II of the Pinellas County Code and the Fire Services Agreement, funds provided by Pinellas County to Contractor can only be used in support of fire related adlvIlles. Therefore, a proportional share of any unspent balance at the conclusbn of a fiscal year are to be returned to Pinellas County where these funds wiN be retained k a discrete spedal revenue fund for the Fire Dlstrk:L Funds paid to the Contractor in excess of amounts actually expended shall be retumed to the County within thirty (30) calendar days of the County's review and acceptance of the Contractor's annual extemal audit In accordance with Section409(a), the following foam will be provided to Pinellas County within 20 days after receipt by the Cordractor the year following the audited year together with the Financials. Contractor Name: Person Completing Form: Phone Number:____ Fiscal Year: 1 4 Note: All references are only to the Fire District, end do not include any revenue or expenditures associated with EMS. State Law and County Code forbid the use of fire funds for EMS ourooses or EMS funds for fire ffohtirto. Le.. fire funds cannot be used to purchase rescue units. attend EMS related conferences or membership in EMS oroanir etions or to oav salary and benefits of EMS'oersonnel etc. if the specific items are not documented in the audited financials, please compute the amount and place it on the (form and attach documentation showing how the information was calculated citing information contained In the audited financials To be Completed by Contractor 1. Total Expendftures by Contractor 2 Less;. Other Revenuesreoeived by Contractor' 4. Total Outlay by Contractor (1 less 2). 6. Pinellas County Percentsge `of District '•,/ ='! 8. ;Total PtneIas Cou ty Share (3; 10 Pinellas County Paid to Contractor;, i2. Total Due to Pinellas County ( the: District) (S less 5) 8. Fund 9alaneeretained by Contractorx „:;. 5 Audit Page Includes interest and other lire protection agreements revenue •• To be provided by Pinellas County Fire Authority PLEASE INCLUDEA COPY OF YOUR ANNUAL AUDIT AND ANY OTHER SUPPORTING DOCUMENTATION AS NEEDED Signature Please return completed form to: or email to: Date Pinellas County Safety & Emergency Services Fire Administration 12490 Ulmerton Road Largo, Ft. 33774 kcervoneeoinellascountv.ora 28 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3730 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve Purchase Orders in the amount of $70,936.80 and $91,992.29 to Bibliotheca of Norcross, GA, for the purchase of Radio Frequency Identification (RFID) System and Automated Materials Handler, and authorize the appropriate officials to execute same. (consent) SUMMARY: This project provides for the implementation of Phase Three of Radio Frequency (RFID) technology at the joint use Clearwater East Community Library. This technology will allow the joint use Clearwater East Community Library to perform many repetitive tasks more efficiently. Stacks of books can be checked in and out with one movement and sorting machine will move materials quickly and accurately. This purchase includes the AMH System, a conveyer belt system designed to check in items and perform an initial sort into multiple bins. It also includes AMH bins, RFID gates, selfCheck freestanding kiosks, shipping and handling, as well as installation and training. In accordance with City Code Section 2.564 (1)(d), the utilization of other government contracts, the purchase will be made off of City of Largo Library Department’s Bibliotheca contract. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 0315-94861-564000-571-000-0000, Library Technology, to fund this contract. Amount: $162,929.09 Page 1 City of Clearwater Printed on 8/14/2017 Quote To Quote Details: Clearwater Public Library System - Main - (PPLC)AMH ONLY - Clearwater_Bulk_5B_RevA0 Jennifer Obermaier 100 North Osceola Avenue, Clearwater, FL 33755-4083 United States of America jennifer.obermaier@myclearwater.com 1 727 562 4973 Quote expires sixty (60) days from Quote Date above. If applicable, the hardware and software includes 12-month warranty, set-up and configuration Quote Number:QUO-61553-Z9Q9, Rev: 3 Quote Date:May 05, 2017 Name:Tito Vazquez Email:t.vazquez@bibliotheca.com Telephone: Item ID Item Type Quantity Sale Price Sub Total FLX000001-000-US FLX AMH System Standard Payment Terms: 50% on Order 40% on Shipment 10% on Acceptance 1 $76,262.890 $76,262.89 AMH200041-000-US AMH Bin large 900 x 600 x 865mm 5 $1,239.380 $6,196.90 SVC000001-000-US On-Site Installation and/or Training - AMH & RFID System Installation Security pedestal in-floor mounting, electrical and network connection (if required) and configuration is included in the On- Site Installation price. Does not include trenching or network/electric cabling, which must be performed by the Library if required. Training is provided as part of the installation price and is also available subsequently, tailored to the Library's requirements. 1 $5,000.000 $5,000.00 SHP000001-000-US Shipping and Handling Shipping is estimated on one receiving location, unless otherwise noted, and on current rates and proposal. 1 $4,532.500 $4,532.50 Total (Less Sales Tax):$91,992.29 Grand Total:$91,992.29 Submit Purchase Order by fax to 1-877-689-2269 or by email to orders-us@bibliotheca.com. Accepted By: ____________________________________________________________ Accepted Date: __________________________________________________________ Additional Details All prices including Service and Maintenance do not include any applicable sales tax. If tax exempt, please provide Tax Exempt Certificate. Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment. A copy of Tax Exemption Certificate is required with purchase order for all tax exempt customers. Quotations are good for 60 days. All dates are based on ship dates. Order must ship within the 60 day window. After 60 days, quotation expires. Contact Bibliotheca for a New Quotation. Manager Approval: ______________________________________ Page 1 of 2 Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Customer Official System Quote Customer Purchase Order Number: _________________________________________ Page 2 of 2 Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Customer Official System Quote Quote To Quote Details: Clearwater Public Library System - Main - (PPLC)SPC East Library RFID Linda Rothstein 100 North Osceola Avenue, Clearwater, FL 33755-4083 United States of America linda.rothstein@myclearwater.com 727 562-4971 Quote expires sixty (60) days from Quote Date above. If applicable, the hardware and software includes 12-month warranty, set-up and configuration Quote Number:QUO-63836-P2C8, Rev: 0 Quote Date:May 05, 2017 Name:Tito Vazquez Email:t.vazquez@bibliotheca.com Telephone: Item ID Item Type Quantity Sale Price Sub Total GAT000610-001-US RFID gate premium Buried Cable, 1 aisle 2 $14,325.900 $28,651.80 SHP000001-000-US Shipping and Handling Shipping is estimated on one receiving location, unless otherwise noted, and on current rates and proposal. 1 $2,850.000 $2,850.00 SCK600002-001-US selfCheck 1000 freestanding kiosk (black) 3 $13,145.000 $39,435.00 Total (Less Sales Tax):$70,936.80 Grand Total:$70,936.80 Submit Purchase Order by fax to 1-877-689-2269 or by email to orders-us@bibliotheca.com. Accepted By: ____________________________________________________________ Accepted Date: __________________________________________________________ Customer Purchase Order Number: _________________________________________ Additional Details All prices including Service and Maintenance do not include any applicable sales tax. If tax exempt, please provide Tax Exempt Certificate. Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment. A copy of Tax Exemption Certificate is required with purchase order for all tax exempt customers. Quotations are good for 60 days. All dates are based on ship dates. Order must ship within the 60 day window. After 60 days, quotation expires. Contact Bibliotheca for a New Quotation. Manager Approval: ______________________________________ Page 1 of 1 Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Customer Official System Quote Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: CPA2017-02001 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan Coastal Management Element, addressing the statutory requirements for the 2015 Peril of Flood Florida Senate Bill 1094; and pass Ordinance 9048-17 on first reading. (CPA2017-02001) SUMMARY: This proposed ordinance contains numerous amendments to the goals, objectives and policies of the Coastal Management Element of the Clearwater Comprehensive Plan. Most of the proposed amendments address the six components of Senate Bill 1094 (2015), “An Act relating to the peril of flood” (Peril of Flood) which requires that a local governments’ Coastal Management Element include a coastal redevelopment component that address how to “eliminate inappropriate and unsafe development in the coastal areas when opportunities arise.” The most substantial amendment is the creation of new Goal E.2, and its objectives and policies. New Goal E.2 includes seven objectives and 22 total policies, several of which were already within the City’s Comprehensive Plan but are proposed to be relocated under this new Goal. The seven proposed objectives touch on: development and redevelopment in the City being planned and managed to reduce risk and losses due to various factors; hazard mitigation efforts to reduce flood risk in coastal areas; the City’s continued efforts to educate residents about flood risks and programs that aim to reduce flood hazards; adapting the built environment to address impacts of sea level rise; proposing the City create an Adaptation Action Area(s) by 2020; ensure public infrastructure construction or reconstruction is being evaluated against flooding vulnerabilities and sea level rise; and evaluating and identifying if public investments should be rebuilt or relocated to maximize their effective life span. Additional amendments to the Element aim to make it more comprehensible. This is achieved through limited reorganization of certain objectives and/or policies, and also by modifying certain existing objectives. Also, there are instances where outdated language is being updated to more appropriate terms (e.g., changing “coastal high hazard area” to “coastal storm area” in renumbered Policy E.4.1.1). There are also new policies proposed to be added under existing objectives which aim to bolster those objectives (e.g., adding new Policies regarding post-disaster redevelopment planning). Lastly, maps E-1A, E-1B, E-2 and E-3 are all being updated. Maps E-1A and E-1B are the Coastal Storm Area maps for the City which must be updated to reflect updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model data from the National Oceanic and Atmospheric Administration (NOAA) effective in 2016. This new SLOSH data is also utilized to create Maps E-2 and E-3, the hurricane storm surge areas and hurricane evacuation zones, Page 1 City of Clearwater Printed on 8/14/2017 File Number: CPA2017-02001 which are also proposed to be amended. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on June 16, 2017 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in November. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 ` 1 Ordinance No. 9048-17 ORDINANCE NO. 9048-17 AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY), FLORIDA, MAKING AMENDMENTS TO THE CITY’S COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA SENATE BILL 1094 (2015) “PERIL OF FLOOD ACT” BY MODIFYING THE COASTAL MANAGEMENT ELEMENT, ADDING A NEW GOAL AND POLICIES RELATED TO STRATEGIES AND ENGINEERING SOLUTIONS THAT REDUCE FLOOD RISK IN THE CITY’S COASTAL AREAS; ADDING POLICIES THAT ENCOURAGE SHORELINE PRESERVATION WITHIN THE CITY’S BARRIER ISLANDS; INCORPORATING NEW POLICIES THAT ENCOURAGE MORE RESILIENT CONSTRUCTION PRACTICES AND THE POSSIBILITY OF IMPLEMENTING A MORE ROBUST STORMWATER DESIGN POLICY; ADDING POLICIES BOLSTERING THE CITY’S POST-DISASTER MANAGEMENT PLANNING; REARRANGING THE ORDER OF SEVERAL EXISTING POLICIES WITHIN THIS COASTAL MANAGEMENT ELEMENT TO MAKE THIS SECTION MORE COMPREHENSIBLE; BY AMENDING MAPS E-1A, E-1B, E-2 AND E-3; UPDATING VARIOUS TERMS AND REFERENCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Florida Senate Bill 1094, also known as the Peril of Flood Act, was signed into law in 2015; and WHEREAS, the Peril of Flood Act included sea level rise as one of the causes of flood risk that must be addressed in the Coastal Management Element of a Comprehensive Plan; and WHEREAS, the Peril of Flood Act established six components aimed at reducing the risk of flood and encouraged participation in the Community Rating System; and WHEREAS, the City of Clearwater (“City”) was selected by the Department of Economic Opportunity in 2015 to participate in a Sea Level Rise and Coastal Resiliency Pilot Project; and WHEREAS, the City was selected by the Department of Economic Opportunity in 2017 to receive a technical assistance grant to address the Peril of Flood requirements; and WHEREAS, the City desires to address the Peril of Flood requirements using the findings from the Sea Level Rise and Coastal Resiliency Pilot Project and the technical assistance grant; and ` 2 Ordinance No. 9048-17 WHEREAS, this ordinance addresses the Peril of Flood requirements within the Coastal Management Element of the Clearwater Comprehensive Plan; and WHEREAS, the City Council finds it necessary, desirable, and proper to adopt the amendments to the Goals, Objectives and Policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Policies E.1.2.2 through E.1.2.4 of the Clearwater Comprehensive Plan Coastal Management Element be deleted with the subsequent policies renumbered: ***** E.1.2.2 Clearwater shall continue hazard mitigation by participation in the National Flood Insurance Program’s (NFIP) Community Rating System, Pinellas County’s Local Mitigation Strategy, administration of building and rebuilding regulations consistent with City and FEMA regulations, prohibition of beach sand dune alteration, and restriction of development in flood plains. E.1.2.3 The City will encourage natural hazard mitigation actions recommended by ant interagency hazard report that the City deems appropriate. E.1.2.4 General hazard mitigation will be encourage to include the regulation of building practices, floodplains, beach and dune alteration, stormwater management, sanitary sewer and septic tanks, and land use to reduce the exposure of human life and public and private property to natural hazards; and appropriate recommendation from the Pinellas County Local Mitigation Strategy will be incorporated into the Clearwater Comprehensive Plan. ***** Section 2. That Policy E.1.5.1 of the Clearwater Comprehensive Plan Coastal Management Element be amended to read as follows: ***** E.1.5.1 Critical facilities and infrastructure Public facilities, infrastructure, and utilities in the Coastal Storm Area should be maintained and improved when as necessary, and consistent with the Level of Service demands in the functional elements. Future projects are addressed in the Capital Improvement Element. ***** Section 3. That Objective E.1.6 of the Clearwater Comprehensive Plan Coastal Management Element and its Policies be deleted: E.1.6 Objective – Development and redevelopment areas established in the coastal storm area should address the needs and opportunities unique to those locations. E.1.6.1 Redevelopment proposals and plans shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans including Beach by Design: A preliminary Design for Clearwater Beach and Design Guidelines and the City’s NFIP Community Rating System Floodplain Management Plan. ` 3 Ordinance No. 9048-17 E.1.6.2 New development or redevelopment is encouraged to include principles, strategies, or engineering solutions that: a. reduce the flood risk in the coastal areas which results from high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise; b. may reduce losses due to flooding and claims made under flood insurance policies in this state. E.1.6.3 New development or redevelopment shall be consistent with, or more stringent than, the flood resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. E.1.6.4 The City will encourage the preservation of recreational and commercial working waterfronts and marina and other water dependent facilities. E.1.6.5 The City discourages the rezoning of recreational and commercial working waterfronts. E.1.6.6 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. Section 4. That a new Goal E.2 of the Clearwater Comprehensive Plan Coastal Management Element and new objectives and policies be added as follows, with subsequent Goals, Objectives and Policies renumbered: E.2 GOAL - NEW DEVELOPMENT, REDEVELOPMENT, AND INVESTMENT IN PUBLIC FACILITIES, UTILITIES, AND INFRASTRUCTURE SHALL BE MANAGED AND REGULATED TO REDUCE FLOOD RISK IN THE COASTAL AREAS RESULTING FROM HIGH-TIDE EVENTS, STORM SURGE, FLASH FLOODS, STORMWATER RUNOFF, AND THE RELATED IMPACTS OF SEA LEVEL RISE AND TO REDUCE LOSSES DUE TO FLOODING AND CLAIMS MADE UNDER FLOOD INSURANCE POLICIES ISSUED IN THIS STATE. E.2.1 Objective – Development and redevelopment in the City shall be planned and managed to reduce risk and losses due to flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. Policies E.2.1.1 Development and redevelopment plans and proposals in the coastal storm area shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans and references, including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the City’s National Flood Insurance Policy (NFIP) Community Rating System (CRS) Program, and Floodplain Management Plan. E.2.1.2 The flood-resistant construction requirements in the Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part 60, or ` 4 Ordinance No. 9048-17 more stringent controls, shall continue to be applied to development and redevelopment in the coastal storm area. E.2.1.3 By 2020, the City shall explore the feasibility of requiring rather than encouraging the use of Low Impact Development site design methods for new development, redevelopment, additions and retrofits, and modifications to properties in the coastal storm area. E.2.1.4 Low Impact Development design standards shall provide for site design, engineering, and stormwater management designs and retrofits that reduce run- off, mitigate flood impacts, and provide for the on-site absorption, capture, and reuse of rain water. The standards shall encourage or require the increased use of “green” stormwater management treatments, native/Florida-friendly landscape material, porous paving materials, and the preservation and restoration of natural drainage characteristics. E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA. E.2.2 Objective – Hazard mitigation efforts will be implemented to reduce flood risk resulting from high-tide events, storm surge, flash flood, stormwater runoff, and the related impacts of sea level rise. Policies E.2.2.1 The City shall encourage and support hazard mitigation efforts through continuation of the following activities:  Participation in the National Flood Insurance Program’s Community Rating System;  Participation in the Pinellas County’s Local Mitigation Strategy;  Administration of building regulations consistent with City and FEMA regulations;  Review and implementation of appropriate policies and strategies developed by partner agencies or through interagency hazard assessment and mitigation initiatives;  Prohibition of beach sand dune alteration; and  Restriction of development in floodways. E.2.2.2 The City will continue to monitor and coordinate with the Pinellas County Local Mitigation Strategy Work Group and evaluate the feasibility of incorporating recommendations from that initiative and other intergovernmental hazard planning initiatives into the Clearwater Comprehensive Plan and Land Development Code. E.2.2.3 The City will continue to apply building code and land development code requirements to ensure noncompliant structures are brought into conformance with FEMA flood elevation standards or will be flood proofed consistent with FEMA standards. E.2.3 Objective – Continue to educate the public on flood risks, as well as mitigation strategies and available programs to reduce flood hazards and improve the City’s ` 5 Ordinance No. 9048-17 Community Rating System (CRS) score, which will allow for decreased flood insurance premiums. Policies E.2.3.1 Continue to prepare and disseminate communications and conduct NFIP community workshops to provide information regarding the benefits of acquiring flood insurance. E.2.3.2 Continue to update, maintain, and make available for public review flood risk maps and related information indicating risks associated with high tide events, storm surge, flash flood, stormwater runoff, and related impacts of sea level rise. E.2.3.3 Flood elevation certificates shall continue to be made available for public review. E.2.4 Objective – The practice of adapting the built environment to address impacts of sea level rise shall be an integral part of the City’s planning process and in its coordination with partner agencies. Policies E.2.4.1 The anticipated impacts of storm surge and sea level rise shall be a consideration in the implementation and administration of the City’s Comprehensive Plan, building and life-safety codes, capital improvement plans, emergency management plans, land development codes, water resource and stormwater management plans, coastal management plans, and economic development programs. E.2.4.2 The City shall work with local, state, and federal entities in the continued assessment of vulnerabilities and the development of mitigation and adaptation strategies to address the impacts of sea level rise. E.2.5 Objective – By 2020, the City shall designate Adaptation Action Area(s) identifying locations vulnerable to the impacts of sea level rise, include Adaptation Action Area mapping in the Future Land Use Plan map series, and define policies and strategies applicable to development, redevelopment, and investment in public facilities, infrastructure, and utilities addressing long term impacts. Policies E.2.5.1 Map Adaptation Action Areas to identify areas vulnerable to the impacts of sea level rise. E.2.5.2 Identify and implement adaptation policies to increase community awareness and evaluate the impacts of requiring elevated finished floors, additional freeboard, and wet/dry flood proofing in areas outside designated flood plains but within the designated Adaptation Action Area. E.2.5.3 Work with local, state and regional partners to identify funding sources to support adaptation projects located within Adaptation Action Areas. ` 6 Ordinance No. 9048-17 E.2.5.4 Evaluate the costs and benefits of adaptation alternatives in the location and design of new infrastructure and the fortification or retrofitting of existing infrastructure. E.2.5.5 After the mapping of Adaptation Action Areas, follow a regular program of assessment and reevaluation to ensure policies and strategies address known and anticipated risks associated with sea level rise. Activities shall include acquisition of necessary modeling data and programs to update the Adaptation Action Area map(s) in the City’s Future Land Use Plan map series. E.2.6 Objective – When constructing or reconstructing utilities or infrastructure, evaluations shall be completed to assess vulnerability and resilience to sea level rise and identify cost-effective strategies to ensure resilience. Policies E.2.6.1 The City shall continue to evaluate opportunities to protect public facilities, infrastructure, and utilities from the impacts of sea level rise. E.2.7 Objective – Evaluate and identify which public investments and infrastructure should be built or rebuilt, modified or relocated to maximize the effective life span. Policies E.2.7.1 By 2020, identify public facilities and infrastructure at risk from sea level rise and plan for updates to the assessment every five years. The City shall analyze vulnerability to public facilities and infrastructure, including but not limited to: public buildings and facilities, including police and fire stations; water and water reclamation facilities, transmission lines and pumping stations; stormwater systems; roads and bridges; and other transportation and transit infrastructure. E.2.7.2 Based on the sea level rise vulnerability assessment, the City will determine appropriate strategies related to the modification in place [e.g. elevation, hardening, relocation, etc.] or strategic retreat from areas at risk. E.2.7.3 Evaluate elevating roads and bridges above the base flood elevation to maintain dry access. In situations where flood waters tend to wash roads out, construction, reconstruction, or repair can include not only attention to drainage, but also stabilization or armoring of vulnerable shoulders or embankments. E.2.7.4 By 2020, expand upon existing emergency management communication efforts and initiate a program to coordinate resilience and adaptation initiatives with the owners of private utilities, hospitals and clinics, nursing homes and assisted living facilities, and other privately-operated facilities in locations identified as vulnerable to impact from sea level rise. Section 5. That Policy E3.2.3 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be amended, and Policies E.3.2.4 through E.3.2.6 be added, to read as follows: ***** ` 7 Ordinance No. 9048-17 E.3.2.3 Maintain existing Recreation/Open Space Future Land Use Plan designations categories within the coastal storm area. E.3.2.4 The City shall minimize the disturbance of natural shorelines which provide stabilization and protect landward areas from storm impacts, where feasible. E.3.2.5 To preserve the functionality of natural sea level rise barriers, the City shall:  Examine the appropriate use of sediment-trapping vegetation, sediment mounds, etc., for coastal hazards; and  Implement dune restoration, plantings (i.e., sea oats), and use of natural material, where feasible. E.3.2.6 The City will maintain shoreline protection and erosion control by:  Continuing the appropriate use of beach nourishment and pursuit of sand bypassing;  Facilitating the installation and maintenance of native beach dune vegetation along appropriate areas of beach; and  Considering hard structures, such as seawalls, only when alternative options are unavailable. Section 6. That old Policies E.4.1.1 and E.4.1.2 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be deleted, that Policies E.4.1.1 and E.4.1.3, as renumbered, be amended, and Policies E.4.1.4 and E.4.1.5 be added, to read as follows: E.4.1.1 The City shall grant building permits in compliance with the rules of FEMA. E.4.1.2 Post disaster redevelopment plans of coastal areas shall be designed to reduce the vulnerability of public and private property and include proper elevations. E.4.1.31 Limit public expenditures that subsidize development permitted in the coastal high hazard storm areas, except for the restoration or enhancement of natural resources. E.4.1.42 Ensure that construction of necessary infrastructure improvements in the coastal storm area are phased to coincide with the demands generated by development or redevelopment in support of the proposed densities permitted by the City’s adopted Future Land Use Map. E.4.1.53 The City’s public expenditures in the CHHA coastal storm area, when available, will include program improvements that will restore and enhance natural resources. E.4.1.4 Encourage more efficient and climate resilient construction practices locally by:  Evaluating base finish floor elevation standards with respect to projected sea level rise scenarios and flooding potential; and  Evaluating extending the City’s cumulative substantial improvement and substantial damage regulation from one-year to a multi-year time period; and  Evaluating extending the City’s substantial improvement and substantial damage regulatory threshold to less than 50%. ` 8 Ordinance No. 9048-17 E.4.1.5 Evaluate designing a “natural runoff” or “net-zero discharge” policy for stormwater in subdivision and site design. Section 7. That Policies E.5.1.4 through E.5.1.6 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be amended and that Policy E.5.1.9, as renumbered, be deleted, as follows: ***** E.5.1.4 Damaged infrastructure shall continue to be repaired or rebuilt to minimize the potential for future damage. Unless the facility is necessary to serve the population of the coastal storm area, consideration shall be given to relocation public facilities outside the coastal storm area. E.5.1.5 Temporary-building moratoriums may continue to be declared in the coastal high hazard storm area when 50% or more of the homes have been destroyed in order to assess impacts and feasibility of redevelopment. E.5.1.6 Repair and rebuilding of critical facilities such as water facilities, sewage treatment plants and lift station and other utilities damaged in future storms shall be reconstructed to minimize hurricane and flooding vulnerability. ***** E.5.1.9 Prepare by 2012, a post disaster redevelopment plan in an effort to reduce or eliminate the exposure of human life and public and private property to natural disasters. Section 8. That Policies E.5.2.4 through E.5.2.6 of the Clearwater Comprehensive Plan Coastal Management Element be added, to read as follows: ***** E.5.2.4 The City shall continue to review inventories of repetitive loss properties provided by FEMA and continue working with state officials to improve the process of reducing vulnerability and loss for listed properties. E.5.2.5 As part of post-disaster planning and management, the City shall prepare inventories of properties for acquisition and removal, including repetitive loss properties, and establish clear priorities for the use of acquisition resources. E.5.2.6 As part of the process of defining and establishing policies for development and redevelopment in the Adaptation Action Areas, the City shall assess existing regulations and standards for post-disaster redevelopment, and such standards shall address the replacement, removal, relocation or structural modification of damaged and unsafe structures and infrastructure and distinguish between the recovery phase and long-term redevelopment. Section 9. That Goal E.6 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be deleted as follows, and its subsequent Objectives and Policies be renumbered: ` 9 Ordinance No. 9048-17 E.6 GOAL – THE PRESERVATION OF ECONOMIC ACTIVITY WITHIN THE COASTAL STORM AREA IS A PRIORTY FOR THE CITY. ***** Section 10. That Policies E.5.4.1through E.5.4.3 of the Clearwater Comprehensive Plan Coastal Management Element be added, with subsequent Policies renumbered, and that Policy E.5.4.5, as renumbered, be amended to fix a typographical error: ***** E.5.4.1 The City will encourage the preservation of recreational and commercial working waterfronts and marinas and other water-dependent facilities. E.5.4.2 The City discourages the rezoning of recreational and commercial working waterfronts. E.5.4.3 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. ***** E.5.4.5 To einsure land use compatibility, commercial marinas operated as a primary use shall not be located adjacent to residential land uses unless screening or adequate landscaped buffering is provided. Accessory use marina facilities may be located adjacent to residential land uses in accordance with the Community Development Code. ***** Section 12. That Maps E-1A, E-1B, E-2 and E-3 of the Clearwater Comprehensive Plan be replaced with the maps attached as Composite Exhibit A: Section 13. 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 14. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. ` 10 Ordinance No. 9048-17 PASSED ON FIRST READING _____________________ PASSED, AS AMENDED, ON SECOND AND FINAL READING AND ADOPTED _____________________ ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk MISS OURI DOUGLASCHESTNUTCOURTCity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Coastal Storm Area Map #: E-1A Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/1/2017 ²EvacuationLevel A Included in the Coastal Storm Area Flood Zone VE(FEMA Velocity Zone) Cat. 1 Storm Surge(Coastal High HazardArea - CHHA) Parcels where Cat. 1Storm Surge ≥ 20% ofthe parcel, or thoseportions of an islandnot inundated by a Cat. 1 Storm Surge. Areas of FEMA VelocityZone not included inEvacuation Level A.Includes the entireparcel where VE Zone≥ 20% of the parcel. Excluded from the Coastal Storm Area Outside Service Area Locations atop theClearwater Bay Bluffs Surge Category 5Boundary used todetermine BluffArea Clearwater PlanningArea Note: Please contact the Planning and DevelopmentDepartment for a larger, more detailed map. Exhibit A-1 US-19DREW GULF-TO-BAYHERCULESNE COACHMANS R 5 9 0 BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Coastal Storm Area Map #: E-1B Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/1/2017 ² EvacuationLevel A Included in the Coastal Storm Area Flood Zone VE(FEMA Velocity Zone) Cat. 1 Storm Surge(Coastal High HazardArea - CHHA) Parcels where Cat. 1Storm Surge ≥ 20% ofthe parcel, or thoseportions of an islandnot inundated by a Cat. 1 Storm Surge. Areas of FEMA VelocityZone not included inEvacuation Level A.Includes the entireparcel where VE Zone≥ 20% of the parcel. Excluded from the Coastal Storm Area Outside Service Area Locations atop theClearwater Bay Bluffs Surge Category 5Boundary used todetermine BluffArea Clearwater PlanningArea Note: Please contact the Planning and DevelopmentDepartment for a larger, more detailed map. Exhibit A-2 DUNEDIN LARGO OLDSMAR US-19DREWKEENESR 580 HIGHLANDUNION NURSERY SUNSET POINT BELLEAIR GULF-TO-BAYHERCULES COUNTRYSIDEBELCHERMcMULLEN BOOTHNE COACHMANMISSOURIDOUGLASE N T E R P RIS E CHESTNUT NORTHSIDE COURT S R 5 9 0 CURLEW US-19UNION BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com² N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Hurricane Storm Surge Areas Map #: E-2 SAFETY HARBOR Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/2/2017 Category 1 2 3 4 5 Clearwater Planning Area Outside Service Area Exhibit A-3 DUNEDIN LARGO OLDSMAR US-19DREWKEENESR 580 HIGHLANDUNION NURSERY SUNSET POINT BELLEAIR GULF-TO-BAYHERCULES COUNTRYSIDEBELCHERMcMULLEN BOOTHNE COACHMANMISSOURIDOUGLASE N T E R P RIS E CHESTNUT NORTHSIDE COURT S R 5 9 0 CURLEW US-19UNION BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com² N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Hurricane Evacuation Zones Map #: E-3 SAFETY HARBOR Tampa Bay Regional Planning Council5/17Source: Legend Date : 6/2/2017 Evacuation Zone A B C D E Clearwater Planning Area Outside Service Area Exhibit A-4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-06012 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 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 1715 Lakeview Road; together with all abutting Lakeview Road and South Duncan Avenue rights-of-way; and pass Ordinances 9055-17, 9056-17 and 9057-17 on first reading. (ANX2017-06012) SUMMARY: This voluntary annexation petition involves a 0.213-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the southwest corner of Lakeview Road and South Duncan Avenue. The applicants are requesting annexation in order to receive solid waste and sanitary sewer service from the City. The property is located within an enclave and is contiguous to existing city limits to the north and west. The Development Review Committee is proposing that the 0.498 acres of abutting Lakeview Road and South Duncan Avenue rights -of-way not 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. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent Lakeview Road right -of-way. The applicants understand that the sewer impact and assessment fees must be paid in full prior to connection and are aware of the additional costs to extend City sewer service to this property. 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 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public 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 Page 1 City of Clearwater Printed on 8/14/2017 File Number: ANX2017-06012 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 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 Low Medium Density Residential (LMDR). 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 limits to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 Ordinance No. 9055-17 ORDINANCE NO. 9055-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LAKEVIEW ROAD AND SOUTH DUNCAN AVENUE, WHOSE POST OFFICE ADDRESS IS 1715 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33756, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF LAKEVIEW ROAD AND SOUTH DUNCAN AVENUE, 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 property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, Lakeview Vista Subdivision according to the map or plat thereof, as recorded in Plat Book 34, Page 62, Public Records of Pinellas County, Florida, together with all abutting Right-of-Way of Lakeview Road and South Duncan Avenue; (ANX2017-06012) 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. 9055-17 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): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 0.498 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE60 60 60 6060 60 60 4912261866 61866 61867 H D D C 11 12 13 14 15 5 6 7 8 9 6 7 8 9 10 1 2 3 4 5 12345 1 23 4 15 2 13 12 11 567 4 5 87654 131211109 100 101 98 99 78 79 76 77 4 3 LAKEVIEW RD BRENTWOOD DR LAUREL DR EMERALD DR BALMORAL DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217261302 17101212 1727171417211714170017231306 170117181308 172617221207 13261712170617191305 1307 1220 17091208 17161304 172017081729132617171221 1327 1302 17281303 171917281716172117311306 170917111216 172717271215 1300 17151701132717121204 1333 1721-Not to Scale--Not a Survey-Rev. 6/12/2017 Ordinance No. 9056-17 ORDINANCE NO. 9056-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LAKEVIEW ROAD AND SOUTH DUNCAN AVENUE, WHOSE POST OFFICE ADDRESS IS 1715 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, Lakeview Vista Subdivision according to the map or plat thereof, as recorded in Plat Book 24, Page 62, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2017-06012) 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. 9055-17. Ordinance No. 9056-17 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): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE60 60 60 6060 60 60 4912261866 61866 61867 H D D C 11 12 13 14 15 5 6 7 8 9 6 7 8 9 10 1 2 3 4 5 12345 1 23 4 15 2 13 12 11 567 4 5 87654 131211109 100 101 98 99 78 79 76 77 4 3RU RL RL RL RL RU RL RL RL RU RU RU WATER WATER RL LAKEVIEW RD BRENTWOOD DR LAUREL DR EMERALD DR BALMORAL DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217261302 1212 1727171417211714170017231306 170117181308 172617221207 13261712170617191307 1220 17091208 17161304 172017081729132617171221 1327 1303 17281716172117311306 17091711172717271300 1710171517011305 132717121204 1302 17281333 17191216 17211215 -Not to Scale--Not a Survey-Rev. 6/12/2017 Ordinance No. 9057-17 ORDINANCE NO. 9057-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LAKEVIEW ROAD AND SOUTH DUNCAN AVENUE, WHOSE POST OFFICE ADDRESS IS 1715 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9055-17. Property Zoning District Lot 5, Lakeview Vista Subdivision according to the map or plat thereof, as recorded in Plat Book 34, Page 62, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2017-06012) Ordinance No. 9057-17 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): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE60 60 60 6060 60 60 4912261866 61866 61867 H D D C 11 12 13 14 15 5 6 7 8 9 6 7 8 9 10 1 2 3 4 5 12345 1 23 4 15 2 13 12 11 567 4 5 87654 131211109 100 101 98 99 78 79 76 77 4 3 LAKEVIEW RD BRENTWOOD DR LAUREL DR EMERALD DR BALMORAL DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE LMDR 1720173217261302 17101727171417211714170017231306 170117181308 172617221207 13261712170617191305 1307 1220 17091208 17161304 172017081729132617171221 1327 1302 17281303 171917281716172117311306 170917111216 172717271215 1300 1212 17151701132717121204 1333 1721-Not to Scale--Not a Survey-Rev. 6/12/2017 LOCATION MAP Owner(s): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 0.498 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S LAKE AVE S HIGHLAND AVE NORWOOD AVE S DUNCAN AVE HUNT LN BRENTWOOD DR BUGLE LN BARRY RD MARJOHN AVE LIME ST WOODCREST AVE S LAKE DR PENNY LN VALENCIA ST STANCEL DR LEMON ST WELLINGTON DR CITRUS ST WEBER DR HAMLIN DR DEXTER DR ORANGE ST SATSUMA ST MORROW DR PARKSIDE DR DOROTHY DR BROOKSIDE RD OTTAWA RD WHITACRE DR PINEWOOD DR ILLINOIS RD BALMORAL DR REGENT AVE IRVING AVE SEABREEZE ST TUSCOLA RD S KEYSTONE AVE WOODSIDE AVE SPENCER AVE KENDALL DR WOODRUFF AVE JEFFORDS ST TANGERINE ST HUNTER LN FOX CIR MEADOW LN REDCOAT LN OAK LAKE DR GREAT OAK DR BUDLEIGH ST MAGNOLIA DR ESTELLE DR EMERALD DR GRACELYN DR LIVE OAK CT DRUM ST JEFFORDS ST S DUNCAN AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 6/12/2017 AERIAL PHOTOGRAPH Owner(s): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 0.498 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKEVIEW RD LAKEVIEW RD BRENTWOOD DR BRENTWOOD DR LAUREL DR LAUREL DR EMERALD DR EMERALD DR BALMORAL DR BALMORAL DR S DUNCAN AVE S DUNCAN AVE MARJOHN AVE MARJOHN AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 6/12/2017 EXISTING SURROUNDING USES MAP Owner(s): Matthew Praed and Paula Schramm Case: ANX2017-06012 Site: 1715 Lakeview Road Property Size(Acres): ROW (Acres): 0.213 0.498 Land Use Zoning PIN: 23-29-15-49122-000-0050 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE60 60 60 6060 60 60 4912261866 61866 61867 H D D C 11 12 13 14 15 5 6 7 8 9 6 7 8 9 10 1 2 3 4 5 12345 1 23 4 15 2 13 12 11 567 4 5 87654 131211109 100 101 98 99 78 79 76 77 4 3 LAKEVIEW RD BRENTWOOD DR LAUREL DR EMERALD DR BALMORAL DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217261302 17101212 1727171417211714170017231306 170117181308 172617221207 13261712170617191305 1307 1220 17091208 17161304 172017081729132617171221 1327 1302 17281303 171917281716172117311306 170917111216 172717271215 1300 17151701132717121204 1333 1721-Not to Scale--Not a Survey-Rev. 6/12/2017 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1715 Lakeview Road East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-06012 Matthew Praed & Paula Schramm 1715 Lakeview Road View looking easterly along Lakeview Road View looking westerly along Lakeview Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-06013 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 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 809, 907, 915 Glen Oak Avenue East, 3053 Grand View Avenue, 3058 Hoyt Avenue, 3040 and 3077 Merrill Avenue, 3080 Terrace View Lane and 3127 Wolfe Road, and the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3136 San Jose Street; and pass Ordinances 9058-17, 9059-17 and 9060-17 on first reading. (ANX2017-06013) SUMMARY: These voluntary annexation petitions involve 2.132-acres of property consisting of ten parcels of land occupied by single-family dwellings. The properties are located generally north of Drew Street, south of SR 590, and within ¼ mile west or east of North McMullen Booth Road. The applicants are requesting annexation in order to be connected to the City sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The properties are located within an enclave and are contiguous to existing city boundaries on at least one side. It is proposed that the property at 3136 San Jose Street be assigned a Future Land Use Map designation of Residential Urban (RU) and the remaining properties be assigned Residential Low (RL). All properties are proposed to be assigned 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 Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City of Clearwater. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The 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 Page 1 City of Clearwater Printed on 8/14/2017 File Number: ANX2017-06013 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 Urban (RU) and Residential Low (RL) Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre, and the Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use 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 properties proposed for annexation are contiguous to existing city boundaries on at least one boundary; therefore the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 Ordinance No. 9058-17 ORDINANCE NO. 9058-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 809, 907, AND 915 GLEN OAK AVENUE EAST, 3053 GRAND VIEW AVENUE, 3058 HOYT AVENUE, 3040 AND 3077 MERRILL AVENUE, 3136 SAN JOSE STREET, 3080 TERRACE VIEW LANE, AND 3127 WOLFE ROAD, ALL WITHIN CLEARWATER, FLORIDA 33759, 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 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: See attached Exhibit A for Legal Descriptions (ANX2017-06013) 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. 9058-17 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 Legal Descriptions ANX2017‐06013 Exhibit A Address Legal Description No. Parcel Id 809 Glen Oak Ave E. Lot 6, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0060 907 Glen Oak Ave E. Lot 9, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Page(s) 14 and 15, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0090 915 Glen Oak Ave E. Lot 11, Block C, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book, Pagem in the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0110 3053 Grand View Ave. Lot 6, Block "A", KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐001‐0060 3058 Hoyt Ave. Lot 14, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0140 3040 Merrill Ave Lot 11, Block A, KAPOK TERRACE, according to the Map or Plat thereof as recorded in Plat Book 36, Pages 15 and 15, Public Records of Pinellas County, Florida A/K/A/ 3040 Merrill Avenue, Clearwater, FL 33759 09‐29‐16‐45126‐001‐0110 3077 Merrill Ave. Lot 2, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0020 3136 San Jose St. Lot 56, DEL ORO GARDENS, according to the map or plat thereof as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida. 09‐29‐16‐20808‐000‐0560 3080 Terrace View Ln. Lot 2, Block C, KAPOK TERRACE, according to the Plat thereof, as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County recorded in the office records book 6156, page 1275, of the public records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0020 3127 Wolfe Rd. Bay View Bluff Lots H and I 09‐29‐16‐05310‐000‐0080 Exhibit B PROPOSED ANNEXATION Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR 184 199(S) 60 60231 14045108 1 23 4 5 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40415253 23/05 9.72 LAKE LOUISE LAKE LOUISE LAKE CAROL60 6060606060608080808060 60 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 6060606060882 45 20808 05310 20790 45144 82890 45126 05311 C E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 25 28 29 30 31 35 36 37 38 42 43 44 45 49 50 51 52 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 22.20 34/01 34/02 1.4 33/01 1.57 A C(C) AC(C) A C(C) AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR THOMAS RD GLEN OAK AVE N KAPOK KOVE DR SAN MATEO ST SAN JOSE ST TERRACE VIEW L N GLEN OAK AVE ESAN BERNADINO ST 932 916 914 912 910 908 906 904 806 901 800 808 712 501 816 421 800 601 608 808 409 911 923 918 602 928 900 906 917 801 607 708 801 815 701 511 824 707 901924 405 900 908 807 510 600 306930643035310831323084300130583019316430103131306130343003305930303111306530533061304130133042306730363059301231713047312030403012316230643163307630253001302131213124315031693024307131373165311631353072305030363131306831363047300031583060301930413047307131643108315831563006307330713000303130133055311830353041300630653030312531123151305930493077302931323114300730353041305831683041313031363023314231313041307031573136311330483052302431703112313631653020307631423006308130253083301830003037304931513046315930473024306330301001 307630523070315130403064317130463042307531093055305731243076302530743053315730473151306530483120307030263130313731581016 30443159311330353100316430523165313231373007307730063142304030363031302531023018301230463124303430303070920 701 915 809 907 708 31541107 31703080312730121100 312530533119312630403113310730433058307731173040310431253119304630533079317030853136-Not to Scale--Not a Survey- Ordinance No. 9059-17 ORDINANCE NO. 9059-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 809, 907, AND 915 GLEN OAK AVENUE EAST, 3053 GRAND VIEW AVENUE, 3058 HOYT AVENUE, 3040 AND 3077 MERRILL AVENUE, 3136 SAN JOSE STREET, 3080 TERRACE VIEW LANE, AND 3127 WOLFE ROAD, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use categories 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); Residential Urban (RU) (ANX2017-06013) 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. 9058-17. Ordinance No. 9059-17 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 Legal Descriptions ANX2017‐06013 Exhibit A Address Legal Description No. Parcel Id 809 Glen Oak Ave E. Lot 6, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0060 907 Glen Oak Ave E. Lot 9, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Page(s) 14 and 15, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0090 915 Glen Oak Ave E. Lot 11, Block C, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book, Pagem in the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0110 3053 Grand View Ave. Lot 6, Block "A", KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐001‐0060 3058 Hoyt Ave. Lot 14, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0140 3040 Merrill Ave Lot 11, Block A, KAPOK TERRACE, according to the Map or Plat thereof as recorded in Plat Book 36, Pages 15 and 15, Public Records of Pinellas County, Florida A/K/A/ 3040 Merrill Avenue, Clearwater, FL 33759 09‐29‐16‐45126‐001‐0110 3077 Merrill Ave. Lot 2, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0020 3136 San Jose St. Lot 56, DEL ORO GARDENS, according to the map or plat thereof as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida. 09‐29‐16‐20808‐000‐0560 3080 Terrace View Ln. Lot 2, Block C, KAPOK TERRACE, according to the Plat thereof, as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County recorded in the office records book 6156, page 1275, of the public records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0020 3127 Wolfe Rd. Bay View Bluff Lots H and I 09‐29‐16‐05310‐000‐0080 Exhibit B FUTURE LAND USE MAP Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR 184 199(S) 60 60231 14045108 1 23 4 5 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40415253 23/05 9.72 LAKE LOUISE LAKE LOUISE LAKE CAROL60 6060606060608080808060 60 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 6060606060882 45 20808 05310 20790 45144 82890 45126 05311 C E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 2 28 29 30 31 35 36 37 38 42 43 44 45 49 50 51 52 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 22.20 34/01 34/02 1.4 33/01 1.57 A C(C) A C(C) AC(C) A C(C) AC(C) AC(C) I R/OS RL RH R/OS CG RL RHCG RL RL RL RU RL RL RL RL RL RU RU RL RL RU RL RL RL RU RL RL RL RLRU WATER RL MOSS AVE MADERA AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW L N SAN JOSE ST GLEN OAK AVE ESAN BERNADINO ST 932 916 914 912 910 908 906 806 901 800 808 712 501 816 421 800 601 608 808 409 911 923 918 602 928 917 801 607 708 801 815 701 511 824 707 901924 405 900 908 807 510 600 306930643035310831323084300130583019316430103131306130343003305930303111306530533061304130423067303630593012312030403012316230643163307630013021312131503024307131373165307230363068313630473000315830193041304730713164310831563006307330713000303130553035304130063065303031253112315130593077302931323114300730353041305830413130313630233142313130703157313631133048305230243136316530203142300630813025308330183000303730493151304630473024306330301001 3076305230703151304030643046307531093055305731243076302530743151306530483120307030263130313731581016 3044315931003164305231653132313730073077300631423040302531023018301230463124303430303070920 904 701 900 906 915 809 907 708 31541107 30133080312730123171304730251100 3125312431693116313530503131306030533158301331183049311931683041312630403113310730433058317031123076307731173040310431593125317130423119305331573047304630533113303530793036303130853136-Not to Scale--Not a Survey- Ordinance No. 9060-17 ORDINANCE NO. 9060-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 809, 907, AND 915 GLEN OAK AVENUE EAST, 3053 GRAND VIEW AVENUE, 3058 HOYT AVENUE, 3040 AND 3077 MERRILL AVENUE, 3136 SAN JOSE STREET, 3080 TERRACE VIEW LANE, AND 3127 WOLFE ROAD, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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. 9058-17. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2017-06013) Ordinance No. 9060-17 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 Legal Descriptions ANX2017‐06013 Exhibit A Address Legal Description No. Parcel Id 809 Glen Oak Ave E. Lot 6, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0060 907 Glen Oak Ave E. Lot 9, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Page(s) 14 and 15, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0090 915 Glen Oak Ave E. Lot 11, Block C, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book, Pagem in the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0110 3053 Grand View Ave. Lot 6, Block "A", KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, pages 14 and 15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐001‐0060 3058 Hoyt Ave. Lot 14, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0140 3040 Merrill Ave Lot 11, Block A, KAPOK TERRACE, according to the Map or Plat thereof as recorded in Plat Book 36, Pages 15 and 15, Public Records of Pinellas County, Florida A/K/A/ 3040 Merrill Avenue, Clearwater, FL 33759 09‐29‐16‐45126‐001‐0110 3077 Merrill Ave. Lot 2, Block I, KAPOK TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 49, Page 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0020 3136 San Jose St. Lot 56, DEL ORO GARDENS, according to the map or plat thereof as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida. 09‐29‐16‐20808‐000‐0560 3080 Terrace View Ln. Lot 2, Block C, KAPOK TERRACE, according to the Plat thereof, as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County recorded in the office records book 6156, page 1275, of the public records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0020 3127 Wolfe Rd. Bay View Bluff Lots H and I 09‐29‐16‐05310‐000‐0080 Exhibit B ZONING MAP Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR 184 199(S) 60 60231 14045108 1 23 4 524 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 4251 5253 23/05 24/02 9.72 LAKE LOUISE LAKE LOUISE LAKE CAROL60 6060606060608080808060 60 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 6060606060882 45 20808 05310 20790 45144 82890 45126 05311 C E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 2 28 29 30 31 35 36 37 38 42 43 44 45 49 50 51 52 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 22.20 34/01 34/02 1.4 33/01 1.57 A C(C) A C(C) AC(C) A C(C) AC(C) A C(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THO MAS RD KAPOK KOVE DR SAN MATEO ST TERRACE VIEW LN SAN JOSE ST GLEN OAK AVE ESAN BERNADINO ST SAN PEDRO ST SAN MATEO ST LMDR C I OS/R LDR HDR 932 916 914 912 910 908 906 904 806 901 800 808 712 501 816 421 800 601 608 808 409 911 923 918 602 928 900 906 917 801 607 708 801 815 701 511 824 901924 405 900 908 807 510 600 3069306430351107 3108313230843001305830193164301031313061303430033059303031113065305330613041301330423067303630593012304731203040301231623064316330763025300130213121312431503024307131373165311631353072305030363131306831363047300031583060301930413047307131643108315830063073307130003031301330553118303530413006306530303125311231513059304930773029313231143007303530413058304131303136302331423131304130703157313631133048305230243112313631653020307631423006308130253083301830003037304931513046315930473024306330301001 30763052307031513040306430463042307531093055305731243076302530743053315730473151306530483120307030263130313731581016 3044315931133035310030523165313231373007307730063142304030363031302531023018301230463124303430303070920 701 915 809 707 907 708 315430803127301231711100 31253169305331563119316831263040311331073043305831703077311730403104312531713119304630533164307930853136-Not to Scale--Not a Survey- LOCATION MAP Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE MONTEREY AVE HOYT AVE GRAND VIEW AVE SAN JOSE ST BORDEAUX LN SAN PEDRO ST WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST TERRACE VIEW L N SAN BERNADINO ST KAPOK CIR ABBEY CT KAPOK KOVE CIR SAN MATEO ST SAN BERNADINO ST -Not to Scale--Not a Survey-PROJECT SITE Rev. 6/13/2017 PROJECT SITE PROJECT SITE PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR I MOSS AVE MOSS AVE MADERA AVE MADERA AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD HOYT AVE HOYT AVE WOLFE RD WOLFE RD MERRILL AVE MERRILL AVE THOMAS RD THOMAS RD KAPOK KOVE DR KAPOK KOVE DR SAN JOSE ST SAN JOSE ST GRAND VIEW AVE GRAND VIEW AVE SAN MATEO ST SAN MATEO ST SAN PEDRO ST SAN PEDRO ST TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE ESAN BERNADINO ST SAN BERNADINO ST LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey- EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners, See Attached Sheet Case: ANX2017-06013 Site: Multiple Addresses, See Attached Sheet Property Size(Acres): ROW (Acres): 2.132 Land Use Zoning PIN: Multiple PINS, See Attached Sheet From : RL / RU R-3 Atlas Page: 283A To: RL / RU LMDR 184 199(S) 60 60231 14045108 1 23 4 5 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40415253 23/05 9.72 LAKE LOUISE LAKE LOUISE LAKE CAROL60 6060606060608080808060 60 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 6060606060882 45 20808 05310 20790 45144 82890 45126 05311 C E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 25 28 29 30 31 35 36 37 38 42 43 44 45 49 50 51 52 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 22.20 34/01 34/02 1.4 33/01 1.57 A C(C) AC(C) A C(C) AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR THOMAS RD GLEN OAK AVE N KAPOK KOVE DR SAN MATEO ST SAN JOSE ST TERRACE VIEW L N GLEN OAK AVE ESAN BERNADINO ST 932 916 914 912 910 908 906 904 806 901 800 808 712 501 816 421 800 601 608 808 409 911 923 918 602 928 900 906 917 801 607 708 801 815 701 511 824 707 901924 405 900 908 807 510 600 306930643035310831323084300130583019316430103131306130343003305930303111306530533061304130133042306730363059301231713047312030403012316230643163307630253001302131213124315031693024307131373165311631353072305030363131306831363047300031583060301930413047307131643108315831563006307330713000303130133055311830353041300630653030312531123151305930493077302931323114300730353041305831683041313031363023314231313041307031573136311330483052302431703112313631653020307631423006308130253083301830003037304931513046315930473024306330301001 307630523070315130403064317130463042307531093055305731243076302530743053315730473151306530483120307030263130313731581016 30443159311330353100316430523165313231373007307730063142304030363031302531023018301230463124303430303070920 701 915 809 907 708 31541107 31703080312730121100 312530533119312630403113310730433058307731173040310431253119304630533079317030853136-Not to Scale--Not a Survey-Multi Family Residential Retail Sales and Service Retail Sales and Service Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Ream Wilson Trail Trail / Softball Fields Single Family Residential Single Family Residential View looking east at the subject property, 809 Glen Oak Avenue East South of the subject property Across the street, to the west of the subject property North of the subject property ANX2017-06013 Richard V. Newton, Antwon L. Frazier 809 Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking northerly along Glen Oak Avenue East View looking east at the subject property 907 Glen Oak Avenue East South of the subject property Across the street, to the west of the subject property North of the subject property ANX2017-06013 Sean P. Kuchle 907 Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking northerly along Glen Oak Avenue East View looking east at the subject property, 915 Glen Oak Avenue East South of the subject property Across the street, to the west of the subject property North of the subject property ANX2017-06013 Savoy LLC 915 Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3053 Grand View Avenue East of the subject property Across the street, to the north of the subject property West of the subject property ANX2017-06013 Sandra A. Snelling 3053 Grand View Avenue View looking westerly along Grand View Avenue View looking easterly along Grand View Avenue View looking north at the subject property, 3058 Hoyt Avenue East of the subject property Across the street, to the south of the subject property West of the subject property ANX2017-06013 Dara J. & Benjamin Jordan 3058 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue View looking north at the subject property, 3040 Merrill Avenue East of the subject property Across the street, to the south of the subject property West of the subject property ANX2017-06013 Shirley A. Stewart 3040 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue View looking south at the subject property, 3077 Merrill Avenue East of the subject property Across the street, to the north of the subject property West of the subject property ANX2017-06013 Lelethe Firth-Carnabucci 3077 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue View looking north at the subject property, 3136 San Jose Street East of the subject property Across the street, to the south of the subject property West of the subject property ANX2017-06013 John W. Yantorno 3136 San Jose Street View looking easterly along San Jose Street View looking westerly along San Jose Street View looking north at the subject property, 3080 Terrace View Lane East of the subject property Across the street, to the south of the subject property West of the subject property ANX2017-06013 Massoud Mike Dabiri 3080 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking south at the subject property, 3127 Wolfe Road East of the subject property Across the street, to the north of the subject property West of the subject property ANX2017-06013 Ralph M. Przybeck 3127 Wolfe Road View looking easterly along Wolfe Road View looking westerly along Wolfe Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: CPA2017-06002 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2016-2026 Planning Period) and pass Ordinance 9062-17 on first reading. (CPA2017-06002) SUMMARY: This proposed ordinance contains amendments to the Utilities Element of the Clearwater Comprehensive Plan to include updated information based on the recent update to the Potable Water Supply Facilities Work Plan (2016-2026), completed by Tetra Tech, Inc. Section 163.3177, Florida Statutes, requires local governments to update their comprehensive plans, including their 10-year Water Supply Facility Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The Southwest Florida Water Management District (SWFWMD) approved its updated Regional Water Supply Plan on November 17, 2015. The City last updated its water supply work plan and this section of the Comprehensive Plan in 2012, at which time it ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements, based on more current data, and updates Map D-2 Potable Water Wells and Wellhead Protection Zones to reflect the current number of wells in service and well locations. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on July 18, 2017 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in November. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 8/14/2017 File Number: CPA2017-06002 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/14/2017 Ordinance No. 9062-17 ORDINANCE NO. 9062-17 AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY), FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, BY MODIFYING THE UTILITIES ELEMENT, UPDATING PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY’S 10-YEAR WATER SUPPLY FACILITIES WORK PLAN (2016-2026), COMPLETED IN ACCORDANCE WITH THE 2015 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT’S (SWFWMD) REGIONAL WATER SUPPLY PLAN; UPDATING AND REPLACING MAP #D-2; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City to plan for the future development and growth, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district’s regional water supply plans; and WHEREAS, the City’s water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on November 17, 2015, the Governing Board for SWFWMD approved the 2015 Regional Water Supply Plan; and WHEREAS, the City has completed the 10-year Water Supply Facilities Work Plan (2016-2026); and WHEREAS, these proposed amendments and the City’s 10-year Water Supply Facilities Work Plan (2016-2026) will be transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and their objections, recommendations and comments, along with all comments from local and regional agencies, will be considered by city staff in preparing these proposed amendments, prior to adoption by the City Council; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 2 Ordinance No. 9062-17 Section 1.That the Introduction to the Utilities Element of the Clearwater Comprehensive Plan be amended to read as follows: * * * * * Potable Water and Natural Ground Water Aquifer Recharge Needs Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fortyfifty-five percent (4055%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 million gallons daily (MGD) from its forty-foursix active wellheads. In 2011, the actual average pumpage from the City's wells is was approximately 7.565 MGD (average through September 2015). The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city’s future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004), as updated in 2008 and 2012, includeds projects based upon cost- benefit analysis that will enabled the City to increase its local production of potable water to 7.5ten (10) MGD inby 2015. * * * * * The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately seventy-six (76)ninety (90) gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. * * * * * Section 2.That Objective D.5.2 of the Clearwater Comprehensive Plan and Policies D.5.2.7 and D.5.2.8, be amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (MayOctober, 20172) is 45,16841,973 customer accounts (potable, reclaimed and fire). Policies * * * * * D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water 3 Ordinance No. 9062-17 System through Clearwater’s intergovernmental water service agreement. The City’s long range Water Master Plan, updated in 2012, and its 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period)shall serve as the guiding documents for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems, as well as manmade systems, by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City’s long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District’s Regional Water Supply Plan, adopted in November 2015January 2011. * * * * * [Ordinance continues on the following page.] 4 Ordinance No. 9062-17 Section 3.That Map D-2 of the Clearwater Comprehensive Plan be replaced with the updated map below: 5 Ordinance No. 9062-17 Section 4.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 5.This ordinance shall become effective when the Department of Economic Opportunity issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, F.S., as amended. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Prepared for: City of Clearwater Prepared by: Tetra Tech, Inc. 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period) June 2017 City of Clearwater 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period) #200-41125-17001 June 30, 2017 PRESENTED TO PRESENTED BY City of Clearwater 100 S. Myrtle Ave., #220 Clearwater, FL 33758-4748 Tetra Tech, Inc. 5201 W. Kennedy Blvd. #620 Tampa, FL 33609 P +1-812-579-5107 F +1-813-682-2298 tetratech.com Prepared by: Emilie Moore, PE, PMP, ENV SP Date Shannon Leicht, EI Date City of Clearwater 10-Year Water Supply Facilities Work Plan i June 2017 EXECUTIVE SUMMARY The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day (MGD) of water to the city and unincorporated areas within its water service area. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and constructing new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. Additionally, the city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. To forecast future potable water demand within the city’s service area, population projections for the time period of 2016 through 2026 were evaluated. The city’s 2008 and 2012 Potable Water Supply Facilities Updates utilized population projection data from the Pinellas County Planning Department (PCPD). Updated PCPD data and population projection data from the Southwest Florida Water Management District (SWFWMD) and the University of Florida’s Bureau of Economic and Business Research (BEBR) were utilized to project the city’s service area population through 2026. The population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR (slight growth). Based on the presented population projections, it seems reasonable to expect that some population growth could occur over the 10-year planning period and that the SWFWMD projections show a reasonable population increase that is in line with historical growth rates. It is recommended that the city monitor water usage in their service area over the next few years to verify if the service area population is likely increasing as projected. For the 10-year planning period (2016 through 2026), it is expected that the average daily demand (ADD) of potable water within the city’s service area will be no more than 13 million gallons per day (MGD). City projects that were completed since the 2012 Potable Water Supply Facilities Master Plan Update include: 1. Wellfield Expansion Program: a. Wellfield Expansion for Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) b. Wellfield Expansion for ROWTP No. 2 (ROWTP 2) c. Wellfield Expansion for W ater Treatment Plant No. 3 (WTP 3) 2. ROWTP 1 Expansion 3. New ROWTP 2 Future city water facilities include: 1. WTP 3 Improvements - Includes addition of RO treatment (City budget: $8.15M) 2. Groundwater Replenishment Project (potable reuse) – Construction for recharge wells scheduled to begin in 2017; Construction of Advanced Water Purification Plant scheduled to begin in 2018. (Estimated city cost: $16.35M, cooperatively (50%) funded by the Southwest Florida Water Management District) City of Clearwater 10-Year Water Supply Facilities Work Plan ii June 2017 The city has evaluated the cost of potable water production. The cost of production is based on the city’s costs to produce potable water from its water facilities and the cost to purchase potable water from Pinellas County that provides the balance of potable water supply in Clearwater. Pinellas County’s adopted wholesale rates are as follows as shown in Table ES-1: Table ES-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for Fiscal Year (FY) 2016 are shown below in Table ES- 2: Table ES-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The measures of expanding the city’s potable water supply facilities from 2016 through 2026 as described in this document provide for cost effective and reliable water supply and treatment systems for the city’s potable water system customers. City of Clearwater 10-Year Water Supply Facilities Work Plan iii June 2017 TABLE OF CONTENTS 1.0 Introduction ........................................................................................................................................ 1 1.1 Background ................................................................................................................................... 1 1.1.1 Wellfields/Water Sources ...................................................................................................... 1 1.1.2 Water Treatment Plants ........................................................................................................ 1 1.1.3 Interlocal Agreements ........................................................................................................... 2 2.0 Population and W ater Demand Projections ...................................................................................... 4 2.1 Introduction .................................................................................................................................... 4 2.1.1 Service Area .......................................................................................................................... 4 2.1.2 Per Capita Usage .................................................................................................................. 4 2.1.3 Population Projections .......................................................................................................... 4 2.2 Water Consumption Estimates .................................................................................................... 10 3.0 Potable Water Supply Projects Update ........................................................................................... 12 3.1.1 Wellfield Expansion for ROWTP 1 and W TP 3 ................................................................... 12 3.1.2 ROWTP 1 Expansion .......................................................................................................... 12 3.1.3 ROWTP 2 ............................................................................................................................ 12 3.1.4 Offset of Water Demands through Expansion of Reuse System ........................................ 13 3.1.5 Groundwater Replenishment Project .................................................................................. 15 3.1.6 Water Conservation Measures ............................................................................................ 15 4.0 Conceptual Cost Estimates for Capital Improvements ................................................................... 16 5.0 Water Production Costs Update...................................................................................................... 17 6.0 Summary ......................................................................................................................................... 18 City of Clearwater Draft 10-Year Water Supply Facilities Work Plan 1 June 2017 1.0 INTRODUCTION 1.1 BACKGROUND The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day of water to the city and unincorporated areas. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned treatment facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and construct new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. The city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. This document is intended to update the progress of these projects, update the projected population and demands for the city’s service area, and to summarize projected water production costs for the next 10 year period (2016-2026). 1.1.1 Wellfields/Water Sources The city of Clearwater utilizes 44 raw water supply wells. Thirty-two of the wells are completed in upper Zone A of the Floridan aquifer to total depths up to approximately 250 feet below land surface (bls). Twelve wells (Wells 2-1 through 2-12) are completed in lower Zone A of the Floridan aquifer to depths ranging from approximately 250 to no more than 500 feet below land surface (bls). The wells and their associated water treatment plant (WTPs) are as follows: • ROWTP 1 Wells (16 wells) - 23, 31, 48, 51R, 65, 66, 73, 74, 75, 78, 80, 81, 1-1, 1-2, 1-3, 1-4 • ROWTP 2 Wells (17 wells) – 45, 46, 51, 52, 53, 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2- 11, and 2-12 • WTP 3 Wells (11 wells) – 56, 58, 63, 68, 69R, 77, 79R, 3-1, 3-2, 3-4, and 3-5 The city holds a Water Use Permit (WUP) from the Southwest Florida Water Management District to withdraw groundwater from the Floridan aquifer. The city of Clearwater recently updated Water Use Permit (No. 20 00981.018). The WUP authorized an annual average withdrawal of 14.3 MGD and a peak month withdrawal of 15.82 MGD. The wellfields had an average withdrawal rate of 7.57 MGD between October 2014 and September 2015, with average withdrawal of 9.44 MGD for the months of June through September 2015. 1.1.2 Water Treatment Plants The city is authorized through the Florida Department of Environmental Protection (FDEP) as a community water supplier. The city has three water treatment facilities in operation. These facilities are summarized below: 1. Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) – This facility is located at 1657 Palmetto just west of Saturn Drive. The source of raw water supply for ROWTP 1 is groundwater City of Clearwater 10-Year Water Supply Facilities Work Plan 2 June 2017 from Upper Zone A of the Floridan aquifer. ROWTP 1 includes a pretreatment process train, reverse osmosis process skids, two 3 million gallon (MG) finished water storage tanks and a high service pumping station. ROWTP 1 has a rated capacity of 4.5 MGD. 2. Reverse Osmosis Water Treatment Plant No. 2 (ROWTP 2) is located at 21133 US Highway 19 North. The sources of water supply for ROWTP 2 is raw water from Upper Zone A and Lower Zone A of the Floridan aquifer wells. ROWTP 2 includes a pretreatment process train, reverse osmosis and ozone processes, two 5 MG finished water storage tanks and a high service pumping station. The city maintains an interconnect with Pinellas County in case of emergency conditions. ROWTP 2 has a rated capacity of 6.25 MGD. 3. Water Treatment Plant No. 3 (WTP 3) is located at 2775 State Road 580, just east of Countryside Boulevard. The sources of water supply for this WTP are raw water from city groundwater wells and finished water from a Pinellas County Interconnect. This facility has minimal chemical treatment capabilities (stabilization and disinfection), aeration, two 5 million gallon finished water storage reservoirs and a high service pump station. WTP 3 typically blends about 20% groundwater with approximately 80% water from the Pinellas County interconnect. WTP 3 has a rated capacity of 9.94 MGD. Improvements to WTP 3 include the addition of pretreatment and reverse osmosis to the facility. 1.1.3 Interlocal Agreements The city has had interlocal agreements with neighboring water suppliers for over 50 years. The primary source of water used to supplement city water is supplied by Pinellas County. The most recent Clearwater/Pinellas County interlocal agreement was executed in 2004 and expires in 2039. The city also has an agreement with the City of St. Petersburg to utilize an emergency interconnect on State Road 60, east of U.S. Highway 19. The exchange of water through this emergency interconnect has not occurred. Up until 2008, the city traditionally utilized upwards of 70% of the potable water demands through interconnects with the Pinellas County water system. However, the recent expansion and rehabilitation of the wellfields and expansion of the city’s water treatment capacity, combined with reuse offsets, conservation, and slight reductions in population show that the city has decreased potable water purchases from Pinellas County. Most recently, the city has reduced the dependence on outside interconnects to 40% through September 2015. Table 1-1 displays a summary of the historical water usage from well field production and purchased water. W ith the expansion of the city’s RO Plants program (i.e. ROWTP 1 Expansion and new ROWTP 2), the city will supply 10 MGD from city water supply and treatment facilities. Additionally, future improvements to W TP 3 will enable the city to supply the balance of their potable water demands and approach 0% purchased water under normal operating conditions. City of Clearwater 10-Year Water Supply Facilities Work Plan 3 June 2017 Table 1-1. Historical Water Usage from Wellfield Production and Purchased Water Year Wellfield Production (MGD) Purchased Water (MGD) Total Water Usage (MGD) Percent of Total Water Purchased 1991 2.87 11.17 14.04 80% 1992 2.33 12.86 15.19 85% 1993 2.68 11.93 14.61 82% 1994 3.79 10.44 14.23 73% 1995 3.79 10.50 14.29 73% 1996 2.93 11.37 14.30 80% 1997 3.44 10.97 14.41 76% 1998 3.14 11.54 14.68 79% 1999 3.07 11.82 14.89 79% 2000 3.05 11.53 14.58 79% 2001 3.07 11.23 14.30 79% 2002 2.27 11.50 13.77 84% 2003 3.85 8.75 12.60 69% 2004 3.62 8.75 12.37 71% 2005 3.57 8.92 12.49 71% 2006 4.17 9.80 13.97 70% 2007 3.49 9.17 12.65 72% 2008 3.07 9.08 12.15 75% 2009 3.71 7.78 11.49 68% 2010 4.15 7.00 11.15 63% 2011 4.95 6.37 11.32 55% 2012 5.93 5.01 10.94 46% 2013 5.41 5.56 10.96 51% 2014 5.13 6.86 11.98 57% 2015* 7.56 5.05 12.61 40% From 2015 Clearwater Annual Water Report *Through September 2015 City of Clearwater 10-Year Water Supply Facilities Work Plan 4 June 2017 2.0 POPULATION AND WATER DEMAND PROJECTIONS 2.1 INTRODUCTION The city has historically relied upon the Pinellas County Planning Department (PCPD) population projections, incorporated with their typical per capita usage to project future water demands. In recent years, an economic downturn has resulted in a population decline in the Clearwater service area, which has in effect reduced demands over the last several years. Based on this information, the city investigated several data sources in order to update their 10-Year Water Supply Facilities Work Plan for the period 2016 to 2026. The following is a brief discussion of available population data and the impacts these projections have on projected potable water demands. 2.1.1 Service Area The Clearwater water service area incorporates several unincorporated areas in addition to the defined city limits. The service area map is depicted in Figure 2-1. This service area map includes locations of the production and monitoring wells, raw water mains, treatment plants, storage tanks, and interconnects. 2.1.2 Per Capita Usage In summarizing the per capita usages from several reports, the following numbers were used: 2015 Annual Water Report: 76 gallons per capita per day (gpcpd) 2008 Facilities Master Plan Update 90.5 gpcpd SWFWMD Community Planning Pages 89 gpcpd These numbers show a relatively consistent usage rate which is valid for water projections. In addition to these historical figures, the city is to maintain a water consumption rate of 120 gallons per capita per day or less at a pressure of 40-45 psi according to city Level of Service Standards (city of Clearwater Comprehensive Plan) and the city’s WUP. 2.1.3 Population Projections Data Sources The following data sources were investigated to develop the population projections: 1. Southwest Florida Water Management District (SWFWMD) 2015 Regional Water Supply Plan and the SWFWMD Community Planning Pages website. 2. The University of Florida’s Bureau of Economic and Business Research (BEBR) historical population estimates and BEBR Bulletin No. 174 – “Projections of Florida Population by County, 2020–2045, with Estimates for 2015”. 3. Pinellas County Planning Department (PCPD) “permanent”, “tourist”, and “seasonal” population projections based on Traffic Analysis Zones (TAZ), as used to develop the city’s 2004 and 2008 population projections. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Production Well Monitor Well Raw Water Line WTP #1/RO Plant WTP #2 & #3 1mil Elev Tank 5mil Gnd Tank Service Area County Enclave !O dR 3Q 3Q KJ KJ Document Path: V:\GIS\Engineering\Location Maps\2016FacilitiesMap.mxd City of Clearwater 10-Year Water Supply Facilities Work Plan 6 June 2017 The PCPD data incorporates projections for localized traffic zones in Pinellas County which can be used to project a fairly accurate representation of the effective (commuter, resident, and tourist) population in the greater Clearwater water service area. The BEBR estimates are primarily focused on projections for Pinellas County as a whole. The SWFWMD publishes population projections for the greater Clearwater area. Recent Trends In general, the city is “built out” and has experienced slow and steady growth over the last 20 years, with typical population increases of less than 1% per year during that period. However, the challenging economic conditions that were fully realized in late 2008 have produced increased vacancies in the city. Also during this period, a net population decline has been realized. BEBR has projected that Pinellas County lost approximately 16,000 residents between the peak population in 2005 and the end of 2010. The most recent population estimations for 2015 show a net increase of approximately 28,400 residents in Pinellas County and a net increase of approximately 3,000 residents in the city (BEBR). These projections coupled with a decline by approximately 7% in the Pinellas County unemployment rate from January 2010 to present indicate that there has been some economic recovery in the Clearwater area. Population Projections SWFWMD Population Projections The SWFWMD has published population projections for the greater Clearwater area on their website. The projections are summarized in Table 2-1. In general, the projections show a slightly increasing population. Most of the service area population currently resides inside city limits (approximately 115,000 people), with an additional approximately 17,700 people residing in unincorporated areas. The net growth rate in these projections is approximately 0.01% to 0.02% per year for the 10 year planning window. City of Clearwater 10-Year Water Supply Facilities Work Plan 7 June 2017 Table 2-1 - SWFWMD Population Projections Year Population in City Limits Population in Unincorp. Areas Total Population 2015 115,457 17,723 133,180 2016 115,476 17,728 133,204 2017 115,495 17,734 133,228 2018 115,513 17,739 133,253 2019 115,532 17,745 133,277 2020 115,551 17,750 133,301 2021 115,564 17,754 133,318 2022 115,576 17,759 133,335 2023 115,589 17,763 133,352 2024 115,601 17,768 133,369 2025 115,614 17,772 133,386 2026 115,623 17,776 133,399 2027 115,633 17,780 133,413 2028 115,642 17,784 133,426 2029 115,652 17,788 133,440 2030 115,661 17,792 133,453 2031 115,666 17,795 133,462 2032 115,671 17,799 133,470 2033 115,677 17,802 133,479 2034 115,682 17,806 133,487 2035 115,687 17,809 133,496 Projections reported in 5 year increments. Data was linearly interpolated for years not specified. PCPD Estimates for Greater Clearwater Area Because the city’s water service agreement with Pinellas County also includes areas that are unincorporated, the service population more closely matches the area outlined in Figure 2-1. Based on this information, population projections for TAZs that are incorporated in the city’s water service area were extracted from the data set. For TAZs that are not entirely serviced by the city, adjustments were made to the data to exclude the approximate number of residents that are not served. The results of this effort are summarized herein. Pinellas County’s population estimates for the “Greater Clearwater Area” as shown in Table 2-2 are extrapolated to be 137,969 for permanent population in the current year of 2016. Furthermore, these TAZ projections also incorporate seasonal and tourist population projections, which are estimated to be 12,262 and 15,465 in 2016. Seasonal residents are defined as residing in the city for less than 6-months, while tourists are generally classified as short term visitors that typically stay in the area for less than 1 month. The functional water service population is defined by the Water Use Caution Area (WUCA) rules and makes adjustments for seasonal residents and tourists in the city. The total functional population is calculated for City of Clearwater 10-Year Water Supply Facilities Work Plan 8 June 2017 2016 as 149,789 based on the WUCA equation. Table 2-2 shows the projected service area annual functional populations based on interpolation of the PCPD projection data. When comparing PCPD projections (Updated October 2009) for 2015-2035 to the SWFWMD projections, the PCPD projections have a much higher growth outlook, with a net population increase of approximately 0.4-0.7% per year expected in the Clearwater service area. Table 2-2. PCPD Projections Year Permanent Population Seasonal Population Tourist Population Functional Population 2015 136,899 12,204 15,440 148,687 2016 137,969 12,262 15,465 149,789 2017 139,038 12,320 15,490 150,890 2018 140,108 12,378 15,515 151,991 2019 141,177 12,436 15,541 153,093 2020 142,247 12,494 15,566 154,194 2021 143,299 12,543 15,585 155,273 2022 144,351 12,592 15,605 156,351 2023 145,403 12,641 15,625 157,429 2024 146,455 12,689 15,644 158,507 2025 147,508 12,738 15,664 159,586 2026 148,182 12,779 15,681 160,283 2027 148,857 12,820 15,699 160,980 2028 149,532 12,861 15,716 161,677 2029 150,207 12,902 15,733 162,374 2030 150,882 12,943 15,751 163,071 2031 151,541 12,976 15,766 163,749 2032 152,200 13,010 15,780 164,426 2033 152,859 13,043 15,795 165,104 2034 153,518 13,076 15,810 165,781 2035 154,177 13,109 15,825 166,459 Projections reported in 5 year increments, Data was linearly interpolated for years not specified. Functional population as defined by the WUCA is: [(permanent + seasonal) x 4] + [permanent x 8] + Tourist 12 2 City of Clearwater 10-Year Water Supply Facilities Work Plan 9 June 2017 BEBR Estimates for Pinellas County In analyzing the most recent Pinellas County population projections from BEBR (Bulletin 174, January 2016), and estimating the service area population at 12.2% of the county’s population, the low, medium (most likely prediction), and high population estimates of the next 30 years shows great disparity. This data is summarized in Table 2-3. Table 2-3. Summary of BEBR Projections for Pinellas County Population City of Clearwater Estimated Projection Year 2015 2020 2025 2030 2035 Low 115,286 112,472 110,593 108,812 106,726 Medium 115,286 116,693 117,986 118,645 119,035 High 115,286 121,219 125,440 129,210 132,663 Based on Population projections of Pinellas County, and estimating 12.2% of Pinellas County population is within Clearwater Service Area (% taken from SWFWMD Planning Pages) These projections show a net population increase ranging from 0.07% to 0.2% per year is projected for Pinellas County and the city of Clearwater for the foreseeable future based on the medium projection, with the potential for population decline based on the low projection. Projections Summary In summary, the population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR medium projection (slight increase). Figure 2-2 presents a summary of the population projections detailed above. City of Clearwater 10-Year Water Supply Facilities Work Plan 10 June 2017 Figure 2-2. Population Projections Summary Graph Based on the presented population projections, population growth is expected over the 10-year planning period. The more recent population projection data is from the SWFWMD planning pages and the BEBR projections and it is suggested that these projections be utilized for planning for population growth. 2.2 WATER CONSUMPTION ESTIMATES Updated projected water demands were calculated by applying the growth rates found by the SWFWMD projection approach to the current water usage of 12.61 MGD. The updated water demand projections are presented in Table 2-4 below. City of Clearwater 10-Year Water Supply Facilities Work Plan 11 June 2017 Table 2-4. Potential Demand Scenarios Based on Functional Population Projections Year SWFWMD Functional Population Growth Rate (%) Updated Projected Water Demands (MGD) 2015 133,180 -- 12.61 2016 133,204 0.02% 12.61 2017 133,228 0.02% 12.61 2018 133,253 0.02% 12.62 2019 133,277 0.02% 12.62 2020 133,301 0.02% 12.62 2021 133,318 0.01% 12.62 2022 133,335 0.01% 12.62 2023 133,352 0.01% 12.63 2024 133,369 0.01% 12.63 2025 133,386 0.01% 12.63 2026 133,399 0.01% 12.63 2027 133,413 0.01% 12.63 2028 133,426 0.01% 12.63 2029 133,440 0.01% 12.63 2030 133,453 0.01% 12.64 2031 133,462 0.01% 12.64 2032 133,470 0.01% 12.64 2033 133,479 0.01% 12.64 2034 133,487 0.01% 12.64 2035 133,496 0.01% 12.64 SWFWMD Projections reported in 5 year increments. Data was linearly interpolated for years not specified. City of Clearwater 10-Year Water Supply Facilities Work Plan 12 June 2017 3.0 POTABLE WATER SUPPLY PROJECTS UPDATE In the 2004 Water Master Plan, the city of Clearwater established a water supply goal of 70% self-reliance on local sources and 30% reliance on the regional system by 2014. The 2008 Potable Water Supply Facilities Master Plan Update described the city's objectives and detailed plans to achieve this goal and was submitted to the SWFWMD in October 2008. The current status of the city’s potable water supply projects is described below. 3.1.1 Wellfield Expansion for ROWTP 1 and WTP 3 The groundwater from the wellfields for ROWTP 1 and WTP 3 have intermittently experienced higher level of chlorides, sulfates, and/or total dissolved solids (TDS) over the past years. Wells with groundwater exhibiting higher levels of chlorides, sulfates, and/or TDS have been rested until the water quality improved. Recognizing that the variations in water quality were not causing violations in the city’s finished water after blending, the city requested and subsequently received approval from the SWFWMD to modify the WUP and change routine monitoring from the production wells to monitoring wells. In addition, the city requested in the WUP application that the wellfields providing groundwater to ROWTP 1 and WTP 3 be expanded. The wellfield expansion was reviewed and permitted by both the SWFWMD and the Florida Department of Environmental Protection (FDEP). The Wellfield Expansion Project for ROWTP 1 and W TP 3 added ten new production wells, four relocated wells and three rehabilitated wells (No. 23, No. 68, & No. 69) to the wellfields. Wells construction and rehabilitation was completed in 2011. In conjunction with the Wellfield Expansion Project, construction of raw water pipelines connecting the new wells to the existing raw water system was completed in January 2011. 3.1.2 ROWTP 1 Expansion The ROWTP 1 capacity was 3.0 MGD prior to the expansion, which was provided by blending 1.0 MGD of media filtered blend water with 2.0 MGD of RO permeate produced from two (2) 1.0 MGD treatment units (skids). In the 2004 Master Plan, the facility was proposed to be expanded to 4.5 MGD by adding an additional 1.0 MGD membrane treatment skid to blend with an additional 0.5 MGD of media filtered blended water. During design of the plant expansion, the city determined to change out the existing membranes with newer high flux membranes to achieve the desired treatment capacity of 3.0 MGD through the RO process with the two existing skids. In addition, this expansion also entailed the demolition of the existing 5 MG storage tank, and the construction of two (2) new 3 MG storage tanks. A Backwash Recycle System was also installed to allow for the reclamation of Dual Media Filter and Arsenic Adsorber Backwash. The final design was developed in 2012. Construction of the ROWTP 1 Expansion began in early 2013 and was completed in 2014. The expansion of ROWTP 1 included construction of a new RO concentrate discharge pipeline from ROWTP 1 to the ROWTP 2 site. The RO concentrate from ROWTP 1 blends with the ROWTP 2 raw water from the groundwater wells, providing source water supply for ROWTP 2. Both ROWTP 1 concentrate and ROWTP 2 concentrate discharge to the deep injection well at ROWTP 2. 3.1.3 ROWTP 2 ROWTP 2 has a 6.25 MGD treatment capacity, providing approximately 5.0 MGD of finished water to the city’s potable water system on an annual average daily basis. The source of raw water supply for RO Plant No. 2 is both groundwater from Upper Zone A and brackish groundwater from Lower Zone A of the Floridan City of Clearwater 10-Year Water Supply Facilities Work Plan 13 June 2017 Aquifer. Twelve new wellfield production sites throughout the city provide the brackish groundwater from Lower Zone A. ROWTP 2 began potable water production in 2015. 3.1.4 Offset of Water Demands through Expansion of Reuse System The city has historically provided reclaimed service primarily in the west, southeast, and northeast corridors. Reclaimed water is provided to these areas by the city’s Marshall Street, Northeast, and East Water Reclamation Facilities. The most recent reclaimed water system expansion projects includes the Skycrest, Glen Oaks and Clearwater Harbor projects. The city supplies over 4.5 MGD of reclaimed water on an average day. The city constructed reclaimed water projects with the help of cooperative funding agreements from the SWFWMD. Future expansion of the city’s reclaimed water system will be resident initiated projects. The city will continue to provide rebates to residents that properly abandon an irrigation well to connect to the city’s reclaimed water system. Table 3-1 lists the areas that have reclaimed water service and Figure 3-1 illustrates the city’s existing reclaimed water distribution system. Table 3-1. Areas Served by Reclaimed Water Service Area Year of Activation Island Estates 1999 North Clearwater Beach 2001 South Clearwater Beach 2001 NE WRF Storage and Pumping Facility 2002 North Greenwood 2003 Harbor Oaks 2004 Sunset/Seville 2006 Drew/Union 2007 Del Oro Groves 2007 Morningside 2011 Coachman Ridge/Lake Chautauqua 2011 Skycrest 2012 Glen Oaks /Palmetto 2012 Clearwater Harbor 2013 WAYAVBURNHAM LN CASCADE CT TERRMAC LEODDR S PAULA DR DELDRRIO ROY CHRISTOPHER SALVADOR RD LN REGINA WOOD GULFMAGNOLIA JACARANDA ST HOLLY DOGWOOD DEXTER Marina Plaza FLORIDA EdgewaterTerrValenciaDr SCOTLAND ROANOKE NORFOLK RICHMONDGROVE LIME CIR CIR SORANGEWOOD ST Garden ParkCirN GROVEGarde nPark CITRUSAVCIR CirCirS NSCir AV N ALBERT ABERDEEN ST LOCKLIE PRESIDENT BROADWAYChase Dr ST ST AVHIGHLANDST ST JAMES ST BELTREES ST PLAZA LEXINGTONHELENLYNDHURST LOCKLIEAVCHICAGO HIGHLANDAVST DR COLONIALLOUDENAVST WILKIE JACKSONPASADENAJOSE San Juan HARRIS Palmetto SKINNER GRANT HIGHLAND PERSHING HANCOCK JACKSON VICTORIAMONROE Washington TILDENDRLEE STSTStHUNTLEY DOUGLASAVMann ST ST ST Cedar WILSON SPRINGSANTA BARBARAST ROWENA SAN SPAULDINGMELISSA FRANCES HOWELL GRANTSTHOWARDAVCTAV PARKMilwaukeeST MilwaukeeBLVD BAY LAURA OAK STFREDERICASANTAN Hibiscus S HibiscusALAMO SAN LNPALOMADR ANNADOUGLAS AVSANLNDR RDSANSANCHARLESSANMATEODRDRDR VIST A D R BU E N A DRVISTACERVERABUENA RD MI R A HARBORVIEWGARYCIRNEW JERS E YEDYTHE BLVD PALM BLV D DR D R DRVI S T A MICHIGAN SHORELAGOONDRCEDARMCMULLENWBAYWOODDR DRBAYWOODDRWINDS DRNICHOLA S D RCarolynDrDR S BAYWOOD TRADECORONADOSUEMAR PATRICIASAN CHRISTOPHER SALVADOR FRIAR RD LAKE LAKEWOOD PARKWOOD LYNDHURST GROVEWOOD HILLWOOD KNOLLWOOD WOOD SCOTSDALE LEXINGTON ARNONIMANOR LYNDHURST ST ST DR DRDIANEYORKNEWDRLIVEOAKWISTERIASocrates ST ATHENS CTORANGEST TANGERINE2NDAVACROPOLISYORKNEWJAMES AVEAVWILKIE JAMES DRJENNIFEROAKWOODST S MANOR DR 3RDMARJONJAMESVINE AVMANOR DRWESTST AVST JOAN MARJONLimewoodWILLOW DarbyThistleOAKWOODAvST MARY DRTERRACE RD ST ANNE DR RICHLANDAVST PLAZA MEASEAVST STBLVD BASSDAVISORANGEGROVE MOORE NEWAVYORKST DRPARKDR DRDR S RD LNSANROY SANHELENRDDRCTLAKESIDEDRDR BLVDLAKESIDEBASS AVCARDINALAVEDRAVEN. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Document Path: V:\GIS\Engineering\Location Maps\2016ReclaimedMap.mxd Reclaimed Water Line Service Area County Enclave City of Clearwater 10-Year Water Supply Facilities Work Plan 15 June 2017 3.1.5 Groundwater Replenishment Project The purpose of the Groundwater Replenishment Project is to recharge purified reclaimed water to the Upper Floridan aquifer as part of an indirect potable reuse project. This has many benefits, such as maximizing the beneficial use of the city’s reclaimed water supply and improve the hydrogeologic conditions of the Upper Floridan aquifer through recharge while simultaneously reducing the discharge of excess reclaimed water to surface water. The project will also enhance groundwater resources by providing a potential salinity barrier that can offset current and future withdrawals from the city’s wellfields. The project includes an Advanced Water Purification Plant (AWPP), four recharge wells, a deep injection well for RO concentrate disposal and associated pipelines. Since the 2008 Master Plan update, the city evaluated the feasibility of the preliminary treatment processes to purify reclaimed water to meet or be better than drinking water standards and the feasibility of the aquifer recharge system to recharge the Upper Floridan aquifer with up to 3 MGD of purified reclaimed water. Additionally, the city designed and operated a one-year advanced water purification pilot system from June 2013 to June 2014 and tested hydrogeologic conditions of the Upper Floridan aquifer. The advanced water purification treatment process includes ultrafiltration filtration (UF), reverse osmosis (RO), an advanced oxidation process (AOP) with hydrogen peroxide and UV, and stabilization and deoxygenation of the water with membrane contactors to minimize metals mobilization in the aquifer. The full-scale 3 MGD project is in design. Construction of the recharge wells and deep injection well is scheduled to begin in summer 2017 and construction of the AWPP is scheduled to begin in early 2018. 3.1.6 Water Conservation Measures The city has participated in various water conservation programs, ultimately conserving approximately 1.31 MGD of potable water. Water conservation programs utilized by the city include landscape and irrigation evaluations, rain sensor rebates, pre-rinse spray valves, industrial, commercial, and institutional (ICI) facility assessments, and large landscape surveys. Additionally, the city provides funding for water conservation educational materials for 5th grade students. The city has been providing reclaimed water to residential customers, large outdoor users (including golf courses and city parks), and industrial customers for more than a decade. The city continues to target ICI facilities for potential reclaimed water use through ICI Facility Assessments. 25 ICI Facility Assessments were conducted by the city and reported in the 2010 Regional Water Supply Plan (SWFWMD). Element F of the city’s Comprehensive Plan outlies the city’s development of the reclaimed water program. The city is committed to implementing their Comprehensive Plan and continued participation in water conservation programs in the future. City of Clearwater 10-Year Water Supply Facilities Work Plan 16 June 2017 4.0 CONCEPTUAL COST ESTIMATES FOR CAPITAL IMPROVEMENTS The two major water facilities capital improvement projects the city anticipates within the next 10 years are treatment improvements at W TP 3 and the Groundwater Replenishment Project. Based on review of the water quality of the groundwater supplied by the Water Plant No. 3 wellfield, advanced treatment of the groundwater is needed to address the increasing levels of constituents such as arsenic and total dissolved solids (TDS). The estimated costs associated with improvements to WTP 3 and the Groundwater Replenishment Project are outlined in Table 4-1 below. Table 4-1. Potable Water Supply Facilities Capital Improvement Program (2016 – 2026) Project Estimated Cost WTP 3 Improvements (pretreatment and RO addition) $8.15M (CIP Budgeted) Groundwater Replenishment Project $16.35M* Total $24.5M *City’s portion of the project (50%). SWFWMD cooperative funding (50%) City of Clearwater 10-Year Water Supply Facilities Work Plan 17 June 2017 5.0 WATER PRODUCTION COSTS UPDATE Burton and Associates, financial consultants to the city, has recently performed water production financial analyses for the city. These analyses projected the city’s total water production costs per unit water produced for Fiscal Year (FY) 2016, which included capital, operation and maintenance (O&M), debt service, and renewal and replacement (R&R) costs of all existing and proposed water treatment plant facilities. The cost per unit water produced was then compared to the projected cost of purchasing water from Pinellas County. These costs were used as a baseline to update the water production costs for the planning FY 2022. Pinellas County’s adopted wholesale rates are as follows as shown in Table 5-1: Table 5-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for FY 2016 are shown below in Table 5-2: Table 5-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 18 January 2017 6.0 SUMMARY The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The plans to improve the city’s water supply facilities from 2016 to 2026 are anticipated as follows: 1. Develop the necessary planning and design for the WTP 3 improvements. 2. Continue to expand the reuse distribution system to serve more customers and increase the offset of potable water for irrigation purposes. 3. Continue the Groundwater Replenishment Project and begin construction of wells in 2017 and Advanced Water Purification Plant construction in 2018. These measures of expanding the city’s water supply facilities from 2016 through 2026 provide a cost effective and reliable water supply and treatment system for the city’s residents. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3715 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: 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, 2016 through September 30, 2017, including a one-year renewal, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 1, 2015, City Council approved a purchase agreement in the amount of $400,000 with Waste Management Inc. of Florida for Class III waste disposal at their site. This approval was based on Invitation to Bid # 67-15, which included two, one-year renewal terms at the City’s discretion. Last August, we requested and the Council approved a $200,000 increase in that agreement for Fiscal Year 16 and the optional two years (Fiscal Year 17 and Fiscal Year 18). That brought the annual amount to $600,000 for each of the fiscal years. Staff is asking for another $200,000 annual increase for the remainder of this fiscal year and for Fiscal Year 18. The annual total will now be $800,000. Whereas last year’s increase was due to very robust construction and demolition (C&D) disposal from our Roll-Off collection program, this increase is primarily due to an increase in tons from our residential collection program. This increase in spending on Class III disposal with Waste Management (at $29.25/ton) has been and will be offset by decreased spending on putrescible waste disposal at Pinellas County Solid Waste (at $37.50/ton). APPROPRIATION CODE AND AMOUNT: [Enter funding source codes and amounts.] Funds are available as part of the Fiscal Year 2016/17 Operating Budget of the Solid Waste Fund in the following cost codes: ·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) ·0-424-02089-543500-534-000-0000 (Roll-Off Collection Dump Fees) Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3717 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,700,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2017 through September 30, 2018, as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County Solid Waste operates the only waste-to-energy plant and landfill in the county. All putrescible solid waste collected by the city is taken to this facility. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2017/18 Operating Budget of the Solid Waste Fund. The allocation of the Dump Fees that were planned for Pinellas County Solid Waste are as follows: ·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) $1,137,400 ·0-424-02083-543500-534-000-0000 (Commercial Collection Dump Fees) $1,672,800 ·0-424-02082-543500-534-000-0000 (Roll-Off Collection Dump Fees) $889,800 Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3746 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Tampa Bay Trane of Tampa, FL, in the amount of $296,400 to replace chiller and pumps at City Hall, per proposal 25-FL-150609, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: The Chiller and related components at City Hall are in need of replacement. The corrosive environment has deteriorated the coils and fins beyond repair. This proposal replaces the existing air cooled chiller, pumps and all associated piping; ties into the existing controls, electrical devices and equipment. All associated mechanical and electrical work shall be provided for the removal of designated equipment and installation of new equipment described in and on projects drawings A /E # 16069 dated May 15, 2017. Tampa Bay Trane is an approved vendor under HVAC for US Communities Contract # 15-JLP-023. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-94532-530300-519 to fund this contract. Page 1 City of Clearwater Printed on 8/14/2017 Tampa Bay Trane Clearwater – City Hall Page 1 of 4 902 North Himes Avenue P.O. Box 18547 Tampa, Florida, 33609 813-877-8251 800-966-8251 Toll Free 813-877-8252 Service Dispatch 800-966-8252 Toll Free Service Dispatch 813-877-8257 Fax www.tampabaytrane.com CONTRACTING PROPOSAL DATE: July 28, 2017 TO: City of Clearwater – City Hall ATTN: Mark Jansen SUMMARY: Replace Chiller & Pumps Only at City Hall INTRODUCTION Tampa Bay Trane is pleased to provide the following quotation for the turnkey work required for the project. We would like to take a moment to thank you for allowing us the opport unity to provide this proposal and, for your confidence in Tampa Bay Trane to provide a solution for the work requested. Below you will find the scope of work to be performed under this quotation. If you have any questions, please feel free to contact us. Tampa Bay Trane Clearwater – City Hall Page 2 of 4 902 North Himes Avenue P.O. Box 18547 Tampa, Florida, 33609 813-877-8251 800-966-8251 Toll Free 813-877-8252 Service Dispatch 800-966-8252 Toll Free Service Dispatch 813-877-8257 Fax www.tampabaytrane.com DESCRIPTION Replacement of the air cooled chiller and all associated piping; tie in to existing controls and electrical devises and equipment at the Clearwater City Hall, in Clearwater Florida. All associated mechanical and electrical work shall be provided for the removal of designated equipment and the installation of new equipment described in and on project drawings A/E# 16069 dated May 15, 2017. SCOPE OF WORK: M101: Provide and install new air cooled chiller*. In order to install Chiller, Contractor will require a crane to accesss roof of building. After installation of chiller and appropriate euipment, contractor to re-install the existing chain link roof of the penthouse to its original condition. M102: Provide and install new chilled water pipe as necessary to make connections at chiller. All new chilled water pipe to be insulated to match existing roof curb. M103: Provide and install new chilled water pump M112: Seal pipe penetration through wall. Paint to match existing. M113: Tie in to existing chilled water pipes and install new 4” capped butterfly valve for emergency hiller connections. Provide and install new pipe and insulation to match existing. Flange cap to be insulated and removable. Tampa Bay Trane Clearwater – City Hall Page 3 of 4 902 North Himes Avenue P.O. Box 18547 Tampa, Florida, 33609 813-877-8251 800-966-8251 Toll Free 813-877-8252 Service Dispatch 800-966-8252 Toll Free Service Dispatch 813-877-8257 Fax www.tampabaytrane.com Addendum A: Alternative Chiller Manufacturer Supply and Install (1) TRANE Air-Cooled Scroll Packaged Chiller – CGAM100A2  Startup Included – Performed by a Factory Authorized technician  100 nominal tons  208 volt 3 phases 60 hertz  High efficiency/performance  Full factory refrigerant charge (HFC-410A)  With factory installed freeze protection  Refrigerant isolation valves (discharge valve)  UL listed to US and Canadian safety standard  ASHRAE 90.1 all versions up to 2016, AHRI certified  Factory installed flow switch – Thermal dispersion type  Std cooling (40 to 65F/4.44 to 18C)  Grooved pipe connection  Insulation high humidity/low evap temp  Performance based on water  Wide ambient (0 to 125F/-18 to 52C)  Aluminum Fin / Copper Tube condenser coil – Luvata Coating – 10 Year Luvata Warranty  Luvata – Interior and Exterior Cabinet Coating  Across the line starter/direct on line  Single point connection main line unit power-ancillary items require other power  Circuit breaker-high fault rated control panel – 65,000 AIC Protection  Elastomeric isolators  With water strainer factory installed  Architectural louvered panels  10 Year Parts, Labor and Refrigerant Warranty This addendum shall be made a part of this agreement, and in the event of conflict with other terms, conditions, purchase order or contract documents, this addendum shall govern. Tampa Bay Trane Clearwater – City Hall Page 4 of 4 902 North Himes Avenue P.O. Box 18547 Tampa, Florida, 33609 813-877-8251 800-966-8251 Toll Free 813-877-8252 Service Dispatch 800-966-8252 Toll Free Service Dispatch 813-877-8257 Fax www.tampabaytrane.com INVESTMENT: In accordance with our standard terms, conditions and standard project general exclusions, the investment for the project listed in this proposal is: US Communities Contract # 15-JLP-023 US Communities Quote # 57-20017-17-006 Addendum A: project with Trane Chiller & Pumps……………………….…………………………$296,400.00 ** Pricing includes a 10 Year Parts, Labor and Refrigerant Warranty as specified GENERAL EXCLUSIONS: Additional to those items specifically addressed in the “General Terms and Conditions”, the following items are also excluded from coverage:  Any service not listed is not included in this proposal CLARIFICATIONS:  This proposal is valid for (60) days.  Work will performed during regular business hours CUSTOMER ACCEPTANCE Signature of Authorized Representative Print Name Title Date Purchase Order TAMPA BAY TRANE ACCEPTANCE Chris Donnelly Signature of Authorized Representative Tampa Bay System Sales Inc. dba/Tampa Bay Trane Company Account Executive Title June 27, 2017 Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3726 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Reappoint Councilmember Doreen Caudell to serve as the City’s representative on the Forward Pinellas Board with a term to expire September 12, 2021. (consent) SUMMARY: The term of the City’s representative, Councilmember Caudell, will expire this September. Forward Pinellas has requested that the City reappoint, or appoint, a Councilmember to serve as the City’s representative for the next four years. There are no term limits on the board; Councilmember Caudell may be reappointed. Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3735 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint Jennifer Christou-Wood to the Parks and Recreation Board to fill the remainder of an unexpired term through January 31, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Staff Liaison: Jim Halios MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Council Chambers - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Ric Ortega - 1949 Carlos Ave., 33755 - Architect Original Appointment: 1/17/13 Resigned 7/19/17 - (was serving 2nd term to expire 1/31/21) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Jennifer Christou-Wood - 940 Lantana Ave., 33767 - Reg. Interior Designer Zip codes of current members on board: 1 at 33755 1 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3735 1 at 33764 2 at 33765 Page 2 City of Clearwater Printed on 8/14/2017 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. ie ,- LVDDS Home Address: Office Address: a D fi tl4etha " tIr 4-51f A,bbo ,4 C ItL zip 33 7'Y t 1JLS, -TX Zip 7' 5 5 Telephone: Telephone: ca - / Cell Phone: 9//• 796.7b' " Email Addressjeh tfit4 iiv d • ode_syn 114- a,boi/G r'e5ise.n ce - 0 %aop ' } 4'A How long a resident of Clearwater? Aged In dw ,41um,, --0-/iv er Occupation: Pee, ,es—/Jar Employer: \ill lb /Me— Field of Education: PL tbsees Other Work Experience: In rivf -- 2 e5 h Ad ' '+ aCU Ilyc 1 If retired, former occupation: Community Activities: ShUc'ien (au4- Iva di ) Other Interests: OoM/"unu7 De 4 /op el Board Service (current and past): Board Preference: I _ PrrS an-1' A51D CA ul t rrt l JNV 66011-- artss et R[C rad lDO o t ap a 3 cA n ar la tt l 1 ) t ilL4 - . 4511 ) /cotAitt t NV A P1.61t. Ar * Des .gn 72,0t DwL44' i Q 'rtac. - l to awl- 13 S-r'vivarl npr -a1 d Additional Comments: LL-)&041 & 1 r?J tri -led h rra, /, /e J,e ?r i)t) r Signature: Date: 5* a/ .2o/7 See attache • list or boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within cit ! limits r it MAY 032011 OFFCIAL RECORDS AND LEGISLATIVE SRVCS .LT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? RereK.e/79- -1/ie Cilrrenr afetxrr r" a, d a raiviSt, AA S I /-r S /-5' e7L' C/ I , ; in a &t7L n Z-0 ..xe rt / € ptr5Om/ Jeatner5Aip In it 1-01e5 L n d r€ sec) nsibih:bec 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? o. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? ry d a J'eyA L hoar -els /,nnifd fn 41,06 a s h _P& _fitialess:harkti ?hr tclittr or ,4511 t an-i / ji4rAfb t'%1s ' f%2r c a d 65741423c 1 r /410 1 pvivinc r- a 1- Z` Sek yid, on ivas +car A ela //'7"1 511 •10 etecJ Gr ornrrrs kt7 i ,4 S•14rc» hen r Imes e74 4. Why do you want to serve on this Board? iv 4A-or, ptts ;d u Secs l_ - s44-4011 tri h 'ni <_ 1I CIe.ar- `1i 11- ri 1 /7= •This J wn-u u it-i'i 1/ L 144 /( iv au K t 1 P 1 z art r i° "Left ors l L7 l>(4-- YeS74 fi p -6 he C. o Pri nv--) (.LJ1 7 • Name: Board Name: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9032-17 2nd rdg Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9032-17 on second reading, vacating a portion of a 40 foot Right-of-Way of Wildwood Street (Plat), from the northerly Right-of-Way line of Park Lane to the southerly Right-of-Way line of Smallwood Circle, Glenwood Subdivision, as recorded in Plat Book 8, Page 14, subject to a drainage and utility easement which is retained over the entire vacated portion thereof. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 ORDINANCE NO. 9032-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A 40 FOOT RIGHT- OF-WAY OF WILDWOOD STREET (PLAT), FROM THE NORTHERLY RIGHT-OF-WAY LINE OF PARK LANE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SMALLWOOD CIRCLE, GLENWOOD SUBDIVISION PLAT BOOK 8, PAGE 14, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE ENTIRE VACATED PORTION THEREOF; 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 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: A partial right-of-way vacation described as follows: See Exhibit A is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement under, over, across and through the entire described property for the installation and maintenance of any and all public utilities thereon. 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. 1 Ord. No. 9032-17 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 2 Ord. No. 9032-17 Lot 2 Lot 51 Lot 101 Lot 100 Lot 99 Lot 98 Lot 97 Lot 96 Lot 95 Lot 52 Lot 53 Lot 54 Lot 55 Lot 102 Lot 103 Lot 104 Lot 105 Lot 106 Lot 144 Lot 107 Lot 108 Lot 109 Lot 110 Lot 143 Lot 56 Lot 111 Lot 112 Lot 113 Lot 142 Lot 82 Lot 4 Lot 3 Lot 2 Lot 150 Lot 149 Lot 148 Lot 147 Lot 146 Lot 145 Lot 151 Lot 152 Lot 153 Lot 154 Lot 83 Lot 91Lot 92Lot 93 Glenwood Park Glenwood Subdivision Plat Book 8, Page 14 Glenwood Subdivision Plat Book 8, Page 14 Glenwood Subdivision Plat Book 8, Page 14 Glenwood Subdivision Plat Book 8, Page 14 Area of Interest Legal Description: Linetype Legend Rosemere Rd KARLYNCi r DR CASLER CT AVESTBAKERDrranda Cir OAKWOOD RIDGEWOOD PINEWOODAVE WoodRichards Ct MAPLE ST ST RICHARDSGLENWOODGROVE Rosewood AVEHIGHLANDORANGEWOOD AVEEDGEWOOD AVEHOBART AVERidgewood CASLERDUNCAN AVEDRWOODELMWOOD Rosemere Smallwood WALNUT WEBBST ST AVECR-548 BONAIR ST PALMETTO AVESt DREW ST ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com RIGHT-OF-WAY VACATION AND EASEMENT RETENTION LOCATION ^ JB TM N.T.S.279A 11-29s-15e05/15/17Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Right-of-Way Vacation of Wildwood Street & Drainage & Utility Easement Retention Document Path: S:\Engin\WORD\VACATIONS\Vac2017\VAC2017-02-Wildwood St\Location Map.mxd LOCATION MAP Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9051-17 2nd rdg Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9051-17 on second reading, vacating the south 28 feet of public Right-of-Way of Vernon Street approximately 170 feet west of South Washington Avenue, abutting Lots 21 and 22 of Tennessee Terrace Subdivision, as recorded in Plat Book 11, Page 85. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 1 Ord. No. 9051-17 ORDINANCE NO. 9051-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SOUTH 28 FEET OF PUBLIC RIGHT-OF-WAY OF VERNON STREET APPROXIMATELY 170 FEET WEST OF SOUTH WASHINGTON AVENUE, ABUTTING LOTS 21 AND 22 OF TENNESSEE TERRACE SUBDIVISION PLAT BOOK 11, PAGE 85; 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 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: A partial right-of-way vacation described as follows: See Exhibit A 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. 9051-17 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 HOWARD BELLEVUE YOUNGAVEAVEAVEAVEAVEPROSPECTMILLERTILLEYMADISONWASHINGTONEWINGTIOGAAVEST RD AVEMICHIGANSR-651JEFFERSONEWINGMICHIGANMADISONWASHINGTONTIOGAWILD WOOD ALMA QUEEN ST MADISONVernonAVEWilliamson HARRIS KINGSLEY QUEEN HARVEYSPEARL AVEAVESTAVEAVEAVESOUTHS MARTIN LUTHER KING JRAVEST EASYYOUNGAVE WOODLAWN CTANNHOWARDST.CIRAVEPRESCOTTLNBETTYL N BLVD AVEST FREDRICABETTYBOYLANBETTYEVERGREENAVEFRIENDAVELNWoodlawn OaksUS-19 ALT.SR-595EVERGREEN AVECR-464 RDBELLEAIR ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com RIGHT-OF-WAY VACATION ^ JB TM N.T.S.314A 22-29s-15e05/22/17Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Right-of-Way VacationVernon Street Document Path: S:\Engin\WORD\VACATIONS\Vac2015\VAC2015-08 - 1519 Tioga _ Vernon St\Location Map.mxd LOCATION MAP 1512 1519 1521 1520 1523 1522112911221508 1506A VERNON ST TIOGA AVE S WASHINGTON AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.314A 22-29s-15e05/25/17Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Partial Right-of-Way VacationVernon Street Document Path: S:\Engin\WORD\VACATIONS\Vac2015\VAC2015-08 - 1519 Tioga\Aerial Location Map.mxd Legend 28' Portion to be Vacated Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9061-17 2nd rdg Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9061-17 on second reading, amending Clearwater Code of Ordinances Appendix A, Article XXIV, Section (3)(E) relating to stormwater management utility rates. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 Ordinance 9061-17[A04-01311 /204642/2] ORDINANCE NO. 9061-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CLEARWATER CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXIV, PUBLIC WORKS-FEES,RATES AND CHARGES, SECTION (3)(E)STORMWATER MANAGEMENT UTILITY RATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the 2017 Stantec Consulting Services’ Stormwater Revenue Sufficiency Analysis, the City’s Engineering Department (the Department) determines that due to current capital and operating cost projections, the previously adopted 1.25% rate increases for 10/01/2017 and 10/01/2018 can be changed to .50% increases, with years 2019, 2020, and 2021 also receiving .50% rate increases; and WHEREAS, this ordinance reflects such proposed rate changes; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: Section 1.Appendix A, Article XXIV Public Works--Fees, Rates, and Charges, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: XXIV. PUBLIC WORKS—FEES, RATES AND CHARGES ********* (3) Rates: ********* (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program funding needs of the system. For the purpose of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 2 Ordinance 9061-17[A04-01311 /204642/2] 1.Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below and shall be effective for bills issued on or after the dates indicated: Effe ctiv e 10/1/1517 10/1/1618 10/1/1719 10 /1/1820 10/1/1921 Pe r ERU $1 4.33 $14.58 $14.51 $14.65 $14.69 $14.72 $14.87 $14.79 $15.06 $14.86 ********* Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form:Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Stantec 5/2/2017 City of Clearwater - FY 2017 Stormwater Rate Study Assumptions & Preliminary Results Workbook City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Assumptions Schedule 1 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Cost Escalation Factors: Inflationary Cost Escalator (1)N/A 2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% 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%9.00%9.00%9.00%9.00%9.00%9.00%9.00%9.00%9.00% EMP Pension Plan (% of Salaries)N/A 15.00%15.00%15.00%15.00%15.00%15.00%15.00%15.00%15.00%15.00% Dump Fee N/A 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% 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% Average Annual Cost Escalation N/A 4.21%3.70%3.73%3.77%3.81%3.85%3.90%3.94%3.98%4.03% Average Annual Interest Earnings Rate: Revenue Fund 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Renewal & Replacement Fund 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Bond Funds (New Issues)1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Other Assumptions: Working Capital Reserve Target (Months of O&M):6.00 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 (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: Annual Interest Rate:5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Debt Service Reserve Fund 1 Years of Debt Service Capitalized Interest to Bond Sinking Fund 0 Years Interest Total Costs of Issuance 1.5%of Par Term of Issuance 30 Years Rate Covenant:1.15 x Debt Service Parity Test:1.20 x Debt Service Debt Service Structure:Level Debt Service (1) Applies to all O&M line-items, unless otherwise presented in this Schedule. Stantec 5/2/2017 Internal Service Charge Codes City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan FY 2017 Beginning Balances Schedule 2 CURRENT UNRESTRICTED ASSETS Revenue Fund Restricted Reserves CURRENT UNRESTRICTED ASSETS Cash and Investments 31,381,633 - Accrued Interest Receivable 96,656 - Accounts and Contracts Receivable (net of Allowance for Uncoll.)2,338,388 - Other Receivables - - Interfund Receivables - - Due From Other Governmental Entities - - Inventories - - Prepaid Expenses and Other Assets - - Restricted Reserves Less Subtotal of Reserves Available for Carry-Over CIP - 1,375,312 TOTAL ASSETS 33,816,677 1,375,312 CURRENT LIABILITIES Less: Accounts and Contracts Payable (438,990) - Less: Accrued Payroll (83,606) - Less: Accrued Interest Payable - - Less: Due to Other Funds - - Less: Due to Other Governmental Entities - - Less: Deposits - - Less: Unearned Revenue and Liens - - Less: Current Potion of LT Liabilities - Compensated Absences (118,032) - Less: Current Potion of LT Liabilities - OPEB - - Less: Current Potion of LT Liabilities - Revenue Bonds (125,000) - Less: Current Potion of LT Liabilities - Capital Lease Purchases Payable (36,679) - Less: Current Potion of LT Liabilities - Claims Payable - - Less: Accrued Interest Payable - - Less: Current Portion of LT Liabilities - Revenue Bonds - - CALCULATED FUND BALANCE (ASSETS - LIABILITIES)33,014,370 1,375,312 Restricted Reserves Less Subtotal of Reserves Available for Carry-Over CIP - - Less: Accrued Interest Payable - - Less: Current Portion of LT Liabilities - Revenue Bonds - - NET UNRESTRICTED FUND BALANCE 33,014,370 1,375,312 FUND BALANCES As of 9/30/2016 Revenue Fund 33,014,370$ Restricted Reserves 1,375,312$ Total Consolidated Fund Balance 34,389,682$ Stantec City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Capital Improvement Program Schedule 3 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1 Stormwater Fund 2 Survey Equipment 35,000$ 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3 Public Works Complex 110,720 1,080,710 174,130 1,729,740 - 2,270 39,120 - 2,860 28,620 - 4 Storm Pipe Syst Imprvmnts 2,002,910 1,136,610 2,691,920 1,661,970 2,974,340 3,069,230 3,124,880 3,259,000 3,353,640 3,427,880 3,559,000 5 Stormwater System Expansion 318,300 327,900 337,800 347,700 358,200 369,000 380,100 391,500 403,200 415,200 427,500 6 Stevenson Creek 1,326,250 1,366,250 1,407,500 1,448,750 1,492,500 1,537,500 1,583,750 1,631,250 1,680,000 1,730,000 1,781,250 7 Coastal Basins Improv Projs 1,061,000 1,093,000 1,126,000 1,159,000 1,194,000 1,230,000 1,267,000 1,305,000 1,344,000 1,384,000 1,425,000 8 Alligator Creek Watershed Projs 1,326,250 1,366,250 1,407,500 1,448,750 1,492,500 1,537,500 1,583,750 1,631,250 1,680,000 1,730,000 1,781,250 9 Encumberances (1)10,294,123$ - - - - - - - - - - 10 Total CIP Budget (in FY 2016 dollars)16,474,553$ 6,374,220 7,148,350 7,799,410 7,515,040 7,749,000 7,982,100 8,221,500 8,467,200 8,719,200 8,977,500 11 Cumulative Projected Cost Escalation (2)0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% 12 Total CIP Budget (in Future dollars)16,474,553$ 6,374,220 7,148,350 7,799,410 7,515,040 7,749,000 7,982,100 8,221,500 8,467,200 8,719,200 8,977,500 13 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% 14 Projected Annual CIP Spending (in Future dollars)16,474,553$ 6,374,220 7,148,350 7,799,410 7,515,040 7,749,000 7,982,100 8,221,500 8,467,200 8,719,200 8,977,500 (1) Reflects the Add Back Open Encumberances specified in the City's CIP. (2) The City's CIP was provided in future dollars, and as such, no cost escalation has been applied to the projects. City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Projection of Cash Inflows Schedule 4 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1 Rate Revenue Growth Assumptions: 2 Growth in Stormwater Accounts N/A 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% 3 Annual Rate Revenue Adjustments: 4 Stormwater Rate Increase N/A 0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50% 5 Stormwater Rate Revenue: 6 Stormwater Rate Revenue 7 Stormwater 17,969,237$ 18,059,083$ 18,149,378$ 18,240,125$ 18,331,326$ 18,422,983$ 18,515,097$ 18,607,673$ 18,700,711$ 18,794,215$ 18,888,186$ 8 Total Solid Waste & Recycling Rate Revenue 17,969,237$ 18,059,083 18,149,378 18,240,125 18,331,326 18,422,983 18,515,097 18,607,673 18,700,711 18,794,215 18,888,186 9 Stormwater 10 Operating Revenue 11 Airpark Fund 3,290$ 3,290 3,290 3,290 3,290 3,290 3,290 3,290 3,290 3,290 3,290 12 Gas Utility Fund 28,160$ 28,160 28,160 28,160 28,160 28,160 28,160 28,160 28,160 28,160 28,160 13 Parking Fund 86,540$ 86,540 86,540 86,540 86,540 86,540 86,540 86,540 86,540 86,540 86,540 14 Late Payment Fee 50,000$ 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 15 Ins Proceeds-Other 639$ - - - - - - - - - - 16 Sale Of Scrap 6,000$ 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 17 Capital Lbr 4,000$ 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 18 Other General Revenue 4,984$ - - - - - - - - - - 19 Workers Comp Reimburse 149$ - - - - - - - - - - 20 Total Other Operating Revenue 183,762$ 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 21 Other Non-Operating Revenue: 22 Interest Earned on Unrestricted Funds 442,637$ 544,492 730,832 744,879 728,866 701,677 661,122 606,408 536,425 450,051 346,377 22 Interest Earned on Restricted Funds 20,630$ 27,506 34,383 34,383 34,383 34,383 34,383 34,383 34,383 34,383 34,383 23 Interest Earned on Construction Fund -$ 109,830 121,762 86,129 94,780 95,123 95,888 98,805 101,771 104,816 107,940 24 Total Non-Operating Revenue 463,267$ 681,828 886,977 865,390 858,029 831,183 791,392 739,596 672,579 589,250 488,700 25 Total Revenue 18,616,266$ 18,918,901 19,214,345 19,283,506 19,367,344 19,432,155 19,484,480 19,525,259 19,551,280 19,561,454 19,554,876 Stantec 5/2/2017 City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Projection of Cash Outflows Schedule 5 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1 01365 Eng-Stormwater Management 2 Personal Services 3 510100 Full Time Salaries & Wages 635,540$ 651,429 667,714 684,407 701,517 719,055 737,032 755,457 774,344 793,702 813,545 4 510200 Part Time Salaries & Wages 26,000$ 26,650 27,316 27,999 28,699 29,417 30,152 30,906 31,678 32,470 33,282 5 510500 Overtime 1,330$ 1,363 1,397 1,432 1,468 1,505 1,542 1,581 1,620 1,661 1,703 6 520100 Life Ins $2500 Empl & Pens 90$ 98 107 117 127 138 151 165 179 195 213 7 520200 1% Life Insurance-Employee 890$ 970 1,057 1,153 1,256 1,369 1,493 1,627 1,773 1,933 2,107 8 520300 Samp Life Insurance 2,060$ 2,245 2,447 2,668 2,908 3,170 3,455 3,766 4,105 4,474 4,877 9 520400 Major Medical Ins-Emp 83,070$ 90,546 98,695 107,578 117,260 127,813 139,317 151,855 165,522 180,419 196,657 10 520600 Social Security-Employee 14,430$ 14,791 15,161 15,540 15,928 16,326 16,734 17,153 17,582 18,021 18,472 11 520700 Emp Pension Plan 62,960$ 101,916 104,464 107,076 109,753 112,496 115,309 118,192 121,146 124,175 127,279 12 520900 Workers Compensation 10,900$ 11,173 11,452 11,738 12,032 12,332 12,641 12,957 13,281 13,613 13,953 13 521000 Disability Insurance 450$ 491 535 583 635 692 755 823 897 977 1,065 14 522000 CWA Life 400$ 436 475 518 565 615 671 731 797 869 947 15 Total Personal Services 838,120$ 902,108 930,821 960,808 992,148 1,024,930 1,059,251 1,095,211 1,132,925 1,172,510 1,214,100 16 O&M Expenses 17 530100 Professional Services 83,000$ 90,470 98,612 107,487 117,161 127,706 139,199 151,727 165,383 180,267 196,491 18 530300 Other Contractual Serv 346,800$ 355,470 364,357 373,466 382,802 392,372 402,182 412,236 422,542 433,106 443,933 19 542200 Elec-Util Charges 7,000$ 7,175 7,354 7,538 7,727 7,920 8,118 8,321 8,529 8,742 8,961 20 542300 Gas,Water & Sanitation Utl 880$ 902 925 948 971 996 1,021 1,046 1,072 1,099 1,126 21 542500 Postage 1,600$ 1,640 1,681 1,723 1,766 1,810 1,856 1,902 1,949 1,998 2,048 22 543100 Advertising 780$ 800 819 840 861 882 905 927 950 974 998 23 543400 Printing & Binding 5,500$ 5,638 5,778 5,923 6,071 6,223 6,378 6,538 6,701 6,869 7,040 24 544100 Equipt Rental 100$ 103 105 108 110 113 116 119 122 125 128 25 546100 Ofc Equip Svc & Repair 100$ 103 105 108 110 113 116 119 122 125 128 26 546200 Other Equip Svc & Repair 250$ 256 263 269 276 283 290 297 305 312 320 27 547100 Uniforms-Employee 580$ 595 609 625 640 656 673 689 707 724 742 28 547200 Travel Expense-Emp 6,100$ 6,253 6,409 6,569 6,733 6,902 7,074 7,251 7,432 7,618 7,809 29 547300 Mileage Reimbursement 410$ 420 431 442 453 464 475 487 500 512 525 30 547400 Meals-Employee 80$ 82 84 86 88 91 93 95 97 100 102 31 547700 Cell Phone Stipend 360$ 369 378 388 397 407 417 428 439 450 461 32 548000 Other Services Or Charges 100$ 103 105 108 110 113 116 119 122 125 128 33 550100 Office Supplies 720$ 738 756 775 795 815 835 856 877 899 922 34 550400 Operating Supplies & Matls 4,640$ 4,756 4,875 4,997 5,122 5,250 5,381 5,516 5,653 5,795 5,940 35 557100 Memberships/Subs/Lic Emp 7,380$ 7,565 7,754 7,947 8,146 8,350 8,559 8,773 8,992 9,217 9,447 36 557200 Officl Recognition-Emp 100$ 103 105 108 110 113 116 119 122 125 128 37 557300 Training & Ref Employee 8,250$ 8,456 8,668 8,884 9,106 9,334 9,567 9,807 10,052 10,303 10,561 38 Total O&M Expenses 474,730$ 491,993 510,174 529,338 549,558 570,912 593,486 617,371 642,668 669,484 697,939 39 Internal Services 40 540100 Garage Services 15,520$ 16,296 17,111 17,966 18,865 19,808 20,798 21,838 22,930 24,077 25,280 41 540300 Telephone Service Variable 2,440$ 2,562 2,690 2,825 2,966 3,114 3,270 3,433 3,605 3,785 3,975 42 540600 Telephone Svc Fixed 1,100$ 1,155 1,213 1,273 1,337 1,404 1,474 1,548 1,625 1,706 1,792 43 540700 Postal Service 12,500$ 13,125 13,781 14,470 15,194 15,954 16,751 17,589 18,468 19,392 20,361 44 540900 Risk Mgmt Service 2,810$ 2,951 3,098 3,253 3,416 3,586 3,766 3,954 4,152 4,359 4,577 45 541000 Info Technology Charge 114,820$ 120,561 126,589 132,919 139,564 146,543 153,870 161,563 169,641 178,124 187,030 46 542000 Employee Benefits-Fixed 2,240$ 2,352 2,470 2,593 2,723 2,859 3,002 3,152 3,310 3,475 3,649 47 Total Internal Services 151,430$ 159,002 166,952 175,299 184,064 193,267 202,931 213,077 223,731 234,918 246,664 48 TOTAL 01365 ENG-STORMWATER MANAGEMENT 1,464,280$ 1,553,102 1,607,947 1,665,445 1,725,770 1,789,110 1,855,667 1,925,660 1,999,323 2,076,912 2,158,702 49 02090 Pub Ser-Stormwater Util 50 Personal Services 51 510100 Full Time Salaries & Wages 1,708,990$ 1,751,715 1,795,508 1,840,395 1,886,405 1,933,565 1,981,904 2,031,452 2,082,238 2,134,294 2,187,652 52 510500 Overtime 15,000$ 15,375 15,759 16,153 16,557 16,971 17,395 17,830 18,276 18,733 19,201 53 520100 Life Ins $2500 Empl & Pens 30$ 33 36 39 42 46 50 55 60 65 71 54 520200 1% Life Insurance-Employee 650$ 709 772 842 918 1,000 1,090 1,188 1,295 1,412 1,539 55 520300 Samp Life Insurance 680$ 741 808 881 960 1,046 1,140 1,243 1,355 1,477 1,610 56 520400 Major Medical Ins-Emp 430,900$ 469,681 511,952 558,028 608,251 662,993 722,662 787,702 858,595 935,869 1,020,097 57 520600 Social Security-Employee 28,400$ 29,110 29,838 30,584 31,348 32,132 32,935 33,759 34,603 35,468 36,354 58 520700 Emp Pension Plan 253,780$ 265,063 271,690 278,482 285,444 292,580 299,895 307,392 315,077 322,954 331,028 City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Projection of Cash Outflows Schedule 5 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 59 520900 Workers Compensation 34,350$ 35,209 36,089 36,991 37,916 38,864 39,835 40,831 41,852 42,898 43,971 60 521000 Disability Insurance 280$ 305 333 363 395 431 470 512 558 608 663 61 522000 CWA Life 7,480$ 8,153 8,887 9,687 10,559 11,509 12,545 13,674 14,904 16,246 17,708 62 Total Personal Services 2,480,540$ 824,379 876,164 932,049 992,390 1,057,573 1,128,019 1,204,186 1,286,575 1,375,730 1,472,242 63 Other Operating 64 530300 Other Contractual Serv 95,600$ 97,990 100,440 102,951 105,525 108,163 110,867 113,638 116,479 119,391 122,376 65 542200 Elec-Util Charges 1,200$ 1,230 1,261 1,292 1,325 1,358 1,392 1,426 1,462 1,499 1,536 66 542300 Gas,Water & Sanitation Utl 25,650$ 26,291 26,949 27,622 28,313 29,021 29,746 30,490 31,252 32,033 32,834 67 542500 Postage 120$ 123 126 129 132 136 139 143 146 150 154 68 542700 Interfd Svc Chg-Other Fund 16,560$ 17,388 18,257 19,170 20,129 21,135 22,192 23,302 24,467 25,690 26,974 69 542800 Interfd Other Serv Chgs 769,130$ 807,587 847,966 890,364 934,882 981,626 1,030,708 1,082,243 1,136,355 1,193,173 1,252,832 70 542900 Interfd Admin Service Chg 577,750$ 606,638 636,969 668,818 702,259 737,372 774,240 812,952 853,600 896,280 941,094 71 543400 Printing & Binding 650$ 666 683 700 717 735 754 773 792 812 832 72 543500 Dump Fee 250,000$ 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 73 544100 Equipt Rental 33,000$ 33,825 34,671 35,537 36,426 37,336 38,270 39,227 40,207 41,212 42,243 74 545100 Insurance 88,690$ 90,907 93,180 95,509 97,897 100,345 102,853 105,425 108,060 110,762 113,531 75 546200 Other Equip Svc & Repair 10,000$ 10,250 10,506 10,769 11,038 11,314 11,597 11,887 12,184 12,489 12,801 76 547100 Uniforms-Employee 15,100$ 15,478 15,864 16,261 16,668 17,084 17,511 17,949 18,398 18,858 19,329 77 547200 Travel Expense-Emp 6,750$ 6,919 7,092 7,269 7,451 7,637 7,828 8,024 8,224 8,430 8,641 78 547300 Mileage Reimbursement 450$ 461 473 485 497 509 522 535 548 562 576 79 547400 Meals-Employee 600$ 615 630 646 662 679 696 713 731 749 768 80 548000 Other Services Or Charges 1,000$ 1,025 1,051 1,077 1,104 1,131 1,160 1,189 1,218 1,249 1,280 81 550100 Office Supplies 4,000$ 4,100 4,203 4,308 4,415 4,526 4,639 4,755 4,874 4,995 5,120 82 550400 Operating Supplies & Matls 250,000$ 256,250 262,656 269,223 275,953 282,852 289,923 297,171 304,601 312,216 320,021 83 551500 Medical Supplies 1,000$ 1,025 1,051 1,077 1,104 1,131 1,160 1,189 1,218 1,249 1,280 84 552500 $750-5000 Mach & Equip 33,100$ 33,928 34,776 35,645 36,536 37,450 38,386 39,345 40,329 41,337 42,371 85 557100 Memberships/Subs/Lic Emp 3,410$ 3,495 3,583 3,672 3,764 3,858 3,955 4,053 4,155 4,259 4,365 86 557200 Officl Recognition-Emp 420$ 431 441 452 464 475 487 499 512 525 538 87 557300 Training & Ref Employee 20,360$ 20,869 21,391 21,925 22,474 23,035 23,611 24,202 24,807 25,427 26,063 88 Total Other Operating 2,204,540$ 2,287,490 2,374,217 2,464,902 2,559,734 2,658,909 2,762,635 2,871,129 2,984,620 3,103,346 3,227,558 89 Internal Services 90 540100 Garage Services 1,092,280$ 1,125,048 1,158,800 1,193,564 1,229,371 1,266,252 1,304,239 1,343,367 1,383,668 1,425,178 1,467,933 91 540300 Telephone Service Variable 2,090$ 2,195 2,304 2,419 2,540 2,667 2,801 2,941 3,088 3,242 3,404 92 540500 Radio Svc-Fixed 31,540$ 33,117 34,773 36,511 38,337 40,254 42,267 44,380 46,599 48,929 51,375 93 540600 Telephone Svc Fixed 1,100$ 1,155 1,213 1,273 1,337 1,404 1,474 1,548 1,625 1,706 1,792 94 540700 Postal Service 180$ 189 198 208 219 230 241 253 266 279 293 95 540900 Risk Mgmt Service 11,780$ 12,369 12,987 13,637 14,319 15,035 15,786 16,576 17,404 18,275 19,188 96 541000 Info Technology Charge 147,570$ 154,949 162,696 170,831 179,372 188,341 197,758 207,646 218,028 228,930 240,376 97 541500 Garage Variable 11,000$ 11,550 12,128 12,734 13,371 14,039 14,741 15,478 16,252 17,065 17,918 98 541600 Bldg & Maint-Variable 400$ 420 441 463 486 511 536 563 591 621 652 99 541800 Administrative Charge 364,070$ 382,274 401,387 421,457 442,529 464,656 487,889 512,283 537,897 564,792 593,032 100 542000 Employee Benefits-Fixed 9,390$ 9,860 10,352 10,870 11,414 11,984 12,583 13,213 13,873 14,567 15,295 101 Total Internal Services 1,671,400$ 1,733,124 1,797,280 1,863,968 1,933,295 2,005,372 2,080,316 2,158,247 2,239,292 2,323,583 2,411,258 102 Capital Items 103 564000 >$5,000 Machinery & Equip 24,500$ 25,113 25,740 26,384 27,043 27,720 28,412 29,123 29,851 30,597 31,362 104 Total Capital Items 24,500$ 25,113 25,740 26,384 27,043 27,720 28,412 29,123 29,851 30,597 31,362 105 TOTAL 02090 PUB SER-STORMWATER UTIL 6,380,980$ 6,621,820 6,868,909 7,127,698 7,398,867 7,683,138 7,981,286 8,294,137 8,622,576 8,967,550 9,330,072 106 CAPITAL FINANCING COSTS (1) 107 Series 2012 Principal -$ 725,000 765,000 795,000 815,000 850,000 890,000 935,000 985,000 1,020,000 1,070,000 108 Series 2012 Interest -$ 573,050 543,450 524,025 499,775 466,475 429,369 385,888 347,738 312,563 276,113 109 Series 2013 Principal -$ 505,000 520,000 535,000 545,000 560,000 575,000 585,000 605,000 625,000 630,000 110 Series 2013 Interest -$ 290,178 274,905 259,186 243,094 226,629 209,718 192,434 174,703 156,376 137,676 111 Series 2014 Principal -$ 320,000 325,000 335,000 345,000 350,000 360,000 370,000 380,000 390,000 400,000 112 Series 2014 Interest -$ 127,568 118,796 109,820 100,572 91,120 81,464 71,536 61,336 50,864 40,120 113 FY 2017 Debt Service Payments 2,569,710$ - - - - - - - - - - 114 TOTAL CAPITAL FINANCING COSTS 2,569,710$ 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 2,554,802 2,553,909 115 LEASE PURCHASE EXPENSES City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Projection of Cash Outflows Schedule 5 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 116 Leased Equipment 98,760$ - - - - - - - - - - 117 TOTAL LEASE PURCHASE EXPENSES 98,760$ - - - - - - - - - - 118 TRANSFERS OUT 119 Interfund Transfer 120 590200 Interfund Transfer 959,500$ 998,415 998,097 1,003,039 1,008,005 1,012,996 1,018,012 1,023,053 1,028,120 1,033,211 1,038,329 121 TOTAL TRANSFERS OUT 959,500$ 998,415 998,097 1,003,039 1,008,005 1,012,996 1,018,012 1,023,053 1,028,120 1,033,211 1,038,329 122 TOTAL CASH OUTFLOWS 11,473,230$ 11,714,133 12,022,104 12,354,212 12,681,083 13,029,469 13,400,516 13,782,707 14,203,795 14,632,476 15,081,011 (1) FY 2017 is based upon the budgeted debt service payments. Each year thereafter is based upon amortization schedules provided by City staff. Stantec 5/2/2017 City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan FAMS - Control Panel Schedule 6 Stantec 5/2/2017 Note: Current Plan (blue bars) reflects the proposed rate plan of the FY 2017 Revenue Sufficiency Analysis (RSA) results and Last Plan (green bars) reflects the plan from the prior study in FY 2015. Clearwater FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 ← Override ►0.00%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%FY 2022 FY 2027 Stormwater Rate Plan 0.00%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%2.41%5.03% Last Plan 1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%0.00%0.00%0.00%0.00% Senior DSC 4.20 4.24 4.23 4.11 4.03 3.93 3.80 3.68 3.51 3.35 3.17 NNC?N 3.88 3.82 3.74 3.68 3.65 3.60 3.49 3.42 2.88 0.00 0.00 NNC $17 PILOT 5.5% $14.51 $14.58 $14.65 $14.72 $14.79 $14.86 $14.93 $15.00 $15.08 $15.16 $15.24 Grants?N Last Plan $14.51 $14.69 $14.87 $15.06 $15.25 $15.44 $15.63 $15.83 $16.03 $0.00 $0.00 Check - FINANCIAL ANALYSIS AND MANAGEMENT SYSTEM (FAMS) SUMMARY Cumulative Change Residential Bill SAVECALCROLL $0M $5M $10M $15M $20M $25M $30M $35M 16 17 18 19 20 21 22 23 24 25 26 27 Revenue Fund Current Plan Last Plan Target $0M $5M $10M $15M $20M $25M $30M $35M 17 18 19 20 21 22 23 24 25 26 27 CIP Spending Current Plan Last Plan $0M $5M $10M $15M $20M $25M $30M 17 18 19 20 21 22 23 24 25 26 27 CIP Funding Debt Operating $0M $5M $10M $15M $20M $25M $30M $35M 17 18 19 20 21 22 23 24 25 26 27 Rev vs. Exp Cash Out Excl. CIP Cash In Cash Out $0M $5M $10M $15M $20M $25M $30M $35M 17 18 19 20 21 22 23 24 25 26 27 Long-Term Borrowing Current Plan Last Plan City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Forecast of Net Revenues and Debt Service Coverage Schedule 7 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1 Total Rate Revenue 2 Base Rate Revenue 17,969,237$ 17,969,237 18,059,083 18,149,378 18,240,125 18,331,326 18,422,983 18,515,097 18,607,673 18,700,711 18,794,215 3 Additional Revenue From Growth -$ - - - - - - - - - - 4 Other Revenue Adjustments -$ - - - - - - - - - - 5 Subtotal: Base Revenue With Growth 17,969,237$ 17,969,237 18,059,083 18,149,378 18,240,125 18,331,326 18,422,983 18,515,097 18,607,673 18,700,711 18,794,215 6 Weighted Average Rate Increase 0.00%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50%0.50% 7 Additional Rate Revenue From Rate Increase -$ 89,846 90,295 90,747 91,201 91,657 92,115 92,575 93,038 93,504 93,971 8 Price Elasticity Adjustment -$ - - - - - - - - - - 9 Total Rate Revenue 17,969,237$ 18,059,083 18,149,378 18,240,125 18,331,326 18,422,983 18,515,097 18,607,673 18,700,711 18,794,215 18,888,186 10 Plus: Other Operating Revenue 183,762$ 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 177,990 11 EQUALS: TOTAL OPERATING REVENUE 18,152,999$ 18,237,073 18,327,368 18,418,115 18,509,316 18,600,973 18,693,087 18,785,663 18,878,701 18,972,205 19,066,176 12 Less: Operating Expenses 13 Personal Services (3,318,660)$ (3,478,201) (3,602,493) (3,733,252) (3,870,943) (4,016,068) (4,169,174) (4,330,850) (4,501,738) (4,682,534) (4,873,993) 13 Operations & Maintenance Costs (4,502,100)$ (4,671,609) (4,848,622) (5,033,507) (5,226,650) (5,428,460) (5,639,367) (5,859,824) (6,090,310) (6,331,331) (6,583,419) 15 EQUALS: NET OPERATING INCOME 10,332,239$ 10,087,263$ 9,876,254$ 9,651,356$ 9,411,723$ 9,156,444$ 8,884,547$ 8,594,989$ 8,286,653$ 7,958,340$ 7,608,764$ 16 Plus: Non-Operating Income/(Expense) 17 Interest Income 463,267$ 681,828 886,977 865,390 858,029 831,183 791,392 739,596 672,579 589,250 488,700 18 Transfers In 2,321,079$ 1,610,770 1,532,143 417,857 - - - - - - - 19 Equals: Net Income 13,116,584$ 12,379,861 12,295,373 10,934,604 10,269,751 9,987,627 9,675,939 9,334,585 8,959,232 8,547,590 8,097,464 20 Less: Revenues Excluded From Coverage Test 21 Transfers In (2,321,079)$ (1,610,770) (1,532,143) (417,857) - - - - - - - 22 Equals: Net Income Available For Debt Service 10,795,506$ 10,769,091 10,763,230 10,516,747 10,269,751 9,987,627 9,675,939 9,334,585 8,959,232 8,547,590 8,097,464 23 Existing And New Debt Service For Coverage Test 24 Existing Debt Service 2,569,710$ 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 2,554,802 2,553,909 25 Total Conventional Debt Service Target 2,569,710$ 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 2,554,802 2,553,909 25 Calculated Debt Service Coverage 1.15 4.20 4.24 4.23 4.11 4.03 3.93 3.80 3.68 3.51 3.35 3.17 26 Calculated Debt Service Coverage 1.15 4.20 4.24 4.23 4.11 4.03 3.93 3.80 3.68 3.51 3.35 3.17 27 Prior Year Net Income Available for DS 10,795,506$ 10,849,483 10,822,937 10,817,047 10,569,331 10,321,100 10,037,565 9,724,318 9,381,258 9,004,028 8,590,327 28 Maximum Debt Service of Outstanding Debt 2,569,710$ 2,569,710 2,568,762 2,568,762 2,568,762 2,568,762 2,568,762 2,568,762 2,568,762 2,568,762 2,568,762 29 Calculated Debt Service Coverage 1.20 4.20$ 4.22$ 4.21$ 4.21$ 4.11$ 4.02$ 3.91$ 3.79$ 3.65$ 3.51$ 3.34$ 30 Cash Flow Test 31 Net Income Available For Debt Service 10,795,506$ 10,769,091 10,763,230 10,516,747 10,269,751 9,987,627 9,675,939 9,334,585 8,959,232 8,547,590 8,097,464 32 Net Interfund Transfers (In - Out)1,361,579$ 612,355 534,045 (585,182) (1,008,005) (1,012,996) (1,018,012) (1,023,053) (1,028,120) (1,033,211) (1,038,329) 33 Net Debt Service Payment (2,668,470)$ (2,540,796) (2,547,151) (2,558,031) (2,548,441) (2,544,224) (2,545,550) (2,539,857) (2,553,776) (2,554,802) (2,553,909) 34 Capital Outlay (24,500)$ (25,113) (25,740) (26,384) (27,043) (27,720) (28,412) (29,123) (29,851) (30,597) (31,362) 36 Net Cash Flow 9,464,114$ 8,815,538 8,724,385 7,347,151 6,686,262 6,402,687 6,083,964 5,742,551 5,347,485 4,928,979 4,473,865 37 Unrestricted Reserve Fund Test 38 Balance At Beginning Of Fiscal Year 33,014,370$ 26,003,932 28,445,250 30,021,284 29,569,025 28,740,247 27,393,933 25,495,797 23,016,849 19,897,134 16,106,912 39 Cash Flow Surplus/(Deficit)9,464,114$ 8,815,538 8,724,385 7,347,151 6,686,262 6,402,687 6,083,964 5,742,551 5,347,485 4,928,979 4,473,865 40 Projects Paid With Reserve Funds (Non Specified Funds)(16,474,553)$ (6,374,220) (7,148,350) (7,799,410) (7,515,040) (7,749,000) (7,982,100) (8,221,500) (8,467,200) (8,719,200) (8,977,500) 41 Balance At End Of Fiscal Year 26,003,932$ 28,445,250 30,021,284 29,569,025 28,740,247 27,393,933 25,495,797 23,016,849 19,897,134 16,106,912 11,603,278 42 Minimum Working Capital Reserve Target 6 Mos *3,910,380$ 4,074,905 4,225,557 4,383,379 4,548,797 4,722,264 4,904,270 5,095,337 5,296,024 5,506,932 5,728,706 43 Excess/(Deficiency) Of Working Capital To Target 22,093,552$ 24,370,345 25,795,727 25,185,645 24,191,450 22,671,669 20,591,527 17,921,512 14,601,109 10,599,980 5,874,572 Stantec 5/2/2017 City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Capital Project Funding Summary Schedule 8 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 04 BOND DS/REQ FUND 230/244 -$ - - - - - - - - - - 05 BOND DS FUND 277 -$ - - - - - - - - - - 12 BOND DS FUND 281 -$ - - - - - - - - - - 13 BOND DS FUND 282 -$ - - - - - - - - - - CAPITAL IMPR FUND 315 -$ - - - - - - - - - - RENEWAL & REPLACEMENT -$ - - - - - - - - - - COMMERCIAL PAPER PROCEEDS -$ - - - - - - - - - - SRF LOANS -$ - - - - - - - - - - REVENUE FUND 16,474,553$ 6,374,220 7,148,350 7,799,410 7,515,040 7,749,000 7,982,100 8,221,500 8,467,200 8,719,200 8,977,500 SUBORDINATE DEBT PROCEEDS -$ - - - - - - - - - - DEBT PROCEEDS -$ - - - - - - - - - - PROJECTS DESIGNATED TO BE PAID WITH CASH -$ - - - - - - - - - - TOTAL PROJECTED CAPITAL SPENDING 16,474,553$ 6,374,220 7,148,350 7,799,410 7,515,040 7,749,000 7,982,100 8,221,500 8,467,200 8,719,200 8,977,500 City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Schedule 9 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Sources of Funds Par Amount -$ - - - - - - - - - - Uses of Funds Proceeds -$ - - - - - - - - - - Cost of Issuance 1.50%of Par -$ - - - - - - - - - - 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 -$ - - - - - - - - - - Other Costs -$ - - - - - - - - - - Total Uses -$ - - - - - - - - - - 1 Year Interest Annual Debt Service Total Debt Service Required Proceeds for Capital Funding Interim Financing Interest Rate 2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Utilize Interim Financing?N Y N Y N Y N Y N Y N Proceeds Interest Payments End of Year Balance Proceeds to be Bond-Funded Cumulative New Annual Debt Service (1) (1) It is assumed that all debt is issued mid-fiscal year, resulting in interest-only payments in the year of issuance. Stantec 5/2/2017 Long-Term Borrowing Projections City of Clearwater - Stormwater Rate Study Prepared by Stantec - 5/2/2017 Financial Management Plan Funding Summary by Fund Schedule 10 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1 REVENUE FUND 2 Balance At Beginning Of Fiscal Year 33,014,370$ 26,003,932 28,445,250 30,021,284 29,569,025 28,740,247 27,393,933 25,495,797 23,016,849 19,897,134 16,106,912 3 Additional Annual Revenues 9,464,114$ 8,815,538 8,724,385 7,347,151 6,686,262 6,402,687 6,083,964 5,742,551 5,347,485 4,928,979 4,473,865 4 Less: Cash-Funded Capital Projects -$ - - - - - - - - - - 5 Less: Payment Of Debt Service -$ - - - - - - - - - - 6 Subtotal 42,478,484$ 34,819,470 37,169,634 37,368,435 36,255,287 35,142,933 33,477,897 31,238,349 28,364,334 24,826,112 20,580,778 7 Less: Restricted Funds (3,910,380)$ (4,074,905) (4,225,557) (4,383,379) (4,548,797) (4,722,264) (4,904,270) (5,095,337) (5,296,024) (5,506,932) (5,728,706) 8 Total Amount Available For Projects 38,568,104$ 30,744,565 32,944,077 32,985,055 31,706,490 30,420,669 28,573,627 26,143,012 23,068,309 19,319,180 14,852,072 9 Amount Paid For Projects (16,474,553)$ (6,374,220) (7,148,350) (7,799,410) (7,515,040) (7,749,000) (7,982,100) (8,221,500) (8,467,200) (8,719,200) (8,977,500) 10 Subtotal 22,093,552$ 24,370,345 25,795,727 25,185,645 24,191,450 22,671,669 20,591,527 17,921,512 14,601,109 10,599,980 5,874,572 11 Add Back: Restricted Funds 3,910,380$ 4,074,905 4,225,557 4,383,379 4,548,797 4,722,264 4,904,270 5,095,337 5,296,024 5,506,932 5,728,706 12 Plus: Interest Earnings 442,637$ 544,492 730,832 744,879 728,866 701,677 661,122 606,408 536,425 450,051 346,377 13 Less: Interest Allocated To Cash Flow (442,637)$ (544,492) (730,832) (744,879) (728,866) (701,677) (661,122) (606,408) (536,425) (450,051) (346,377) 14 Balance At End Of Fiscal Year 26,003,932$ 28,445,250 30,021,284 29,569,025 28,740,247 27,393,933 25,495,797 23,016,849 19,897,134 16,106,912 11,603,278 15 RESTRICTED RESERVES 16 Balance At Beginning Of Fiscal Year 1,375,312$ 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 17 Additional Funds:-$ - - - - - - - - - - 18 Debt Service Reserve On New Debt -$ - - - - - - - - - - 19 Other Additional Funds -$ - - - - - - - - - - 20 Subtotal 1,375,312$ 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 21 Plus: Interest Earnings 20,630$ 27,506 34,383 34,383 34,383 34,383 34,383 34,383 34,383 34,383 34,383 22 Less: Interest Allocated To Cash Flow (20,630)$ (27,506) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) 23 Balance At End Of Fiscal Year 1,375,312$ 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 1,375,312 Stantec 5/2/2017 Andrew J. Burnham Vice President, Stantec Elliot Shoberg, P.E. City of ClearwaterCity Council ~ July 31, 2017 2 Key Points & Recommendation Background: Last rate study was performed in 2015 and established 1.25% plan of annual rate increases thru FY20 Key points: Fund balances have come in higher than projected: 1.Higher grant receipts than projected 2.Stormwater fee revenues above projections 3.Savings in operating expense items (i.e. Admins Charges, Other Services and personnel expenses) Staff Recommendation: Reduce annual rate increases to 0.5% 3 *Blue bars reflect results of current study; green bars reflect results of last study (2015) 4 Survey of Local Communities Notes on Survey 5 Projected FY 2018 Rate Revenue Adjustments: (1) Rate adjustments not currently available. Survey reflects no rate adjustments. (2) Reflects potential 52.63% rate increase (from $57 annual assessment to $87 annual assessment) per recent workshop. (3) Rate adjustments not currently available. Survey reflects no rate adjustments. (4) Rate adjustments not currently available. Survey reflects no rate adjustments. (5) Reflects 7.52% rate increase (from $6.65 to $7.15). (6) Reflects 17.65% rate increase (from $8.50 to $10.00). (9) Reflects 4.50% rate increase (from $10.62 to $11.10). (11) Per recent rate study, reflects 9.11% rate increase (from $11.38 to $12.42). (12) Per current rate analysis, reflects 0.5% rate increase (from $14.51 to $14.58). (7) Per current rate study, reflects 5.56% rate increase (from $9.00 to $9.50). Final recommended rate adjustments may differ from those presented herein. (8) Rate adjustments not currently available. Survey reflects no rate adjustments. (10) Survey reflects 4.41% increase, representing an 11.3% increase to the capital improvement component and 0.0% increase to the stormwater services component of the Stormwater Assessment. 11.3% relfects an annualized increase to bring the capital improvement components to its maximum fee of $89.55 by 2022. Andrew J. Burnham Vice President, Stantec Elliot Shoberg, P.E. City of ClearwaterCity Council ~ July 31, 2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9064-17 2nd rdg Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9064-17 on second reading, vacating the 10 food drainage and utility easement along the east line of Lot 11 of Countryside Tract 56, Unit 1, as recorded in Plat Book 80, Pages 33, 34, and 35. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 ORDINANCE NO. 9064-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EAST LINE OF LOT 11 OF COUNTRYSIDE TRACT 56, UNIT 1 PLAT BOOK 80, PAGE 33, 34, AND 35; 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 vacation described as follows: See Exhibit A 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. 1 Ord. No. 9064-17 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 2 Ord. No. 9064-17 Legal Description: A Drainage and Utility Easement vacation described as follows: Vacate a 10' platted drainage and utility easement lying on the west 10' of Lot 11 as described in the plat titled "Countryside -Track 56-Unit I" as recorded in Plat book 80, Page 34, of the Public Records of Pinellas County, FL. Lot 53 Lot 12 Lot 11 Lot 10 Lot 54 MASTERS DR HYDE PARK DR MEADOW WOOD DR COUNTRYSIDE BLVD FAIR GREEN DR SANDY RIDGE DR ALLAPATTAH DR ATWOOD DR FERNCLIFF LN M O N T R O S E L N INVERRARY LN HY D E PA R K C T DUNWOODY CT LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.189 B 20-28s-16e06/29/2017Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: PR OPOSED EASEMENT VACATION3287 HYDE PARK DR Path: V:\GIS\Engine ering\Lo cation Ma ps\Hyde Park Dr Ea sement Vacation.mxd EASEMENTVACATION COUNTRYSIDECOUNTRY CLUBCOUNTRYSIDECOUNTRY CLUB Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9065-17 2nd rdg Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9065-17 on second reading, vacating the west 7 feet of a 10 foot utility easement along the east line of Lot 49 of Forest Wood Estates, as recorded in Plat Book 69, Page 17. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 ORDINANCE NO. 9065-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST 7 FEET OF A 10 FOOT UTILITY EASEMENT ALONG THE EAST LINE OF LOT 49 OF FOREST WOOD ESTATES PLAT BOOK 69, PAGE 17; 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: A partial easement vacation described as follows: See Exhibit A 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. 1 Ord. No. 9065-17 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 2 Ord. No. 9065-17 Lot 50 Lot 49 Lot 48 Lot 51 Lot 52 Forest Wood Estates Plat Book 69, Page 17 Legal Description: A Utility Easement vacation described as follows: The west 7' of the 10' platted utility easement of Lot 49 as described in the plat titled "Forest Wood Estates" as recorded in Plat book 69, Page 17, of the Public Records of Pinellas County, FL. SUNSET POINT RD N McMULLEN BOOTH RD ST. CROIX DR OAK FOREST DR WSARAH DR FOREST WOOD DR OAK FOREST DR SLAWRENCE DR CR 1 93 OAK FOREST DR N CASTLE WOODS DR OAK FOREST DR ECASTLE WOODS LN LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.265 A 04-29s-16e06/29/2017Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: PR OPOSED EASEMENT VACATION1827 OAK FOREST DR W Path: V:\GIS\Engine ering\Lo cation Ma ps\Oak Forest Dr Easement Va cation.mxd EASEMENTVACATION Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9054-17 2nd rdg cont'd Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Continue to September 7, 2017: second reading of Ordinance 9054-17, amending the rates for domestic water, lawn water, reclaimed water and wastewater collection. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 ORDINANCE NO. 9054-17 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, 20167 October 1, 20178 October 1, 20189 October 1, 201920 October 1, 20201 Under 1-inch: 20.16 20.91 21.69 22.50 23.34 21.42 22.29 23.16 24.09 25.05 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 Base service charge with allowance up to 3,000 gallons Plus, from 3,001 to 9,000 gallons, per 1,000 gallons Plus, from 9,001 gallons up, per 1,000 gallons Ord. No.9054-17 Page 1 47.04 48.79 50.61 52.50 54.46 49.98 52.01 54.04 56.21 58.45 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 672.00 697.00 723.00 750.00 778.00 714.00 743.00 772.00 803.00 835.00 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 1,565.76 1,624.01 1,684.59 1,747.50 1,812.74 1,663.62 1,731.19 1,798.76 1,870.99 1,945.55 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 Plus, from 343,001 gallons, per 1,000 gallons 1-inch: Base service charge with allowance up to 7,000 gallons Plus, from 7,001 to 40,000 gallons, per 1,000 gallons Plus, from 40,001 gallons up, per 1,000 gallons 1½-inch: Base service charge with allowance up to 100,000 gallons Plus, from 100,001 to 140,000 gallons, per 1,000 gallons Plus, from 140,001 gallons, per 1,000 gallons 2-inch: Base service charge with allowance up to 233,000 gallons Plus, from 233,001 to 343,000 gallons, per 1,000 gallons Ord. No.9054-17 Page 2 2,412.48 2,502.23 2,595.57 2,692.50 2,793.02 2,563.26 2,667.37 2,771.48 2,882.77 2,997.65 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 4,643.52 4,816.27 4,995.93 5,182.50 5,375.98 4,933.74 5,134.13 5,334.52 5,548.73 5,769.85 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 11,928.00 12,371.75 12,833.25 13,312.50 13,809.50 12,673.50 13,188.25 13,703.00 14,253.25 14,821.25 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 3-inch or 2-inch in manifold: Base service charge with allowance up to 359,000 gallons 6-inch: Base service charge with allowance up to 1,775,000 gallons Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons Plus, from 2,025,001 gallons, per 1,000 gallons Plus, from 359,001 to 474,000 gallons, per 1,000 gallons Plus, from 474,001 gallons, per 1,000 gallons 4-inch: Base service charge with allowance up to 691,000 gallons Plus, from 691,001 to 979,000 gallons, per 1,000 gallons Plus, from 979,001 gallons, per 1,000 gallons Ord. No.9054-17 Page 3 20,160.00 20,910.00 21,690.00 22,500.00 23,340.00 21,420.00 22,290.00 23,160.00 24,090.00 25,050.00 8.17 8.47 8.79 9.12 9.46 8.68 9.03 9.39 9.76 10.16 10.30 10.69 11.09 11.51 11.94 10.94 11.38 11.84 12.31 12.80 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons Plus, from 3,413,001 gallons, per 1,000 gallons 8-inch: Base service charge with allowance up to 3,000,000 gallons 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 October 1, 20167 October 1, 20178 October 1, 20189 October 1, 201920 October 1, 20201 Under 1-inch: $7.19 $7.46 $7.74 $8.03 $8.33 $7.64 $7.94 $8.26 $8.59 $8.94 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 21.58 22.39 23.23 24.10 25.00 22.93 23.85 24.80 25.79 26.82 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 1-inch: Base service charge, with no usage allowance Plus, up to 7,000 gallons, per 1,000 gallons Plus, from 7,001 gallons, per 1,000 gallons Base service, with no usage allowance Plus, up to 2,000 gallons, per 1,000 gallons Plus, from 2,001 gallons, per 1,000 gallons Ord. No.9054-17 Page 4 107.97 112.02 116.22 120.58 125.10 114.72 119.31 124.08 129.04 134.20 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 302.32 313.65 325.42 337.62 350.28 321.22 334.06 347.43 361.32 375.78 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 597.42 619.83 643.07 667.19 692.21 634.76 660.15 686.56 714.02 742.58 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 Plus, from 100,001 gallons, per 1,000 gallons Plus, up to 40,000 gallons, per 1,000 gallons Plus, from 40,001 gallons, per 1,000 gallons 3-inch or two 2-inch in manifold: Base service charge, with no usage allowance Plus, up to 100,000 gallons, per 1,000 gallons Base service charge, with no usage allowance Plus, up to 9,000 gallons, per 1,000 gallons Plus, from 9,001 gallons, per 1,000 gallons 2-inch: Base service charge, with no usage allowance 1½-inch: Ord. No.9054-17 Page 5 1,151.67 1,194.85 1,239.66 1,286.15 1,334.38 1,223.65 1,272.60 1,323.50 1,376.44 1,431.50 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 3,476.61 3,606.98 3,742.25 3,882.58 4,028.18 3,693.90 3,841.65 3,995.32 4,155.13 4,321.34 8.75 9.07 9.41 9.77 10.13 9.30 9.67 10.06 10.46 10.88 12.06 12.51 12.98 13.46 13.97 12.81 13.33 13.86 14.41 14.99 6-inch: Base service charge, with no usage allowance Plus, up to 359,000 gallons, per 1,000 gallons Plus, from 359,001 gallons, per 1,000 gallons 4-inch: Base service charge, with no usage allowance Plus, up to 233,000 gallons, per 1,000 gallons Plus, from 233,001 gallons, per 1,000 gallons * * * * * * * * * * 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: Ord. No.9054-17 Page 6 Base Monthly Charge With or Without Consumption Size of Meter October 1, 20167 October 1, 20178 October 1, 20189 October 1, 201920 October 1, 20201 Allowance (gallons) 27.75 28.80 29.88 31.02 32.16 3,000 29.49 30.66 31.89 33.18 34.50 or less 64.75 67.20 69.72 72.38 75.04 7,000 68.81 71.54 74.41 77.42 80.50 or less 925.00 960.00 996.00 1,034.00 1,072.00 100,000 983.00 1,022.00 1,063.00 1,106.00 1,150.00 or less 2,155.25 2,236.80 2,320.68 2,409.22 2,497.76 233,000 2,290.39 2,381.26 2,476.79 2,576.98 2,679.50 or less 3,320.75 3,446.40 3,575.64 3,712.06 3,848.48 359,000 3,528.97 3,668.98 3,816.17 3,970.54 4,128.50 or less 6,391.75 6,633.60 6,882.36 7,144.94 7,407.52 691,000 6,792.53 7,062.02 7,345.33 7,642.46 7,946.50 or less 16,418.75 17,040.00 17,679.00 18,353.50 19,028.00 1,775,000 17,448.25 18,140.50 18,868.25 19,631.50 20,412.50 or less 27,750.00 28,800.00 29,880.00 31,020.00 32,160.00 3,000,000 29,490.00 30,660.00 31,890.00 33,180.00 34,500.00 or less 9.25 9.60 9.96 10.34 10.72 9.83 10.22 10.63 11.06 11.50 1 ½-inch 1-inch Under 1-inch 4-inch 2-inch 6-inch 8-inch Charge per 1,000 gallons of water used over the allowance 3-inch or two 2-inch manifold Ord. No.9054-17 Page 7 * * * * * * * * * * 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, 20167 October 1, 20178 October 1, 20189 October 1, 201920 October 1, 20201 Single-family, duplex or triplex (per domestic water account), commercial/industr ial or multi-family dwelling and open space 13.83 14.35 14.89 15.44 16.02 14.69 15.28 15.89 16.53 17.19 1.15 1.19 1.24 1.29 1.33 1.22 1.27 1.32 1.37 1.43 Availability charge Usage—Metered per 1,000 gallons used Section 4. This ordinance shall take effect immediately upon adoption. [End of ordinance, signature page to follow.] Ord. No.9054-17 Page 8 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 Ord. No.9054-17 Page 9 Andrew J. Burnham Vice President, Stantec David W. Porter, P.E. City of ClearwaterCity Council ~ July 31, 2017 2 Financial Planning & Rate-Setting History City’s practice - Adopt multi-year rate plans for water, irrigation, sewer and reclaimed Current plan - 3.75% per year thru FY 2021 City conducts annual or bi-annual revenue sufficiency studies for utility enterprise funds Interactive model and decision support Interactive Modeling Process with FAMS-XL© 3 FINANCIAL MASTER PLAN Historical Financial Data Customer & Demand Forecast Capital & Operating Plans Policy Considerations Regulatory Requirements Revenue & Operating Cost Projections Capital Funding Plan Reserves, Debt Coverage Ratios, KPIs Rate Adjustment Requirements Customer Impacts INPUTS OUTPUTS Overview of the Process 4 Key Financial Performance Objectives Balanced Funding of Infrastructure Target: 50/50 mix of debt vs. cash funding Action: Requires increase in annual cash funding of CIP of $1M/yr Maintaining Sufficient Operating Reserves Target: 6 months of operating and maintenance expenses Indicative of strong systems per rating agencies and industry organizations 5 Key Performance Objectives Cont’d Maintaining Sufficient Debt Service Coverage What it is: Net income / annual principal and interest expenses Goal: Net revenues 2 x greater than annual debt service (min. target of at least 1.5 x) Indicative of financially strong utility per rating agencies’ published criteria Key Issue: Increase in Capital Plan Notable Project Increases: $34M – Sanitary sewer upgrades/improvements $28M – Marshall street upgrades/improvements $21M – Water system upgrades/improvements and reverse osmosis #3 6 Past Studies Total CIP 2016 $324.2M 2017 442.6M Increase $118.4M Snapshot of Financial Management Plan: No change to rate plan 7 Snapshot of Financial Management Plan: Adjusted rate plan to meet key targets 8 Measures the national average change in the cost of water and sewer service to households Much more specific and relevant to utilities than overall CPI; 10-year avg. annual increase = 5.7% Comparison to National Trends 9 Tarpon Springs $59.21 St. Petersburg $52.33 Safety Harbor $52.10 Hillsborough County $50.36 Oldsmar $50.23 Pinellas County $50.14 Pasco County $48.57 Gulfport $48.06 Clearwater $47.91 Port Richey $47.90 New Port Richey $42.20 Dunedin $41.13 Zephyrhills $40.03 Tampa $27.27 Combined Water & Sewer Bill Survey at 3,000 Gallons per Month 10 FY 2017 Residential Bill Comparison $47.91 No data available on potential for Oldsmar & Gulfport 11 Projected FY 2018 Bill Comparison (Based upon current available information; actual rates may vary) Tarpon Springs $63.21 St. Petersburg $58.40 Safety Harbor $58.10 Clearwater $50.90 Hillsborough County $50.72 Oldsmar $50.23 Pinellas County $50.14 Pasco County $48.39 Gulfport $48.06 Port Richey $47.90 Dunedin $45.61 New Port Richey $43.89 Zephyrhills $40.03 Tampa $27.27 Combined Water & Sewer Bill Survey at 3,000 Gallons per Month $50.90 12 Summary of Results & Recommendations Due to increase in capital plan, current rate plan does not meet key financial targets 5-yr plan of water, sewer, irrigation, and reclaimed water rate increases (FY18–FY22): FY 2018: 6.25% FY 2019 – FY 2022: 4.00% Achieves key financial objectives Comparable to national and local trends Perform annual revenue sufficiency studies Modify rate plan as needed (up or down) Andrew J. Burnham Vice President, Stantec David W. Porter, P.E. City of ClearwaterCity Council ~ July 31, 2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3780 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Neighborly Care Network Funding Request SUMMARY: At the August 2 special council meeting, Council requested additional information regarding Neighborly Care Network’s funding by other governmental agencies. Neighborly Care Network provided a listing of funding received for the current fiscal year and anticipated funding for the next fiscal year. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 1 Call, Rosemarie From:Jenni White [JWhite@neighborly.org] Sent:Monday, August 07, 2017 11:43 AM To:Call, Rosemarie Cc:Debra Shade; Jenny Caamano Subject:Municipal Requests and Receipts/promises to give Attachments:Clearwater Municipal Requests Tracking.pdf Importance:High Good morning Rosemarie, I’ve attached the document detailing what Neighborly has requested from the different Pinellas County municipalities for the next FY (October 17 – September 18) as well as what we have received during the current FY. Of note, for the current fiscal year, we have a contract with the City of St. Pete, but have not officially received any funds yet. Also, I was told that this was going to be recurring funds, but I do not have anything in hand substantiating that. Since it’s still early in the budgeting process for FY17‐18, we have not heard from any municipality as of yet of a promise to give (other than the hearsay of the City of St. Pete). There are some notes for the current FY, specifically regarding Oldsmar. But again, do not have any definite promises to give for the next FY. If you’d like, if we get any information on a promise to give in the near future from any other municipality, I can update the document and resend to you. Please let me know if you have any further questions. Thanks, Jenni White Grants/Payroll Administrator Neighborly Care Network, Inc. 13945 Evergreen Ave. Clearwater, FL 33762 (727) 456-0222 x4330 FAX (727) 456-0239 www.neighborly.org " Improved Health, Wellness and Independent Living for Individuals and Families" ************************************* CONFIDENTIALITY NOTICE: This e-mail contains legally privileged and confidential information intended only for the individual or entity named within the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply e-mail and delete the original message. ************************************* FY2017 Municipal Requests Tracking (October 1, 2016 - Sept. 30, 2017) Municipality FY 2018 10/1/17 - 9/30/18 Amount Requested Amount Received FY 2017 thru 7/31/17 10/1/16 - 9/30/17 Promises to Give FY18 Notes on Current FY17 Town of Belleair $2,000.00 City of Belleair Beach $2,000.00 $2,000.00 City of Belleair Bluffs $1,500.00 City Clearwater $50,000.00 City of Dunedin $12,150.00 City of Gulfport $10,000.00 City of Indian Rocks Beach $2,500.00 $2,500.00 Town of Indian Shores $500.00 $500.00 Kenneth City $5,000.00 City of Largo $10,000.00 City of Madeira Beach $1,000.00 Town of North Redington Beach $0.00 $500.00 City of Oldsmar $10,000.00 $5,000.00 Promised $10K City of Pinellas Park $10,000.00 Town of Redington Beach $500.00 $500.00 Town of Redington Shores $1,500.00 $1,500.00 City of Safety Harbor $15,000.00 $15,000.00 City of Seminole $10,000.00 $3,000.00 City of St. Pete Beach $8,000.00 $8,000.00 City of St. Petersburg $50,000.00 $50K Possible future contract Contract for $50K City of South Pasadena $10,000.00 $1,000.00 City of Tarpon Springs $10,000.00 $0.00 $0.00 Letter stating no support City of Treasure Island $5,000.00 TOTALS $226,650.00 $39,500.00 8/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3781 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Car Thefts SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3736 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: August Service Awards SUMMARY: 5 Years of Service: Thomas King Engineering/Parking Jennifer Lozano Library John Ryder Solid Waste Christopher Fischer Engineering/Traffic Jacques Dixon Planning and Development Ronald Neuberger Fire Howard Johnson Marine and Aviation Jerry Dilley General Services/Fleet Phillip Horne Public Utilities Greg Cornella Gas Elizabeth Bayly Engineering Ralph Saraceno Planning and Development 10 Years of Service: Emily Laurenti Public Utilities Kattrina Miller Solid Waste Clinton Reeves Public Utilities Joseph Tincher Public Utilities Raymond Roby Fire 15 Years of Service: Todd Vaughan Parks and Recreation Jason Herman Information Technology 20 Years of Service: Robert Carpenter Parks and Recreation James Jackson Parks and Recreation Timothy Keene Public Utilities Page 1 City of Clearwater Printed on 8/14/2017 File Number: ID#17-3736 25 Years of Service: Julie Hudson Library Page 2 City of Clearwater Printed on 8/14/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3753 Agenda Date: 8/14/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.2 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 8/14/2017