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09/07/2017Thursday, September 7, 2017 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda September 7, 2017City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to sixty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and other electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 CareFest Day Proclamation - Pastor Carlton Childs and Pastor Nick Champlin (Somebody Cares Tampa Bay) 4.2 Heart Gallery of Pinellas & Pasco - Jen Nance, Executive Director 4.3 National Day of Service and Remembrance Proclamation 4.4 Sister Cities Presentation 4.5 Hurricane Irma Update - Fire Chief Ehlers 4.6 Customer Service Survey Results - Joelle Castelli, Public Communications Director 5. Approval of Minutes 5.1 Approve the minutes of the August 16, 2017 City Council Meeting and the August 2, 2017 Special City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the Amended and Restated Clearwater Business SPARK Memorandum of Understanding (MOU), and delegate to the City Manager or his designee, authority to administer, evaluate, market, seek funding for the program, and adapt objectives, services, partners and facilities by amendment to the MOU, as may be identified for success of the program from time to time, and authorize the appropriate officials to execute same. (consent) 7.2 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2014-2015 and interim years 2015-2016 and 2016-2017 and authorize the appropriate officials to execute same. (consent) 7.3 Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2017 through September 30, 2018 at an amount not to exceed $760,000, and authorize the appropriate officials to execute same. (consent) 7.4 Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a self-insured funding arrangement for the period January 1, 2018 through December 31, 2018, at a total not-to-exceed $21.6 million, to be funded by city budgeted funds, payroll deductions of employee and retiree premiums, and Central Insurance Fund reserves; approve the use of not-to-exceed $660,000 of Central Insurance Fund reserves for fiscal 2018. (consent) 7.5 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, approve a first quarter budget amendment of $372,645 in special program 181-99872, Coordinated Child Care Ross Norton, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $1,585,500 for the renovation of the West Multipurpose fields and lighting at Joe DiMaggio Sports Complex and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 7.7 Approve Equestrian Patrol Equine User Agreement among the City of Clearwater (City), Nancy Miller and Deborah Storey (owners) for the use of the two horses for a period of three years and authorize the appropriate officials to execute same. (consent) 7.8 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2017-2018 in the amount of $174,928.74.34 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the East Gateway District, Town Lake District, and Downtown Core District, encompassed by the CRA (Community Redevelopment Area) to address quality of life issues, drug dealing, prostitution, and homelessness, and authorize the appropriate officials to execute same. (consent) 7.9 Award a construction contract to Steve’s Excavating and Paving of Dunedin, FL, in the amount of $551,170.00 for Corona Avenue Sanitary Sewer Improvements project (15-0034-UT), which is the lowest responsible bid received; approve Supplemental Work Order 2 from Engineer of Record (EOR) AECOM, in the amount of $23,550.00 and authorize the appropriate officials to execute same. (consent) 7.10 Approve Amendment 1 to Clearwater Beach Route Funding Agreement between Pinellas Suncoast Transit Authority (PSTA) and the City in the amount of $217,263 and authorize the appropriate officials to execute same. (consent) 7.11 Approve the second amendment to Florida Department of Environmental Protection (DEP) Agreement LP52090 for the Kapok Terrace Sanitary Sewer Expansion Project increasing funding by $250,000 and extending the expiration date through June 30, 2019 and authorize the appropriate officials to execute same. (consent) 7.12 Award a contract (Purchase Order) in the amount of $ 1,284,909.00 to Pierce Manufacturing Inc. of Appleton, WI for one 2017 Heavy Duty Pierce Velocity Ascendant Tiller, per spec 626, in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate officials to execute same. (consent) 7.13 Approve the Cloud Hosting Addendum and the Kronos Addendum to the licensing agreement for software applications, equipment and related services between Kronos Inc in Chelmsford, MA and the City of Clearwater and the Fire and Rescue Department to utilize additional services as outlined in the agreements, and authorize the Fire Chief to execute same. (consent) 7.14 Approve an agreement between Pinellas County and City of Clearwater to provide Emergency Medical Services ALS First Responder services to the Clearwater Fire District, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 7.15 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2017-2018 in the amount of $97,890 to underwrite activities in the Clearwater Main Library that support community learning in the areas of Science, Technology, Engineering and Math, Entrepreneurship and small business growth and development pursuant to the recommendations of the Urban Land Institute report on economic enhancement of the downtown Clearwater area and authorize the appropriate officials to execute same. (consent) 7.16 Approve a Purchase Order (contract) with John Mader Enterprises, Inc. of North Fort Myers, FL, in the annual amount of $300,000.00 with the option for two, one-year term extensions for services to repair, replace or supply utility plant equipment intended for normal operating activities, and authorize the appropriate officials to execute same. (consent) 7.17 Approve a Purchase Order (contract) with United Rentals of Tampa, FL, in the annual amount of $150,000.00 with the option for two, one-year term extensions for rental equipment intended for normal operating activities and authorize the appropriate officials to execute same. (consent) 7.18 Approve an increase in funding level of Purchase Order BR512116 with United Rentals of Tampa, FL, in the amount of $400,000, increasing the total to $2,500,000 for the rental of equipment and related services utilized for bypass pumping of influent flow at the Marshall Street WRF and authorize the appropriate officials to execute same. (consent) 7.19 Approve a Purchase Order (Contract) with Rexel of Pinellas Park, FL, in the amount of $184,400.10 for Programmable Logic Controller (PLC) Upgrades at the Northeast Water Reclamation Facility and authorize the appropriate officials to execute same. (consent) 7.20 Approve an annual contract (blanket purchase order) with Wastequip, LLC, Statesville, NC, in the amount of $175,000 for the purchase of compactors and compactor parts and authorize the appropriate officials to execute same. (consent) 7.21 Approve a Contract (Purchase Order) renewal to Communications International of Vero Beach, FL, in the amount of $104,066.00 for the maintenance and repair of the city-wide two-way radio communication system and equipment in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate officials to execute same. (consent) 7.22 Appoint Leann DuPont and Jared Leone to the Environmental Advisory Board with terms to expire September 30, 2021. (consent) 7.23 Reappoint Jeffery W. Smith and Sahar Daher to the Clearwater Housing Authority Board with terms to expire September 30, 2021. (consent) Page 5 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 7.24 Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide staffing, Information Technology services and telephone services for the CRA, provide for the reimbursement of certain expenses by the CRA to the City, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Set final millage rate of 5.1550 mills for fiscal year 2017/18 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9075-17 on first reading. 8.2 Approve the City of Clearwater Annual Operating Budget for the 2017/18 fiscal year and pass Ordinance 9076-17 on first reading. 8.3 Adopt the Fiscal Year 2017/18 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 9077-17 on first reading. 8.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2017/18 through 2019/20. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9054-17 on second reading, amending the rates for domestic water, lawn water, reclaimed water and wastewater collection. 9.2 Continue to November 16, 2017 second reading of Ordinance 9055-17, annexing certain real property 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 addition. Page 6 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 9.3 Continue to November 16, 2017, second reading of Ordinance 9056-17, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1715 Lakeview Road, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). 9.4 Continue to November 16, 2017, second reading of Ordinance 9057-17, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1715 Lakeview Road, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.5 Continue to November 16, 2017 second reading of Ordinance 9058-17, annexing certain real properties 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 addition. 9.6 Continue to November 16, 2017, second reading of Ordinance 9059-17, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties 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). 9.7 Continue to November 16, 2017, second reading of Ordinance 9060-17, amending the Zoning Atlas of the city by zoning certain real properties 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). 11. City Manager Reports 11.1 Authorize the negotiated sale of not to exceed $30,000,000 Water and Sewer Revenue Refunding Bond, Series 2017B and adopt Resolution 17-28. 11.2 Accept Ordinance 2017-03, an Interlocal Agreement/Franchise with the City of Belleair Bluffs, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair Bluffs and adopt Resolution 17-29 Page 7 City of Clearwater Printed on 9/7/2017 September 7, 2017City Council Meeting Agenda 11.3 Approve a Contract (Purchase Order) with AshBritt, Inc. of Deerfield Beach, FL, for post-disaster debris collection and removal, approve the Interlocal Agreement (ILA) with Pinellas County for post-disaster debris monitoring, and authorize the appropriate officials to execute same. 11.4 Confirm the Declaration of a State of Emergency due to conditions surrounding Hurricane Irma and adopt Resolution 17-32. 12. City Attorney Reports 14. Closing comments by Councilmembers (limited to 3 minutes) 15. Closing Comments by Mayor 16. Adjourn Page 8 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3798 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: CareFest Day Proclamation - Pastor Carlton Childs and Pastor Nick Champlin (Somebody Cares Tampa Bay) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3799 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Heart Gallery of Pinellas & Pasco - Jen Nance, Executive Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3828 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: National Day of Service and Remembrance Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3852 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Sister Cities Presentation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3862 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Hurricane Irma Update - Fire Chief Ehlers SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3800 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Public Communications Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Customer Service Survey Results - Joelle Castelli, Public Communications Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Trends over Time 2017 1 Summary The National Citizen Survey™ (The NCS™) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. The NCS captures residents’ opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). This report discusses trends over time, comparing the 2017 ratings for the City of Clearwater to its previous survey results in 2008 and 2014. Additional reports and technical appendices are available under separate cover. Trend data for Clearwater represent important comparison data and should be examined for improvements or declines. Deviations from stable trends over time, especially, represent opportunities for understanding how local policies, programs or public information may have affected residents’ opinions. Meaningful differences between survey years have been noted within the following tables as being “higher” or “lower” if the differences are greater than six percentage points between the 2014 and 2017 surveys, otherwise the comparison between 2014 and 2017 are noted as being “similar.” Additionally, national benchmark comparisons for all survey years are presented for reference. Changes in the benchmark comparison over time can be impacted by various trends, including varying survey cycles for the individual communities that comprise the benchmarks, regional and national economic or other events, as well as emerging survey methodologies. Overall, ratings in Clearwater for 2017 generally remained stable. Of the 124 items for which comparisons were available, 101 items were rated similarly in 2014 and 2017, nine items showed a decrease in ratings and 14 showed an increase in ratings. Notable trends over time included the following: • Within the pillars of Community Characteristics and Governance, four increases in 2017 were concentrated in the area of Economy: overall economic health, employment opportunities, Clearwater as a place to work and economic development. No Economy measures were rated lower in 2017 than in 2014. • Changes for Built Environment included two increases and four decreases in positive assessments between the two survey administrations. Residents’ ratings for utility billing and code enforcement services trended upward since 2014, while participants were more critical of the availability of affordable quality housing, storm drainage, power utility and cable television in 2017. • Other decreases over time included availability of mental health care and yard waste pick-up. Conversely, residents’ were more satisfied with their neighborhoods as places to live, K-12 education, fire prevention, street cleaning and public information services in 2017 than in 2014. • Overall, rates of Participation were similar across the two most recent survey iterations. However, there were a few notable differences. In 2017, more residents were optimistic about the impact the economy would have on their incomes, had reached out to Clearwater employees and were less likely to have observed a code violation (which coincides with the increase in evaluations of code enforcement) than in 2014. Meanwhile, fewer Clearwater participants had stocked supplies, used public libraries or watched a local public meeting in 2017 compared to 2014. The National Citizen Survey™ 2 Table 1: Community Characteristics General Percent rating positively (e.g., excellent/good) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Overall quality of life 75% 78% 84% Similar Similar Similar Similar Overall image 67% 72% 69% Similar Similar Similar Similar Place to live 83% 85% 90% Similar Similar Similar Similar Neighborhood 76% 74% 80% Higher Similar Similar Similar Place to raise children 60% 68% 71% Similar Much lower Similar Similar Place to retire 67% 75% 81% Similar Higher Similar Higher Overall appearance 67% 72% 75% Similar Similar Similar Similar Table 2: Community Characteristics by Facet Percent rating positively (e.g., excellent/good, very/somewhat safe) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Safety Overall feeling of safety NA 69% 71% Similar NA Similar Similar Safe in neighborhood 92% 90% 91% Similar Similar Similar Similar Safe downtown/commercial area 77% 68% 74% Similar Lower Lower Lower Mobility Overall ease of travel NA 57% 59% Similar NA Lower Similar Paths and walking trails 65% 65% 65% Similar Higher Similar Similar Ease of walking 51% 56% 52% Similar Lower Similar Similar Travel by bicycle 44% 48% 43% Similar Similar Similar Similar Travel by public transportation NA 33% 27% Similar NA Lower Similar Travel by car 42% 43% 45% Similar Much lower Lower Lower Public parking NA 35% 32% Similar NA Lower Lower Traffic flow 29% 29% 34% Similar Much lower Lower Similar Natural Environment Overall natural environment 61% 73% 70% Similar Lower Similar Similar Cleanliness 64% 71% 73% Similar Lower Similar Similar Air quality 59% 72% 74% Similar Similar Similar Similar Built Environment Overall built environment NA 52% 50% Similar NA Similar Similar New development in Clearwater 50% 40% 43% Similar Lower Lower Similar Affordable quality housing 29% 46% 38% Lower Similar Similar Similar Public places NA 64% 67% Similar NA Similar Similar Economy Overall economic health NA 54% 64% Higher NA Similar Similar Vibrant downtown/commercial area NA 30% 33% Similar NA Lower Lower Business and services 60% 59% 65% Similar Similar Similar Similar Cost of living NA 41% 43% Similar NA Similar Similar Shopping opportunities 75% 76% 77% Similar Much higher Higher Higher The National Citizen Survey™ 3 Percent rating positively (e.g., excellent/good, very/somewhat safe) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Employment opportunities 34% 35% 47% Higher Similar Similar Similar Place to visit NA 88% 90% Similar NA Higher Much higher Place to work 50% 58% 69% Higher Lower Similar Similar Recreation and Wellness Health and wellness NA 74% 70% Similar NA Similar Similar Mental health care NA 50% 43% Lower NA Similar Similar Preventive health services 51% 63% 67% Similar Similar Similar Similar Health care 46% 64% 64% Similar Similar Similar Similar Food 59% 69% 71% Similar Similar Similar Similar Recreational opportunities 74% 74% 76% Similar Much higher Similar Similar Fitness opportunities NA 74% 72% Similar NA Similar Similar Education and Enrichment Cultural/arts/music activities 62% 66% 66% Similar Higher Similar Similar Adult education NA 59% 55% Similar NA Similar Similar K-12 education 54% 51% 57% Higher Much lower Lower Lower Child care/preschool 34% 54% 51% Similar Lower Similar Similar Community Engagement Social events and activities 61% 57% 60% Similar Similar Similar Similar Neighborliness NA 52% 55% Similar NA Similar Similar Openness and acceptance 56% 57% 58% Similar Similar Similar Similar Opportunities to participate in community matters 59% 58% 62% Similar Similar Similar Similar Opportunities to volunteer 76% 72% 76% Similar Similar Similar Similar Table 3: Governance General Percent rating positively (e.g., excellent/good) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Services provided by Clearwater 70% 75% 77% Similar Similar Similar Similar Customer service 75% 71% 73% Similar Similar Similar Similar Value of services for taxes paid 48% 48% 53% Similar Much lower Similar Similar Overall direction 47% 50% 52% Similar Much lower Similar Similar Welcoming citizen involvement 43% 46% 50% Similar Much lower Similar Similar Confidence in City government NA 44% 49% Similar NA Similar Similar Acting in the best interest of Clearwater NA 47% 48% Similar NA Similar Similar Being honest NA 49% 52% Similar NA Similar Similar Treating all residents fairly NA 45% 50% Similar NA Similar Similar Services provided by the Federal Government 40% 40% 38% Similar Similar Similar Similar The National Citizen Survey™ 4 Table 4: Governance by Facet Percent rating positively (e.g., excellent/good) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Safety Police 76% 76% 81% Similar Similar Similar Similar Fire 92% 90% 90% Similar Similar Similar Similar Ambulance/EMS 88% 90% 90% Similar Similar Similar Similar Crime prevention 59% 60% 66% Similar Similar Similar Similar Fire prevention 70% 67% 75% Higher Lower Similar Similar Emergency preparedness 73% 73% 72% Similar Much higher Similar Similar Mobility Traffic enforcement 59% 55% 60% Similar Lower Similar Similar Street repair 51% 40% 45% Similar Similar Similar Similar Street cleaning 63% 58% 65% Higher Similar Similar Similar Sidewalk maintenance 57% 53% 50% Similar Similar Similar Similar Traffic signal timing 42% 35% 38% Similar Lower Lower Similar Natural Environment Garbage collection 89% 84% 79% Similar Much higher Similar Similar Recycling 77% 84% 78% Similar Higher Similar Similar Yard waste pick-up 79% 82% 75% Lower Much higher Similar Similar Drinking water 50% 52% 49% Similar Much lower Lower Lower Open space NA 53% 51% Similar NA Similar Similar Built Environment Storm drainage 60% 67% 59% Lower Higher Similar Similar Sewer services 69% 72% 68% Similar Similar Similar Similar Power utility NA 75% 60% Lower NA Similar Lower Utility billing NA 60% 70% Higher NA Similar Similar Land use, planning and zoning 38% 43% 44% Similar Similar Similar Similar Code enforcement 42% 37% 45% Higher Similar Similar Similar Cable television 68% 55% 47% Lower Much higher Similar Similar Economy Economic development 36% 40% 48% Higher Lower Similar Similar Recreation and Wellness City parks 82% 76% 81% Similar Higher Similar Similar Recreation programs 74% 76% 74% Similar Higher Similar Similar Recreation centers 76% 77% 75% Similar Higher Similar Similar Education and Enrichment Special events NA 66% 68% Similar NA Similar Similar Public libraries 88% 81% 83% Similar Higher Similar Similar Community Engagement Public information 71% 63% 70% Higher Higher Similar Similar The National Citizen Survey™ 5 Table 5: Participation General Percent rating positively (e.g., always/sometimes, more than once a month, yes) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Sense of community 47% 49% 46% Similar Much lower Lower Similar Recommend Clearwater 82% 85% 88% Similar Similar Similar Similar Remain in Clearwater 84% 83% 85% Similar Similar Similar Similar Contacted Clearwater employees 53% 40% 46% Higher Much lower Similar Similar Table 6: Participation by Facet Percent rating positively (e.g., always/sometimes, more than once a month, yes) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Safety Stocked supplies for an emergency NA 57% 49% Lower NA Much higher Higher Did NOT report a crime NA 74% 75% Similar NA Similar Similar Was NOT the victim of a crime 84% 87% 88% Similar Similar Similar Similar Mobility Carpooled instead of driving alone NA 38% 35% Similar NA Similar Similar Walked or biked instead of driving NA 58% 57% Similar NA Similar Similar Natural Environment Conserved water NA 88% 91% Similar NA Similar Similar Made home more energy efficient NA 80% 75% Similar NA Similar Similar Recycled at home 80% 85% 87% Similar Similar Similar Similar Built Environment Did NOT observe a code violation NA 47% 54% Higher NA Similar Similar NOT under housing cost stress NA 67% 69% Similar NA Similar Similar Economy Purchased goods or services in Clearwater NA 96% 97% Similar NA Similar Similar Economy will have positive impact on income 10% 24% 33% Higher Much lower Similar Similar Work in Clearwater NA 43% 45% Similar NA Similar Similar Recreation and Wellness Used Clearwater recreation centers 55% 58% 54% Similar Similar Similar Similar Visited a City park 86% 79% 81% Similar Similar Similar Similar Ate 5 portions of fruits and vegetables NA 83% 81% Similar NA Similar Similar Participated in moderate or vigorous physical activity NA 88% 84% Similar NA Similar Similar In very good to excellent health NA 61% 61% Similar NA Similar Similar Education and Enrichment Used Clearwater public libraries 76% 64% 51% Lower Higher Similar Lower Attended a City-sponsored event NA 47% 49% Similar NA Similar Similar Community Engagement Campaigned for an issue, cause or candidate NA 22% 25% Similar NA Similar Similar Contacted Clearwater elected officials NA 15% 20% Similar NA Similar Similar Volunteered 38% 40% 35% Similar Lower Similar Similar Participated in a club 32% 27% 24% Similar Similar Similar Similar The National Citizen Survey™ 6 Percent rating positively (e.g., always/sometimes, more than once a month, yes) 2017 rating compared to 2014 Comparison to benchmark 2008 2014 2017 2008 2014 2017 Talked to or visited with neighbors NA 92% 89% Similar NA Similar Similar Done a favor for a neighbor NA 83% 83% Similar NA Similar Similar Attended a local public meeting 24% 14% 20% Similar Lower Similar Similar Watched a local public meeting 56% 31% 25% Lower Much higher Similar Similar Read or watched local news NA 90% 87% Similar NA Similar Similar Voted in local elections NA 82% 79% Similar NA Similar Similar 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Community Livability Report 2017 The National Citizen Survey™ © 2001-2017 National Research Center, Inc. The NCS™ is presented by NRC in collaboration with ICMA. NRC is a charter member of the AAPOR Transparency Initiative, providing clear disclosure of our sound and ethical survey research practices. Contents About .............................................................................................. 1 Quality of Life in Clearwater ............................................................. 2 Community Characteristics ............................................................... 3 Governance ..................................................................................... 5 Participation .................................................................................... 7 Special Topics .................................................................................. 9 Conclusions ................................................................................... 12 1 About The National Citizen Survey™ (The NCS) report is about the “livability” of Clearwater. The phrase “livable community” is used here to evoke a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. Great communities are partnerships of the government, private sector, community-based organizations and residents, all geographically connected. The NCS captures residents’ opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). The Community Livability Report provides the opinions of a representative sample of 580 residents of the City of Clearwater. The margin of error around any reported percentage is 4% for all respondents. The full description of methods used to garner these opinions can be found in the Technical Appendices provided under separate cover. Communitiesare partnerships among... Residents Community-based organizations Government Private sector 2 Quality of Life in Clearwater A vast majority of residents rated the quality of life in Clearwater as excellent or good. This rating was similar to the national and peer community benchmarks (see Appendix B of the Technical Appendices provided under separate cover). Shown below are the eight facets of community. The color of each community facet summarizes how residents rated it across the three sections of the survey that represent the pillars of a community – Community Characteristics, Governance and Participation. When most ratings across the three pillars were higher than the benchmark, the color for that facet is the darkest shade; when most ratings were lower than the benchmark, the color is the lightest shade. A mix of ratings (higher and lower than the benchmark) results in a color between the extremes. In addition to a summary of ratings, the image below includes one or more stars to indicate which community facets were the most important focus areas for the community. As in 2014, residents identified Safety and Economy as priorities for the Clearwater community in the coming two years. Ratings for all eight facets of community livability were positive and similar to other communities across the nation. This overview of the key aspects of community quality provides a quick summary of where residents see exceptionally strong performance and where performance offers the greatest opportunity for improvement. Linking quality to importance offers community members and leaders a view into the characteristics of the community that matter most and that seem to be working best. Details that support these findings are contained in the remainder of this Livability Report, starting with the ratings for Community Characteristics, Governance and Participation and ending with results for Clearwater’s unique questions. Education and Enrichment Community Engagement Mobility Natural Environment Recreation and Wellness Built Environment Safety Economy Legend Higher than national benchmark Similar to national benchmark Lower than national benchmark Most important Excellent28% Good56% Fair14% Poor 2% Overall Quality of Life 3 Community Characteristics What makes a community livable, attractive and a place where people want to be? Overall quality of community life represents the natural ambience, services and amenities that make for an attractive community. How residents rate their overall quality of life is an indicator of the overall health of a community. In Clearwater, about 9 in 10 rated the City as an excellent or good place to live. Respondents’ ratings of Clearwater as a place to live were similar to ratings in other communities across the nation. In addition to rating the City as a place to live, respondents rated several aspects of community quality including Clearwater as a place to raise children and to retire, their neighborhood as a place to live, the overall image or reputation of Clearwater and its overall appearance. Overall, at least two-thirds of residents felt favorably about each of these aspects of the community, providing ratings that tended to be similar to benchmark comparisons. However, about 8 in 10 respondents gave high marks to Clearwater as a place to retire, which were higher than evaluations provided in communities across the U.S. Additionally, residents’ scores for their the quality of neighborhoods increased in 2017 (see Trends over Time report provided under a separate cover for more details). Delving deeper into Community Characteristics, survey respondents rated over 40 features of the community within the eight facets of Community Livability. Overall, at least half of respondents reviewed most aspects of Community Characteristics positively and ratings tended to be similar to the benchmark communities. Evaluations of Safety tended to be similar to comparison communities with about 9 in 10 residents indicating they felt safe in their neighborhood and roughly 7 in 10 felt safe overall and in the downtown/commercial area. While about three-quarters of respondents reported feeling safe overall, this rating was lower than the national average. Aspects of Mobility also saw ratings that were mostly similar and were awarded excellent or good evaluations by about two in five or more; however, ease of travel by car and public parking were lower than communities across the nation. Respondents saw Clearwater’s strengths within the facet of Economy, with at least 6 in 10 participants giving high marks to the overall economic health, business and service establishments, shopping opportunities and Clearwater as a place to visit and work. Additionally, scores for overall economic health, employment opportunities and the City as a place to work increased from 2014 to 2017 and evaluations for shopping opportunities and the City as a place to visit were higher than national comparisons. Residents were less pleased with the vibrancy of the downtown/commercial area, which was rated lower than the benchmarks. 81%69%80%71%75% Overall image Neighborhood Place to raise children Place to retire Overall appearance Higher Similar Lower Comparison to national benchmarkPercent rating positively (e.g., excellent/good) Excellent33% Good 56% Fair 10% Poor0% Place to Live The National Citizen Survey™ 4 Figure 1: Aspects of Community Characteristics 90% 77% 76% 62% 58% 55% 60% 51% 55% 66% 60% 72% 76% 71% 64% 67% 43% 70% 69% 47% 43% 65% 64% 67% 38% 43% 50% 74% 73% 70% 34% 27% 43% 52% 65% 59% 91% 71% 57% 33% 32% 45% 74% Opportunities to volunteer Opportunities to participate in community matters Openness and acceptance Neighborliness Social events and activities COMMUNITY ENGAGEMENT Child care/preschool K-12 education Adult education Cultural/arts/music activities Education and enrichment opportunities EDUCATION AND ENRICHMENT Fitness opportunities Recreational opportunities Food Health care Preventive health services Mental health care Health and wellness RECREATION AND WELLNESS Place to work Place to visit Employment opportunities Shopping opportunities Cost of living Business and services Vibrant downtown/commercial area Overall economic health ECONOMY Public places Affordable quality housing New development in Clearwater Overall built environment BUILT ENVIRONMENT Air quality Cleanliness Overall natural environment NATURAL ENVIRONMENT Traffic flow Public parking Travel by car Travel by public transportation Travel by bicycle Ease of walking Paths and walking trails Overall ease of travel MOBILITY Safe downtown/commercial area Safe in neighborhood Overall feeling of safety SAFETY Higher Similar Lower Percent rating positively (e.g., excellent/good, very/somewhat safe) Comparison to national benchmark 5 Governance How well does the government of Clearwater meet the needs and expectations of its residents? The overall quality of the services provided by Clearwater as well as the manner in which these services are provided is a key component of how residents rate their quality of life. Seventy-seven percent of residents gave favorable ratings to the overall quality of services provided by the City of Clearwater, whereas only about 38% assigned excellent or good reviews to the Federal Government. Ratings for both sets of services were similar to national averages. Survey respondents also rated various aspects of Clearwater’s leadership and governance. In general, about half of residents rated each aspect positively and scores for customer services provided by Clearwater employees was a highlight. All ratings were similar to other communities nationwide. Respondents evaluated 30 individual services and amenities available in Clearwater. In general, at least half of residents favorably rated many services and amenities and most were similar to communities elsewhere. The highest rated services included police, fire, ambulance/EMS, City parks and public libraries, with about 8 in 10 or more awarding excellent or good marks to each. Residents gave below average assessments to services within Natural Environment (drinking water) and Built Environment (power utility). Additionally, evaluations of yard waste pick-up, storm drainage, Clearwater Gas utility and cable television decreased from 2014 to 2017. However, more residents were pleased with utility billing and code enforcement services in 2017 than in 2014. Respondents also gave more positive reviews to fire prevention, street cleaning, economic development and public information in 2017. 53%52%50%49%48%52%50% 73% 38% Value of services for taxes paid Overall direction Welcoming citizen involvement Confidence in City government Acting in the best interest of Clearwater Being honest Treating all residents fairly Customer service Services provided by the Federal Government Higher Similar Lower Comparison to national benchmarkPercent rating positively (e.g., excellent/good) Excellent17% Good59% Fair 19% Poor5% Overall Quality of City Services The National Citizen Survey™ 6 Figure 2: Aspects of Governance 70% 68% 83% 75% 74% 81% 48% 47% 45% 44% 70% 68% 59% 51% 75% 78% 79% 38% 50% 65% 45% 60% 72% 75% 66% 90% 90% 81% 60% 49% Public information COMMUNITY ENGAGEMENT Special events Public libraries EDUCATION AND ENRICHMENT Recreation centers Recreation programs City parks RECREATION AND WELLNESS Economic development ECONOMY Cable television Code enforcement Land use, planning and zoning Utility billing Clearwater Gas utility Sewer services Storm drainage BUILT ENVIRONMENT Open space Drinking water Yard waste pick-up Recycling Garbage collection NATURAL ENVIRONMENT Traffic signal timing Sidewalk maintenance Street cleaning Street repair Traffic enforcement MOBILITY Emergency preparedness Fire prevention Crime prevention Ambulance/EMS Fire Police SAFETY Higher Similar Lower Percent rating positively (e.g., excellent/good) Comparison to national benchmark 7 Participation Are the residents of Clearwater connected to the community and each other? An engaged community harnesses its most valuable resource, its residents. The connections and trust among residents, government, businesses and other organizations help to create a sense of community, a shared sense of membership, belonging and history. Less than half of residents gave excellent or good marks to the sense of community in Clearwater, although this was similar to comparison communities. At least 8 in 10 participants reported that they would recommend living in Clearwater to someone who might ask and planned to remain in the community for the next five years. Slightly less than half indicated they had contacted Clearwater employees in the 12 months prior to the survey, but this was higher than in 2014. These ratings were similar to national and peer communities. The survey included 30 activities and behaviors for which respondents indicated how often they participated in or performed each, if at all. Generally, Clearwater’s residents tended to participate on similar levels seen in comparison communities. Residents were particularly engaged in green initiatives, such as conserving water or recycling, and reported high levels of neighborliness, reading or watching local news and voting behaviors. Close to half of survey respondents indicated they had stocked supplies in case of an emergency, which was higher than national and peer averages, although this rate decreased since 2014. Clearwater residents exhibited lower than national levels of public library visitation, which also decreased since the last survey iteration. On a positive note, compared to 2014, more participants were optimistic that the economy would positively impact their incomes and fewer had observed a code violation in 2017. 88%85% 46% Recommend Clearwater Remain in Clearwater Contacted Clearwater employees Higher Similar Lower Percent rating positively (e.g., very/somewhat likely, yes) Comparison to national benchmark Excellent 15%Good 31% Fair 37% Poor18% Sense of Community The National Citizen Survey™ 8 Figure 3: Aspects of Participation 49% 79% 87% 25% 20% 83% 89% 24% 35% 20% 25% 49% 61% 84% 81% 81% 54% 45% 33% 97% 69% 54% 87% 75% 91% 57% 35% 88% 75% 51% Voted in local elections Read or watched local news Watched a local public meeting Attended a local public meeting Done a favor for a neighbor Talked to or visited with neighbors Participated in a club Volunteered Contacted Clearwater elected officials Campaigned for an issue, cause or candidate COMMUNITY ENGAGEMENT Attended a City-sponsored event Used Clearwater public libraries EDUCATION AND ENRICHMENT In very good to excellent health Participated in moderate or vigorous physical activity Ate 5 portions of fruits and vegetables Visited a City park Used Clearwater recreation centers RECREATION AND WELLNESS Work in Clearwater Economy will have positive impact on income Purchased goods or services in Clearwater ECONOMY NOT under housing cost stress Did NOT observe a code violation BUILT ENVIRONMENT Recycled at home Made home more energy efficient Conserved water NATURAL ENVIRONMENT Walked or biked instead of driving Carpooled instead of driving alone MOBILITY Was NOT the victim of a crime Did NOT report a crime Stocked supplies for an emergency SAFETY Higher Similar Lower Percent rating positively (e.g., yes, more than once a month, always/sometimes) Comparison to national benchmark 9 Special Topics The City of Clearwater included several questions of special interest on The NCS. City leaders sought feedback from residents on recreation trails, sources of information about the City, Coachman Park improvements, downtown amenities and the Imagine Clearwater Plan. The first question asked respondents about the quality of recreation trails in the City and about 8 in 10 awarded excellent or good marks, 2 in 10 felt they were fair and only 2% of residents rated them as poor. Figure 4: Quality of Recreation Trails Please rate the quality of each of the following services in Clearwater: City residents indicated their level of reliance on sources of information about the City by indicating how much of a source each of the eight listed items was to them. At least 8 in 10 reported using local media outlets and the City website as minor or major sources of information and about three-quarters relied on word-of-mouth. While just 16% indicated the local government cable channel CView as a major source, it was still utilized as a minor source by about one-third of respondents. Figure 5: Sources of Information Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: Excellent30%Good49% Fair 19% Poor 2% 16% 21% 21% 34% 31% 35% 58% 55% 38% 34% 37% 28% 35% 38% 29% 34% 54% 55% 57% 62% 65% 74% 87% 89% The local government cable channel CView Talking with City officials City Council meetings and other public meetings City communications via social media (i.e.Facebook, Twitter, and YouTube) City newsletter in the water bill Word-of-mouth City website (www.myclearwater.com) Local media outlets (newspapers, radio, localtelevision stations) Major source Minor source The National Citizen Survey™ 10 Residents indicated that music and concerts, a Bluff Walk pedestrian trail and art events were the most likely amenities to increase the amount of time they spend in Coachman Park, with about 7 in 10 or more stating they were very or somewhat likely to do so. About one-third would be more likely to spend time in Coachman Park if a playground or boathouse were added. Figure 6: Coachman Park Improvements Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? Restaurants and special events or festivals were somewhat or very likely to attract residents downtown, as about 8 in 10 reporting these amenities would lure them. Additionally, around 7 in 10 participants would frequent the area if more shops were available and brew pubs would appeal to more than half of respondents. Figure 7: Downtown Clearwater Amenities Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? 15% 19% 23% 18% 36% 38% 52% 18% 15% 18% 24% 34% 32% 32% 20% 18% 14% 18% 16% 10% 6% 48% 48% 45% 40% 14% 19% 10% A boathouse Playground Activities for children Community exercise classes Art events Addition of a Bluff Walkpedestrian trail to the park Music and concerts Very likely Somewhat likely Somewhat unlikely Very unlikely 37% 40% 55% 55% 19% 32% 27% 30% 14% 14% 7% 5% 30% 14% 10% 9% Brew pubs Shops Special events and festivals Restaurants Very likely Somewhat likely Somewhat unlikely Very unlikely The National Citizen Survey™ 11 When asked about their familiarity with the Imagine Clearwater Plan, about half of survey participants indicated they were not at all familiar with the plan and 33% of residents had heard of it, but was not familiar with the details. Figure 8: Familiarity with Imagine Clearwater Plan How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area? Of the roughly half of residents who were either familiar with the Imagine Clearwater Plan or those who had at least heard of it, about 9 in 10 participants strongly or somewhat supported making those improvements to Coachman Park and the Bluff area. Figure 9: Level of Support for Imagine Clearwater Plan Please indicate your level of support for the Imagine Clearwater plan: Finally, to gauge support for a referendum to change the charter to allow for elements of the Imagine Clearwater Plan to be implemented, City leaders asked residents how likely they would be to vote for this measure. About two in five indicated they were very likely to support and a similar proportion of residents reported they were somewhat likely to vote in favor of these improvements. Around 1 in 10 or less were either very or somewhat unlikely to vote against the plan. Figure 10: Likelihood of Voting for Imagine Clearwater Improvements The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these? I am familiar 16% I have heard of it, but am not very familiar 33% Not at all familiar 51% Strongly support 46% Somewhat support 45% Somewhat oppose4%Strongly oppose4% Very likely42%Somewhat likely 41% Somewhat unlikely 7% Very unlikely 11% 12 Conclusions Economy ratings are on the rise and investing in the downtown area can further improve the economic climate. Overall, Clearwater respondents awarded strong ratings to Economy-related aspects of the community and most were similar to or higher than comparison communities. About two-thirds favorably scored the overall economic health of the community and Clearwater as a place to work, and around half of residents were pleased with employment opportunities and economic development. Each of these evaluations increased from 2014 to 2017. Furthermore, shopping opportunities and the City as a place to visit were evaluated at higher levels than municipalities across the nation and more residents were optimistic about the economic outlook in 2017 than in 2014. Conversely, about one-third gave excellent or good marks to the vibrancy of the downtown/commercial area of Clearwater, which was lower than the national average. Additionally, fewer residents felt safe in the downtown/commercial area than residents across the country. Over 8 in 10 survey participants indicated they would be likely to spend additional time in the downtown area if more restaurants and special events or festivals were offered. At least half of respondents would also be very or somewhat likely to increase time spent downtown if there were shops or brew pubs. These assessments indicate that improving offerings downtown could increase residents’ presence in central Clearwater and positively impact the community’s economy. Although residents enjoy Recreation opportunities and many support the Imagine Clearwater Plan, more outreach is needed. In general, residents were pleased with aspects of Recreation offered by the City of Clearwater, with over half awarding excellent or good marks to all measures and providing ratings were similar to national and peer communities. The highest rated Recreation-related aspects were recreational opportunities, City parks, recreation programs, centers and trails, with about three-quarters evaluating each positively. To set itself apart from neighboring communities and bolster visitation and use of the waterfront to Downtown, the City is implementing Imagine Clearwater, a plan to redevelop Coachman Park and the Bluff area, among others. About half of Clearwater residents indicated they were either familiar with or had at least heard of Imagine Clearwater. Of 49% of respondents who had heard of the plan or were familiar with it, 91% supported the redevelopment. Out of all survey participants, 8 in 10 indicated they were likely to vote in favor of the plan should there be a referendum in November. City communication efforts about Imagine Clearwater via common sources of information might help bolster support for or engagement with the issue, particularly among those who are less familiar. Survey participants relied most on local media outlets and the City website as sources of information about Clearwater. When asked specifically about potential improvements to Coachman Park, residents indicated that music and concerts, an addition of a Bluff Walk pedestrian trail and art events were the most likely offerings to entice them to spend more time in Coachman Park. Prioritizing these amenities in the Imagine Clearwater plan could also influence decisions in November. Residents appreciate code enforcement efforts, but other aspects of Built Environment can be enhanced. Compared to 2014, more Clearwater residents in 2017 were pleased with the quality of code enforcement services, with at least two in five awarding excellent or good scores. Additionally, fewer residents reported they had observed a code violation in their community across the two survey iterations. However, respondents were less satisfied with storm drainage, Clearwater Gas utilities and cable television services in 2017 than in 2014, though only Clearwater Gas utility reviews were lower than the national average. Finally, while nearly 4 in 10 participants felt positively about the availability of affordable quality housing, which was similar to peer and national comparisons, this rating has decreased since 2014. 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Dashboard Summary of Findings 2017 1 Summary The National Citizen Survey™ (The NCS™) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. The NCS captures residents’ opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). This report summarizes Clearwater’s performance in the eight facets of community livability with the “General” rating as a summary of results from the overarching questions not shown within any of the eight facets. The “Overall” represents the community pillar in its entirety (the eight facets and general). By summarizing resident ratings across the eight facets and three pillars of a livable community, a picture of Clearwater’s community livability emerges. Below, the color of each community facet summarizes how residents rated each of the pillars that support it – Community Characteristics, Governance and Participation. When most ratings were higher than the benchmark, the color is the darkest shade; when most ratings were lower than the benchmark, the color is the lightest shade. A mix of ratings (higher and lower than the benchmark) results in a color between the extremes. Overall, ratings for dimensions of livability were similar to other communities across the nation. This information can be helpful in identifying the areas that merit more attention. Figure 1: Dashboard Summary Community Characteristics Governance Participation Higher Similar Lower Higher Similar Lower Higher Similar Lower Overall 3 42 5 0 38 2 1 32 1 General 1 6 0 0 3 0 0 3 0 Safety 0 2 1 0 6 0 1 2 0 Mobility 0 6 2 0 5 0 0 2 0 Natural Environment 0 3 0 0 4 1 0 3 0 Built Environment 0 4 0 0 6 1 0 2 0 Economy 2 5 1 0 1 0 0 3 0 Recreation and Wellness 0 7 0 0 3 0 0 5 0 Education and Enrichment 0 4 1 0 2 0 0 1 1 Community Engagement 0 5 0 0 8 0 0 11 0 Legend Higher Similar Lower The National Citizen Survey™ Legend ↑↑ Much higher ↑ Higher ↔ Similar ↓ Lower ↓↓ Much lower * Not available 2 Figure 2: Detailed Dashboard Community Characteristics Trend Benchmark Percent positive Governance Trend Benchmark Percent positive Participation Trend Benchmark Percent positive General Overall appearance ↔ ↔ 75% Customer service ↔ ↔ 73% Recommend Clearwater ↔ ↔ 88% Overall quality of life ↔ ↔ 84% Services provided by Clearwater ↔ ↔ 77% Remain in Clearwater ↔ ↔ 85% Place to retire ↔ ↑ 81% Services provided by the Federal Government ↔ ↔ 38% Contacted Clearwater employees ↑ ↔ 46% Place to raise children ↔ ↔ 71% Place to live ↔ ↔ 90% Neighborhood ↑ ↔ 80% Overall image ↔ ↔ 69% Safety Overall feeling of safety ↔ ↔ 71% Police ↔ ↔ 81% Was NOT the victim of a crime ↔ ↔ 88% Safe in neighborhood ↔ ↔ 91% Crime prevention ↔ ↔ 66% Did NOT report a crime ↔ ↔ 75% Safe downtown/commercial area ↔ ↓ 74% Fire ↔ ↔ 90% Stocked supplies for an emergency ↓ ↑ 49% Fire prevention ↑ ↔ 75% Ambulance/EMS ↔ ↔ 90% Emergency preparedness ↔ ↔ 72% Mobility Traffic flow ↔ ↔ 34% Traffic enforcement ↔ ↔ 60% Carpooled instead of driving alone ↔ ↔ 35% Travel by car ↔ ↓ 45% Street repair ↔ ↔ 45% Walked or biked instead of driving ↔ ↔ 57% Travel by bicycle ↔ ↔ 43% Street cleaning ↑ ↔ 65% Ease of walking ↔ ↔ 52% Sidewalk maintenance ↔ ↔ 50% Travel by public transportation ↔ ↔ 27% Traffic signal timing ↔ ↔ 38% Overall ease travel ↔ ↔ 59% Public parking ↔ ↓ 32% Paths and walking trails ↔ ↔ 65% Natural Environment Overall natural environment ↔ ↔ 70% Garbage collection ↔ ↔ 79% Recycled at home ↔ ↔ 87% Air quality ↔ ↔ 74% Recycling ↔ ↔ 78% Conserved water ↔ ↔ 91% Cleanliness ↔ ↔ 73% Yard waste pick-up ↓ ↔ 75% Made home more energy efficient ↔ ↔ 75% Drinking water ↔ ↓ 49% Open space ↔ ↔ 51% Built Environment New development in Clearwater ↔ ↔ 43% Sewer services ↔ ↔ 68% NOT experiencing housing cost stress ↔ ↔ 69% Affordable quality housing ↓ ↔ 38% Storm drainage ↓ ↔ 59% Did NOT observe a code violation ↑ ↔ 54% Overall built environment ↔ ↔ 50% Power utility ↓ ↓ 60% Public places ↔ ↔ 67% Utility billing ↑ ↔ 70% Land use, planning and zoning ↔ ↔ 44% Code enforcement ↑ ↔ 45% Cable television ↓ ↔ 47% The National Citizen Survey™ Legend ↑↑ Much higher ↑ Higher ↔ Similar ↓ Lower ↓↓ Much lower * Not available 3 Community Characteristics Trend Benchmark Percent positive Governance Trend Benchmark Percent positive Participation Trend Benchmark Percent positive Economy Overall economic health ↑ ↔ 64% Economic development ↑ ↔ 48% Economy will have positive impact on income ↑ ↔ 33% Shopping opportunities ↔ ↑ 77% Purchased goods or services in Clearwater ↔ ↔ 97% Employment opportunities ↑ ↔ 47% Work in Clearwater ↔ ↔ 45% Place to visit ↔ ↑↑ 90% Cost of living ↔ ↔ 43% Vibrant downtown/commercial area ↔ ↓ 33% Place to work ↑ ↔ 69% Business and services ↔ ↔ 65% Recreation and Wellness Fitness opportunities ↔ ↔ 72% City parks ↔ ↔ 81% In very good to excellent health ↔ ↔ 61% Recreational opportunities ↔ ↔ 76% Recreation centers ↔ ↔ 75% Used Clearwater recreation centers ↔ ↔ 54% Health care ↔ ↔ 64% Recreation programs ↔ ↔ 74% Visited a City park ↔ ↔ 81% Food ↔ ↔ 71% Ate 5 portions of fruits and vegetables ↔ ↔ 81% Mental health care ↓ ↔ 43% Participated in moderate or vigorous physical activity ↔ ↔ 84% Health and wellness ↔ ↔ 70% Preventive health services ↔ ↔ 67% Education and Enrichment K-12 education ↑ ↓ 57% Public libraries ↔ ↔ 83% Used Clearwater public libraries ↓ ↓ 51% Cultural/arts/music activities ↔ ↔ 66% Special events ↔ ↔ 68% Attended a City-sponsored event ↔ ↔ 49% Child care/preschool ↔ ↔ 51% Adult education ↔ ↔ 55% Overall education and enrichment ↔ ↔ 60% Community Engagement Opportunities to participate in community matters ↔ ↔ 62% Public information ↑ ↔ 70% Sense of community ↔ ↔ 46% Opportunities to volunteer ↔ ↔ 76% Overall direction ↔ ↔ 52% Voted in local elections ↔ ↔ 79% Openness and acceptance ↔ ↔ 58% Value of services for taxes paid ↔ ↔ 53% Talked to or visited with neighbors ↔ ↔ 89% Social events and activities ↔ ↔ 60% Welcoming citizen involvement ↔ ↔ 50% Attended a local public meeting ↔ ↔ 20% Neighborliness ↔ ↔ 55% Confidence in City government ↔ ↔ 49% Watched a local public meeting ↓ ↔ 25% Acting in the best interest of Clearwater ↔ ↔ 48% Volunteered ↔ ↔ 35% Being honest ↔ ↔ 52% Participated in a club ↔ ↔ 24% Treating all residents fairly ↔ ↔ 50% Campaigned for an issue, cause or candidate ↔ ↔ 25% Contacted Clearwater elected officials ↔ ↔ 20% Read or watched local news ↔ ↔ 87% Done a favor for a neighbor ↔ ↔ 83% 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Comparisons by Demographic Subgroups 2017 1 Summary The National Citizen Survey™ (The NCS™) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. This report discusses differences in opinion of survey respondents by age, sex, race/ethnicity, housing tenure (rent or own) and housing unit type (attached or detached). Responses in the following tables show only the proportion of respondents giving a certain answer; for example, the percent of respondents who rated the quality of life as “excellent” or “good,” or the percent of respondents who attended a public meeting more than once a month. ANOVA and chi-square tests of significance were applied to these comparisons of survey questions. A “p-value” of 0.05 or less indicates that there is less than a 5% probability that differences observed between subgroups are due to chance; or in other words, a greater than 95% probability that the differences observed are “real.” Where differences were statistically significant, they have been shaded grey. The margin of error for all respondents (580 completed surveys) is generally no greater than plus or minus four percentage points around any given percent. The margin of error for subgroups is less precise. For subgroups of approximately 100 respondents, the margin of error is plus or minus 10 percentage points. Notable differences between demographic subgroups included the following: • Younger residents (18-34), females, renters or those who lived in detached housing tended to be more critical of measures of Community Characteristics, although homeowners tended to give lower scores to overall quality of new development, overall economic health, the vibrancy of the downtown/commercial area and availability of affordable quality child care/preschool, while men were less pleased with opportunities to volunteer than were women. Hispanic/other race respondents gave higher evaluations to Mobility, Natural Environment, Built Environment, Economy and Community Engagement, while White residents were more satisfied with overall quality of life, overall image of Clearwater, the safety of their neighborhoods, cleanliness and the neighborliness of residents in the City, among others. • Homeowners felt more positively than renters about Natural Environment services and White residents rated public safety services, as well as various facilities and program more positively than Hispanic/other race respondents. • Participation rates of Clearwater residents varied based on sex and race/ethnicity, but respondents who rented or were younger (18-34) tended to be less engaged, except in employment within Clearwater and regular participation in moderate or vigorous physical activity compared to homeowners or residents 35 and older. The National Citizen Survey™ 2 Table 1: Community Characteristics - General Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached The overall quality of life in Clearwater 80% 86% 86% 82% 87% 87% 76% 81% 86% 86% 82% 84% Overall image or reputation of Clearwater 57% 73% 73% 68% 71% 72% 62% 68% 70% 64% 74% 69% Clearwater as a place to live 95% 90% 89% 89% 92% 90% 90% 91% 90% 89% 91% 90% Your neighborhood as a place to live 76% 77% 84% 82% 77% 79% 80% 75% 83% 75% 84% 80% Clearwater as a place to raise children 69% 74% 72% 71% 73% 74% 66% 68% 74% 73% 70% 71% Clearwater as a place to retire 70% 87% 84% 83% 79% 82% 78% 74% 86% 81% 81% 81% Overall appearance of Clearwater 79% 72% 75% 72% 78% 75% 76% 75% 74% 74% 75% 75% Table 2: Community Characteristics - Safety Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall feeling of safety in Clearwater 52% 74% 80% 66% 77% 73% 67% 64% 76% 68% 74% 71% In your neighborhood during the day 95% 90% 91% 91% 92% 93% 87% 89% 93% 90% 92% 91% In Clearwater's downtown/commercial area during the day 64% 78% 77% 75% 72% 75% 71% 74% 73% 72% 76% 74% Table 3: Community Characteristics - Mobility Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall ease of getting to the places you usually have to visit 61% 60% 58% 63% 57% 56% 69% 60% 58% 60% 58% 59% Traffic flow on major streets 31% 33% 36% 33% 35% 29% 49% 38% 31% 27% 41% 34% Ease of public parking 27% 37% 31% 31% 34% 27% 46% 29% 34% 34% 30% 32% Ease of travel by car in Clearwater 46% 49% 42% 47% 44% 37% 70% 50% 42% 43% 47% 45% Ease of travel by public transportation in Clearwater 5% 34% 32% 24% 31% 24% 33% 30% 26% 18% 36% 27% Ease of travel by bicycle in Clearwater 46% 47% 40% 39% 49% 42% 47% 45% 43% 44% 44% 43% Ease of walking in Clearwater 38% 59% 54% 44% 62% 52% 51% 51% 53% 51% 53% 52% Availability of paths and walking trails 56% 67% 68% 59% 72% 67% 59% 61% 67% 59% 70% 65% The National Citizen Survey™ 3 Table 4: Community Characteristics - Natural Environment Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Quality of overall natural environment in Clearwater 63% 70% 76% 68% 73% 71% 69% 66% 73% 70% 70% 70% Air quality 70% 76% 74% 69% 79% 75% 71% 66% 79% 77% 70% 74% Cleanliness of Clearwater 62% 76% 76% 68% 78% 70% 81% 69% 75% 70% 75% 73% Table 5: Community Characteristics - Built Environment Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 48% 51% 52% 48% 53% 50% 52% 53% 48% 47% 53% 50% Public places where people want to spend time 60% 72% 68% 68% 67% 69% 63% 65% 68% 67% 66% 67% Availability of affordable quality housing 30% 42% 41% 34% 43% 37% 41% 36% 39% 35% 40% 38% Overall quality of new development in Clearwater 38% 53% 39% 48% 40% 40% 55% 52% 37% 39% 47% 43% Table 6: Community Characteristics - Economy Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall economic health of Clearwater 75% 66% 58% 65% 66% 63% 70% 71% 59% 59% 69% 64% Clearwater as a place to work 74% 67% 70% 70% 69% 68% 74% 70% 68% 67% 71% 69% Clearwater as a place to visit 81% 94% 92% 90% 91% 91% 88% 88% 91% 91% 89% 90% Employment opportunities 48% 49% 43% 42% 51% 45% 52% 49% 44% 44% 49% 47% Shopping opportunities 77% 77% 78% 75% 81% 79% 73% 76% 78% 80% 75% 77% Cost of living in Clearwater 29% 44% 49% 42% 44% 43% 41% 35% 48% 44% 41% 43% Overall quality of business and service establishments in Clearwater 63% 71% 61% 66% 64% 63% 70% 66% 64% 62% 67% 65% Vibrant downtown/commercial area 35% 43% 25% 33% 34% 28% 47% 43% 26% 30% 36% 33% The National Citizen Survey™ 4 Table 7: Community Characteristics - Recreation and Wellness Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Health and wellness opportunities in Clearwater 51% 74% 77% 69% 72% 72% 66% 66% 73% 71% 69% 70% Fitness opportunities (including exercise classes and paths or trails, etc.) 75% 67% 76% 72% 73% 75% 65% 72% 72% 73% 71% 72% Recreational opportunities 73% 75% 79% 77% 76% 78% 70% 73% 78% 78% 74% 76% Availability of affordable quality food 63% 76% 73% 70% 74% 76% 60% 70% 73% 71% 72% 71% Availability of affordable quality health care 47% 66% 71% 63% 66% 70% 48% 62% 65% 62% 66% 64% Availability of preventive health services 57% 69% 71% 66% 70% 71% 56% 68% 66% 65% 69% 67% Availability of affordable quality mental health care 26% 51% 49% 36% 51% 49% 32% 43% 43% 44% 43% 43% Table 8: Community Characteristics - Education and Enrichment Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall opportunities for education and enrichment 46% 62% 66% 59% 61% 60% 60% 58% 61% 59% 60% 60% Availability of affordable quality child care/preschool 57% 54% 47% 49% 55% 52% 53% 65% 43% 44% 65% 51% K-12 education 55% 61% 57% 59% 55% 58% 57% 63% 55% 56% 59% 57% Adult educational opportunities 47% 56% 61% 53% 59% 61% 44% 52% 58% 57% 54% 55% Opportunities to attend cultural/arts/music activities 50% 70% 74% 68% 66% 72% 53% 63% 69% 66% 67% 66% Table 9: Community Characteristics - Community Engagement Percent rating positively (e.g., excellent/good, very/somewhat safe) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Opportunities to participate in social events and activities 45% 69% 62% 59% 62% 62% 56% 60% 60% 61% 59% 60% Opportunities to volunteer 72% 77% 76% 81% 72% 77% 73% 76% 75% 77% 74% 76% Opportunities to participate in community matters 61% 67% 58% 65% 59% 61% 63% 67% 58% 59% 64% 62% Openness and acceptance of the community toward people of diverse backgrounds 54% 61% 57% 58% 58% 57% 60% 60% 56% 53% 62% 58% Neighborliness of residents in Clearwater 45% 58% 58% 52% 58% 52% 65% 50% 58% 53% 57% 55% The National Citizen Survey™ 5 Table 10: Governance - General Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached The City of Clearwater 70% 80% 78% 74% 80% 79% 71% 71% 80% 76% 77% 77% The value of services for the taxes paid to Clearwater 47% 56% 55% 52% 55% 56% 48% 55% 52% 49% 57% 53% The overall direction that Clearwater is taking 49% 55% 51% 54% 51% 49% 62% 53% 51% 52% 51% 52% The job Clearwater government does at welcoming citizen involvement 42% 51% 55% 50% 51% 51% 50% 54% 48% 45% 55% 50% Overall confidence in Clearwater government 45% 58% 46% 47% 51% 48% 55% 55% 46% 46% 52% 49% Generally acting in the best interest of the community 42% 51% 48% 45% 50% 48% 51% 49% 47% 45% 50% 48% Being honest 52% 56% 50% 52% 53% 52% 55% 56% 50% 51% 52% 52% Treating all residents fairly 46% 52% 52% 50% 52% 51% 50% 46% 53% 47% 54% 50% Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 63% 74% 80% 74% 73% 75% 69% 66% 78% 74% 72% 73% The Federal Government 17% 42% 47% 36% 40% 37% 41% 31% 43% 34% 42% 38% Table 11: Governance - Safety Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Police services 74% 77% 88% 75% 87% 87% 62% 78% 82% 80% 81% 81% Fire services 82% 89% 95% 87% 93% 93% 81% 85% 94% 90% 90% 90% Ambulance or emergency medical services 86% 88% 93% 86% 94% 94% 79% 88% 92% 88% 92% 90% Crime prevention 52% 63% 76% 61% 71% 70% 52% 58% 72% 63% 69% 66% Fire prevention and education 67% 69% 82% 72% 78% 77% 68% 72% 77% 71% 79% 75% Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 64% 72% 75% 75% 69% 74% 65% 69% 73% 71% 72% 72% Table 12: Governance - Mobility Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Traffic enforcement 64% 53% 62% 60% 60% 61% 56% 66% 56% 58% 62% 60% Street repair 44% 43% 47% 45% 46% 45% 48% 47% 44% 40% 50% 45% Street cleaning 61% 69% 63% 63% 65% 65% 63% 63% 66% 61% 69% 65% Sidewalk maintenance 35% 62% 49% 50% 49% 48% 56% 45% 53% 47% 52% 50% Traffic signal timing 34% 41% 39% 37% 40% 38% 40% 40% 38% 38% 39% 38% The National Citizen Survey™ 6 Table 13: Governance - Natural Environment Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Garbage collection 64% 83% 87% 78% 82% 82% 75% 70% 87% 82% 78% 79% Recycling 60% 85% 84% 79% 78% 82% 70% 67% 86% 86% 70% 78% Yard waste pick-up 63% 77% 80% 72% 78% 76% 73% 61% 83% 84% 62% 75% Drinking water 47% 45% 54% 42% 57% 50% 47% 40% 55% 52% 46% 49% Clearwater open space 44% 57% 51% 48% 56% 50% 57% 45% 55% 51% 51% 51% Table 14: Governance - Built Environment Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Storm drainage 49% 63% 61% 48% 69% 59% 59% 50% 65% 65% 52% 59% Sewer services 60% 68% 72% 61% 74% 70% 62% 62% 72% 70% 66% 68% Clearwater Gas utility 43% 67% 66% 62% 61% 65% 49% 56% 63% 62% 58% 60% Utility billing 49% 77% 76% 60% 81% 76% 60% 70% 70% 68% 72% 70% Land use, planning and zoning 49% 46% 41% 41% 48% 42% 51% 42% 45% 45% 43% 44% Code enforcement (weeds, abandoned buildings, etc.) 57% 46% 40% 46% 45% 49% 39% 54% 41% 42% 50% 45% Cable television 48% 44% 49% 46% 49% 50% 41% 51% 45% 42% 53% 47% Table 15: Governance - Economy Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Economic development 55% 49% 45% 48% 50% 51% 43% 55% 44% 43% 53% 48% Table 16: Governance - Recreation and Wellness Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached City parks 75% 85% 82% 80% 82% 82% 78% 76% 84% 83% 78% 81% Recreation programs or classes 62% 76% 75% 78% 70% 79% 58% 69% 76% 76% 70% 74% Recreation centers or facilities 68% 79% 77% 77% 75% 80% 64% 71% 77% 78% 71% 75% Recreation trails 76% 78% 83% 80% 78% 81% 75% 77% 81% 80% 79% 79% The National Citizen Survey™ 7 Table 17: Governance - Education and Enrichment Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Public library services 78% 85% 84% 84% 81% 86% 75% 77% 87% 88% 77% 83% City-sponsored special events 62% 71% 70% 72% 66% 72% 61% 68% 68% 67% 69% 68% Table 18: Governance - Community Engagement Percent rating positively (e.g., excellent/good) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Public information services 65% 68% 72% 69% 70% 74% 59% 67% 71% 72% 67% 70% Table 19: Participation General Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Sense of community 29% 50% 52% 46% 46% 44% 49% 43% 48% 41% 51% 46% Recommend living in Clearwater to someone who asks 87% 87% 89% 88% 87% 89% 86% 87% 88% 85% 90% 88% Remain in Clearwater for the next five years 75% 85% 92% 86% 84% 88% 78% 76% 92% 87% 84% 85% Contacted the City of Clearwater (in-person, phone, email or web) for help or information 42% 46% 49% 43% 50% 46% 47% 32% 56% 55% 37% 46% Table 20: Participation - Safety Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Was NOT the victim of a crime 87% 88% 89% 88% 88% 87% 91% 87% 89% 85% 92% 88% Did NOT report a crime 77% 70% 77% 74% 76% 75% 71% 71% 76% 72% 77% 75% Stocked supplies in preparation for an emergency 33% 47% 59% 50% 48% 51% 46% 39% 56% 51% 47% 49% Table 21: Participation - Mobility Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Walked or biked instead of driving 57% 62% 54% 55% 60% 59% 56% 55% 59% 54% 61% 57% Carpooled with other adults or children instead of driving alone 49% 36% 28% 41% 30% 35% 41% 44% 30% 39% 32% 35% The National Citizen Survey™ 8 Table 22: Participation - Natural Environment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Recycle at home 79% 91% 88% 89% 84% 87% 84% 77% 93% 94% 79% 87% Made efforts to make your home more energy efficient 70% 78% 76% 77% 72% 73% 82% 66% 81% 74% 76% 75% Made efforts to conserve water 94% 91% 90% 91% 92% 90% 96% 87% 95% 94% 89% 91% Table 23: Participation - Built Environment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached NOT under housing cost stress 73% 75% 62% 64% 76% 69% 70% 59% 76% 73% 65% 69% Did NOT observe a code violation 55% 55% 51% 56% 50% 53% 56% 57% 51% 47% 61% 54% Table 24: Participation - Economy Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Purchase goods or services from a business located in Clearwater 100% 94% 97% 96% 97% 98% 94% 96% 97% 96% 97% 97% Economy will have positive impact on income 31% 44% 28% 34% 34% 31% 41% 27% 38% 35% 32% 33% Work in Clearwater 70% 48% 27% 48% 41% 43% 53% 58% 36% 50% 41% 45% Table 25: Participation - Recreation and Wellness Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Used Clearwater recreation centers or their services 57% 58% 48% 47% 60% 55% 52% 51% 56% 55% 53% 54% Visited a neighborhood park or City park 91% 87% 71% 79% 83% 81% 84% 80% 82% 86% 77% 81% Eat at least 5 portions of fruits and vegetables a day 70% 89% 80% 82% 79% 79% 87% 75% 85% 84% 78% 81% Participate in moderate or vigorous physical activity 96% 87% 76% 86% 82% 84% 90% 88% 82% 83% 86% 84% Reported being in "very good" or "excellent" health 71% 64% 54% 67% 55% 63% 56% 58% 63% 58% 64% 61% Table 26: Participation - Education and Enrichment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Used Clearwater public libraries or their services 44% 49% 56% 54% 47% 48% 59% 42% 57% 55% 47% 51% Attended a City-sponsored event 48% 59% 42% 48% 50% 51% 45% 51% 48% 52% 47% 49% The National Citizen Survey™ 9 Table 27: Participation - Community Engagement Percent rating positively (e.g., always/sometimes, more than once a month, yes) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Campaigned or advocated for an issue, cause or candidate 19% 24% 29% 27% 22% 26% 23% 19% 29% 31% 19% 25% Contacted Clearwater elected officials (in-person, phone, email or web) to express your opinion 7% 26% 23% 21% 19% 21% 18% 16% 23% 25% 16% 20% Volunteered your time to some group/activity in Clearwater 30% 37% 36% 39% 30% 38% 27% 29% 39% 42% 28% 35% Participated in a club 8% 24% 34% 25% 23% 27% 15% 18% 29% 26% 23% 24% Talked to or visited with your immediate neighbors 80% 92% 92% 89% 89% 93% 81% 86% 92% 88% 90% 89% Done a favor for a neighbor 70% 81% 89% 82% 82% 83% 82% 77% 86% 86% 79% 83% Attended a local public meeting 12% 21% 22% 18% 20% 19% 20% 8% 27% 21% 17% 20% Watched (online or on television) a local public meeting 15% 23% 32% 24% 27% 22% 34% 23% 27% 25% 25% 25% Read or watch local news (via television, paper, computer, etc.) 76% 87% 93% 86% 89% 86% 90% 82% 90% 86% 88% 87% Vote in local elections 60% 76% 89% 85% 71% 81% 71% 71% 83% 82% 75% 79% Table 28: Community Focus Areas Percent rating positively (e.g., essential/very important) Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Overall feeling of safety in Clearwater 91% 94% 94% 96% 90% 94% 92% 91% 94% 94% 92% 93% Overall ease of getting to the places you usually have to visit 73% 91% 87% 81% 89% 86% 84% 81% 88% 82% 88% 85% Quality of overall natural environment in Clearwater 83% 87% 84% 87% 83% 84% 89% 84% 85% 79% 91% 85% Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 63% 81% 80% 76% 77% 78% 74% 69% 81% 78% 74% 77% Health and wellness opportunities in Clearwater 74% 78% 80% 80% 76% 77% 82% 78% 78% 73% 83% 78% Overall opportunities for education and enrichment 78% 76% 75% 78% 75% 74% 84% 73% 78% 74% 78% 76% Overall economic health of Clearwater 93% 93% 89% 93% 90% 90% 94% 87% 94% 88% 94% 91% Sense of community 63% 74% 78% 77% 69% 74% 71% 71% 74% 74% 72% 73% The National Citizen Survey™ 10 Table 29: Question 14 Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: (Percent rating as "major" or "minor source"). Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached City website (www.myclearwater.com) 89% 91% 82% 88% 85% 87% 88% 87% 86% 89% 84% 87% Local media outlets (newspapers, radio, local television stations) 81% 90% 92% 91% 87% 87% 95% 84% 92% 88% 89% 89% The local government cable channel CView 50% 52% 58% 50% 59% 48% 70% 56% 53% 45% 63% 54% City newsletter in the water bill 62% 64% 68% 60% 70% 62% 75% 52% 74% 75% 56% 65% City Council meetings and other public meetings 54% 54% 62% 51% 63% 55% 62% 55% 59% 55% 60% 57% Talking with City officials 59% 51% 57% 56% 55% 57% 51% 59% 53% 54% 57% 55% City communications via social media (i.e. Facebook, Twitter, and YouTube) 82% 68% 46% 65% 59% 60% 69% 71% 56% 60% 64% 62% Word-of-mouth 69% 73% 77% 75% 74% 73% 77% 69% 77% 78% 70% 74% Table 30: Question 15 Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? (Percent rating as "very" or "somewhat likely"). Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Community exercise classes 67% 45% 26% 48% 36% 38% 55% 54% 35% 36% 49% 42% Music and concerts 94% 92% 72% 85% 82% 82% 91% 88% 82% 86% 82% 84% Art events 75% 75% 63% 73% 66% 67% 80% 80% 63% 64% 75% 70% Activities for children 48% 47% 32% 41% 41% 34% 61% 48% 37% 45% 37% 41% Playground 44% 37% 27% 34% 36% 29% 50% 39% 32% 39% 30% 35% A boathouse 30% 46% 25% 32% 33% 33% 28% 37% 31% 33% 33% 33% Addition of a Bluff Walk pedestrian trail to the park 81% 79% 59% 71% 70% 71% 71% 76% 68% 68% 73% 71% Table 31: Question 16 Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? (Percent rating as "very" or "somewhat likely"). Age Sex Race/ethnicity Rent or own Detached or attached Overall 18- 34 35- 54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Restaurants 92% 92% 78% 88% 83% 84% 91% 90% 83% 84% 88% 85% Shops 76% 79% 67% 75% 71% 75% 70% 79% 69% 69% 76% 73% Brew pubs 75% 60% 43% 56% 56% 56% 59% 61% 53% 57% 55% 56% Special events and festivals 90% 92% 72% 86% 80% 81% 93% 89% 80% 81% 85% 83% The National Citizen Survey™ 11 Table 32: Question 17 Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area? I am familiar 18% 31% 51% 49% 51% 85% 15% 30% 70% 56% 44% 100% I have heard of it, but am not very familiar 15% 35% 50% 51% 49% 73% 27% 37% 63% 49% 51% 100% Not at all familiar 32% 32% 36% 54% 46% 71% 29% 45% 55% 48% 52% 100% Significance not tested. Table 33: Question 18 Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached Please indicate your level of support for the Imagine Clearwater plan: (Percent rating as "strongly support" or "somewhat support"). 100% 95% 86% 90% 92% 91% 93% 90% 91% 91% 91% 91% Table 34: Question 19 Age Sex Race/ethnicity Rent or own Detached or attached Overall 18-34 35-54 55+ Female Male White alone, not Hispanic Hispanic and/or other race Rent Own Detached Attached The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these? (Percent rating as "very" or "somewhat likely"). 88% 90% 75% 86% 81% 84% 82% 84% 82% 84% 81% 82% 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Comparisons by Geographic Subgroups 2017 1 Summary The National Citizen Survey™ (The NCS™) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. This report discusses differences in opinion of survey respondents by geographic area. Responses in the following tables show only the proportion of respondents giving a certain answer; for example, the percent of respondents who rated the quality of life as “excellent” or “good,” or the percent of respondents who attended a public meeting more than once a month. ANOVA and chi-square tests of significance were applied to these comparisons of survey questions. A “p-value” of 0.05 or less indicates that there is less than a 5% probability that differences observed between geographic area are due to chance; or in other words, a greater than 95% probability that the differences observed are “real.” Where differences were statistically significant, they have been shaded grey. The margin of error for all respondents (580 completed surveys) is generally no greater than plus or minus four percentage points around any given percent. The margin of error for subgroups is less precise. For subgroups of approximately 100 respondents, the margin of error is plus or minus 10 percentage points. Geographic subareas were tracked for comparison and the number of completed surveys for each are in the figure below. Figure 1: Geographic Areas Area Number of Completed Surveys Countryside 128 Clearwater Beach/ Island Estates/ Sand Key 90 Downtown and surrounding 162 Morningside/Central Clearwater 106 East Clearwater 94 Notable differences between geographic areas included the following: • Overall, residents who lived in Clearwater Beach, Island Estates or Sand Key tended to give higher ratings than other residents across Community Characteristics and Governance in general, including Mobility (e.g., ease of walking, availability of paths and walking trails, street repair and cleaning) and were more likely to participate in related-activities such as walking or biking instead of driving. • Residents who lived in the Downtown and surrounding area provided many of the lower ratings in the community compared to their counterparts, especially in the broad areas of community and governance; however, these respondents were more likely to report working within City limits. • When asked to indicate which events, activities and improvements would increase time spent in Coachman Park, those living in the Downtown and surrounding areas reported that music and concerts and activities for children were more likely to persuade them than their counterparts. The National Citizen Survey™ 2 Table 1: Community Characteristics - General Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater The overall quality of life in Clearwater 88% 95% 78% 86% 79% 84% Overall image or reputation of Clearwater 73% 86% 56% 77% 61% 69% Clearwater as a place to live 94% 90% 84% 92% 91% 90% Your neighborhood as a place to live 93% 98% 61% 84% 78% 80% Clearwater as a place to raise children 78% 68% 62% 82% 67% 71% Clearwater as a place to retire 93% 89% 68% 82% 83% 81% Overall appearance of Clearwater 66% 85% 75% 73% 79% 75% Table 2: Community Characteristics - Safety Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall feeling of safety in Clearwater 83% 91% 58% 68% 71% 71% In your neighborhood during the day 91% 99% 85% 97% 87% 91% In Clearwater's downtown/commercial area during the day 70% 81% 77% 71% 67% 74% Table 3: Community Characteristics - Mobility Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall ease of getting to the places you usually have to visit 67% 48% 59% 63% 53% 59% Traffic flow on major streets 41% 29% 39% 26% 30% 34% Ease of public parking 27% 38% 36% 27% 29% 32% Ease of travel by car in Clearwater 47% 43% 51% 38% 41% 45% Ease of travel by public transportation in Clearwater 13% 38% 29% 26% 30% 27% Ease of travel by bicycle in Clearwater 27% 59% 54% 33% 41% 43% Ease of walking in Clearwater 42% 69% 54% 45% 53% 52% Availability of paths and walking trails 52% 81% 63% 62% 73% 65% The National Citizen Survey™ 3 Table 4: Community Characteristics - Natural Environment Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Quality of overall natural environment in Clearwater 68% 88% 63% 69% 72% 70% Air quality 70% 90% 70% 68% 81% 74% Cleanliness of Clearwater 76% 92% 65% 68% 75% 73% Table 5: Community Characteristics - Built Environment Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 48% 61% 48% 50% 48% 50% Public places where people want to spend time 62% 80% 58% 72% 70% 67% Availability of affordable quality housing 31% 45% 40% 39% 36% 38% Overall quality of new development in Clearwater 35% 53% 46% 41% 39% 43% Table 6: Community Characteristics - Economy Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall economic health of Clearwater 59% 75% 60% 69% 61% 64% Clearwater as a place to work 65% 77% 70% 69% 64% 69% Clearwater as a place to visit 93% 97% 81% 94% 93% 90% Employment opportunities 43% 59% 50% 43% 42% 47% Shopping opportunities 77% 73% 73% 84% 80% 77% Cost of living in Clearwater 46% 51% 43% 38% 38% 43% Overall quality of business and service establishments in Clearwater 64% 69% 60% 66% 68% 65% Vibrant downtown/commercial area 35% 28% 36% 37% 23% 33% The National Citizen Survey™ 4 Table 7: Community Characteristics - Recreation and Wellness Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Health and wellness opportunities in Clearwater 67% 85% 68% 66% 70% 70% Fitness opportunities (including exercise classes and paths or trails, etc.) 65% 72% 77% 69% 74% 72% Recreational opportunities 68% 82% 71% 82% 79% 76% Availability of affordable quality food 72% 78% 62% 79% 74% 71% Availability of affordable quality health care 59% 78% 60% 65% 63% 64% Availability of preventive health services 66% 73% 62% 70% 70% 67% Availability of affordable quality mental health care 35% 67% 43% 42% 40% 43% Table 8: Community Characteristics - Education and Enrichment Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall opportunities for education and enrichment 61% 61% 59% 62% 52% 60% Availability of affordable quality child care/preschool 51% 48% 56% 49% 44% 51% K-12 education 64% 51% 57% 58% 50% 57% Adult educational opportunities 57% 63% 54% 60% 45% 55% Opportunities to attend cultural/arts/music activities 67% 80% 59% 65% 67% 66% Table 9: Community Characteristics - Community Engagement Percent rating positively (e.g., excellent/good, very/somewhat safe) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Opportunities to participate in social events and activities 60% 70% 58% 56% 60% 60% Opportunities to volunteer 69% 81% 74% 75% 82% 76% Opportunities to participate in community matters 62% 72% 58% 60% 59% 62% Openness and acceptance of the community toward people of diverse backgrounds 62% 70% 47% 62% 57% 58% Neighborliness of residents in Clearwater 58% 71% 44% 53% 60% 55% The National Citizen Survey™ 5 Table 10: Governance - General Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater The City of Clearwater 79% 90% 68% 77% 77% 77% The value of services for the taxes paid to Clearwater 61% 62% 52% 43% 51% 53% The overall direction that Clearwater is taking 55% 57% 51% 52% 41% 52% The job Clearwater government does at welcoming citizen involvement 53% 61% 49% 47% 42% 50% Overall confidence in Clearwater government 60% 58% 44% 45% 41% 49% Generally acting in the best interest of the community 57% 59% 38% 44% 48% 48% Being honest 58% 58% 42% 53% 52% 52% Treating all residents fairly 58% 65% 40% 44% 55% 50% Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 84% 82% 64% 72% 73% 73% The Federal Government 43% 55% 35% 29% 41% 38% Table 11: Governance - Safety Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Police services 82% 89% 74% 89% 73% 81% Fire services 93% 96% 90% 87% 89% 90% Ambulance or emergency medical services 97% 96% 87% 91% 83% 90% Crime prevention 73% 91% 54% 62% 66% 66% Fire prevention and education 82% 87% 69% 76% 66% 75% Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 79% 83% 64% 76% 62% 72% Table 12: Governance - Mobility Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Traffic enforcement 59% 64% 62% 60% 51% 60% Street repair 53% 65% 48% 29% 37% 45% Street cleaning 67% 81% 60% 56% 68% 65% Sidewalk maintenance 56% 73% 35% 44% 58% 50% Traffic signal timing 41% 48% 42% 29% 33% 38% The National Citizen Survey™ 6 Table 13: Governance - Natural Environment Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Garbage collection 82% 91% 76% 74% 83% 79% Recycling 78% 87% 75% 76% 80% 78% Yard waste pick-up 84% 78% 75% 61% 79% 75% Drinking water 58% 70% 45% 40% 41% 49% Clearwater open space 54% 64% 45% 44% 56% 51% Table 14: Governance - Built Environment Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Storm drainage 68% 58% 60% 52% 59% 59% Sewer services 68% 82% 67% 64% 63% 68% Clearwater Gas utility 64% 81% 56% 50% 64% 60% Utility billing 68% 83% 71% 78% 45% 70% Land use, planning and zoning 49% 47% 38% 48% 41% 44% Code enforcement (weeds, abandoned buildings, etc.) 44% 53% 39% 60% 27% 45% Cable television 46% 61% 41% 50% 40% 47% Table 15: Governance - Economy Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Economic development 53% 62% 38% 53% 41% 48% Table 16: Governance - Recreation and Wellness Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater City parks 86% 80% 75% 82% 85% 81% Recreation programs or classes 80% 73% 64% 85% 68% 74% Recreation centers or facilities 84% 73% 63% 85% 74% 75% Recreation trails 72% 80% 79% 79% 83% 79% The National Citizen Survey™ 7 Table 17: Governance - Education and Enrichment Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Public library services 88% 80% 83% 82% 80% 83% City-sponsored special events 67% 83% 63% 63% 69% 68% Table 18: Governance - Community Engagement Percent rating positively (e.g., excellent/good) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Public information services 67% 76% 66% 75% 63% 70% Table 19: Participation General Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Sense of community 47% 63% 38% 52% 35% 46% Recommend living in Clearwater to someone who asks 92% 94% 77% 92% 92% 88% Remain in Clearwater for the next five years 93% 96% 69% 89% 92% 85% Contacted the City of Clearwater (in-person, phone, email or web) for help or information 50% 52% 50% 35% 45% 46% Table 20: Participation - Safety Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Was NOT the victim of a crime 94% 94% 83% 89% 85% 88% Did NOT report a crime 87% 80% 68% 71% 74% 75% Stocked supplies in preparation for an emergency 57% 64% 43% 44% 47% 49% Table 21: Participation - Mobility Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Walked or biked instead of driving 54% 78% 57% 52% 50% 57% Carpooled with other adults or children instead of driving alone 33% 27% 37% 39% 36% 35% The National Citizen Survey™ 8 Table 22: Participation - Natural Environment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Recycle at home 94% 93% 83% 85% 83% 87% Made efforts to make your home more energy efficient 82% 78% 66% 79% 78% 75% Made efforts to conserve water 96% 92% 91% 89% 91% 91% Table 23: Participation - Built Environment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater NOT under housing cost stress 71% 74% 71% 62% 69% 69% Did NOT observe a code violation 61% 67% 45% 54% 51% 54% Table 24: Participation - Economy Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Purchase goods or services from a business located in Clearwater 92% 98% 96% 100% 98% 97% Economy will have positive impact on income 41% 47% 31% 22% 36% 33% Work in Clearwater 30% 30% 66% 45% 33% 45% Table 25: Participation - Recreation and Wellness Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Used Clearwater recreation centers or their services 57% 53% 50% 56% 56% 54% Visited a neighborhood park or City park 85% 76% 84% 78% 82% 81% Eat at least 5 portions of fruits and vegetables a day 85% 91% 79% 68% 91% 81% Participate in moderate or vigorous physical activity 82% 89% 84% 84% 86% 84% Reported being in "very good" or "excellent" health 62% 75% 57% 60% 57% 61% The National Citizen Survey™ 9 Table 26: Participation - Education and Enrichment Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Used Clearwater public libraries or their services 64% 47% 50% 43% 54% 51% Attended a City-sponsored event 40% 56% 53% 49% 44% 49% Table 27: Participation - Community Engagement Percent rating positively (e.g., always/sometimes, more than once a month, yes) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Campaigned or advocated for an issue, cause or candidate 30% 20% 29% 19% 26% 25% Contacted Clearwater elected officials (in-person, phone, email or web) to express your opinion 21% 25% 18% 19% 23% 20% Volunteered your time to some group/activity in Clearwater 38% 41% 34% 34% 27% 35% Participated in a club 22% 40% 20% 20% 24% 24% Talked to or visited with your immediate neighbors 93% 94% 79% 92% 97% 89% Done a favor for a neighbor 85% 85% 79% 76% 93% 83% Attended a local public meeting 24% 39% 15% 15% 13% 20% Watched (online or on television) a local public meeting 21% 27% 26% 23% 29% 25% Read or watch local news (via television, paper, computer, etc.) 90% 94% 81% 87% 88% 87% Vote in local elections 82% 92% 74% 73% 78% 79% The National Citizen Survey™ 10 Table 28: Community Focus Areas Percent rating positively (e.g., essential/very important) Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Overall feeling of safety in Clearwater 98% 96% 91% 90% 95% 93% Overall ease of getting to the places you usually have to visit 91% 98% 76% 83% 88% 85% Quality of overall natural environment in Clearwater 89% 96% 76% 82% 92% 85% Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 84% 88% 69% 74% 76% 77% Health and wellness opportunities in Clearwater 82% 84% 75% 73% 83% 78% Overall opportunities for education and enrichment 87% 64% 76% 74% 80% 76% Overall economic health of Clearwater 94% 90% 85% 95% 96% 91% Sense of community 82% 80% 66% 74% 69% 73% Table 29: Question 14 Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: (Percent rating as "major" or "minor source"). Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater City website (www.myclearwater.com) 92% 79% 82% 94% 85% 87% Local media outlets (newspapers, radio, local television stations) 95% 97% 82% 87% 90% 89% The local government cable channel CView 55% 52% 50% 55% 63% 54% City newsletter in the water bill 77% 54% 68% 59% 66% 65% City Council meetings and other public meetings 57% 57% 50% 59% 70% 57% Talking with City officials 54% 57% 52% 59% 56% 55% City communications via social media (i.e. Facebook, Twitter, and YouTube) 62% 49% 60% 70% 65% 62% Word-of-mouth 75% 74% 75% 67% 81% 74% The National Citizen Survey™ 11 Table 30: Question 15 Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? (Percent rating as "very" or "somewhat likely"). Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Community exercise classes 28% 45% 45% 49% 40% 42% Music and concerts 78% 78% 91% 86% 78% 84% Art events 60% 68% 74% 73% 69% 70% Activities for children 38% 27% 52% 42% 34% 41% Playground 33% 22% 42% 39% 27% 35% A boathouse 24% 40% 35% 37% 27% 33% Addition of a Bluff Walk pedestrian trail to the park 64% 69% 75% 75% 64% 71% Table 31: Question 16 Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? (Percent rating as "very" or "somewhat likely"). Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Restaurants 81% 87% 88% 87% 82% 85% Shops 60% 82% 76% 76% 68% 73% Brew pubs 45% 67% 54% 67% 46% 56% Special events and festivals 78% 76% 86% 90% 79% 83% Table 32: Question 17 Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area? I am familiar 19% 26% 30% 14% 10% 100% I have heard of it, but am not very familiar 14% 19% 28% 24% 16% 100% Not at all familiar 18% 7% 31% 26% 18% 100% Significance not tested. The National Citizen Survey™ 12 Table 33: Question 18 Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater Please indicate your level of support for the Imagine Clearwater plan: (Percent rating as "strongly support" or "somewhat support"). 93% 98% 87% 85% 98% 91% Table 34: Question 19 Geographic Area Overall Countryside Clearwater Beach/Island Estates/Sand Key Downtown and surrounding Morningside/Central Clearwater East Clearwater The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these? (Percent rating as "very" or "somewhat likely"). 83% 86% 83% 80% 83% 82% 2955 Valmont Road Suite 300 777 North Capitol Street NE Suite 500 Boulder, Colorado 80301 Washington, DC 20002 n-r-c.com • 303-444-7863 icma.org • 800-745-8780 Clearwater, FL Technical Appendices DRAFT 2017 The National Citizen Survey™ The National Citizen Survey™ © 2001-2017 National Research Center, Inc. The NCS™ is presented by NRC in collaboration with ICMA. NRC is a charter member of the AAPOR Transparency Initiative, providing clear disclosure of our sound and ethical survey research practices. Contents Appendix A: Complete Survey Responses .......................................... 1 Appendix B: Benchmark Comparisons ............................................. 21 Appendix C: Detailed Survey Methods ............................................. 35 Appendix D: Survey Materials ......................................................... 41 The National Citizen Survey™ 1 Appendix A: Complete Survey Responses Responses excluding “don’t know” The following pages contain a complete set of responses to each question on the survey, excluding the “don’t know” responses. The percent of respondents giving a particular response is shown followed by the number of respondents (denoted with “N=”). Table 1: Question 1 Please rate each of the following aspects of quality of life in Clearwater: Excellent Good Fair Poor Total Clearwater as a place to live 33% N=192 56% N=323 10% N=56 0% N=2 100% N=573 Your neighborhood as a place to live 36% N=206 43% N=243 18% N=100 3% N=15 100% N=564 Clearwater as a place to raise children 25% N=112 46% N=206 22% N=99 6% N=29 100% N=445 Clearwater as a place to work 27% N=117 42% N=188 21% N=93 10% N=45 100% N=443 Clearwater as a place to visit 58% N=319 32% N=179 6% N=36 3% N=19 100% N=553 Clearwater as a place to retire 41% N=211 40% N=209 12% N=60 7% N=38 100% N=518 The overall quality of life in Clearwater 28% N=159 56% N=317 14% N=81 2% N=11 100% N=568 Table 2: Question 2 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Total Overall feeling of safety in Clearwater 21% N=119 50% N=290 24% N=137 5% N=28 100% N=574 Overall ease of getting to the places you usually have to visit 17% N=99 42% N=238 31% N=178 10% N=56 100% N=571 Quality of overall natural environment in Clearwater 25% N=143 45% N=255 24% N=136 6% N=33 100% N=567 Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 13% N=71 38% N=211 37% N=210 12% N=70 100% N=562 Health and wellness opportunities in Clearwater 22% N=116 48% N=248 25% N=128 5% N=28 100% N=520 Overall opportunities for education and enrichment 16% N=78 44% N=215 31% N=151 10% N=47 100% N=490 Overall economic health of Clearwater 16% N=80 48% N=246 29% N=148 7% N=35 100% N=509 Sense of community 15% N=81 31% N=168 37% N=200 18% N=96 100% N=545 Overall image or reputation of Clearwater 20% N=113 49% N=275 26% N=147 5% N=27 100% N=562 Table 3: Question 3 Please indicate how likely or unlikely you are to do each of the following: Very likely Somewhat likely Somewhat unlikely Very unlikely Total Recommend living in Clearwater to someone who asks 48% N=269 40% N=228 7% N=42 5% N=28 100% N=566 Remain in Clearwater for the next five years 60% N=327 25% N=139 9% N=49 6% N=30 100% N=545 Table 4: Question 4 Please rate how safe or unsafe you feel: Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Total In your neighborhood during the day 58% N=333 33% N=188 6% N=36 2% N=11 0% N=2 100% N=571 In Clearwater's downtown/commercial area during the day 34% N=179 40% N=210 15% N=80 8% N=44 3% N=16 100% N=529 The National Citizen Survey™ 2 Table 5: Question 5 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Total Traffic flow on major streets 3% N=20 30% N=173 40% N=232 26% N=149 100% N=574 Ease of public parking 9% N=48 23% N=124 44% N=240 24% N=132 100% N=544 Ease of travel by car in Clearwater 12% N=65 33% N=185 40% N=227 15% N=84 100% N=561 Ease of travel by public transportation in Clearwater 5% N=14 22% N=68 37% N=112 36% N=111 100% N=305 Ease of travel by bicycle in Clearwater 12% N=47 32% N=127 34% N=136 23% N=92 100% N=401 Ease of walking in Clearwater 16% N=83 36% N=185 36% N=185 12% N=64 100% N=516 Availability of paths and walking trails 20% N=107 45% N=234 27% N=141 8% N=43 100% N=525 Air quality 21% N=118 53% N=292 22% N=124 4% N=21 100% N=556 Cleanliness of Clearwater 19% N=106 54% N=309 23% N=130 5% N=27 100% N=572 Overall appearance of Clearwater 20% N=112 55% N=316 20% N=115 5% N=28 100% N=570 Public places where people want to spend time 19% N=101 48% N=256 23% N=121 11% N=58 100% N=536 Availability of affordable quality housing 7% N=35 31% N=152 40% N=198 22% N=106 100% N=492 Fitness opportunities (including exercise classes and paths or trails, etc.) 23% N=123 49% N=260 22% N=118 6% N=30 100% N=531 Recreational opportunities 25% N=135 51% N=272 20% N=106 4% N=24 100% N=537 Availability of affordable quality food 27% N=153 45% N=256 24% N=136 5% N=27 100% N=572 Availability of affordable quality health care 20% N=102 44% N=229 25% N=130 11% N=55 100% N=516 Availability of preventive health services 19% N=91 48% N=224 25% N=116 8% N=38 100% N=469 Availability of affordable quality mental health care 13% N=38 30% N=84 33% N=94 23% N=66 100% N=281 Table 6: Question 6 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Total Availability of affordable quality child care/preschool 16% N=34 36% N=77 38% N=81 11% N=24 100% N=216 K-12 education 14% N=39 42% N=114 32% N=85 12% N=31 100% N=270 Adult educational opportunities 9% N=30 47% N=163 34% N=120 10% N=35 100% N=348 Opportunities to attend cultural/arts/music activities 20% N=102 46% N=235 23% N=115 11% N=58 100% N=510 Employment opportunities 7% N=30 39% N=163 38% N=159 15% N=62 100% N=414 Shopping opportunities 29% N=160 48% N=269 16% N=91 6% N=36 100% N=556 Cost of living in Clearwater 5% N=26 38% N=213 44% N=249 13% N=73 100% N=562 Overall quality of business and service establishments in Clearwater 12% N=66 52% N=284 29% N=156 7% N=37 100% N=543 Vibrant downtown/commercial area 7% N=37 26% N=131 30% N=155 37% N=188 100% N=510 Overall quality of new development in Clearwater 7% N=33 36% N=169 42% N=194 15% N=71 100% N=468 Opportunities to participate in social events and activities 16% N=81 44% N=217 29% N=142 11% N=57 100% N=496 Opportunities to volunteer 23% N=95 53% N=219 19% N=80 5% N=21 100% N=414 Opportunities to participate in community matters 14% N=56 47% N=190 29% N=115 10% N=39 100% N=401 Openness and acceptance of the community toward people of diverse backgrounds 16% N=73 42% N=193 32% N=149 10% N=47 100% N=462 Neighborliness of residents in Clearwater 12% N=64 43% N=224 33% N=173 12% N=64 100% N=526 The National Citizen Survey™ 3 Table 7: Question 7 Please indicate whether or not you have done each of the following in the last 12 months. No Yes Total Made efforts to conserve water 9% N=49 91% N=526 100% N=575 Made efforts to make your home more energy efficient 25% N=142 75% N=433 100% N=575 Observed a code violation or other hazard in Clearwater (weeds, abandoned buildings, etc.) 54% N=303 46% N=261 100% N=564 Household member was a victim of a crime in Clearwater 88% N=504 12% N=67 100% N=572 Reported a crime to the police in Clearwater 75% N=423 25% N=144 100% N=567 Stocked supplies in preparation for an emergency 51% N=291 49% N=281 100% N=572 Campaigned or advocated for an issue, cause or candidate 75% N=425 25% N=142 100% N=566 Contacted the City of Clearwater (in-person, phone, email or web) for help or information 54% N=309 46% N=265 100% N=573 Contacted Clearwater elected officials (in-person, phone, email or web) to express your opinion 80% N=456 20% N=116 100% N=572 Table 8: Question 8 In the last 12 months, about how many times, if at all, have you or other household members done each of the following in Clearwater? 2 times a week or more 2-4 times a month Once a month or less Not at all Total Used Clearwater recreation centers or their services 16% N=89 16% N=89 23% N=130 46% N=263 100% N=571 Visited a neighborhood park or City park 22% N=127 27% N=152 32% N=184 19% N=107 100% N=569 Used Clearwater public libraries or their services 8% N=44 20% N=117 23% N=133 49% N=281 100% N=575 Attended a City-sponsored event 3% N=16 6% N=35 40% N=229 51% N=291 100% N=570 Carpooled with other adults or children instead of driving alone 10% N=55 13% N=76 12% N=68 65% N=365 100% N=565 Walked or biked instead of driving 16% N=92 19% N=106 22% N=124 43% N=241 100% N=563 Volunteered your time to some group/activity in Clearwater 8% N=44 13% N=72 14% N=82 65% N=372 100% N=570 Participated in a club 6% N=33 7% N=37 12% N=66 76% N=429 100% N=565 Talked to or visited with your immediate neighbors 43% N=249 29% N=168 17% N=96 11% N=61 100% N=574 Done a favor for a neighbor 24% N=136 23% N=129 36% N=206 17% N=100 100% N=571 Table 9: Question 9 Thinking about local public meetings (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.), in the last 12 months, about how many times, if at all, have you or other household members attended or watched a local public meeting? 2 times a week or more 2-4 times a month Once a month or less Not at all Total Attended a local public meeting 0% N=1 2% N=10 18% N=100 80% N=458 100% N=569 Watched (online or on television) a local public meeting 2% N=13 6% N=35 17% N=95 75% N=426 100% N=569 Table 10: Question 10 Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Total Police services 34% N=173 47% N=238 14% N=73 5% N=25 100% N=509 Fire services 48% N=222 42% N=197 9% N=43 0% N=2 100% N=464 Ambulance or emergency medical services 49% N=209 42% N=179 8% N=33 2% N=8 100% N=431 Crime prevention 18% N=79 48% N=205 25% N=109 9% N=37 100% N=431 Fire prevention and education 23% N=80 52% N=185 20% N=70 6% N=20 100% N=356 Traffic enforcement 17% N=85 43% N=210 27% N=133 13% N=65 100% N=493 Street repair 9% N=51 36% N=199 35% N=193 20% N=110 100% N=553 Street cleaning 15% N=82 49% N=264 26% N=137 10% N=52 100% N=535 The National Citizen Survey™ 4 Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Total Sidewalk maintenance 11% N=56 39% N=206 33% N=176 17% N=90 100% N=528 Traffic signal timing 6% N=33 32% N=178 37% N=204 25% N=138 100% N=553 Garbage collection 30% N=167 49% N=269 15% N=83 5% N=29 100% N=548 Recycling 34% N=182 44% N=234 9% N=46 13% N=69 100% N=532 Yard waste pick-up 30% N=140 44% N=206 20% N=93 5% N=25 100% N=464 Storm drainage 18% N=87 41% N=205 25% N=126 16% N=77 100% N=495 Drinking water 14% N=75 35% N=188 28% N=152 22% N=121 100% N=536 Sewer services 16% N=73 52% N=239 25% N=116 7% N=32 100% N=459 Clearwater Gas utility 13% N=61 47% N=213 31% N=139 9% N=40 100% N=454 Utility billing 17% N=46 53% N=140 22% N=58 9% N=23 100% N=267 City parks 30% N=155 50% N=256 16% N=82 3% N=15 100% N=509 Recreation programs or classes 28% N=90 46% N=149 23% N=76 3% N=10 100% N=326 Recreation centers or facilities 29% N=113 46% N=177 22% N=84 3% N=12 100% N=386 Land use, planning and zoning 14% N=50 30% N=105 32% N=114 24% N=84 100% N=352 Code enforcement (weeds, abandoned buildings, etc.) 14% N=55 32% N=128 32% N=128 23% N=93 100% N=404 Economic development 14% N=53 35% N=136 36% N=142 15% N=61 100% N=392 Public library services 39% N=159 44% N=178 15% N=61 2% N=9 100% N=406 Public information services 24% N=91 46% N=172 25% N=94 6% N=21 100% N=377 Cable television 11% N=52 36% N=162 32% N=146 21% N=97 100% N=456 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 24% N=105 48% N=213 21% N=94 7% N=31 100% N=443 Clearwater open space 13% N=57 38% N=169 36% N=162 13% N=56 100% N=444 City-sponsored special events 19% N=80 49% N=203 24% N=99 9% N=36 100% N=418 Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 24% N=119 49% N=240 23% N=111 4% N=20 100% N=489 Recreation trails 30% N=119 49% N=191 19% N=74 2% N=7 100% N=391 Table 11: Question 11 Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Total The City of Clearwater 17% N=92 59% N=310 19% N=98 5% N=26 100% N=525 The Federal Government 7% N=33 32% N=153 44% N=216 17% N=84 100% N=485 Table 12: Question 12 Please rate the following categories of Clearwater government performance: Excellent Good Fair Poor Total The value of services for the taxes paid to Clearwater 11% N=55 42% N=209 35% N=175 12% N=59 100% N=498 The overall direction that Clearwater is taking 13% N=63 39% N=196 36% N=179 13% N=64 100% N=502 The job Clearwater government does at welcoming citizen involvement 13% N=53 38% N=158 35% N=148 14% N=61 100% N=420 Overall confidence in Clearwater government 10% N=47 39% N=188 36% N=174 15% N=71 100% N=480 Generally acting in the best interest of the community 10% N=46 38% N=183 38% N=183 15% N=70 100% N=483 Being honest 12% N=50 40% N=165 33% N=138 15% N=64 100% N=417 Treating all residents fairly 12% N=51 38% N=166 34% N=146 16% N=69 100% N=433 The National Citizen Survey™ 5 Table 13: Question 13 Please rate how important, if at all, you think it is for the Clearwater community to focus on each of the following in the coming two years: Essential Very important Somewhat important Not at all important Total Overall feeling of safety in Clearwater 57% N=330 36% N=208 7% N=39 0% N=1 100% N=577 Overall ease of getting to the places you usually have to visit 43% N=245 42% N=241 14% N=77 1% N=7 100% N=571 Quality of overall natural environment in Clearwater 44% N=252 41% N=232 15% N=83 1% N=3 100% N=571 Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 32% N=182 44% N=253 22% N=123 2% N=11 100% N=569 Health and wellness opportunities in Clearwater 30% N=171 48% N=275 19% N=108 3% N=17 100% N=571 Overall opportunities for education and enrichment 35% N=196 42% N=237 22% N=125 2% N=9 100% N=567 Overall economic health of Clearwater 46% N=260 46% N=260 8% N=48 0% N=2 100% N=569 Sense of community 28% N=157 45% N=258 26% N=147 1% N=6 100% N=568 Table 14: Question 14 Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: Major source Minor source Not a source Total City website (www.myclearwater.com) 58% N=322 29% N=160 13% N=74 100% N=556 Local media outlets (newspapers, radio, local television stations) 55% N=308 34% N=189 11% N=63 100% N=559 The local government cable channel CView 16% N=91 38% N=210 46% N=253 100% N=554 City newsletter in the water bill 31% N=170 35% N=192 35% N=193 100% N=554 City Council meetings and other public meetings 21% N=113 37% N=203 43% N=235 100% N=551 Talking with City officials 21% N=114 34% N=187 45% N=243 100% N=544 City communications via social media (i.e. Facebook, Twitter, and YouTube) 34% N=187 28% N=154 38% N=209 100% N=551 Word-of-mouth 35% N=197 38% N=213 26% N=145 100% N=555 Table 15: Question 15 Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? Very likely Somewhat likely Somewhat unlikely Very unlikely Total Community exercise classes 18% N=102 24% N=132 18% N=99 40% N=220 100% N=554 Music and concerts 52% N=289 32% N=180 6% N=33 10% N=59 100% N=561 Art events 36% N=201 34% N=189 16% N=88 14% N=81 100% N=559 Activities for children 23% N=128 18% N=102 14% N=79 45% N=253 100% N=562 Playground 19% N=109 15% N=86 18% N=99 48% N=269 100% N=563 A boathouse 15% N=81 18% N=99 20% N=108 48% N=262 100% N=550 Addition of a Bluff Walk pedestrian trail to the park 38% N=215 32% N=182 10% N=57 19% N=109 100% N=563 Table 16: Question 16 Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? Very likely Somewhat likely Somewhat unlikely Very unlikely Total Restaurants 55% N=317 30% N=171 5% N=30 9% N=53 100% N=571 Shops 40% N=228 32% N=183 14% N=77 14% N=77 100% N=565 Brew pubs 37% N=208 19% N=108 14% N=80 30% N=168 100% N=563 Special events and festivals 55% N=313 27% N=155 7% N=38 10% N=58 100% N=565 The National Citizen Survey™ 6 Table 17: Question 17 How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area? Percent Number I am familiar 16% N=91 I have heard of it, but am not very familiar 33% N=191 Not at all familiar 51% N=288 Total 100% N=571 Table 18: Question 18 Please indicate your level of support for the Imagine Clearwater plan: Percent Number Strongly support 46% N=94 Somewhat support 45% N=92 Somewhat oppose 4% N=9 Strongly oppose 4% N=9 Total 100% N=204 This question was only asked of residents who indicated they were either familiar or had heard of the Imagine Clearwater plan. Table 19: Question 19 The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these? Percent Number Very likely 42% N=193 Somewhat likely 41% N=188 Somewhat unlikely 7% N=30 Very unlikely 11% N=51 Total 100% N=462 Table 20: Question D1 How often, if at all, do you do each of the following, considering all of the times you could? Never Rarely Sometimes Usually Always Total Recycle at home 8% N=47 5% N=30 10% N=59 17% N=100 59% N=337 100% N=573 Purchase goods or services from a business located in Clearwater 1% N=7 2% N=12 15% N=84 47% N=267 35% N=201 100% N=570 Eat at least 5 portions of fruits and vegetables a day 5% N=30 14% N=77 38% N=214 25% N=140 18% N=103 100% N=565 Participate in moderate or vigorous physical activity 4% N=22 12% N=65 35% N=197 30% N=166 20% N=112 100% N=564 Read or watch local news (via television, paper, computer, etc.) 5% N=27 8% N=46 17% N=99 27% N=154 42% N=241 100% N=567 Vote in local elections 14% N=81 7% N=41 13% N=71 13% N=75 53% N=299 100% N=567 Table 21: Question D2 Would you say that in general your health is: Percent Number Excellent 23% N=130 Very good 38% N=220 Good 30% N=171 Fair 8% N=48 Poor 1% N=4 Total 100% N=574 The National Citizen Survey™ 7 The National Citizen Survey™ 8 Table 22: Question D3 What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Percent Number Very positive 9% N=53 Somewhat positive 24% N=137 Neutral 46% N=264 Somewhat negative 17% N=94 Very negative 4% N=21 Total 100% N=569 Table 23: Question D4 What is your employment status? Percent Number Working full time for pay 57% N=324 Working part time for pay 8% N=44 Unemployed, looking for paid work 3% N=19 Unemployed, not looking for paid work 1% N=7 Fully retired 31% N=175 Total 100% N=570 Table 24: Question D5 Do you work inside the boundaries of Clearwater? Percent Number Yes, outside the home 36% N=193 Yes, from home 9% N=51 No 55% N=298 Total 100% N=541 Table 25: Question D6 How many years have you lived in Clearwater? Percent Number Less than 2 years 20% N=114 2 to 5 years 19% N=110 6 to 10 years 13% N=75 11 to 20 years 17% N=100 More than 20 years 30% N=175 Total 100% N=573 Table 26: Question D7 Which best describes the building you live in? Percent Number One family house detached from any other houses 47% N=270 Building with two or more homes (duplex, townhome, apartment or condominium) 48% N=273 Mobile home 3% N=17 Other 3% N=15 Total 100% N=574 The National Citizen Survey™ 9 Table 27: Question D8 Is this house, apartment or mobile home... Percent Number Rented 40% N=227 Owned 60% N=347 Total 100% N=574 Table 28: Question D9 About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? Percent Number Less than $300 per month 4% N=23 $300 to $599 per month 11% N=60 $600 to $999 per month 27% N=150 $1,000 to $1,499 per month 29% N=160 $1,500 to $2,499 per month 18% N=99 $2,500 or more per month 10% N=56 Total 100% N=548 Table 29: Question D10 Do any children 17 or under live in your household? Percent Number No 79% N=452 Yes 21% N=122 Total 100% N=575 Table 30: Question D11 Are you or any other members of your household aged 65 or older? Percent Number No 64% N=367 Yes 36% N=206 Total 100% N=574 Table 31: Question D12 How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) Percent Number Less than $25,000 14% N=76 $25,000 to $49,999 29% N=156 $50,000 to $99,999 29% N=155 $100,000 to $149,999 17% N=95 $150,000 or more 11% N=59 Total 100% N=541 Table 32: Question D13 Are you Spanish, Hispanic or Latino? Percent Number No, not Spanish, Hispanic or Latino 88% N=495 Yes, I consider myself to be Spanish, Hispanic or Latino 12% N=64 Total 100% N=560 The National Citizen Survey™ 10 Table 33: Question D14 What is your race? (Mark one or more races to indicate what race(s) you consider yourself to be.) Percent Number American Indian or Alaskan Native 1% N=6 Asian, Asian Indian or Pacific Islander 4% N=20 Black or African American 6% N=35 White 82% N=464 Other 9% N=52 Total may exceed 100% as respondents could select more than one option. Table 34: Question D15 In which category is your age? Percent Number 18 to 24 years 6% N=36 25 to 34 years 17% N=99 35 to 44 years 10% N=59 45 to 54 years 22% N=126 55 to 64 years 14% N=78 65 to 74 years 16% N=93 75 years or older 14% N=78 Total 100% N=570 Table 35: Question D16 What is your sex? Percent Number Female 52% N=296 Male 48% N=268 Total 100% N=565 Table 36: Question D17 Do you consider a cell phone or landline your primary telephone number? Percent Number Cell 71% N=407 Land line 14% N=82 Both 14% N=81 Total 100% N=570 The National Citizen Survey™ 11 Responses including “don’t know” The following pages contain a complete set of responses to each question on the survey, including the “don’t know” responses. The percent of respondents giving a particular response is shown followed by the number of respondents (denoted with “N=”). Table 37: Question 1 Please rate each of the following aspects of quality of life in Clearwater: Excellent Good Fair Poor Don't know Total Clearwater as a place to live 33% N=192 56% N=323 10% N=56 0% N=2 1% N=3 100% N=576 Your neighborhood as a place to live 36% N=206 43% N=243 18% N=100 3% N=15 0% N=1 100% N=565 Clearwater as a place to raise children 20% N=112 36% N=206 18% N=99 5% N=29 21% N=119 100% N=565 Clearwater as a place to work 21% N=117 34% N=188 17% N=93 8% N=45 21% N=117 100% N=560 Clearwater as a place to visit 57% N=319 32% N=179 6% N=36 3% N=19 1% N=8 100% N=561 Clearwater as a place to retire 38% N=211 37% N=209 11% N=60 7% N=38 8% N=44 100% N=561 The overall quality of life in Clearwater 28% N=159 56% N=317 14% N=81 2% N=11 0% N=0 100% N=568 Table 38: Question 2 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don't know Total Overall feeling of safety in Clearwater 21% N=119 50% N=290 24% N=137 5% N=28 0% N=2 100% N=575 Overall ease of getting to the places you usually have to visit 17% N=99 42% N=238 31% N=178 10% N=56 0% N=0 100% N=571 Quality of overall natural environment in Clearwater 25% N=143 45% N=255 24% N=136 6% N=33 0% N=3 100% N=570 Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 12% N=71 37% N=211 37% N=210 12% N=70 1% N=6 100% N=568 Health and wellness opportunities in Clearwater 21% N=116 44% N=248 23% N=128 5% N=28 8% N=46 100% N=566 Overall opportunities for education and enrichment 14% N=78 38% N=215 26% N=151 8% N=47 14% N=79 100% N=569 Overall economic health of Clearwater 14% N=80 43% N=246 26% N=148 6% N=35 11% N=63 100% N=572 Sense of community 14% N=81 30% N=168 35% N=200 17% N=96 4% N=22 100% N=567 Overall image or reputation of Clearwater 20% N=113 48% N=275 26% N=147 5% N=27 1% N=8 100% N=570 Table 39: Question 3 Please indicate how likely or unlikely you are to do each of the following: Very likely Somewhat likely Somewhat unlikely Very unlikely Don't know Total Recommend living in Clearwater to someone who asks 47% N=269 40% N=228 7% N=42 5% N=28 0% N=3 100% N=569 Remain in Clearwater for the next five years 58% N=327 25% N=139 9% N=49 5% N=30 3% N=17 100% N=561 Table 40: Question 4 Please rate how safe or unsafe you feel: Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know Total In your neighborhood during the day 58% N=333 33% N=188 6% N=36 2% N=11 0% N=2 0% N=2 100% N=572 In Clearwater's downtown/commercial area during the day 32% N=179 37% N=210 14% N=80 8% N=44 3% N=16 6% N=36 100% N=565 The National Citizen Survey™ 12 Table 41: Question 5 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don't know Total Traffic flow on major streets 3% N=20 30% N=173 40% N=232 26% N=149 0% N=1 100% N=575 Ease of public parking 8% N=48 22% N=124 42% N=240 23% N=132 5% N=28 100% N=572 Ease of travel by car in Clearwater 12% N=65 33% N=185 40% N=227 15% N=84 1% N=7 100% N=568 Ease of travel by public transportation in Clearwater 3% N=14 12% N=68 20% N=112 20% N=111 46% N=263 100% N=568 Ease of travel by bicycle in Clearwater 8% N=47 22% N=127 24% N=136 16% N=92 29% N=167 100% N=568 Ease of walking in Clearwater 15% N=83 33% N=185 33% N=185 11% N=64 9% N=50 100% N=567 Availability of paths and walking trails 19% N=107 41% N=234 25% N=141 8% N=43 7% N=40 100% N=566 Air quality 21% N=118 51% N=292 22% N=124 4% N=21 3% N=16 100% N=572 Cleanliness of Clearwater 19% N=106 54% N=309 23% N=130 5% N=27 0% N=1 100% N=573 Overall appearance of Clearwater 19% N=112 55% N=316 20% N=115 5% N=28 1% N=3 100% N=574 Public places where people want to spend time 18% N=101 45% N=256 21% N=121 10% N=58 5% N=29 100% N=565 Availability of affordable quality housing 6% N=35 27% N=152 35% N=198 19% N=106 14% N=80 100% N=572 Fitness opportunities (including exercise classes and paths or trails, etc.) 22% N=123 46% N=260 21% N=118 5% N=30 7% N=39 100% N=570 Recreational opportunities 24% N=135 48% N=272 19% N=106 4% N=24 6% N=34 100% N=572 Availability of affordable quality food 27% N=153 45% N=256 24% N=136 5% N=27 0% N=1 100% N=573 Availability of affordable quality health care 18% N=102 40% N=229 23% N=130 9% N=55 10% N=58 100% N=574 Availability of preventive health services 16% N=91 39% N=224 20% N=116 7% N=38 18% N=103 100% N=572 Availability of affordable quality mental health care 7% N=38 15% N=84 17% N=94 12% N=66 51% N=287 100% N=568 Table 42: Question 6 Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don't know Total Availability of affordable quality child care/preschool 6% N=34 14% N=77 14% N=81 4% N=24 62% N=353 100% N=569 K-12 education 7% N=39 20% N=114 15% N=85 6% N=31 52% N=293 100% N=563 Adult educational opportunities 5% N=30 29% N=163 21% N=120 6% N=35 38% N=216 100% N=564 Opportunities to attend cultural/arts/music activities 18% N=102 42% N=235 21% N=115 10% N=58 9% N=48 100% N=558 Employment opportunities 5% N=30 29% N=163 28% N=159 11% N=62 26% N=147 100% N=561 Shopping opportunities 28% N=160 47% N=269 16% N=91 6% N=36 2% N=11 100% N=568 Cost of living in Clearwater 5% N=26 38% N=213 44% N=249 13% N=73 1% N=5 100% N=567 Overall quality of business and service establishments in Clearwater 12% N=66 51% N=284 28% N=156 7% N=37 3% N=16 100% N=559 Vibrant downtown/commercial area 7% N=37 23% N=131 28% N=155 34% N=188 9% N=49 100% N=560 Overall quality of new development in Clearwater 6% N=33 30% N=169 34% N=194 13% N=71 17% N=96 100% N=564 Opportunities to participate in social events and activities 14% N=81 38% N=217 25% N=142 10% N=57 12% N=66 100% N=563 Opportunities to volunteer 17% N=95 39% N=219 14% N=80 4% N=21 27% N=152 100% N=566 Opportunities to participate in community matters 10% N=56 34% N=190 20% N=115 7% N=39 29% N=160 100% N=561 Openness and acceptance of the community toward people of diverse backgrounds 13% N=73 34% N=193 26% N=149 8% N=47 18% N=101 100% N=563 Neighborliness of residents in Clearwater 11% N=64 40% N=224 31% N=173 11% N=64 7% N=38 100% N=564 The National Citizen Survey™ 13 Table 43: Question 7 Please indicate whether or not you have done each of the following in the last 12 months. No Yes Total Made efforts to conserve water 9% N=49 91% N=526 100% N=575 Made efforts to make your home more energy efficient 25% N=142 75% N=433 100% N=575 Observed a code violation or other hazard in Clearwater (weeds, abandoned buildings, etc.) 54% N=303 46% N=261 100% N=564 Household member was a victim of a crime in Clearwater 88% N=504 12% N=67 100% N=572 Reported a crime to the police in Clearwater 75% N=423 25% N=144 100% N=567 Stocked supplies in preparation for an emergency 51% N=291 49% N=281 100% N=572 Campaigned or advocated for an issue, cause or candidate 75% N=425 25% N=142 100% N=566 Contacted the City of Clearwater (in-person, phone, email or web) for help or information 54% N=309 46% N=265 100% N=573 Contacted Clearwater elected officials (in-person, phone, email or web) to express your opinion 80% N=456 20% N=116 100% N=572 Table 44: Question 8 In the last 12 months, about how many times, if at all, have you or other household members done each of the following in Clearwater? 2 times a week or more 2-4 times a month Once a month or less Not at all Total Used Clearwater recreation centers or their services 16% N=89 16% N=89 23% N=130 46% N=263 100% N=571 Visited a neighborhood park or City park 22% N=127 27% N=152 32% N=184 19% N=107 100% N=569 Used Clearwater public libraries or their services 8% N=44 20% N=117 23% N=133 49% N=281 100% N=575 Attended a City-sponsored event 3% N=16 6% N=35 40% N=229 51% N=291 100% N=570 Carpooled with other adults or children instead of driving alone 10% N=55 13% N=76 12% N=68 65% N=365 100% N=565 Walked or biked instead of driving 16% N=92 19% N=106 22% N=124 43% N=241 100% N=563 Volunteered your time to some group/activity in Clearwater 8% N=44 13% N=72 14% N=82 65% N=372 100% N=570 Participated in a club 6% N=33 7% N=37 12% N=66 76% N=429 100% N=565 Talked to or visited with your immediate neighbors 43% N=249 29% N=168 17% N=96 11% N=61 100% N=574 Done a favor for a neighbor 24% N=136 23% N=129 36% N=206 17% N=100 100% N=571 Table 45: Question 9 Thinking about local public meetings (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.), in the last 12 months, about how many times, if at all, have you or other household members attended or watched a local public meeting? 2 times a week or more 2-4 times a month Once a month or less Not at all Total Attended a local public meeting 0% N=1 2% N=10 18% N=100 80% N=458 100% N=569 Watched (online or on television) a local public meeting 2% N=13 6% N=35 17% N=95 75% N=426 100% N=569 Table 46: Question 10 Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Don't know Total Police services 31% N=173 42% N=238 13% N=73 4% N=25 10% N=59 100% N=568 Fire services 39% N=222 35% N=197 8% N=43 0% N=2 18% N=102 100% N=567 Ambulance or emergency medical services 37% N=209 32% N=179 6% N=33 1% N=8 24% N=134 100% N=564 Crime prevention 14% N=79 37% N=205 19% N=109 7% N=37 23% N=131 100% N=563 Fire prevention and education 14% N=80 33% N=185 12% N=70 4% N=20 37% N=207 100% N=563 Traffic enforcement 15% N=85 37% N=210 24% N=133 12% N=65 12% N=67 100% N=560 Street repair 9% N=51 35% N=199 34% N=193 19% N=110 3% N=15 100% N=568 Street cleaning 14% N=82 47% N=264 24% N=137 9% N=52 6% N=33 100% N=568 The National Citizen Survey™ 14 Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Don't know Total Sidewalk maintenance 10% N=56 36% N=206 31% N=176 16% N=90 6% N=36 100% N=564 Traffic signal timing 6% N=33 32% N=178 36% N=204 25% N=138 1% N=7 100% N=560 Garbage collection 29% N=167 47% N=269 15% N=83 5% N=29 3% N=19 100% N=567 Recycling 32% N=182 41% N=234 8% N=46 12% N=69 7% N=37 100% N=569 Yard waste pick-up 25% N=140 37% N=206 16% N=93 4% N=25 18% N=100 100% N=564 Storm drainage 15% N=87 36% N=205 22% N=126 14% N=77 12% N=67 100% N=562 Drinking water 13% N=75 33% N=188 27% N=152 21% N=121 5% N=31 100% N=566 Sewer services 13% N=73 43% N=239 21% N=116 6% N=32 18% N=98 100% N=557 Clearwater Gas utility 11% N=61 38% N=213 25% N=139 7% N=40 19% N=107 100% N=561 Utility billing 8% N=46 25% N=140 10% N=58 4% N=23 52% N=294 100% N=561 City parks 28% N=155 46% N=256 15% N=82 3% N=15 10% N=54 100% N=562 Recreation programs or classes 16% N=90 27% N=149 14% N=76 2% N=10 42% N=233 100% N=559 Recreation centers or facilities 20% N=113 32% N=177 15% N=84 2% N=12 31% N=171 100% N=557 Land use, planning and zoning 9% N=50 19% N=105 20% N=114 15% N=84 37% N=207 100% N=560 Code enforcement (weeds, abandoned buildings, etc.) 10% N=55 23% N=128 23% N=128 17% N=93 28% N=159 100% N=563 Economic development 10% N=53 25% N=136 26% N=142 11% N=61 29% N=163 100% N=554 Public library services 28% N=159 32% N=178 11% N=61 2% N=9 28% N=157 100% N=563 Public information services 17% N=91 31% N=172 17% N=94 4% N=21 31% N=170 100% N=547 Cable television 9% N=52 29% N=162 26% N=146 17% N=97 19% N=109 100% N=565 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 19% N=105 38% N=213 17% N=94 6% N=31 21% N=121 100% N=564 Clearwater open space 10% N=57 30% N=169 29% N=162 10% N=56 20% N=114 100% N=558 City-sponsored special events 15% N=80 37% N=203 18% N=99 7% N=36 24% N=129 100% N=547 Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 21% N=119 43% N=240 20% N=111 3% N=20 13% N=72 100% N=562 Recreation trails 26% N=119 42% N=191 16% N=74 2% N=7 15% N=69 100% N=461 Table 47: Question 11 Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don't know Total The City of Clearwater 16% N=92 55% N=310 17% N=98 5% N=26 7% N=42 100% N=567 The Federal Government 6% N=33 27% N=153 38% N=216 15% N=84 14% N=78 100% N=563 Table 48: Question 12 Please rate the following categories of Clearwater government performance: Excellent Good Fair Poor Don't know Total The value of services for the taxes paid to Clearwater 10% N=55 37% N=209 31% N=175 10% N=59 12% N=65 100% N=564 The overall direction that Clearwater is taking 11% N=63 35% N=196 32% N=179 11% N=64 11% N=61 100% N=563 The job Clearwater government does at welcoming citizen involvement 9% N=53 28% N=158 26% N=148 11% N=61 25% N=142 100% N=562 Overall confidence in Clearwater government 8% N=47 34% N=188 31% N=174 13% N=71 14% N=80 100% N=561 Generally acting in the best interest of the community 8% N=46 33% N=183 33% N=183 13% N=70 14% N=78 100% N=561 Being honest 9% N=50 30% N=165 25% N=138 11% N=64 25% N=138 100% N=555 Treating all residents fairly 9% N=51 30% N=166 26% N=146 12% N=69 23% N=127 100% N=560 The National Citizen Survey™ 15 Table 49: Question 13 Please rate how important, if at all, you think it is for the Clearwater community to focus on each of the following in the coming two years: Essential Very important Somewhat important Not at all important Total Overall feeling of safety in Clearwater 57% N=330 36% N=208 7% N=39 0% N=1 100% N=577 Overall ease of getting to the places you usually have to visit 43% N=245 42% N=241 14% N=77 1% N=7 100% N=571 Quality of overall natural environment in Clearwater 44% N=252 41% N=232 15% N=83 1% N=3 100% N=571 Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 32% N=182 44% N=253 22% N=123 2% N=11 100% N=569 Health and wellness opportunities in Clearwater 30% N=171 48% N=275 19% N=108 3% N=17 100% N=571 Overall opportunities for education and enrichment 35% N=196 42% N=237 22% N=125 2% N=9 100% N=567 Overall economic health of Clearwater 46% N=260 46% N=260 8% N=48 0% N=2 100% N=569 Sense of community 28% N=157 45% N=258 26% N=147 1% N=6 100% N=568 Table 50: Question 14 Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: Major source Minor source Not a source Total City website (www.myclearwater.com) 58% N=322 29% N=160 13% N=74 100% N=556 Local media outlets (newspapers, radio, local television stations) 55% N=308 34% N=189 11% N=63 100% N=559 The local government cable channel CView 16% N=91 38% N=210 46% N=253 100% N=554 City newsletter in the water bill 31% N=170 35% N=192 35% N=193 100% N=554 City Council meetings and other public meetings 21% N=113 37% N=203 43% N=235 100% N=551 Talking with City officials 21% N=114 34% N=187 45% N=243 100% N=544 City communications via social media (i.e. Facebook, Twitter, and YouTube) 34% N=187 28% N=154 38% N=209 100% N=551 Word-of-mouth 35% N=197 38% N=213 26% N=145 100% N=555 Table 51: Question 15 Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? Very likely Somewhat likely Somewhat unlikely Very unlikely Total Community exercise classes 18% N=102 24% N=132 18% N=99 40% N=220 100% N=554 Music and concerts 52% N=289 32% N=180 6% N=33 10% N=59 100% N=561 Art events 36% N=201 34% N=189 16% N=88 14% N=81 100% N=559 Activities for children 23% N=128 18% N=102 14% N=79 45% N=253 100% N=562 Playground 19% N=109 15% N=86 18% N=99 48% N=269 100% N=563 A boathouse 15% N=81 18% N=99 20% N=108 48% N=262 100% N=550 Addition of a Bluff Walk pedestrian trail to the park 38% N=215 32% N=182 10% N=57 19% N=109 100% N=563 Table 52: Question 16 Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? Very likely Somewhat likely Somewhat unlikely Very unlikely Total Restaurants 55% N=317 30% N=171 5% N=30 9% N=53 100% N=571 Shops 40% N=228 32% N=183 14% N=77 14% N=77 100% N=565 Brew pubs 37% N=208 19% N=108 14% N=80 30% N=168 100% N=563 Special events and festivals 55% N=313 27% N=155 7% N=38 10% N=58 100% N=565 The National Citizen Survey™ 16 Table 53: Question 17 How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area? Percent Number I am familiar 16% N=91 I have heard of it, but am not very familiar 33% N=191 Not at all familiar 51% N=288 Total 100% N=571 Table 54: Question 18 Please indicate your level of support for the Imagine Clearwater plan: Percent Number Strongly support 37% N=94 Somewhat support 36% N=92 Somewhat oppose 4% N=9 Strongly oppose 4% N=9 Don't know 20% N=52 Total 100% N=256 This question was only asked of residents who indicated they were either familiar or had heard of the Imagine Clearwater plan. Table 55: Question 19 The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these? Percent Number Very likely 34% N=193 Somewhat likely 33% N=188 Somewhat unlikely 5% N=30 Very unlikely 9% N=51 Don't know 18% N=99 Total 100% N=561 Table 56: Question D1 How often, if at all, do you do each of the following, considering all of the times you could? Never Rarely Sometimes Usually Always Total Recycle at home 8% N=47 5% N=30 10% N=59 17% N=100 59% N=337 100% N=573 Purchase goods or services from a business located in Clearwater 1% N=7 2% N=12 15% N=84 47% N=267 35% N=201 100% N=570 Eat at least 5 portions of fruits and vegetables a day 5% N=30 14% N=77 38% N=214 25% N=140 18% N=103 100% N=565 Participate in moderate or vigorous physical activity 4% N=22 12% N=65 35% N=197 30% N=166 20% N=112 100% N=564 Read or watch local news (via television, paper, computer, etc.) 5% N=27 8% N=46 17% N=99 27% N=154 42% N=241 100% N=567 Vote in local elections 14% N=81 7% N=41 13% N=71 13% N=75 53% N=299 100% N=567 Table 57: Question D2 Would you say that in general your health is: Percent Number Excellent 23% N=130 Very good 38% N=220 Good 30% N=171 Fair 8% N=48 Poor 1% N=4 The National Citizen Survey™ 17 Would you say that in general your health is: Percent Number Total 100% N=574 Table 58: Question D3 What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Percent Number Very positive 9% N=53 Somewhat positive 24% N=137 Neutral 46% N=264 Somewhat negative 17% N=94 Very negative 4% N=21 Total 100% N=569 Table 59: Question D4 What is your employment status? Percent Number Working full time for pay 57% N=324 Working part time for pay 8% N=44 Unemployed, looking for paid work 3% N=19 Unemployed, not looking for paid work 1% N=7 Fully retired 31% N=175 Total 100% N=570 Table 60: Question D5 Do you work inside the boundaries of Clearwater? Percent Number Yes, outside the home 36% N=193 Yes, from home 9% N=51 No 55% N=298 Total 100% N=541 Table 61: Question D6 How many years have you lived in Clearwater? Percent Number Less than 2 years 20% N=114 2 to 5 years 19% N=110 6 to 10 years 13% N=75 11 to 20 years 17% N=100 More than 20 years 30% N=175 Total 100% N=573 Table 62: Question D7 Which best describes the building you live in? Percent Number One family house detached from any other houses 47% N=270 Building with two or more homes (duplex, townhome, apartment or condominium) 48% N=273 Mobile home 3% N=17 Other 3% N=15 Total 100% N=574 The National Citizen Survey™ 18 The National Citizen Survey™ 19 Table 63: Question D8 Is this house, apartment or mobile home... Percent Number Rented 40% N=227 Owned 60% N=347 Total 100% N=574 Table 64: Question D9 About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? Percent Number Less than $300 per month 4% N=23 $300 to $599 per month 11% N=60 $600 to $999 per month 27% N=150 $1,000 to $1,499 per month 29% N=160 $1,500 to $2,499 per month 18% N=99 $2,500 or more per month 10% N=56 Total 100% N=548 Table 65: Question D10 Do any children 17 or under live in your household? Percent Number No 79% N=452 Yes 21% N=122 Total 100% N=575 Table 66: Question D11 Are you or any other members of your household aged 65 or older? Percent Number No 64% N=367 Yes 36% N=206 Total 100% N=574 Table 67: Question D12 How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) Percent Number Less than $25,000 14% N=76 $25,000 to $49,999 29% N=156 $50,000 to $99,999 29% N=155 $100,000 to $149,999 17% N=95 $150,000 or more 11% N=59 Total 100% N=541 Table 68: Question D13 Are you Spanish, Hispanic or Latino? Percent Number No, not Spanish, Hispanic or Latino 88% N=495 Yes, I consider myself to be Spanish, Hispanic or Latino 12% N=64 Total 100% N=560 The National Citizen Survey™ 20 Table 69: Question D14 What is your race? (Mark one or more races to indicate what race(s) you consider yourself to be.) Percent Number American Indian or Alaskan Native 1% N=6 Asian, Asian Indian or Pacific Islander 4% N=20 Black or African American 6% N=35 White 82% N=464 Other 9% N=52 Total may exceed 100% as respondents could select more than one option. Table 70: Question D15 In which category is your age? Percent Number 18 to 24 years 6% N=36 25 to 34 years 17% N=99 35 to 44 years 10% N=59 45 to 54 years 22% N=126 55 to 64 years 14% N=78 65 to 74 years 16% N=93 75 years or older 14% N=78 Total 100% N=570 Table 71: Question D16 What is your sex? Percent Number Female 52% N=296 Male 48% N=268 Total 100% N=565 Table 72: Question D17 Do you consider a cell phone or landline your primary telephone number? Percent Number Cell 71% N=407 Land line 14% N=82 Both 14% N=81 Total 100% N=570 The National Citizen Survey™ 21 Appendix B: Benchmark Comparisons Comparison Data NRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 500 communities whose residents evaluated the same kinds of topics on The National Citizen Survey™. The comparison evaluations are from the most recent survey completed in each community; most communities conduct surveys every year or in alternating years. NRC adds the latest results quickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent a wide geographic and population range. The City of Clearwater chose to have comparisons made to the entire database and a subset of jurisdictions from the database (communities with populations between 64,000 and 149,999). Interpreting the Results Ratings are compared when there are at least five communities in which a similar question was asked. Where comparisons are available, four columns are provided in the table. The first column is Clearwater’s “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., “excellent” and “good,” “very safe” and “somewhat safe,” etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month. The second column is the rank assigned to Clearwater’s rating among communities where a similar question was asked. The third column is the number of communities that asked a similar question. The final column shows the comparison of Clearwater’s rating to the benchmark. In that final column, Clearwater’s results are noted as being “higher” than the benchmark, “lower” than the benchmark or “similar” to the benchmark, meaning that the average rating given by Clearwater residents is statistically similar to or different (greater or lesser) than the benchmark. More extreme differences are noted as “much higher” or “much lower.” Benchmark Database Characteristics Region Percent New England 3% Middle Atlantic 5% East North Central 15% West North Central 13% South Atlantic 22% East South Central 3% West South Central 7% Mountain 16% Pacific 16% Population Percent Less than 10,000 10% 10,000 to 24,999 22% 25,000 to 49,999 23% 50,000 to 99,999 22% 100,000 or more 23% The National Citizen Survey™ 22 National Benchmark Comparisons Table 73: Community Characteristics General Percent positive Rank Number of communities in comparison Comparison to benchmark The overall quality of life in Clearwater 84% 211 440 Similar Overall image or reputation of Clearwater 69% 194 328 Similar Clearwater as a place to live 90% 192 375 Similar Your neighborhood as a place to live 80% 166 294 Similar Clearwater as a place to raise children 71% 258 365 Similar Clearwater as a place to retire 81% 46 339 Higher Overall appearance of Clearwater 75% 177 342 Similar Table 74: Community Characteristics by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Overall feeling of safety in Clearwater 71% 226 313 Similar In your neighborhood during the day 91% 238 339 Similar In Clearwater's downtown/commercial area during the day 74% 257 294 Lower Mobility Overall ease of getting to the places you usually have to visit 59% 189 221 Similar Availability of paths and walking trails 65% 143 295 Similar Ease of walking in Clearwater 52% 198 280 Similar Ease of travel by bicycle in Clearwater 43% 187 283 Similar Ease of travel by public transportation in Clearwater 27% 136 187 Similar Ease of travel by car in Clearwater 45% 237 284 Lower Ease of public parking 32% 153 184 Lower Traffic flow on major streets 34% 260 330 Similar Natural Environment Quality of overall natural environment in Clearwater 70% 181 258 Similar Cleanliness of Clearwater 73% 163 265 Similar Air quality 74% 145 224 Similar Built Environment Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 50% 157 210 Similar Overall quality of new development in Clearwater 43% 209 269 Similar Availability of affordable quality housing 38% 160 284 Similar Public places where people want to spend time 67% 113 202 Similar Economy Overall economic health of Clearwater 64% 114 216 Similar Vibrant downtown/commercial area 33% 151 194 Lower Overall quality of business and service establishments in Clearwater 65% 138 252 Similar Cost of living in Clearwater 43% 117 213 Similar Shopping opportunities 77% 52 275 Higher Employment opportunities 47% 106 294 Similar Clearwater as a place to visit 90% 24 230 Much higher Clearwater as a place to work 69% 127 340 Similar Recreation and Wellness Health and wellness opportunities in Clearwater 70% 109 211 Similar Availability of affordable quality mental health care 43% 108 184 Similar Availability of preventive health services 67% 98 215 Similar Availability of affordable quality health care 64% 114 241 Similar Availability of affordable quality food 71% 65 216 Similar Recreational opportunities 76% 94 281 Similar Fitness opportunities (including exercise classes and paths or trails, etc.) 72% 97 202 Similar The National Citizen Survey™ 23 Percent positive Rank Number of communities in comparison Comparison to benchmark Education and Enrichment Overall opportunities for education and enrichment 60% 151 212 Similar Opportunities to attend cultural/arts/music activities 66% 114 279 Similar Adult educational opportunities 55% 126 190 Similar K-12 education 57% 195 252 Lower Availability of affordable quality child care/preschool 51% 106 231 Similar Community Engagement Opportunities to participate in social events and activities 60% 134 241 Similar Neighborliness of Clearwater 55% 156 205 Similar Openness and acceptance of the community toward people of diverse backgrounds 58% 168 274 Similar Opportunities to participate in community matters 62% 153 253 Similar Opportunities to volunteer 76% 103 245 Similar Table 75: Governance General Percent positive Rank Number of communities in comparison Comparison to benchmark Services provided by the City of Clearwater 77% 221 415 Similar Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 73% 184 356 Similar Value of services for the taxes paid to Clearwater 53% 184 384 Similar Overall direction that Clearwater is taking 52% 181 298 Similar Job Clearwater government does at welcoming citizen involvement 50% 159 300 Similar Overall confidence in Clearwater government 49% 132 214 Similar Generally acting in the best interest of the community 48% 139 214 Similar Being honest 52% 133 207 Similar Treating all residents fairly 50% 127 212 Similar Services provided by the Federal Government 38% 99 230 Similar Table 76: Governance by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Police/Sheriff services 81% 198 442 Similar Fire services 90% 152 364 Similar Ambulance or emergency medical services 90% 132 333 Similar Crime prevention 66% 210 338 Similar Fire prevention and education 75% 184 266 Similar Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 72% 75 259 Similar Mobility Traffic enforcement 60% 223 354 Similar Street repair 45% 222 382 Similar Street cleaning 65% 161 304 Similar Sidewalk maintenance 50% 185 305 Similar Traffic signal timing 38% 216 244 Similar Natural Environment Garbage collection 79% 242 344 Similar Recycling 78% 212 342 Similar Yard waste pick-up 75% 126 259 Similar Drinking water 49% 277 310 Lower Clearwater open space 51% 142 192 Similar Built Environment Storm drainage 59% 222 337 Similar Sewer services 68% 243 309 Similar Power (electric and/or gas) utility 60% 150 158 Lower The National Citizen Survey™ 24 Percent positive Rank Number of communities in comparison Comparison to benchmark Utility billing 70% 110 186 Similar Land use, planning and zoning 44% 168 286 Similar Code enforcement (weeds, abandoned buildings, etc.) 45% 223 372 Similar Cable television 47% 122 187 Similar Economy Economic development 48% 155 266 Similar Recreation and Wellness City parks 81% 159 311 Similar Recreation programs or classes 74% 110 309 Similar Recreation centers or facilities 75% 78 260 Similar Education and Enrichment City-sponsored special events 68% 118 232 Similar Public library services 83% 159 328 Similar Community Engagement Public information services 70% 98 265 Similar Table 77: Participation General Percent positive Rank Number of communities in comparison Comparison to benchmark Sense of community 46% 247 294 Similar Recommend living in Clearwater to someone who asks 88% 146 265 Similar Remain in Clearwater for the next five years 85% 113 256 Similar Contacted Clearwater (in-person, phone, email or web) for help or information 46% 134 295 Similar Table 78: Participation by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Stocked supplies in preparation for an emergency 49% 25 185 Higher Did NOT report a crime to the police 75% 148 208 Similar Household member was NOT a victim of a crime 88% 146 255 Similar Mobility Carpooled with other adults or children instead of driving alone 35% 172 196 Similar Walked or biked instead of driving 57% 91 203 Similar Natural Environment Made efforts to conserve water 91% 23 191 Similar Made efforts to make your home more energy efficient 75% 112 191 Similar Recycle at home 87% 143 237 Similar Built Environment Did NOT observe a code violation or other hazard in Clearwater 54% 104 198 Similar NOT experiencing housing costs stress 69% 119 235 Similar Economy Purchase goods or services from a business located in Clearwater 97% 116 201 Similar Economy will have positive impact on income 33% 63 236 Similar Work inside boundaries of Clearwater 45% 75 202 Similar Recreation and Wellness Used Clearwater recreation centers or their services 54% 148 219 Similar Visited a neighborhood park or City park 81% 173 250 Similar Eat at least 5 portions of fruits and vegetables a day 81% 124 193 Similar Participate in moderate or vigorous physical activity 84% 108 197 Similar In very good to excellent health 61% 107 197 Similar Education and Enrichment Used Clearwater public libraries or their services 51% 201 225 Lower The National Citizen Survey™ 25 Percent positive Rank Number of communities in comparison Comparison to benchmark Attended City-sponsored event 49% 139 203 Similar Community Engagement Campaigned or advocated for an issue, cause or candidate 25% 70 184 Similar Contacted Clearwater elected officials (in- person, phone, email or web) to express your opinion 20% 52 200 Similar Volunteered your time to some group/activity in Clearwater 35% 154 243 Similar Participated in a club 24% 132 219 Similar Talked to or visited with your immediate neighbors 89% 137 197 Similar Done a favor for a neighbor 83% 90 192 Similar Attended a local public meeting 20% 139 243 Similar Watched (online or on television) a local public meeting 25% 80 207 Similar Read or watch local news (via television, paper, computer, etc.) 87% 86 202 Similar Vote in local elections 79% 175 237 Similar Communities included in national comparisons The communities included in Clearwater’s comparisons are listed on the following pages along with their population according to the 2010 Census. Adams County, CO .................................................. 441,603 Airway Heights city, WA ............................................. 6,114 Albany city, OR ........................................................ 50,158 Albemarle County, VA............................................... 98,970 Albert Lea city, MN ................................................... 18,016 Alexandria city, VA .................................................. 139,966 Algonquin village, IL ................................................. 30,046 Aliso Viejo city, CA ................................................... 47,823 Altoona city, IA ........................................................ 14,541 American Canyon city, CA ......................................... 19,454 Ames city, IA ........................................................... 58,965 Andover CDP, MA ....................................................... 8,762 Ankeny city, IA ........................................................ 45,582 Ann Arbor city, MI ................................................... 113,934 Annapolis city, MD ................................................... 38,394 Apache Junction city, AZ........................................... 35,840 Arapahoe County, CO .............................................. 572,003 Arkansas City city, AR.................................................... 366 Arlington city, TX .................................................... 365,438 Arvada city, CO ....................................................... 106,433 Asheville city, NC ..................................................... 83,393 Ashland city, OR ...................................................... 20,078 Ashland town, MA .................................................... 16,593 Ashland town, VA ....................................................... 7,225 Aspen city, CO ........................................................... 6,658 Athens-Clarke County, GA........................................ 115,452 Auburn city, AL ........................................................ 53,380 Augusta CCD, GA .................................................... 134,777 Aurora city, CO ....................................................... 325,078 Austin city, TX ........................................................ 790,390 Avon town, CO........................................................... 6,447 Avon town, IN ......................................................... 12,446 Avondale city, AZ ..................................................... 76,238 Azusa city, CA .......................................................... 46,361 Bainbridge Island city, WA ........................................ 23,025 Baltimore city, MD ................................................... 620,961 Bartonville town, TX ................................................... 1,469 Battle Creek city, MI ................................................. 52,347 Bay City city, MI ....................................................... 34,932 Bay Village city, OH .................................................. 15,651 Baytown city, TX ...................................................... 71,802 Bedford city, TX ....................................................... 46,979 Bedford town, MA .................................................... 13,320 Bellevue city, WA .................................................... 122,363 Bellingham city, WA ................................................. 80,885 Benbrook city, TX ..................................................... 21,234 Bend city, OR........................................................... 76,639 Bettendorf city, IA .................................................... 33,217 Billings city, MT ....................................................... 104,170 Blaine city, MN ......................................................... 57,186 Bloomfield Hills city, MI .............................................. 3,869 Bloomington city, IN................................................. 80,405 Bloomington city, MN ............................................... 82,893 Blue Springs city, MO ............................................... 52,575 Boise City city, ID.................................................... 205,671 Bonner Springs city, KS .............................................. 7,314 Boone County, KY ................................................... 118,811 Boulder city, CO ....................................................... 97,385 Bowling Green city, KY ............................................. 58,067 Bozeman city, MT .................................................... 37,280 Brentwood city, MO .................................................... 8,055 Brentwood city, TN .................................................. 37,060 Brighton city, CO ...................................................... 33,352 Brighton city, MI ........................................................ 7,444 Bristol city, TN ......................................................... 26,702 Broken Arrow city, OK .............................................. 98,850 Brookfield city, WI ................................................... 37,920 Brookline CDP, MA ................................................... 58,732 Brooklyn Center city, MN .......................................... 30,104 Brooklyn city, OH ..................................................... 11,169 Broomfield city, CO .................................................. 55,889 Brownsburg town, IN ............................................... 21,285 The National Citizen Survey™ 26 Burien city, WA ........................................................ 33,313 Burleson city, TX ...................................................... 36,690 Burlingame city, CA .................................................. 28,806 Cabarrus County, NC ............................................... 178,011 Cambridge city, MA ................................................. 105,162 Cannon Beach city, OR ............................................... 1,690 Cañon City city, CO .................................................. 16,400 Canton city, SD .......................................................... 3,057 Cape Coral city, FL .................................................. 154,305 Cape Girardeau city, MO ........................................... 37,941 Carlisle borough, PA ................................................. 18,682 Carlsbad city, CA ..................................................... 105,328 Carroll city, IA .......................................................... 10,103 Cartersville city, GA .................................................. 19,731 Cary town, NC ........................................................ 135,234 Castine town, ME ....................................................... 1,366 Castle Pines North city, CO ....................................... 10,360 Castle Rock town, CO ............................................... 48,231 Cedar Hill city, TX .................................................... 45,028 Cedar Rapids city, IA ............................................... 126,326 Celina city, TX ............................................................ 6,028 Centennial city, CO.................................................. 100,377 Chandler city, AZ .................................................... 236,123 Chandler city, TX ....................................................... 2,734 Chanhassen city, MN ................................................ 22,952 Chapel Hill town, NC ................................................ 57,233 Charles County, MD................................................. 146,551 Charlotte city, NC .................................................... 731,424 Charlotte County, FL ............................................... 159,978 Charlottesville city, VA .............................................. 43,475 Chattanooga city, TN............................................... 167,674 Chautauqua town, NY ................................................ 4,464 Chesterfield County, VA ........................................... 316,236 Citrus Heights city, CA .............................................. 83,301 Clackamas County, OR ............................................ 375,992 Clarendon Hills village, IL ........................................... 8,427 Clayton city, MO ...................................................... 15,939 Clearwater city, FL .................................................. 107,685 Cleveland Heights city, OH........................................ 46,121 Clinton city, SC .......................................................... 8,490 Clive city, IA ............................................................ 15,447 Clovis city, CA .......................................................... 95,631 College Park city, MD ............................................... 30,413 College Station city, TX ............................................ 93,857 Colleyville city, TX .................................................... 22,807 Columbia city, MO ................................................... 108,500 Columbia city, SC .................................................... 129,272 Columbia Falls city, MT ............................................... 4,688 Concord city, CA ..................................................... 122,067 Concord town, MA.................................................... 17,668 Coon Rapids city, MN ............................................... 61,476 Copperas Cove city, TX............................................. 32,032 Coral Springs city, FL............................................... 121,096 Coronado city, CA .................................................... 18,912 Corvallis city, OR ...................................................... 54,462 Cottonwood Heights city, UT .................................... 33,433 Creve Coeur city, MO ............................................... 17,833 Cross Roads town, TX ................................................ 1,563 Dacono city, CO ......................................................... 4,152 Dade City city, FL ....................................................... 6,437 Dakota County, MN ................................................. 398,552 Dallas city, OR ......................................................... 14,583 Dallas city, TX ...................................................... 1,197,816 Danville city, KY ....................................................... 16,218 Dardenne Prairie city, MO ......................................... 11,494 Darien city, IL .......................................................... 22,086 Davenport city, FL ...................................................... 2,888 Davenport city, IA .................................................... 99,685 Davidson town, NC................................................... 10,944 Dayton city, OH ...................................................... 141,527 Dayton town, WY .......................................................... 757 Decatur city, GA ....................................................... 19,335 Del Mar city, CA ......................................................... 4,161 DeLand city, FL ........................................................ 27,031 Delaware city, OH .................................................... 34,753 Delray Beach city, FL ................................................ 60,522 Denison city, TX ....................................................... 22,682 Denton city, TX ....................................................... 113,383 Denver city, CO....................................................... 600,158 Derby city, KS .......................................................... 22,158 Des Moines city, IA ................................................. 203,433 Des Peres city, MO ..................................................... 8,373 Destin city, FL .......................................................... 12,305 Dothan city, AL ........................................................ 65,496 Douglas County, CO ................................................ 285,465 Dover city, NH ......................................................... 29,987 Dublin city, CA ......................................................... 46,036 Dublin city, OH ........................................................ 41,751 Duluth city, MN ........................................................ 86,265 Durham city, NC ..................................................... 228,330 Durham County, NC ................................................ 267,587 Eagan city, MN......................................................... 64,206 Eagle Mountain city, UT ............................................ 21,415 Eagle town, CO .......................................................... 6,508 East Grand Forks city, MN........................................... 8,601 East Lansing city, MI ................................................ 48,579 Eau Claire city, WI ................................................... 65,883 Eden Prairie city, MN ................................................ 60,797 Edgerton city, KS ....................................................... 1,671 Edgewater city, CO .................................................... 5,170 Edina city, MN ......................................................... 47,941 Edmond city, OK ...................................................... 81,405 Edmonds city, WA .................................................... 39,709 El Cerrito city, CA ..................................................... 23,549 El Dorado County, CA .............................................. 181,058 Elk Grove city, CA ................................................... 153,015 Elko New Market city, MN ........................................... 4,110 Elmhurst city, IL....................................................... 44,121 Encinitas city, CA ..................................................... 59,518 Englewood city, CO .................................................. 30,255 Erie town, CO .......................................................... 18,135 Escambia County, FL ............................................... 297,619 Estes Park town, CO ................................................... 5,858 Euclid city, OH ......................................................... 48,920 Fairview town, TX ...................................................... 7,248 Farmersville city, TX ................................................... 3,301 Fayetteville city, NC................................................. 200,564 Fishers town, IN ...................................................... 76,794 Flagstaff city, AZ ...................................................... 65,870 Flower Mound town, TX ............................................ 64,669 Forest Grove city, OR ............................................... 21,083 Fort Collins city, CO ................................................. 143,986 Fort Lauderdale city, FL ........................................... 165,521 Fort Smith city, AR ................................................... 86,209 Franklin city, TN ....................................................... 62,487 Fremont city, CA ..................................................... 214,089 Friendswood city, TX ................................................ 35,805 Fruita city, CO .......................................................... 12,646 Gahanna city, OH ..................................................... 33,248 Gaithersburg city, MD ............................................... 59,933 Galveston city, TX .................................................... 47,743 Gardner city, KS ....................................................... 19,123 Georgetown city, TX ................................................. 47,400 Germantown city, TN ............................................... 38,844 Gilbert town, AZ ...................................................... 208,453 Gillette city, WY ....................................................... 29,087 Glendora city, CA ..................................................... 50,073 Glenview village, IL .................................................. 44,692 Globe city, AZ ............................................................ 7,532 Golden city, CO ........................................................ 18,867 The National Citizen Survey™ 27 Golden Valley city, MN .............................................. 20,371 Goodyear city, AZ .................................................... 65,275 Grafton village, WI ................................................... 11,459 Grand Blanc city, MI ................................................... 8,276 Grants Pass city, OR ................................................. 34,533 Grass Valley city, CA................................................. 12,860 Greeley city, CO ....................................................... 92,889 Greenville city, NC .................................................... 84,554 Greenwich town, CT ................................................. 61,171 Greenwood Village city, CO ....................................... 13,925 Greer city, SC .......................................................... 25,515 Gunnison County, CO ............................................... 15,324 Hailey city, ID ............................................................ 7,960 Haines Borough, AK ................................................... 2,508 Haltom City city, TX ................................................. 42,409 Hamilton city, OH ..................................................... 62,477 Hamilton town, MA..................................................... 7,764 Hanover County, VA ................................................. 99,863 Harrisburg city, SD ..................................................... 4,089 Harrisonburg city, VA ............................................... 48,914 Harrisonville city, MO ............................................... 10,019 Hayward city, CA .................................................... 144,186 Henderson city, NV ................................................. 257,729 Herndon town, VA .................................................... 23,292 High Point city, NC .................................................. 104,371 Highland Park city, IL ............................................... 29,763 Highlands Ranch CDP, CO ........................................ 96,713 Holland city, MI........................................................ 33,051 Homer Glen village, IL .............................................. 24,220 Honolulu County, HI ................................................ 953,207 Hooksett town, NH ................................................... 13,451 Hopkins city, MN ...................................................... 17,591 Hopkinton town, MA ................................................. 14,925 Hoquiam city, WA ...................................................... 8,726 Horry County, SC .................................................... 269,291 Howard village, WI................................................... 17,399 Hudson city, OH ....................................................... 22,262 Hudson town, CO ....................................................... 2,356 Huntley village, IL .................................................... 24,291 Hurst city, TX........................................................... 37,337 Hutchinson city, MN ................................................. 14,178 Hutto city, TX .......................................................... 14,698 Independence city, MO............................................ 116,830 Indianola city, IA ..................................................... 14,782 Indio city, CA ........................................................... 76,036 Iowa City city, IA ..................................................... 67,862 Irving city, TX ......................................................... 216,290 Issaquah city, WA .................................................... 30,434 Jackson County, MI ................................................. 160,248 James City County, VA ............................................. 67,009 Jefferson County, NY ............................................... 116,229 Jefferson Parish, LA................................................. 432,552 Johnson City city, TN................................................ 63,152 Johnston city, IA ...................................................... 17,278 Jupiter town, FL ....................................................... 55,156 Kalamazoo city, MI ................................................... 74,262 Kansas City city, KS ................................................. 145,786 Kansas City city, MO................................................ 459,787 Keizer city, OR ......................................................... 36,478 Kenmore city, WA .................................................... 20,460 Kennedale city, TX ..................................................... 6,763 Kennett Square borough, PA ....................................... 6,072 Kent city, WA ........................................................... 92,411 Kerrville city, TX ....................................................... 22,347 Kettering city, OH .................................................... 56,163 Key West city, FL ..................................................... 24,649 King City city, CA ..................................................... 12,874 King County, WA .................................................. 1,931,249 Kirkland city, WA...................................................... 48,787 Kirkwood city, MO .................................................... 27,540 Knoxville city, IA ........................................................ 7,313 La Mesa city, CA ...................................................... 57,065 La Plata town, MD ...................................................... 8,753 La Porte city, TX ...................................................... 33,800 La Vista city, NE ....................................................... 15,758 Lafayette city, CO .................................................... 24,453 Laguna Beach city, CA .............................................. 22,723 Laguna Niguel city, CA ............................................. 62,979 Lake Forest city, IL................................................... 19,375 Lake in the Hills village, IL ........................................ 28,965 Lake Oswego city, OR .............................................. 36,619 Lake Stevens city, WA .............................................. 28,069 Lake Worth city, FL .................................................. 34,910 Lake Zurich village, IL .............................................. 19,631 Lakeville city, MN ..................................................... 55,954 Lakewood city, CO .................................................. 142,980 Lakewood city, WA ................................................... 58,163 Lane County, OR ..................................................... 351,715 Lansing city, MI ...................................................... 114,297 Laramie city, WY ...................................................... 30,816 Larimer County, CO ................................................. 299,630 Las Cruces city, NM .................................................. 97,618 Las Vegas city, NV .................................................. 583,756 Lawrence city, KS..................................................... 87,643 Lawrenceville city, GA .............................................. 28,546 Lee's Summit city, MO .............................................. 91,364 Lehi city, UT ............................................................ 47,407 Lenexa city, KS ........................................................ 48,190 Lewis County, NY ..................................................... 27,087 Lewiston city, ID ...................................................... 31,894 Lewisville city, TX ..................................................... 95,290 Lewisville town, NC .................................................. 12,639 Libertyville village, IL................................................ 20,315 Lincoln city, NE ....................................................... 258,379 Lindsborg city, KS ...................................................... 3,458 Little Chute village, WI ............................................. 10,449 Littleton city, CO ...................................................... 41,737 Livermore city, CA .................................................... 80,968 Lombard village, IL .................................................. 43,165 Lone Tree city, CO ................................................... 10,218 Long Grove village, IL ................................................ 8,043 Longmont city, CO ................................................... 86,270 Longview city, TX ..................................................... 80,455 Lonsdale city, MN ....................................................... 3,674 Los Alamos County, NM ............................................ 17,950 Los Altos Hills town, CA .............................................. 7,922 Louisville city, CO ..................................................... 18,376 Lower Merion township, PA....................................... 57,825 Lynchburg city, VA ................................................... 75,568 Lynnwood city, WA .................................................. 35,836 Macomb County, MI ................................................ 840,978 Manassas city, VA .................................................... 37,821 Manhattan Beach city, CA ......................................... 35,135 Manhattan city, KS ................................................... 52,281 Mankato city, MN ..................................................... 39,309 Maple Grove city, MN ............................................... 61,567 Maricopa County, AZ ............................................ 3,817,117 Marion city, IA ......................................................... 34,768 Marshfield city, WI ................................................... 19,118 Martinez city, CA ...................................................... 35,824 Marysville city, WA ................................................... 60,020 Matthews town, NC .................................................. 27,198 McAllen city, TX ...................................................... 129,877 McKinney city, TX.................................................... 131,117 McMinnville city, OR ................................................. 32,187 Menlo Park city, CA .................................................. 32,026 Menomonee Falls village, WI .................................... 35,626 Mercer Island city, WA ............................................. 22,699 Meridian charter township, MI .................................. 39,688 Meridian city, ID ...................................................... 75,092 The National Citizen Survey™ 28 Merriam city, KS....................................................... 11,003 Mesa city, AZ .......................................................... 439,041 Mesa County, CO .................................................... 146,723 Miami Beach city, FL ................................................ 87,779 Miami city, FL ......................................................... 399,457 Middleton city, WI .................................................... 17,442 Midland city, MI ....................................................... 41,863 Milford city, DE .......................................................... 9,559 Milton city, GA ......................................................... 32,661 Minneapolis city, MN ............................................... 382,578 Missouri City city, TX ................................................ 67,358 Modesto city, CA ..................................................... 201,165 Monterey city, CA ..................................................... 27,810 Montgomery city, MN ................................................. 2,956 Monticello city, UT...................................................... 1,972 Montrose city, CO .................................................... 19,132 Monument town, CO .................................................. 5,530 Mooresville town, NC ................................................ 32,711 Moraga town, CA ..................................................... 16,016 Morristown city, TN .................................................. 29,137 Morrisville town, NC ................................................. 18,576 Morro Bay city, CA ................................................... 10,234 Mountain Village town, CO .......................................... 1,320 Mountlake Terrace city, WA ...................................... 19,909 Murphy city, TX........................................................ 17,708 Naperville city, IL .................................................... 141,853 Napoleon city, OH ...................................................... 8,749 Needham CDP, MA ................................................... 28,886 Nevada City city, CA ................................................... 3,068 Nevada County, CA .................................................. 98,764 New Braunfels city, TX ............................................. 57,740 New Brighton city, MN .............................................. 21,456 New Hanover County, NC ........................................ 202,667 New Hope city, MN .................................................. 20,339 New Orleans city, LA ............................................... 343,829 New Port Richey city, FL ........................................... 14,911 New Smyrna Beach city, FL ...................................... 22,464 New Ulm city, MN .................................................... 13,522 Newberg city, OR ..................................................... 22,068 Newport city, RI ....................................................... 24,672 Newport News city, VA ............................................ 180,719 Newton city, IA ........................................................ 15,254 Noblesville city, IN ................................................... 51,969 Nogales city, AZ ....................................................... 20,837 Norcross city, GA ....................................................... 9,116 Norfolk city, VA ....................................................... 242,803 North Mankato city, MN ............................................ 13,394 North Port city, FL .................................................... 57,357 North Richland Hills city, TX ...................................... 63,343 North Yarmouth town, ME .......................................... 3,565 Novato city, CA ........................................................ 51,904 Novi city, MI ............................................................ 55,224 O'Fallon city, IL ........................................................ 28,281 O'Fallon city, MO ...................................................... 79,329 Oak Park village, IL .................................................. 51,878 Oakland city, CA ..................................................... 390,724 Oakley city, CA ........................................................ 35,432 Oklahoma City city, OK ............................................ 579,999 Olathe city, KS ........................................................ 125,872 Old Town city, ME ...................................................... 7,840 Olmsted County, MN ............................................... 144,248 Olympia city, WA ..................................................... 46,478 Orland Park village, IL .............................................. 56,767 Orleans Parish, LA ................................................... 343,829 Oshkosh city, WI ...................................................... 66,083 Oshtemo charter township, MI .................................. 21,705 Oswego village, IL.................................................... 30,355 Otsego County, MI ................................................... 24,164 Ottawa County, MI .................................................. 263,801 Paducah city, KY ...................................................... 25,024 Palm Beach Gardens city, FL ..................................... 48,452 Palm Coast city, FL ................................................... 75,180 Palo Alto city, CA ..................................................... 64,403 Palos Verdes Estates city, CA .................................... 13,438 Papillion city, NE ...................................................... 18,894 Paradise Valley town, AZ .......................................... 12,820 Park City city, UT ....................................................... 7,558 Parker town, CO ...................................................... 45,297 Parkland city, FL ...................................................... 23,962 Pasco city, WA ......................................................... 59,781 Pasco County, FL .................................................... 464,697 Payette city, ID .......................................................... 7,433 Pearland city, TX ...................................................... 91,252 Peoria city, AZ ........................................................ 154,065 Peoria city, IL ......................................................... 115,007 Pflugerville city, TX .................................................. 46,936 Phoenix city, AZ ................................................... 1,445,632 Pinehurst village, NC ................................................ 13,124 Piqua city, OH .......................................................... 20,522 Pitkin County, CO ..................................................... 17,148 Plano city, TX ......................................................... 259,841 Platte City city, MO..................................................... 4,691 Pleasant Hill city, IA ................................................... 8,785 Pleasanton city, CA .................................................. 70,285 Plymouth city, MN .................................................... 70,576 Polk County, IA ....................................................... 430,640 Pompano Beach city, FL ........................................... 99,845 Port Orange city, FL ................................................. 56,048 Portland city, OR ..................................................... 583,776 Post Falls city, ID ..................................................... 27,574 Powell city, OH ........................................................ 11,500 Prince William County, VA........................................ 402,002 Prior Lake city, MN ................................................... 22,796 Pueblo city, CO ....................................................... 106,595 Purcellville town, VA ................................................... 7,727 Queen Creek town, AZ ............................................. 26,361 Raleigh city, NC ...................................................... 403,892 Ramsey city, MN ...................................................... 23,668 Raymond town, ME .................................................... 4,436 Raymore city, MO .................................................... 19,206 Redmond city, OR .................................................... 26,215 Redmond city, WA ................................................... 54,144 Reno city, NV .......................................................... 225,221 Reston CDP, VA ....................................................... 58,404 Richland city, WA ..................................................... 48,058 Richmond Heights city, MO ......................................... 8,603 Rio Rancho city, NM ................................................. 87,521 River Falls city, WI ................................................... 15,000 Riverside city, CA .................................................... 303,871 Riverside city, MO ...................................................... 2,937 Roanoke city, VA ...................................................... 97,032 Roanoke County, VA ................................................ 92,376 Rochester Hills city, MI ............................................. 70,995 Rock Hill city, SC ...................................................... 66,154 Rockville city, MD ..................................................... 61,209 Roeland Park city, KS ................................................. 6,731 Rogers city, MN ......................................................... 8,597 Rohnert Park city, CA ............................................... 40,971 Rolla city, MO .......................................................... 19,559 Roselle village, IL ..................................................... 22,763 Rosemount city, MN ................................................. 21,874 Rosenberg city, TX ................................................... 30,618 Roseville city, MN ..................................................... 33,660 Round Rock city, TX ................................................. 99,887 Royal Oak city, MI .................................................... 57,236 Saco city, ME ........................................................... 18,482 Sahuarita town, AZ .................................................. 25,259 Salida city, CO ........................................................... 5,236 Sammamish city, WA................................................ 45,780 San Anselmo town, CA ............................................. 12,336 The National Citizen Survey™ 29 San Carlos city, CA ................................................... 28,406 San Diego city, CA ............................................... 1,307,402 San Francisco city, CA ............................................. 805,235 San Jose city, CA .................................................... 945,942 San Juan County, NM .............................................. 130,044 San Marcos city, CA.................................................. 83,781 San Marcos city, TX .................................................. 44,894 San Rafael city, CA ................................................... 57,713 Sanford city, FL ........................................................ 53,570 Sangamon County, IL .............................................. 197,465 Santa Clarita city, CA ............................................... 176,320 Santa Fe city, NM ..................................................... 67,947 Santa Fe County, NM .............................................. 144,170 Santa Monica city, CA ............................................... 89,736 Sarasota County, FL ................................................ 379,448 Savage city, MN ....................................................... 26,911 Schaumburg village, IL ............................................. 74,227 Schertz city, TX ........................................................ 31,465 Scott County, MN .................................................... 129,928 Scottsdale city, AZ .................................................. 217,385 Seaside city, CA ....................................................... 33,025 Sevierville city, TN.................................................... 14,807 Shakopee city, MN ................................................... 37,076 Sharonville city, OH .................................................. 13,560 Shawnee city, KS ..................................................... 62,209 Shawnee city, OK ..................................................... 29,857 Sherborn town, MA .................................................... 4,119 Shoreview city, MN .................................................. 25,043 Shorewood village, IL ............................................... 15,615 Shorewood village, WI ............................................. 13,162 Sierra Vista city, AZ .................................................. 43,888 Silverton city, OR ....................................................... 9,222 Sioux Center city, IA .................................................. 7,048 Sioux Falls city, SD .................................................. 153,888 Skokie village, IL ...................................................... 64,784 Snellville city, GA ..................................................... 18,242 Snoqualmie city, WA ................................................ 10,670 Somerset town, MA .................................................. 18,165 South Jordan city, UT ............................................... 50,418 South Lake Tahoe city, CA ........................................ 21,403 Southlake city, TX .................................................... 26,575 Spearfish city, SD ..................................................... 10,494 Spring Hill city, KS ...................................................... 5,437 Springboro city, OH .................................................. 17,409 Springfield city, MO ................................................. 159,498 Springville city, UT ................................................... 29,466 St. Augustine city, FL ............................................... 12,975 St. Charles city, IL .................................................... 32,974 St. Cloud city, FL ...................................................... 35,183 St. Cloud city, MN .................................................... 65,842 St. Joseph city, MO .................................................. 76,780 St. Joseph town, WI ................................................... 3,842 St. Louis County, MN ............................................... 200,226 State College borough, PA ........................................ 42,034 Steamboat Springs city, CO ...................................... 12,088 Sterling Heights city, MI .......................................... 129,699 Sugar Grove village, IL ............................................... 8,997 Sugar Land city, TX .................................................. 78,817 Suisun City city, CA .................................................. 28,111 Summit city, NJ........................................................ 21,457 Summit County, UT .................................................. 36,324 Summit village, IL .................................................... 11,054 Sunnyvale city, CA .................................................. 140,081 Surprise city, AZ...................................................... 117,517 Suwanee city, GA ..................................................... 15,355 Tacoma city, WA ..................................................... 198,397 Takoma Park city, MD .............................................. 16,715 Tamarac city, FL ...................................................... 60,427 Temecula city, CA ................................................... 100,097 Tempe city, AZ ....................................................... 161,719 Temple city, TX ........................................................ 66,102 Texarkana city, TX ................................................... 36,411 The Woodlands CDP, TX ........................................... 93,847 Thousand Oaks city, CA ........................................... 126,683 Tigard city, OR ......................................................... 48,035 Tracy city, CA .......................................................... 82,922 Trinidad CCD, CO ..................................................... 12,017 Tualatin city, OR ...................................................... 26,054 Tulsa city, OK ......................................................... 391,906 Twin Falls city, ID .................................................... 44,125 Tyler city, TX ........................................................... 96,900 University Heights city, OH ....................................... 13,539 University Park city, TX............................................. 23,068 Upper Arlington city, OH ........................................... 33,771 Urbandale city, IA .................................................... 39,463 Vail town, CO............................................................. 5,305 Vancouver city, WA ................................................. 161,791 Ventura CCD, CA ..................................................... 111,889 Vernon Hills village, IL .............................................. 25,113 Vestavia Hills city, AL ............................................... 34,033 Victoria city, MN ......................................................... 7,345 Vienna town, VA ...................................................... 15,687 Virginia Beach city, VA............................................. 437,994 Walnut Creek city, CA ............................................... 64,173 Washington County, MN .......................................... 238,136 Washington town, NH ................................................ 1,123 Washoe County, NV ................................................ 421,407 Washougal city, WA ................................................. 14,095 Wauwatosa city, WI ................................................. 46,396 Waverly city, IA ......................................................... 9,874 Weddington town, NC ................................................ 9,459 Wentzville city, MO................................................... 29,070 West Carrollton city, OH ........................................... 13,143 West Chester borough, PA ........................................ 18,461 West Des Moines city, IA .......................................... 56,609 Western Springs village, IL ....................................... 12,975 Westerville city, OH .................................................. 36,120 Westlake town, TX ........................................................ 992 Westminster city, CO ............................................... 106,114 Weston town, MA ..................................................... 11,261 White House city, TN................................................ 10,255 Wichita city, KS ....................................................... 382,368 Williamsburg city, VA................................................ 14,068 Willowbrook village, IL ............................................... 8,540 Wilmington city, NC................................................. 106,476 Wilsonville city, OR................................................... 19,509 Windsor town, CO .................................................... 18,644 Windsor town, CT .................................................... 29,044 Winnetka village, IL ................................................. 12,187 Winter Garden city, FL .............................................. 34,568 Woodbury city, MN................................................... 61,961 Woodland city, CA .................................................... 55,468 Wrentham town, MA ................................................ 10,955 Wyandotte County, KS ............................................ 157,505 Yakima city, WA ....................................................... 91,067 York County, VA....................................................... 65,464 Yorktown town, IN ..................................................... 9,405 Yorkville city, IL ....................................................... 16,921 Yountville city, CA ...................................................... 2,933 The National Citizen Survey™ 30 Population 64,000 to 149,999 Benchmark Comparisons Table 79: Community Characteristics General Percent positive Rank Number of communities in comparison Comparison to benchmark The overall quality of life in Clearwater 84% 42 95 Similar Overall image or reputation of Clearwater 69% 40 68 Similar Clearwater as a place to live 90% 43 87 Similar Your neighborhood as a place to live 80% 35 65 Similar Clearwater as a place to raise children 71% 57 81 Similar Clearwater as a place to retire 81% 7 75 Higher Overall appearance of Clearwater 75% 31 69 Similar Table 80: Community Characteristics by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Overall feeling of safety in Clearwater 71% 46 68 Similar In your neighborhood during the day 91% 50 78 Similar In Clearwater's downtown/commercial area during the day 74% 54 65 Similar Mobility Overall ease of getting to the places you usually have to visit 59% 42 49 Similar Availability of paths and walking trails 65% 27 66 Similar Ease of walking in Clearwater 52% 33 58 Similar Ease of travel by bicycle in Clearwater 43% 32 60 Similar Ease of travel by public transportation in Clearwater 27% 32 44 Similar Ease of travel by car in Clearwater 45% 47 61 Similar Ease of public parking 32% 29 38 Similar Traffic flow on major streets 34% 59 71 Similar Natural Environment Quality of overall natural environment in Clearwater 70% 38 57 Similar Cleanliness of Clearwater 73% 28 59 Similar Air quality 74% 29 52 Similar Built Environment Overall "built environment" of Clearwater (including overall design, buildings, parks and transportation systems) 50% 35 49 Similar Overall quality of new development in Clearwater 43% 43 57 Similar Availability of affordable quality housing 38% 33 61 Similar Public places where people want to spend time 67% 26 45 Similar Economy Overall economic health of Clearwater 64% 27 51 Similar Vibrant downtown/commercial area 33% 34 41 Lower Overall quality of business and service establishments in Clearwater 65% 34 54 Similar Cost of living in Clearwater 43% 32 50 Similar Shopping opportunities 77% 14 57 Similar Employment opportunities 47% 33 65 Similar Clearwater as a place to visit 90% 7 54 Higher Clearwater as a place to work 69% 34 79 Similar Recreation and Wellness Health and wellness opportunities in Clearwater 70% 29 50 Similar Availability of affordable quality mental health care 43% 27 40 Similar Availability of preventive health services 67% 26 44 Similar Availability of affordable quality health care 64% 32 52 Similar Availability of affordable quality food 71% 15 43 Similar Recreational opportunities 76% 23 58 Similar Fitness opportunities (including exercise classes and paths or trails, etc.) 72% 26 46 Similar The National Citizen Survey™ 31 Percent positive Rank Number of communities in comparison Comparison to benchmark Education and Enrichment Overall opportunities for education and enrichment 60% 38 50 Similar Opportunities to attend cultural/arts/music activities 66% 32 64 Similar Adult educational opportunities 55% 33 42 Similar K-12 education 57% 41 55 Similar Availability of affordable quality child care/preschool 51% 18 48 Similar Community Engagement Opportunities to participate in social events and activities 60% 31 53 Similar Neighborliness of Clearwater 55% 36 48 Similar Openness and acceptance of the community toward people of diverse backgrounds 58% 37 59 Similar Opportunities to participate in community matters 62% 34 54 Similar Opportunities to volunteer 76% 25 52 Similar Table 81: Governance General Percent positive Rank Number of communities in comparison Comparison to benchmark Services provided by the City of Clearwater 77% 45 94 Similar Overall customer service by Clearwater employees (police, receptionists, planners, etc.) 73% 33 76 Similar Value of services for the taxes paid to Clearwater 53% 40 86 Similar Overall direction that Clearwater is taking 52% 41 65 Similar Job Clearwater government does at welcoming citizen involvement 50% 34 65 Similar Overall confidence in Clearwater government 49% 27 48 Similar Generally acting in the best interest of the community 48% 30 49 Similar Being honest 52% 29 45 Similar Treating all residents fairly 50% 24 47 Similar Services provided by the Federal Government 38% 29 51 Similar Table 82: Governance by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Police/Sheriff services 81% 31 88 Similar Fire services 90% 26 72 Similar Ambulance or emergency medical services 90% 18 61 Similar Crime prevention 66% 34 73 Similar Fire prevention and education 75% 35 63 Similar Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) 72% 18 55 Similar Mobility Traffic enforcement 60% 34 75 Similar Street repair 45% 36 71 Similar Street cleaning 65% 28 59 Similar Sidewalk maintenance 50% 31 56 Similar Traffic signal timing 38% 48 54 Similar Natural Environment Garbage collection 79% 54 74 Similar Recycling 78% 44 72 Similar Yard waste pick-up 75% 25 56 Similar Drinking water 49% 58 64 Lower Clearwater open space 51% 33 45 Similar Built Environment Storm drainage 59% 41 71 Similar Sewer services 68% 55 66 Similar Power (electric and/or gas) utility 60% 30 31 Similar The National Citizen Survey™ 32 Percent positive Rank Number of communities in comparison Comparison to benchmark Utility billing 70% 20 41 Similar Land use, planning and zoning 44% 35 60 Similar Code enforcement (weeds, abandoned buildings, etc.) 45% 48 81 Similar Cable television 47% 27 44 Similar Economy Economic development 48% 35 57 Similar Recreation and Wellness City parks 81% 33 65 Similar Recreation programs or classes 74% 26 66 Similar Recreation centers or facilities 75% 18 56 Similar Education and Enrichment City-sponsored special events 68% 19 48 Similar Public library services 83% 32 67 Similar Community Engagement Public information services 70% 19 54 Similar Table 83: Participation General Percent positive Rank Number of communities in comparison Comparison to benchmark Sense of community 46% 51 61 Similar Recommend living in Clearwater to someone who asks 88% 29 55 Similar Remain in Clearwater for the next five years 85% 20 56 Similar Contacted Clearwater (in-person, phone, email or web) for help or information 46% 30 68 Similar Table 84: Participation by Facet Percent positive Rank Number of communities in comparison Comparison to benchmark Safety Stocked supplies in preparation for an emergency 49% 2 40 Higher Did NOT report a crime to the police 75% 33 47 Similar Household member was NOT a victim of a crime 88% 26 55 Similar Mobility Carpooled with other adults or children instead of driving alone 35% 41 45 Lower Walked or biked instead of driving 57% 17 47 Similar Natural Environment Made efforts to conserve water 91% 12 42 Similar Made efforts to make your home more energy efficient 75% 26 42 Similar Recycle at home 87% 29 51 Similar Built Environment Did NOT observe a code violation or other hazard in Clearwater 54% 18 45 Similar NOT experiencing housing costs stress 69% 27 51 Similar Economy Purchase goods or services from a business located in Clearwater 97% 33 46 Similar Economy will have positive impact on income 33% 13 52 Similar Work inside boundaries of Clearwater 45% 23 46 Similar Recreation and Wellness Used Clearwater recreation centers or their services 54% 35 47 Similar Visited a neighborhood park or City park 81% 37 54 Similar Eat at least 5 portions of fruits and vegetables a day 81% 31 43 Similar Participate in moderate or vigorous physical activity 84% 28 45 Similar In very good to excellent health 61% 21 44 Similar Education and Enrichment Used Clearwater public libraries or their services 51% 41 48 Lower The National Citizen Survey™ 33 Percent positive Rank Number of communities in comparison Comparison to benchmark Attended City-sponsored event 49% 37 46 Similar Community Engagement Campaigned or advocated for an issue, cause or candidate 25% 21 40 Similar Contacted Clearwater elected officials (in- person, phone, email or web) to express your opinion 20% 12 45 Similar Volunteered your time to some group/activity in Clearwater 35% 40 51 Similar Participated in a club 24% 36 43 Similar Talked to or visited with your immediate neighbors 89% 22 44 Similar Done a favor for a neighbor 83% 14 42 Similar Attended a local public meeting 20% 26 51 Similar Watched (online or on television) a local public meeting 25% 19 44 Similar Read or watch local news (via television, paper, computer, etc.) 87% 22 46 Similar Vote in local elections 79% 36 51 Similar Communities included in population 64,000 to 149,999 comparisons The communities included in Clearwater’s peer comparisons are listed below along with their population according to the 2010 Census. Albemarle County, VA............................................... 98,970 Alexandria city, VA .................................................. 139,966 Ann Arbor city, MI ................................................... 113,934 Arvada city, CO ....................................................... 106,433 Asheville city, NC ..................................................... 83,393 Athens-Clarke County unified government (balance), 115,452 Augusta CCD, GA .................................................... 134,777 Avondale city, AZ ..................................................... 76,238 Baytown city, TX ...................................................... 71,802 Bellevue city, WA .................................................... 122,363 Bellingham city, WA ................................................. 80,885 Bend city, OR........................................................... 76,639 Billings city, MT ....................................................... 104,170 Bloomington city, IN................................................. 80,405 Bloomington city, MN ............................................... 82,893 Boone County, KY ................................................... 118,811 Boulder city, CO ....................................................... 97,385 Broken Arrow city, OK .............................................. 98,850 Cambridge city, MA ................................................. 105,162 Carlsbad city, CA ..................................................... 105,328 Cary town, NC ........................................................ 135,234 Cedar Rapids city, IA ............................................... 126,326 Centennial city, CO.................................................. 100,377 Charles County, MD................................................. 146,551 Citrus Heights city, CA .............................................. 83,301 Clearwater city, FL .................................................. 107,685 Clovis city, CA .......................................................... 95,631 College Station city, TX ............................................ 93,857 Columbia city, MO ................................................... 108,500 Columbia city, SC .................................................... 129,272 Concord city, CA ..................................................... 122,067 Coral Springs city, FL............................................... 121,096 Davenport city, IA .................................................... 99,685 Dayton city, OH ...................................................... 141,527 Denton city, TX ....................................................... 113,383 Dothan city, AL ........................................................ 65,496 Duluth city, MN ........................................................ 86,265 Eagan city, MN......................................................... 64,206 Eau Claire city, WI ................................................... 65,883 Edmond city, OK ...................................................... 81,405 Fishers town, IN ...................................................... 76,794 Flagstaff city, AZ ...................................................... 65,870 Flower Mound town, TX ............................................ 64,669 Fort Collins city, CO ................................................. 143,986 Fort Smith city, AR ................................................... 86,209 Goodyear city, AZ .................................................... 65,275 Greeley city, CO ....................................................... 92,889 Greenville city, NC .................................................... 84,554 Hanover County, VA ................................................. 99,863 Hayward city, CA .................................................... 144,186 High Point city, NC .................................................. 104,371 Highlands Ranch CDP, CO ........................................ 96,713 Independence city, MO............................................ 116,830 Indio city, CA ........................................................... 76,036 Iowa City city, IA ..................................................... 67,862 James City County, VA ............................................. 67,009 Jefferson County, NY ............................................... 116,229 Kalamazoo city, MI ................................................... 74,262 Kansas City city, KS ................................................. 145,786 Kent city, WA ........................................................... 92,411 Lakewood city, CO .................................................. 142,980 Lansing city, MI ...................................................... 114,297 Las Cruces city, NM .................................................. 97,618 Lawrence city, KS..................................................... 87,643 Lee's Summit city, MO .............................................. 91,364 Lewisville city, TX ..................................................... 95,290 Livermore city, CA .................................................... 80,968 Longmont city, CO ................................................... 86,270 Longview city, TX ..................................................... 80,455 Lynchburg city, VA ................................................... 75,568 McAllen city, TX ...................................................... 129,877 McKinney city, TX.................................................... 131,117 The National Citizen Survey™ 34 Meridian city, ID ...................................................... 75,092 Mesa County, CO .................................................... 146,723 Miami Beach city, FL ................................................ 87,779 Missouri City city, TX ................................................ 67,358 Naperville city, IL .................................................... 141,853 Nevada County, CA .................................................. 98,764 O'Fallon city, MO ...................................................... 79,329 Olathe city, KS ........................................................ 125,872 Olmsted County, MN ............................................... 144,248 Oshkosh city, WI ...................................................... 66,083 Palm Coast city, FL ................................................... 75,180 Palo Alto city, CA ..................................................... 64,403 Pearland city, TX ...................................................... 91,252 Peoria city, IL ......................................................... 115,007 Pleasanton city, CA .................................................. 70,285 Plymouth city, MN .................................................... 70,576 Pompano Beach city, FL ........................................... 99,845 Pueblo city, CO ....................................................... 106,595 Rio Rancho city, NM ................................................. 87,521 Roanoke city, VA ...................................................... 97,032 Roanoke County, VA ................................................ 92,376 Rochester Hills city, MI ............................................. 70,995 Rock Hill city, SC ...................................................... 66,154 Round Rock city, TX ................................................. 99,887 San Juan County, NM .............................................. 130,044 San Marcos city, CA.................................................. 83,781 Santa Fe city, NM ..................................................... 67,947 Santa Fe County, NM .............................................. 144,170 Santa Monica city, CA ............................................... 89,736 Schaumburg village, IL ............................................. 74,227 Scott County, MN .................................................... 129,928 Skokie village, IL ...................................................... 64,784 St. Cloud city, MN .................................................... 65,842 St. Joseph city, MO .................................................. 76,780 Sterling Heights city, MI .......................................... 129,699 Sugar Land city, TX .................................................. 78,817 Sunnyvale city, CA .................................................. 140,081 Surprise city, AZ...................................................... 117,517 Temecula city, CA ................................................... 100,097 Temple city, TX ........................................................ 66,102 The Woodlands CDP, TX ........................................... 93,847 Thousand Oaks city, CA ........................................... 126,683 Tracy city, CA .......................................................... 82,922 Tyler city, TX ........................................................... 96,900 Ventura CCD, CA ..................................................... 111,889 Walnut Creek city, CA ............................................... 64,173 Westminster city, CO ............................................... 106,114 Wilmington city, NC................................................. 106,476 Yakima city, WA ....................................................... 91,067 York County, VA....................................................... 65,464 The National Citizen Survey™ 35 Appendix C: Detailed Survey Methods The National Citizen Survey (The NCS™), conducted by National Research Center, Inc., was developed to provide communities an accurate, affordable and easy way to assess and interpret resident opinion about important local topics. Standardization of common questions and survey methods provide the rigor to assure valid results, and each community has enough flexibility to construct a customized version of The NCS. Results offer insight into residents’ perspectives about the community as a whole, including local amenities, services, public trust, resident participation and other aspects of the community in order to support budgeting, land use and strategic planning and communication with residents. Resident demographic characteristics permit comparison to the Census as well as comparison of results for different subgroups of residents. The City of Clearwater funded this research. Please contact Joelle Castelli of the City of Clearwater at joelle.castelli@myClearwater.com if you have any questions about the survey. Survey Validity The question of survey validity has two parts: 1) how can a community be confident that the results from those who completed the questionnaire are representative of the results that would have been obtained had the survey been administered to the entire population? and 2) how closely do the perspectives recorded on the survey reflect what residents really believe or do? To answer the first question, the best survey research practices were used for the resources spent to ensure that the results from the survey respondents reflect the opinions of residents in the entire community. These practices include: • Using a mail-out/mail-back methodology, which typically gets a higher response rate than phone for the same dollars spent. A higher response rate lessens the worry that those who did not respond are different than those who did respond. • Selecting households at random within the community to receive the survey to ensure that the households selected to receive the survey are representative of the larger community. • Over-sampling multi-family housing units to improve response from hard-to-reach, lower income or younger apartment dwellers. • Selecting the respondent within the household using an unbiased sampling procedure; in this case, the “birthday method.” The cover letter included an instruction requesting that the respondent in the household be the adult (18 years old or older) who most recently had a birthday, irrespective of year of birth. • Contacting potential respondents three times to encourage response from people who may have different opinions or habits than those who would respond with only a single prompt. • Inviting response in a compelling manner (using appropriate letterhead/logos and a signature of a visible leader) to appeal to recipients’ sense of civic responsibility. • Providing a pre-addressed, postage-paid return envelope. • Offering the survey in Spanish or other language when requested by a given community. • Weighting the results to reflect the demographics of the population. The answer to the second question about how closely the perspectives recorded on the survey reflect what residents really believe or do is more complex. Resident responses to surveys are influenced by a variety of factors. For questions about service quality, residents’ expectations for service quality play a role as well as the “objective” quality of the service provided, the way the resident perceives the entire community (that is, the context in which the service is provided), the scale on which the resident is asked to record his or her opinion and, of course, the opinion, itself, that a resident holds about the service. Similarly a resident’s report of certain behaviors is colored by what he or she believes is the socially desirable response (e.g., reporting tolerant behaviors toward “oppressed groups,” likelihood of voting for a tax increase for services to poor people, use of alternative modes of travel to work besides the single occupancy vehicle), his or her memory of the actual behavior (if it is not a question speculating about future actions, like a vote), his or her confidence that he or she can be honest without suffering any negative consequences (thus the need for anonymity) as well as the actual behavior itself. How closely survey results come to recording the way a person really feels or behaves often is measured by the coincidence of reported behavior with observed current behavior (e.g., driving habits), reported intentions to behave with observed future behavior (e.g., voting choices) or reported opinions about current community quality The National Citizen Survey™ 36 with objective characteristics of the community (e.g., feelings of safety correlated with rates of crime). There is a body of scientific literature that has investigated the relationship between reported behaviors and actual behaviors. Well-conducted surveys, by and large, do capture true respondent behaviors or intentions to act with great accuracy. Predictions of voting outcomes tend to be quite accurate using survey research, as do reported behaviors that are not about highly sensitive issues (e.g., family abuse or other illegal or morally sanctioned activities). For self-reports about highly sensitive issues, statistical adjustments can be made to correct for the respondents’ tendency to report what they think the “correct” response should be. Research on the correlation of resident opinion about service quality and “objective” ratings of service quality vary, with some showing stronger relationships than others. NRC’s own research has demonstrated that residents who report the lowest ratings of street repair live in communities with objectively worse street conditions than those who report high ratings of street repair (based on road quality, delay in street repair, number of road repair employees). Similarly, the lowest rated fire services appear to be “objectively” worse than the highest rated fire services (expenditures per capita, response time, “professional” status of firefighters, breadth of services and training provided). Resident opinion commonly reflects objective performance data but is an important measure on its own. NRC principals have written, “If you collect trash three times a day but residents think that your trash haul is lousy, you still have a problem.” Selecting Survey Recipients “Sampling” refers to the method by which households were chosen to receive the survey. All households within the City of Clearwater were eligible to participate in the survey. A list of all households within the zip codes serving Clearwater was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since some of the zip codes that serve the City of Clearwater households may also serve addresses that lie outside of the community, the exact geographic location of each housing unit was compared to community boundaries using the most current municipal boundary file (updated on a quarterly basis) and addresses located outside of the City of Clearwater boundaries were removed from consideration. Each address identified as being within City boundaries was further identified as being within one of five geographic areas (Countryside, Clearwater Beach/Island Estates/Sand Key, Downtown and surrounding, Morningside/Central Clearwater and East Clearwater). To choose the 3,000 survey recipients, a systematic sampling method was applied to the list of households previously screened for geographic location. Systematic sampling is a procedure whereby a complete list of all possible households is culled, selecting every Nth one, giving each eligible household a known probability of selection, until the appropriate number of households is selected. Multi-family housing units were selected at a higher rate as residents of this type of housing typically respond at lower rates to surveys than do those in single- family housing units. Figure 1 displays a map of the households selected to receive the survey. In general, because of the random sampling techniques used, the displayed sampling density will closely mirror the overall housing unit density (which may be different from the population density). While the theory of probability assumes no bias in selection, there may be some minor variations in practice (meaning, an area with only 15% of the housing units might be selected at an actual rate that is slightly above or below that). An individual within each household was selected using the birthday method. The birthday method selects a person within the household by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlying assumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction was contained in the cover letter accompanying the questionnaire. The National Citizen Survey™ 37 Figure 1: Location of Survey Recipients The National Citizen Survey™ 38 Survey Administration and Response Selected households received three mailings, one week apart, beginning on May 22, 2017. The first mailing was a prenotification postcard announcing the upcoming survey. The next mailing contained a letter from the City Manager inviting the household to participate, a questionnaire and a postage-paid return envelope. The final mailing contained a reminder letter, another survey and a postage-paid return envelope. The second cover letter asked those who had not completed the survey to do so and those who had already done so to refrain from turning in another survey. The survey was available in English and Spanish. Both cover letters contained paragraphs in Spanish instructing participants to contact the City if they needed a questionnaire in Spanish; respondents could opt to take the survey online as well in their language of preference. The City of Clearwater chose to augment their administration of The NCS with several addition services, including demographic and geographic subgroup comparisons, custom benchmark comparison and an increased sample size. The results of these additional services have been provided under separate cover. Completed surveys were collected over the following seven weeks. About 10% of the 3,000 surveys mailed were returned because the housing unit was vacant or the postal service was unable to deliver the survey as addressed. Of the remaining 2,702 households that received the survey, 580 completed the survey, providing an overall response rate of 21%. Of the 580 completed surveys, 33 were completed online; all 33 online surveys were completed in English. Additionally, responses were tracked by geographic area; response rates by area ranged from 17% to 32%. The response rates were calculated using AAPOR’s response rate #21 for mailed surveys of unnamed persons. Table 85: Survey Response Rates by Area Countryside Clearwater Beach/ Island Estates/ Sand Key Downtown and surrounding Morningside/ Central Clearwater East Clearwater Overall Total sample used 518 407 928 672 475 3,000 I=Complete Interviews 128 89 160 105 94 576 P=Partial Interviews 0 1 2 1 0 4 R=Refusal and break off 0 0 0 0 0 0 NC=Non Contact 0 0 0 0 0 0 O=Other 0 0 0 0 0 0 UH=Unknown household 0 0 0 0 0 0 UO=Unknown other 362 229 709 508 351 2,126 Response rate: (I+P)/(I+P) + (R+NC+O) + (UH+UO) 26% 32% 19% 17% 21% 21% Confidence Intervals It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying “confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidence interval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinions are relied on to estimate all residents’ opinions.2 The margin of error for the City of Clearwater survey is no greater than plus or minus four percentage points around any given percent reported for all respondents (580 completed surveys). For subgroups of responses, the margin of error increases because the number of respondents for the subgroup is smaller. For subgroups of approximately 100 respondents, the margin of error is plus or minus 10 percentage points. 1 See AAPOR’s Standard Definitions here: http://www.aapor.org/Standards-Ethics/Standard-Definitions-(1).aspx for more information 2 A 95% confidence interval indicates that for every 100 random samples of this many residents, 95 of the confidence intervals created will include the “true” population response. This theory is applied in practice to mean that the “true” perspective of the target population lies within the confidence interval created for a single survey. For example, if 75% of residents rate a service as “excellent” or “good,” then the 4% margin of error (for the 95% confidence interval) indicates that the range of likely responses for the entire community is between 71% and 79%. This source of uncertainty is called sampling error. In addition to sampling error, other sources of error may affect any survey, including the non-response of residents with opinions different from survey responders. Though standardized on The NCS, on other surveys, differences in question wording, order, translation and data entry, as examples, can lead to somewhat varying results. The National Citizen Survey™ 39 Survey Processing (Data Entry) Upon receipt, completed surveys were assigned a unique identification number. Additionally, each survey was reviewed and “cleaned” as necessary. For example, a question may have asked a respondent to pick two items out of a list of five, but the respondent checked three; in this case, NRC would use protocols to randomly choose two of the three selected items for inclusion in the dataset. All surveys then were entered twice into an electronic dataset; any discrepancies were resolved in comparison to the original survey form. Range checks as well as other forms of quality control were also performed. NRC used Qualtrics, a web-based survey and analytics platform, to collect the online survey data. Use of an online system means all collected data are entered into the dataset when the respondents submit the surveys. Skip patterns are programmed into system so respondents are automatically “skipped” to the appropriate question based on the individual responses being given. Online programming also allows for more rigid control of the data format, making extensive data cleaning unnecessary. A series of quality control checks were also performed in order to ensure the integrity of the web data. Steps may include and not be limited to reviewing the data for clusters of repeat IP addresses and time stamps (indicating duplicate responses) and removing empty submissions (questionnaires submitted with no questions answered). Survey Data Weighting The demographic characteristics of the survey respondents were compared to those found in the 2010 Census and American Community Survey estimates for adults in the City of Clearwater. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were housing tenure (rent or own), housing unit type (attached or detached), ethnicity, sex, age and area. No adjustments were made for design effects. The results of the weighting scheme are presented in the following table. Table 86: Clearwater, FL 2017 Weighting Table Characteristic Population Norm Unweighted Data Weighted Data Housing Rent home 41% 21% 40% Own home 59% 79% 60% Detached unit 49% 56% 50% Attached unit 51% 44% 50% Race and Ethnicity White 83% 85% 81% Not white 17% 15% 19% Not Hispanic 88% 95% 88% Hispanic 12% 5% 12% Sex and Age Female 52% 56% 52% Male 48% 44% 48% 18-34 years of age 25% 6% 24% 35-54 years of age 33% 19% 33% 55+ years of age 41% 74% 44% Females 18-34 13% 4% 15% Females 35-54 17% 11% 16% Females 55+ 23% 41% 21% Males 18-34 13% 2% 9% Males 35-54 16% 9% 16% Males 55+ 19% 33% 22% AREA Countryside 17% 22% 17% Clearwater Beach/ Island Estates/ Sand Key 14% 16% 14% Downtown and surrounding 30% 28% 30% Morningside/Central Clearwater 24% 18% 23% East Clearwater 15% 16% 16% The National Citizen Survey™ 40 Survey Data Analysis and Reporting The survey dataset was analyzed using the Statistical Package for the Social Sciences (SPSS). For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., “excellent” and “good,” “very safe” and “somewhat safe,” “essential” and “very important,” etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in Appendix A. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. The National Citizen Survey™ 41 Appendix D: Survey Materials Dear Clearwater Resident, It won’t take much of your time to make a big difference! Your household has been randomly selected to participate in a survey about your community. Your survey will arrive in a few days. Thank you for helping create a bright and beautiful city from bay to beach! Sincerely, Estimado Residente de Clearwater, ¡No le tomará mucho de su tiempo para hacer una gran diferencia! Su hogar ha sido elegido al azar para participar en una encuesta sobre su comunidad. Su encuesta le llegará en unos días. ¡Gracias por ayudar a crear una ciudad brillante y hermosa de la bahia a la playa! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad Dear Clearwater Resident, It won’t take much of your time to make a big difference! Your household has been randomly selected to participate in a survey about your community. Your survey will arrive in a few days. Thank you for helping create a bright and beautiful city from bay to beach! Sincerely, Estimado Residente de Clearwater, ¡No le tomará mucho de su tiempo para hacer una gran diferencia! Su hogar ha sido elegido al azar para participar en una encuesta sobre su comunidad. Su encuesta le llegará en unos días. ¡Gracias por ayudar a crear una ciudad brillante y hermosa de la bahia a la playa! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad Dear Clearwater Resident, It won’t take much of your time to make a big difference! Your household has been randomly selected to participate in a survey about your community. Your survey will arrive in a few days. Thank you for helping create a bright and beautiful city from bay to beach! Sincerely, Estimado Residente de Clearwater, ¡No le tomará mucho de su tiempo para hacer una gran diferencia! Su hogar ha sido elegido al azar para participar en una encuesta sobre su comunidad. Su encuesta le llegará en unos días. ¡Gracias por ayudar a crear una ciudad brillante y hermosa de la bahia a la playa! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad Dear Clearwater Resident, It won’t take much of your time to make a big difference! Your household has been randomly selected to participate in a survey about your community. Your survey will arrive in a few days. Thank you for helping create a bright and beautiful city from bay to beach! Sincerely, Estimado Residente de Clearwater, ¡No le tomará mucho de su tiempo para hacer una gran diferencia! Su hogar ha sido elegido al azar para participar en una encuesta sobre su comunidad. Su encuesta le llegará en unos días. ¡Gracias por ayudar a crear una ciudad brillante y hermosa de la bahia a la playa! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad Presorted First Class Mail US Postage PAID Boulder, CO Permit NO. 94 City of Clearwater Office of the City Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Presorted First Class Mail US Postage PAID Boulder, CO Permit NO. 94 City of Clearwater Office of the City Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Presorted First Class Mail US Postage PAID Boulder, CO Permit NO. 94 City of Clearwater Office of the City Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Presorted First Class Mail US Postage PAID Boulder, CO Permit NO. 94 City of Clearwater Office of the City Manager Post Office Box 4748 Clearwater, Florida 33758-4748 May 2017 Dear City of Clearwater Resident: Please help us shape the future of bright and beautiful Clearwater! You have been selected at random to participate in the 2017 Clearwater Citizen Survey. Please take a few minutes to fill out the enclosed survey. Your participation in this survey is very important – especially since your household is one of only a small number of households being surveyed. Your feedback will help Clearwater make decisions that affect our city. A few things to remember: • Your responses are completely anonymous. • In order to hear from a diverse group of residents, the adult 18 years or older in your household who most recently had a birthday should complete this survey. • You may return the survey by mail in the enclosed postage-paid envelope, or you can complete the survey online at: bit.ly/2qsDcMf If you have any questions about the survey please call 727-562-4881. Thank you for your time and participation! Sincerely, Estimado Residente de la Ciudad de Clearwater: ¡Por favor ayúdenos a moldear el futuro de una brillante y hermosa Clearwater! Usted ha sido seleccionado al azar para participar en la Encuesta de Ciudadanos de Clearwater del 2017. Por favor tome unos pocos minutos para completar la encuesta adjunta, si usted preferiría completar la encuesta en español, por favor siga las instrucciones abajo para acceder a la encuesta en español por medio de la red. Su participación en esta encuesta es muy importante – especialmente porque su hogar es uno de solamente un número pequeño de hogares que se están encuestando. Sus observaciones le ayudarán a Clearwater tomar decisiones que afectarán a nuestra ciudad. Algunas cosas para recordar: • Sus respuestas son completamente anónimas. • Para poder escuchar a un grupo diverso de residentes, el adulto de 18 años o más en su hogar que haya celebrado su cumpleaños más recientemente debe completar esta encuesta. • Puede devolver la encuesta por correo en el sobre pre-pagado adjunto, o puede completar la encuesta en español en la página de internet: bit.ly/2qsDcMf Para la versión en español haga clic en “Español” en la esquina superior a mano derecha. Si tiene alguna pregunta sobre la encuesta por favor llame al 727-562-4550. ¡Gracias por su tiempo y participación! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad June 2017 Dear City of Clearwater Resident: Here’s a second chance if you haven’t already responded to the 2017 Clearwater Citizen Survey! (If you completed it and sent it back, we thank you for your time and ask you to recycle this survey. Please do not respond twice.) Please help us shape the future of bright and beautiful Clearwater! You have been selected at random to participate in the 2017 Clearwater Citizen Survey. Please take a few minutes to fill out the enclosed survey. Your participation in this survey is very important – especially since your household is one of only a small number of households being surveyed. Your feedback will help Clearwater make decisions that affect our city. A few things to remember: • Your responses are completely anonymous. • In order to hear from a diverse group of residents, the adult 18 years or older in your household who most recently had a birthday should complete this survey. • You may return the survey by mail in the enclosed postage-paid envelope, or you can complete the survey online at: bit.ly/2qsDcMf If you have any questions about the survey please call 727-562-4881. Thank you for your time and participation! Sincerely, Estimado Residente de la Ciudad de Clearwater: ¡Aquí tiene una segunda oportunidad si usted aún no ha respondido a la Encuesta de Ciudadanos de Clearwater del 2017! (Si usted la completó y la devolvió, le damos las gracias por su tiempo y le pedimos que recicle esta encuesta. Por favor no responda dos veces.) ¡Por favor ayúdenos a moldear el futuro de una brillante y hermosa Clearwater! Usted ha sido seleccionado al azar para participar en la Encuesta de Ciudadanos de Clearwater del 2017. Por favor tome unos pocos minutos para completar la encuesta adjunta, si usted preferiría completar la encuesta en español, por favor siga las instrucciones abajo para acceder a la encuesta en español por medio de la red. Su participación en esta encuesta es muy importante – especialmente porque su hogar es uno de solamente un número pequeño de hogares que se están encuestando. Sus observaciones le ayudarán a Clearwater tomar decisiones que afectarán a nuestra ciudad. Algunas cosas para recordar: • Sus respuestas son completamente anónimas. • Para poder escuchar a un grupo diverso de residentes, el adulto de 18 años o más en su hogar que haya celebrado su cumpleaños más recientemente debe completar esta encuesta. • Puede devolver la encuesta por correo en el sobre pre-pagado adjunto, o puede completar la encuesta en español en la página de internet: bit.ly/2qsDcMf Para la versión en español haga clic en “Español” en la esquina superior a mano derecha. Si tiene alguna pregunta sobre la encuesta por favor llame al 727- 562-4550. ¡Gracias por su tiempo y participación! Atentamente, William B. Horne II City Manager/Administrador de la Ciudad The City of Clearwater 2017 Citizen Survey Page 1 of 5 Please complete this questionnaire if you are the adult (age 18 or older) in the household who most recently had a birthday. The adult’s year of birth does not matter. Please select the response (by circling the number or checking the box) that most closely represents your opinion for each question. Your responses are anonymous and will be reported in group form only. 1. Please rate each of the following aspects of quality of life in Clearwater: Excellent Good Fair Poor Don’t know Clearwater as a place to live ............................................................................1 2 3 4 5 Your neighborhood as a place to live ...............................................................1 2 3 4 5 Clearwater as a place to raise children .............................................................1 2 3 4 5 Clearwater as a place to work ..........................................................................1 2 3 4 5 Clearwater as a place to visit ............................................................................1 2 3 4 5 Clearwater as a place to retire..........................................................................1 2 3 4 5 The overall quality of life in Clearwater ...........................................................1 2 3 4 5 2. Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don’t know Overall feeling of safety in Clearwater .............................................................1 2 3 4 5 Overall ease of getting to the places you usually have to visit ...........................1 2 3 4 5 Quality of overall natural environment in Clearwater ......................................1 2 3 4 5 Overall “built environment” of Clearwater (including overall design, buildings, parks and transportation systems) .................................................1 2 3 4 5 Health and wellness opportunities in Clearwater .............................................1 2 3 4 5 Overall opportunities for education and enrichment ........................................1 2 3 4 5 Overall economic health of Clearwater ............................................................1 2 3 4 5 Sense of community ........................................................................................1 2 3 4 5 Overall image or reputation of Clearwater ......................................................1 2 3 4 5 3. Please indicate how likely or unlikely you are to do each of the following: Very Somewhat Somewhat Very Don’t likely likely unlikely unlikely know Recommend living in Clearwater to someone who asks ........................ 1 2 3 4 5 Remain in Clearwater for the next five years ........................................ 1 2 3 4 5 4. Please rate how safe or unsafe you feel: Very Somewhat Neither safe Somewhat Very Don’t safe safe nor unsafe unsafe unsafe know In your neighborhood during the day .................................. 1 2 3 4 5 6 In Clearwater’s downtown/commercial area during the day ........................................................... 1 2 3 4 5 6 5. Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don’t know Traffic flow on major streets ............................................................................1 2 3 4 5 Ease of public parking .....................................................................................1 2 3 4 5 Ease of travel by car in Clearwater ..................................................................1 2 3 4 5 Ease of travel by public transportation in Clearwater .......................................1 2 3 4 5 Ease of travel by bicycle in Clearwater .............................................................1 2 3 4 5 Ease of walking in Clearwater ..........................................................................1 2 3 4 5 Availability of paths and walking trails .............................................................1 2 3 4 5 Air quality .......................................................................................................1 2 3 4 5 Cleanliness of Clearwater ................................................................................1 2 3 4 5 Overall appearance of Clearwater ...................................................................1 2 3 4 5 Public places where people want to spend time ................................................1 2 3 4 5 Availability of affordable quality housing .........................................................1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.)...........1 2 3 4 5 Recreational opportunities ...............................................................................1 2 3 4 5 Availability of affordable quality food ..............................................................1 2 3 4 5 Availability of affordable quality health care ....................................................1 2 3 4 5 Availability of preventive health services ..........................................................1 2 3 4 5 Availability of affordable quality mental health care ........................................1 2 3 4 5 The National Citizen Survey™ • © 2001-2017 National Research Center, Inc. Page 2 of 5 6. Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don’t know Availability of affordable quality child care/preschool .....................................1 2 3 4 5 K-12 education................................................................................................1 2 3 4 5 Adult educational opportunities .......................................................................1 2 3 4 5 Opportunities to attend cultural/arts/music activities ......................................1 2 3 4 5 Employment opportunities ..............................................................................1 2 3 4 5 Shopping opportunities....................................................................................1 2 3 4 5 Cost of living in Clearwater .............................................................................1 2 3 4 5 Overall quality of business and service establishments in Clearwater................1 2 3 4 5 Vibrant downtown/commercial area ...............................................................1 2 3 4 5 Overall quality of new development in Clearwater ..........................................1 2 3 4 5 Opportunities to participate in social events and activities................................1 2 3 4 5 Opportunities to volunteer ...............................................................................1 2 3 4 5 Opportunities to participate in community matters ..........................................1 2 3 4 5 Openness and acceptance of the community toward people of diverse backgrounds .....................................................................................1 2 3 4 5 Neighborliness of residents in Clearwater ........................................................1 2 3 4 5 7. Please indicate whether or not you have done each of the following in the last 12 months. No Yes Made efforts to conserve water ........................................................................................................................... 1 2 Made efforts to make your home more energy efficient ....................................................................................... 1 2 Observed a code violation or other hazard in Clearwater (weeds, abandoned buildings, etc.) .............................. 1 2 Household member was a victim of a crime in Clearwater.................................................................................. 1 2 Reported a crime to the police in Clearwater ...................................................................................................... 1 2 Stocked supplies in preparation for an emergency .............................................................................................. 1 2 Campaigned or advocated for an issue, cause or candidate ................................................................................. 1 2 Contacted the City of Clearwater (in-person, phone, email or web) for help or information ................................ 1 2 Contacted Clearwater elected officials (in-person, phone, email or web) to express your opinion ........................ 1 2 8. In the last 12 months, about how many times, if at all, have you or other household members done each of the following in Clearwater? 2 times a 2-4 times Once a month Not week or more a month or less at all Used Clearwater recreation centers or their services ....................................................... 1 2 3 4 Visited a neighborhood park or City park ....................................................................... 1 2 3 4 Used Clearwater public libraries or their services ............................................................ 1 2 3 4 Attended a City-sponsored event .................................................................................... 1 2 3 4 Carpooled with other adults or children instead of driving alone .................................... 1 2 3 4 Walked or biked instead of driving .................................................................................. 1 2 3 4 Volunteered your time to some group/activity in Clearwater ......................................... 1 2 3 4 Participated in a club ...................................................................................................... 1 2 3 4 Talked to or visited with your immediate neighbors ........................................................ 1 2 3 4 Done a favor for a neighbor ............................................................................................ 1 2 3 4 9. Thinking about local public meetings (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.), in the last 12 months, about how many times, if at all, have you or other household members attended or watched a local public meeting? 2 times a 2-4 times Once a month Not week or more a month or less at all Attended a local public meeting ..................................................................................... 1 2 3 4 Watched (online or on television) a local public meeting ................................................. 1 2 3 4 The City of Clearwater 2017 Citizen Survey Page 3 of 5 10. Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Don’t know Police services ..................................................................................................1 2 3 4 5 Fire services .....................................................................................................1 2 3 4 5 Ambulance or emergency medical services ......................................................1 2 3 4 5 Crime prevention ............................................................................................1 2 3 4 5 Fire prevention and education .........................................................................1 2 3 4 5 Traffic enforcement .........................................................................................1 2 3 4 5 Street repair ....................................................................................................1 2 3 4 5 Street cleaning .................................................................................................1 2 3 4 5 Sidewalk maintenance .....................................................................................1 2 3 4 5 Traffic signal timing ........................................................................................1 2 3 4 5 Garbage collection...........................................................................................1 2 3 4 5 Recycling.........................................................................................................1 2 3 4 5 Yard waste pick-up ..........................................................................................1 2 3 4 5 Storm drainage ................................................................................................1 2 3 4 5 Drinking water ................................................................................................1 2 3 4 5 Sewer services ..................................................................................................1 2 3 4 5 Clearwater Gas utility ......................................................................................1 2 3 4 5 Utility billing ...................................................................................................1 2 3 4 5 City parks ........................................................................................................1 2 3 4 5 Recreation programs or classes ........................................................................1 2 3 4 5 Recreation centers or facilities .........................................................................1 2 3 4 5 Land use, planning and zoning ........................................................................1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.)......................................1 2 3 4 5 Economic development ...................................................................................1 2 3 4 5 Public library services ......................................................................................1 2 3 4 5 Public information services ..............................................................................1 2 3 4 5 Cable television ...............................................................................................1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ............................................1 2 3 4 5 Clearwater open space .....................................................................................1 2 3 4 5 City-sponsored special events ...........................................................................1 2 3 4 5 Overall customer service by Clearwater employees (police, receptionists, planners, etc.) ............................................................................1 2 3 4 5 Recreation trails ..............................................................................................1 2 3 4 5 11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don’t know The City of Clearwater ....................................................................................1 2 3 4 5 The Federal Government ................................................................................1 2 3 4 5 12. Please rate the following categories of Clearwater government performance: Excellent Good Fair Poor Don’t know The value of services for the taxes paid to Clearwater ......................................1 2 3 4 5 The overall direction that Clearwater is taking ................................................1 2 3 4 5 The job Clearwater government does at welcoming citizen involvement..........1 2 3 4 5 Overall confidence in Clearwater government .................................................1 2 3 4 5 Generally acting in the best interest of the community .....................................1 2 3 4 5 Being honest ....................................................................................................1 2 3 4 5 Treating all residents fairly ..............................................................................1 2 3 4 5 The National Citizen Survey™ • © 2001-2017 National Research Center, Inc. Page 4 of 5 13. Please rate how important, if at all, you think it is for the Clearwater community to focus on each of the following in the coming two years: Very Somewhat Not at all Essential important important important Overall feeling of safety in Clearwater ............................................................................ 1 2 3 4 Overall ease of getting to the places you usually have to visit .......................................... 1 2 3 4 Quality of overall natural environment in Clearwater ..................................................... 1 2 3 4 Overall “built environment” of Clearwater (including overall design, buildings, parks and transportation systems) ............................................................... 1 2 3 4 Health and wellness opportunities in Clearwater ............................................................ 1 2 3 4 Overall opportunities for education and enrichment ....................................................... 1 2 3 4 Overall economic health of Clearwater ........................................................................... 1 2 3 4 Sense of community ....................................................................................................... 1 2 3 4 14. Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: Major Minor Not a source source source City website (www.myclearwater.com) ............................................................................................... 1 2 3 Local media outlets (newspapers, radio, local television stations) ........................................................ 1 2 3 The local government cable channel CView ...................................................................................... 1 2 3 City newsletter in the water bill.......................................................................................................... 1 2 3 City Council meetings and other public meetings .............................................................................. 1 2 3 Talking with City officials .................................................................................................................. 1 2 3 City communications via social media (i.e. Facebook, Twitter, and YouTube) ................................... 1 2 3 Word-of-mouth ................................................................................................................................. 1 2 3 15. Which of these events, activities and improvements would make you more likely to spend time in Coachman Park? Very Somewhat Somewhat Very likely likely unlikely unlikely Community exercise classes ............................................................................................ 1 2 3 4 Music and concerts ......................................................................................................... 1 2 3 4 Art events ....................................................................................................................... 1 2 3 4 Activities for children ...................................................................................................... 1 2 3 4 Playground ..................................................................................................................... 1 2 3 4 A boathouse ................................................................................................................... 1 2 3 4 Addition of a Bluff Walk pedestrian trail to the park ....................................................... 1 2 3 4 16. Which of these amenities and events would make you more likely to spend time in Downtown Clearwater? Very Somewhat Somewhat Very likely likely unlikely unlikely Restaurants .................................................................................................................... 1 2 3 4 Shops ............................................................................................................................. 1 2 3 4 Brew pubs ...................................................................................................................... 1 2 3 4 Special events and festivals ............................................................................................. 1 2 3 4 17. How familiar are you with the Imagine Clearwater plan to redevelop Coachman Park and the Bluff area?  I am familiar  I have heard of it, but am not very familiar  Not at all familiar (skip to question 19) 18. Please indicate your level of support for the Imagine Clearwater plan:  Strongly support  Somewhat support  Somewhat oppose  Strongly oppose  Don’t know 19. The Imagine Clearwater plan includes various improvements or features (such as the playground, boathouse, and the Bluff Walk) that will require changes to the city charter. How likely are you to vote for a referendum in November 2017 that will allow these changes to be made?  Very likely  Somewhat likely  Somewhat unlikely  Very unlikely  Don’t know The City of Clearwater 2017 Citizen Survey Page 5 of 5 Our last questions are about you and your household. Again, all of your responses to this survey are completely anonymous and will be reported in group form only. D1. How often, if at all, do you do each of the following, considering all of the times you could? Never Rarely Sometimes Usually Always Recycle at home ...........................................................................................1 2 3 4 5 Purchase goods or services from a business located in Clearwater.................1 2 3 4 5 Eat at least 5 portions of fruits and vegetables a day .....................................1 2 3 4 5 Participate in moderate or vigorous physical activity ....................................1 2 3 4 5 Read or watch local news (via television, paper, computer, etc.) ...................1 2 3 4 5 Vote in local elections ..................................................................................1 2 3 4 5 D2. Would you say that in general your health is:  Excellent  Very good  Good  Fair  Poor D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:  Very positive  Somewhat positive  Neutral  Somewhat negative  Very negative D4. What is your employment status?  Working full time for pay  Working part time for pay  Unemployed, looking for paid work  Unemployed, not looking for paid work  Fully retired D5. Do you work inside the boundaries of Clearwater?  Yes, outside the home  Yes, from home  No D6. How many years have you lived in Clearwater?  Less than 2 years  11-20 years  2-5 years  More than 20 years  6-10 years D7. Which best describes the building you live in?  One family house detached from any other houses  Building with two or more homes (duplex, townhome, apartment or condominium)  Mobile home  Other D8. Is this house, apartment or mobile home...  Rented  Owned D9. About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners’ association (HOA) fees)?  Less than $300 per month  $300 to $599 per month  $600 to $999 per month  $1,000 to $1,499 per month  $1,500 to $2,499 per month  $2,500 or more per month D10. Do any children 17 or under live in your household?  No  Yes D11. Are you or any other members of your household aged 65 or older?  No  Yes D12. How much do you anticipate your household’s total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.)  Less than $25,000  $25,000 to $49,999  $50,000 to $99,999  $100,000 to $149,999  $150,000 or more Please respond to both questions D13 and D14: D13. Are you Spanish, Hispanic or Latino?  No, not Spanish, Hispanic or Latino  Yes, I consider myself to be Spanish, Hispanic or Latino D14. What is your race? (Mark one or more races to indicate what race you consider yourself to be.)  American Indian or Alaskan Native  Asian, Asian Indian or Pacific Islander  Black or African American  White  Other D15. In which category is your age?  18-24 years  55-64 years  25-34 years  65-74 years  35-44 years  75 years or older  45-54 years D16. What is your sex?  Female  Male D17. Do you consider a cell phone or land line your primary telephone number?  Cell  Land line  Both Thank you for completing this survey. Please return the completed survey in the postage-paid envelope to: National Research Center, Inc., PO Box 549, Belle Mead, NJ 08502 Presorted First Class Mail US Postage PAID Boulder, CO Permit NO.94 City of Clearwater Office of the City Manager Post Office Box 4748 Clearwater, Florida 33758-4748 |1CITY OF CLEARWATER 2017 Community Survey Report Sept. 5, 2017 |2CITY OF CLEARWATER |2 Survey Overview •National Citizen Survey which measures livability of cities •In Collaboration with National Research Center and ICMA •Population 64K to 150K Benchmark Comparisons •Measures 3 Pillars of a Community: Community Characteristics, Governance and Participation |3CITY OF CLEARWATER |3 Survey Overview •Conducted in 2008, 2014 and 2017 •580 Responses •4% Margin of Error |4CITY OF CLEARWATER |4 Community Livability •Eight Facets of Community Livability: Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation/Wellness, Education, Community Engagement •Overall, Measures of Community Characteristics, Governance, & Participation Were Similar to Other Communities |5CITY OF CLEARWATER |5 Quality of Life in Clearwater •84% Rated as Excellent or Good •Safety & Economy as Priorities for the Community •Favorable Ratings to Mobility, Natural Environment, Built Environment, Recreation/Wellness, Education, & Community Engagement •Similar to Other Benchmark Communities |6CITY OF CLEARWATER |6 Community Characteristics •89% - Excellent or Good Place to Live •Rated Excellent or Good: –Place to Raise Children (71%) –Place to Retire (81%) (higher) –Neighborhood as a Place to Live (80%) –Overall Image/Reputation of City (69%) –Overall Appearance (75%) •Similar to Communities Elsewhere |7CITY OF CLEARWATER |7 Community Characteristics •Residents scores for quality of neighborhoods increased from 2014 •Rated 40 Features of the Community and at Least Half were Favorable and Comparable to Other Communities •Safety: Overall (71%), In Neighborhood (91%) and Downtown/Commercial Area 74% (lower) •Rating of Vibrant Downtown/Commercial Area was Lower Than Benchmark (33%) |8CITY OF CLEARWATER |8 Community Characteristics •Satisfaction with Ease of travel by car (45%) and public parking (32%) were lower than benchmarks •More Rated Shopping Opportunities (77%) Favorably Compared to Other Communities •9 in 10 Residents Feel Clearwater is a “good” or “excellent” place to visit, higher than the benchmark •Residents ranked the quality of K-12 education in Clearwater (57%) lower than the benchmark |9CITY OF CLEARWATER |9 Governance •77% Gave Overall Positive Ratings on City Services •Highest Rated Services were Police, Fire, Ambulance/EMS, City Parks, and Libraries •Drinking Water and Gas Utility were the only two that Rated Lower than Benchmarks •More Pleased with Utility Billing, Code Enforcement, Fire Prevention, Street Cleaning, Economic Development and Public Info in 2017 than 2014 |10CITY OF CLEARWATER |10 Participation •Less Than Half (46%) Gave Overall Positive Ratings to the Sense of Community in Clearwater. •8 in 10 Would Recommend Living in Clearwater •Just Less than Half Contacted a City Employee (higher than 2014) •30 Participation Activities were Ranked and Ratings were Generally Similar to Other Communities |11CITY OF CLEARWATER |11 Participation •Half Had Emergency Supplies (higher) •Lower Library Visitation than Benchmark and Since 2014 •More Participants were Positive about the Economy and Its Impact on Their Incomes than 2014 •Fewer Code Violations Observed Since 2014 |13CITY OF CLEARWATER |13 Special Topics |14CITY OF CLEARWATER |14 |15CITY OF CLEARWATER |15 |16CITY OF CLEARWATER |16 Not at all 51%Heard of, but not Very Familiar 33% I am familiar 16% Familiarity with Plan |17CITY OF CLEARWATER |17 Strongly Support 47% Somewhat Support 45% Somewhat Oppose 4% Strongly Oppose 4% Of those familiar with the plan, support for making improvements |18CITY OF CLEARWATER |18 Very likely 41% Somewhat likely 41% Somewhat Unlikely 7% Very Unlikely 11% Liklihood of Voting For the Referendum |19CITY OF CLEARWATER |19 Key Takeaways •Overall Strong Economy-related Aspects •Need to continue to Work on Making Downtown a Vibrant Place Where Residents feel Safe and Welcomed •More Outreach is Needed on the Imagine Clearwater Plan •Residents Mostly Rely on Media, City Website for Information with Social Media Increasing •Code Enforcement Has Seen Positive Gains Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3750 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 16, 2017 City Council Meeting and the August 2, 2017 Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 City Council Meeting Minutes August 16, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Wednesday, August 16, 2017 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 Roll Call Present: 4 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Doreen Caudell and Councilmember Bill Jonson Absent: 1 - Councilmember Bob Cundiff Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – rev. Eric Eichinger from Bethel Lutheran Church 3. Pledge of Allegiance – Vice Mayor Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 August Service Awards One service award was presented to a city employee. 4.2 End of Session Report - The Honorable Larry Ahern, Florida House of Representatives Provided a summary report of the 2017 State Legislative Session. 5. Approval of Minutes 5.1 Approve the minutes of the August 3, 2017 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the August 3, 2017 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Page 2 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 6. Citizens to be heard re items not on the agenda Kathleen Ferris supported preserving the open space in Coachman Park for families, kids and adults where the City could host weekend art and dance events and individuals could picnic. She supported the installation of permanent restroom facilities, water fountains and a butterfly garden. Daniel Haluba supported the passage of the additional homestead exemption initiative and expressed concerns regarding increased utility fees. He stated that the City is unresponsive to citizens' needs. 7. Consent Agenda – Approved as submitted, less Items 7.3, 7.4 and 7.5 7.1 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) 7.2 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) 7.3 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) See below 7.4 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) See below. 7.5 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) See below 7.6 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 Page 3 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 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) 7.7 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) 7.8 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) 7.9 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) 7.10 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) 7.11 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) 7.12 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) 7.13 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) 7.14 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) Page 4 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 7.15 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) 7.16 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) 7.17 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) 7.18 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) 7.19 Appoint Jennifer Christou-Wood to the Parks and Recreation Board to fill the remainder of an unexpired term through January 31, 2021. (consent) Councilmember Caudell moved to approve the Consent Agenda as submitted, less Items 7.3 through 7.5, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.3 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) 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. Page 5 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 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. Parks and Recreation Director Kevin Dunbar said the Board of County Commissioners modified the agreement yesterday, clarifying the reimbursement process. In addition, the agreement was modified to include a right to audit provision and additional years of marketing support. In response to a question, Mr. Dunbar said the grant agreement was approved by a 6-1 vote. Vice Mayor Hamilton moved to 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. The motion was duly seconded and carried unanimously. 7.4 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) 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. Page 6 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 Parks and Recreation Director Kevin Dunbar said the Board of County Commissioners modified the agreement yesterday, clarifying the reimbursement process. In addition, the agreement was modified to include a right to audit provision and additional years of marketing support. It was stated that the audit provision is not of REH but of the TDC funds granted to REH. Councilmember Jonson moved to 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. The motion was duly seconded and carried unanimously. 7.5 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) 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. Page 7 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 The approval of this grant and the renovation of the park are consistent with the Parks and Recreation Master Plan Update 2013. Parks and Recreation Director Kevin Dunbar said the Board of County Commissioners modified the agreement yesterday, clarifying the reimbursement process. In addition, the agreement was modified to include a right to audit provision and additional years of marketing support. Councilmember Caudell moved to 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. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 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) 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. Page 8 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 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, 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. In response to questions, Planning Manager Lauren Matzke said second reading will occur in November. The City shall designate adaptation action areas and identify locations by 2020. Councilmember Caudell moved to approve amendments to the Clearwater Comprehensive Plan Coastal Management Element, addressing the statutory requirements for the 2015 Peril of Flood Florida Senate Bill 1094. The motion was duly seconded and carried unanimously. Ordinance 9048-17 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9048-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson Page 9 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 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) 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 through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 10 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 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. Councilmember Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1715 Lakeview Road; together with all abutting Lakeview Road and South Duncan Avenue rights-of-way. The motion was duly seconded and carried unanimously. Ordinance 9055-17 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 9055-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson Ordinance 9056-17 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9056-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson Ordinance 9057-17 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9057-17 on first reading. The motion was duly seconded and upon roll call, the vote Page 11 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 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) 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 through application of the Page 12 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 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. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 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. The motion was duly seconded and carried unanimously. Ordinance 9058-17 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9058-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson Ordinance 9059-17 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9059-17 on first reading. The motion was duly seconded and upon roll call, the vote Page 13 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson Ordinance 9060-17 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 9060-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 8.4 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) 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 Page 14 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in November. Vice Mayor Hamilton moved to 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). The motion was duly seconded and carried unanimously. Ordinance 9062-17 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9062-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9. Second Readings - Public Hearing 9.1 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. Ordinance 9032-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9032-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9.2 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. Ordinance 9051-17 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9051-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 15 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9.3 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. Ordinance 9061-17 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 9061-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9.4 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. Ordinance 9064-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9064-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9.5 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. Ordinance 9065-17 was presented and read by title only. Vice Hamilton moved to adopt Ordinance 9065-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 9.6 Continue to September 7, 2017: second reading of Ordinance 9054-17, amending the rates for domestic water, lawn water, reclaimed water and wastewater collection. Councilmember Jonson moved to continue Item 9.6 to September 7, Page 16 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 2017. The motion was duly seconded and carried unanimously. 10. City Manager Reports 10.1 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. 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. In response to questions, Parks and Recreation Director Kevin Dunbar said no signs have been placed for the roundabout. Signs are typically installed at the beginning and end of the trail. The Blue Star designation is a general tribute to all armed forces. The Purple Heart designation is specific to those members of the military who received a Purple Heart. Mr. Dunbar said there is no problem having a dual designation on SR 60. Councilmember Caudell moved to 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. The motion was duly seconded and carried unanimously. Resolution 17-25 was presented and read by title only. Vice Mayor Hamilton moved to adopt Resolution 17-25. The motion was duly seconded and upon roll call, the vote was: Page 17 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Jonson 10.2 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. 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. In response to questions, Parks and Recreation Director Kevin Dunbar said there will be approximately 90,000 to 100,000 sq. ft. of useful turf that is being donated to the City. The estimated cost to install the turf is Page 18 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 approximately $4 to $5 per sq. ft. Mr. Dunbar said the median landscaping will require a major renovation; the medians have been temporarily mulched until the end of the growing season (early November). Councilmember Jonson moved to 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. The motion was duly seconded and carried unanimously. 10.3 Neighborly Care Network Funding Request 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. Discussion ensued regarding the services and in-kind services the City provides to the senior population, including the Aging Well Center and the kitchen and space currently used by Neighborly Care Network. It was stated the City provides in-kind services that exceed the financial contribution provided by other agencies. Councilmember Jonson moved to defer consideration of the request to such time that Council has a more integrative review of senior care options. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Hamilton reminded all that school is back in session and to be careful on the roads with the increased traffic. Councilmember Jonson said having citizens fill out a card with their information when they speak before Council would be helpful. Page 19 City of Clearwater Draft City Council Meeting Minutes August 16, 2017 13. Closing Comments by Mayor The Mayor reviewed recent and upcoming events. 14. Adjourn The meeting was adjourned at 7:44 p.m. Mayor City of Clearwater Attest City Clerk Page 20 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Wednesday, August 2, 2017 2:00 PM Special Council Mtg re: Budget Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Bill Jonson Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 2:00 p.m. at City Hall. 2. Citizens to be heard re items not on the agenda – None. 3. City Manager Reports 3.1 Provide direction on the fiscal year 2017/18 funding requests from PSTA (Jolley Trolley), Tampa Bay 211 and Neighborly Care Network. The following agencies have requested funding as part of our fiscal year 2017/18 budget. Staff requests that council approve or disapprove the individual funding requests. PSTA- FY18 Jolley Trolley Beach Route - $217,263 Tampa Bay 211 - $5,000 Neighborly Care Network - $25,000 PSTA- FY18 Jolley Trolley Beach Route - $217,263 In response to questions, Pinellas Suncoast Transit Authority (PSTA) Chief Development Officer Cassandra Borchers said PSTA independently procured a new contract with Jolley Trolley for trolley services on the beach communities and the north coastal route. The contract requires the vendor to add technology to some of the services they are providing. Page 2 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 The goal is to have all public transportation providers in Pinellas County to be on one technological system and held to the same standards as PSTA. Ms. Borchers said part of the cost increase includes the technology for the vendor to provide; PSTA is providing some of the hardware. The vendor is being asked to provide WiFi and surveillance cameras on their vehicles. The contract also provides incentives and penalties to maintain on-time performance. Jolley Trolley has requested an additional staffperson for their maintenance department. The other participating communities are paying more as well, the increase is based on their escalation rate. It was always PSTA's intent to make this contract a breaking point with Jolley Trolley, from the service they were providing to the service PSTA wanted in the future. Ms. Borchers said all of the vendors were requested to have all the technology PSTA has available. The RFP outlined the elements to be provided by PSTA and the elements to be provided by the vendor. Ms. Borchers said if the RFP was not pursued, the current vendor would have been requested to provide the services, which may have resulted in the vendor requesting for additional funding. In the past, the Jolley Trolley had given the PSTA a 24% credit based on the fares collected; their actual numbers were much higher and Jolley Trolley was keeping therevenue between the 24% and 44% as part of their regular budget. Ms.Borchers said having PSTA collect all the fares brings the Jolley Trolley to standard. The trolley route had a 45% fare recovery during fiscal year 16. The new federal restrictions on the sale of advertising may impact future advertising revenue. Fare box recovery is the user fee differencefrom the cost of the service. The technology and services required by PSTA will not be required on the Trolley's charter fleet. Councilmember Caudell moved to approve the funding request for PSTA - Jolley Trolley Beach Route for $217,263 in the 2017/2018 budget. The motion was duly seconded and carried unanimously. Tampa Bay 211 - $5,000 In response to questions, Economic Development and Housing Director Denise Sanderson said staff has been informed that Tampa Bay 2-1-1 is ending their association with the Homeless Leadership Board . A consultant is working with the Homeless Leadership Board to find an alternative provider for those types of services. The City Manager said homeless services were not listed in Tampa Bay 2-1-1's funding request for a one-year grant. It is not uncommon for area not-for-profits to request city funds. Page 3 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 Vice Mayor Hamilton moved to approve the funding request for Tampa Bay 211 for $5,000 in the 2017/2018 budget. The motion was duly seconded and carried unanimously. Neighborly Care Network - $25,000 In response to questions, Deputy City Manager Jill Silverboard said staff reached out to the organization for clarification regarding contributions from other local jurisdictions but received no response. Staff has no other context about the request beyond the letter received. Economic Development and Housing Director Denise Sanderson said the organization did not apply under the department's competitive application process. The organization would be ineligible to receive any funds through the CDBG public services programming for fiscal year 17/18. Ms. Sanderson said if the organization meets the CDBG CAP guidelines, they would be eligible to apply for fiscal year 18/19. Ms. Silverboard said the City did not provide any funding to the organization last year. This is the first time in the last five budget cycles the organization has requested funds. Parks and Recreation Director Kevin Dunbar said Neighborly Care Network is an existing partner; the City provides a location and in-kind services. Budget Manager Kayleen Kastel said if the funding request is not approved tonight, staff recommends making a quarterly budget amendment if approved at a later date. Discussion ensued with a suggestion made that consideration for the funding request be postponed until staff receives additional information. A comment was made that the funding request should go through the normal funding process. The City Manager said the two funding opportunities offered by the City are homeless grant funds for certain organizations and CDBG funds; Neighborly Care Network has missed the CDBG funding cycle. Vice Mayor Hamilton moved to await further information before deciding on the funding request for Neighborly Care Network. The motion was duly seconded and carried with the following vote: Ayes: 3 - Vice Mayor Hamilton, Councilmember Caudell and Councilmember Cundiff Nays: 2 - Mayor Cretekos and Councilmember Jonson Page 4 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 4. Other Council Action 4.1 Council discussion of fiscal year 2017/18 preliminary operating and capital improvement budget. Councilmember Jonson provided a list of budget topics for review. Department directors reviewed proposed department budgets. In response to questions, Engineering Director Mike Quillen said the department pays the electric bill for the city streetlights. All of the streetlights have been converted to LED except for Downtown; Duke Energy is still seeking a match for the City's decorative streetlights. Duke Energy will pay for the streetlight conversion in Downtown. A Downtown parking structure is included in the Penny for Pinellas 4 project list. Sidewalk maintenance funds coincide with the of Penny 3. Mr. Quillen said no sidewalks are planned for Penny 4. Deputy City Manager Jill Silverboard said Penny 4 includes an infrastructure line item for utilities infrastructure and the Sand Key Bridge. Mr. Quillen said the Penny funds can only be used for new sidewalks; sidewalk maintenance is covered by the road millage. Penny funds could be used to improve existing sidewalks to meet ADA standards. Fire Chief Scott Ehlers said the apparatus is replaced on a schedule that was established years ago based on a unit's responses. The life expectancy of a front line apparatus is 15 years. Fire engines have a shorter replacement schedule due to usage. The projected Penny 3 includes a new Fire Station 47. Budget Manager Kayleen Kastel said if engines are purchased with Penny funds then it is itemized as cash, which alleviates the general fund. The capital plan identifies the funding source for how vehicles are purchased. Chief Ehlers said the department and regional standards for new hires is a fire medic, instead of an EMT. Clearwater Gas System Managing Director Chuck Warrington said the department will cross 23,000 customers this year. CGS is the 34th largest of the 1000 public gas systems nationwide. Human Resources Joe Roseto said the City is currently in negotiations with the Communications Workers of America; the contract expires at the end of September. Staff is also discussing pension issues with Police, whose contract expires in 2018. The City obtained a new provider to manage the Employee Health Center (EHC), which is running more efficiently and a lower cost. The City of Dunedin no longer partners with the City for EHC services. Information Technology Director Dan Mayer said, as an internal service provider, IT, charges all city departments at a prorated rate. Library Director Jennifer Obermaier said SPC will be moving into the library Page 5 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 earlier because their existing library and administrative building must be demolished in order to create the City's parking area. The cost increases for the N Greenwood and Beach branches are related to custodial services and an addition to a Full-Time Equivalent. Hours of operation at either branch are not being expanded. Marine and Aviation Director Ed Chesney said the budgets for the Sailing Center and Pier 60 will be transferred to Parks and Recreation. Budget Manager Kayleen Kastel said the budgets will be transferred to Parks and Recreation as part of the general fund budget. The City Clerk said the City will be splitting the election cost with Pinellas County to hold a referendum in November. Staff has budgeted approximately $50,000 for the November referendum; if there was no county-wide election, it would cost approximately $100,000. The City will now be required to provide a Spanish translation for all ballot questions; depending on the number and length of ballot questions, the election cost may increase. Parks and Recreation Director Kevin Dunbar said the Urban Forestry staff are arborists who maintain the City's trees. The Department organizes the Arbor Day tree giveaway as part of the Tree City designation. Mr. Dunbar said diseased trees located in the City's right-of-way are not replaced since they do not interact well with streets or sidewalks. Deputy City Manager Jill Silverboard said streetscaping projects, that include appropriate street trees, are included in Penny for Pinellas and Second Century projects list, such as the Downtown Gateway and the North Marina Master Plan. Mr. Dunbar said the City partners with the Salvation Army for additional parking during heavy overflow events scheduled at the Long Center. Additional parking at the Long Center is needed as current parking cannot meet demand. The line item for the Phillies Welcome Sign includes public art component that will feature a gateway feature, tying into the obelisk and pedestrian overpass. The Jack Russell Stadium improvements includes a monument area that will recognize the City's long history with baseball, and creating additional batting cages by renovating the old Visitors club house. The department prefers planting shade trees rather than installing shade structures, which requires maintenance and removal prior to a storm. In response to a concern, the City Manager said certain operational programs, such as the Sailing Center and the fishing pier at Pier 60, have moved to Parks and Recreation because of in-house expertise with contractors and retail activities. In response to question, Parks and Recreation Director Kevin Dunbar said the parking fund provides for beach lifeguards and sand maintenance. Deputy City Manager Jill Silverboard said the N. Marina Page 6 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 Master Plan capital programming is part of Planning and Development's capital work plan. Police Chief Daniel Slaughter said an additional FTE has been included in the proposed budget to assist with the habitual offender monitoring enforcement efforts. Public Communications Director Joelle Castelli said the new city website includes a content management component, allowing Public Communications to make changes to department webpages, instead of IT. Budget Manager Kayleen Kastel said the City will receive approximately $ 96,000 in water impact fees and $50,000 in sewer impact fees. Ms. Silverboard said the City cannot use impact fees to buy down rate increases. Solid Waste and General Services Director Earl Gloster said the line item for the MRF (Materials Recovery Facility) is to enlarge the building in order to protect the recyclables. Ms. Silverboard said the facilities maintenance plan was developed by General Services and the Real Estate Specialist; the plan maintains an inventory of vacant city facilities or spaces. Staff periodically discusses the possible reuse and/or surplusing the sites. The Council recessed from 3:58 p.m. through 4:04 p.m. In response to questions, Engineering Director Mike Quillen said the Druid Trail implementation project is itemized in the CIP New Street Construction, under the Druid Road Improvements. Ms. Silverboard said the funds for the US Hwy 19 wayfinding project were rolled into one project, which includes the triangle property at Court/Chestnut Streets. Ms. Silverboard said Penny 3 identified $5 million for Coachman Park redevelopment; staff has identified $4 million per year in 19/20 and 20/21 out of Penny 4 proceeds, for a total of $14 million. The costs for the Main Library improvements are not known; any capital improvements would be funded through the Imagine Clearwater capital project. Budget Manager Kayleen Kastel provided a PowerPoint presentation regarding recently implemented technological and process improvements. Deputy City Manager Jill Silverboard said Public Communications publishes each year a summary of accomplishments in the Annual Report and the City Manager provides an annual State of the City address. These are some illustrative examples in how staff continues to improve in many areas. In response to questions, Ms. Silverboard said staff provided Council a white paper city investments in community neighborhoods in the Spring. She and the City Manager met with the Clearwater Neighborhoods Page 7 City of Clearwater Draft City Council Meeting Minutes August 2, 2017 Coalition and provided information that show the number of ways the City support neighborhoods. Concerns were expressed with the potential expansion of the homestead exemption and the impact it would have on future city revenues. 5. Closing comments by Councilmembers (limited to 3 minutes) – None. 6. Closing Comments by Mayor – None. 7. Adjourn The meeting adjourned at 4:31 p.m. Mayor City of Clearwater Attest City Clerk Page 8 City of Clearwater Draft fl)vy 'M al) - L1/1-b P' S I, : J f, l_ I, /i7G/ 05/01/2017 14:27:97 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3796 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Amended and Restated Clearwater Business SPARK Memorandum of Understanding (MOU), and delegate to the City Manager or his designee, authority to administer, evaluate, market, seek funding for the program, and adapt objectives, services, partners and facilities by amendment to the MOU, as may be identified for success of the program from time to time, and authorize the appropriate officials to execute same. (consent) SUMMARY: In May of 2015, the City Council and the Community Redevelopment Agency approved a non-binding MOU detailing the spirit and intent of the Clearwater Business SPARK Consortium to collaborate to provide a variety of programs, services, education and networking opportunities to support entrepreneurs and small business throughout Clearwater, as well as to define the roles and responsibilities of the Partners. The Consortium seeks to amend the MOU to add additional Partner performance metrics, roles and responsibilities, add/remove Partners, and going forward, allow amendments to the MOU without seeking Council/CRA approval. In addition, the MOU extends the date to achieve sustainability from three to five years from the original executed MOU (May 7, 2015). The amendment to the MOU will be presented at both the September 5th Community Redevelopment Agency meeting, as well as the September 7th City Council meeting. Funding requests shall be considered as part of the City’s annual budget process. APPROPRIATION CODE AND AMOUNT: Requests for City and/or CRA financial support of Clearwater Business SPARK will continue to be considered as a part of the annual budget process. Requests for funds will be submitted annually according to the budget schedule, and is subject to City Council and/or CRA approval. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 9/7/2017 Amended and Restated MEMORANDUM OF UNDERSTANDING Clearwater Business SPARK THIS MEMORANDUM OF UNDERSTANDING (MOU) IS INTENDED SOLELY AS AN EXPRESSION OF THE GENERAL INTENTIONS OF THE PARTIES. THE PARTIES INTEND THAT NONE OF THE PARTIES SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHERS WITH RESPECT TO THE MATTERS REFERRED TO HEREIN. Parties, herein referred to together as “Partners” or “Consortium”, or individually as “Partner” or “Member”: (a) City of Clearwater – Economic Development & Housing Department (b) City of Clearwater Library System (c) City of Clearwater Community Redevelopment Agency (CRA) (d) Clearwater Regional Chamber of Commerce (e) Florida Business Incubator, Inc. (f) Florida Small Business Development Center (FSBDC) of Pinellas County Economic Development (g) Pinellas County SCORE (h) Prospera (fka Hispanic Business Initiative Fund) (i) Tampa Bay Black Business Investment Corporation WHEREAS, Goal 4 of the City of Clearwater Economic Development Strategic Plan, adopted in November 2011, supports and encourages an entrepreneurship and innovation ecosystem and collaboration with regional partners to market Clearwater to target industries; and WHEREAS, the Urban Land Institute Advisory Services Panel Report issued in September 2014 recommended 1) more active uses of the Clearwater Main Library, and 2) support to new entrepreneurial small businesses by investing in a technology innovation center or business incubator; and WHEREAS, the Partners have joined together to provide a range of programs, services and facilities to support entrepreneurship, innovation and small business development within the City of Clearwater; and First Amendment to MOU for Clearwater Business SPARK Page 2 of 17 WHEREAS, “Clearwater Business SPARK” is the name given to this consortium as a means to link together Partners for purposes of marketing and promotion of each Partner’s programs, services, and facilities; and NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: Section 1. Spirit and Intent (a) There is strong interest in the greater Clearwater community for new, small business and entrepreneurial development programs. The Partners recognize the strength and areas of expertise each Partner provides toward achieving the shared goal of business vitality in Clearwater. (b) There is a desire to work collaboratively and continuously to provide entrepreneurs, innovators, creators and small business owners with a wide variety of programs, services, education, networking opportunities, and flexible workplaces and spaces. (By way of example, and not limitation, attached hereto and incorporated herein as EXHIBIT “A”.) (c) Comprehensive, integrated, and coordinated approaches to the delivery of services to targeted clients are supported by policy, plan, and third party consultants’ studies of the City of Clearwater and the mission and vision of Partner organizations. Section 2. Roles and Responsibilities (a) The Partners will work together to enhance and strengthen entrepreneurship and to support needs of small businesses in Clearwater. The Partners will collectively and individually: i.Provide opportunities throughout the greater Clearwater area to build a strong network of experts and mentors to engage and support business development and incubation throughout the region. ii.Host and/or participate in Clearwater Business SPARK events and meet- ups in public spaces to encourage dialogue and to promote the culture of innovation and entrepreneurship. iii.Work together to develop a comprehensive mix of services and facility offerings to support a broad range of pre-venture, startup and small/medium size enterprises (SMEs). iv.Promote the availability of Partner programs and services by adding event, date and location to the Clearwater Business SPARK website calendar of events. First Amendment to MOU for Clearwater Business SPARK Page 3 of 17 v.Provide on a quarterly basis relevant topics, success stories, or photos to Clearwater Business SPARK program coordinator for use in social media/email communications, publications, reports, presentations and other forms of communication to promote the services and impacts of Clearwater Business SPARK and its Partners. vi.Provide to Program Coordinator such relevant data and information which may include but is not limited to: a) Number of attendees per event b) Programs provided c) Number of referrals made d) Number of referrals received e) Outcomes of referrals f) Services provided vii.Strive to adopt and adapt programs and services to meet the changing needs of those seeking services. viii.Jointly establish protocols, common intake processes, performance goals and measures, and make appropriate referrals to program Partners, facilities, or services. ix.Provide appropriate training of staff who may from time to time engage individuals who seek services provided by one or more of the Partners. x.Provide referrals to Clearwater Business SPARK Partners, as appropriate xi.Contact referred individual(s) within two (2) business days. i. Provide written acknowledgement of same to referring Partner. xii.Actively and continuously seek additional Partners to join Clearwater Business SPARK as described in Section 6(c). Section 3. Coordination (a) At the onset, City of Clearwater will coordinate and facilitate committee meetings. i.Executive Committee – Comprised of (1) representative appointed by each Partner. Bi-monthly meetings (subject to change as the system matures) to be held at a mutually convenient location to review the ecosystem’s operational performance and client services performance as determined by the performance metrics established. ii.At a time when Partners deem it necessary, the Executive Committee may form a Services & Facilities Advisory Committee. Comprised of (1) representative appointed by each Partner to evaluate current and future program and facilities offerings. Meeting schedule, frequency and location to be determined. Section 4. Marketing and Client Recruitment First Amendment to MOU for Clearwater Business SPARK Page 4 of 17 (a) To provide multiple, yet seamless, points of entry into the system, the Partners will actively promote a single brand identity and include this brand and/or logo in collateral materials, in a prominent location on Partner website and other communications as appropriate. (b) Partners will assist in promoting Clearwater Business SPARK network events and announcements through organizational channels and social media, as appropriate. (c) City of Clearwater Economic Development & Housing Department will manage digital and print advertising and sponsored media contracts to market the Clearwater Business SPARK and the programs provided by the Partners and be primary network spokesperson. Section 5. Programmatic Flexibility (a) The Partners will provide a commitment to continual evaluation of programs and services within the system to ensure client needs are met in a changing environment. (b) Once gaps in services are identified, the Partners will seek funding which may include grants, sponsorships, or fees from appropriate sources including, but not limited to, federal, state and local agencies, community stakeholders, and attendees. Section 6. Partners and Facilities (a) Partners participating in Clearwater Business SPARK include: i.Florida Business Incubator, Inc. ii. Clearwater Main Library iii. Clearwater Regional Chamber of Commerce iv. Florida Small Business Development Center at Pinellas County at Pinellas County Economic Development v. City of Clearwater Economic Development and Housing Department vi. City of Clearwater Community Redevelopment Agency (CRA) vii. Pinellas County SCORE viii.Prospera ix. Tampa Bay Black Business Investment Corporation (b) Current facilities where programs and services are provided include: i.Clearwater Main Library and Clearwater Library System branch locations ii. Clearwater Regional Chamber of Commerce iii. FSBDC at the EpiCenter First Amendment to MOU for Clearwater Business SPARK Page 5 of 17 (c) From time to time, by majority vote, additional Partners and Facilities may be added to Clearwater Business SPARK by written, executed addendum to this MOU. (d) From time to time, by majority vote, the Executive Committee may remove a Partner from Clearwater Business SPARK due to one or more of the following conditions: i.Failure to act in good faith as a representative of the Consortium; ii. Failure to promote Partner events; iii. Failure to promote Consortium events; iv. Non-disclosure of relevant information affecting the network or the ability; of a Partner to perform; v. Inappropriate use of the Clearwater Business SPARK logo; vi. Poor attendance at Executive Committee or Services & Facilities Advisory Board meetings; vii. Failure to respond in a timely manner to Partner or Program Coordinator communications; or viii.Violation of one or more of the requirements established in Section 2(a)i- xii. Section 7. Sustainability (a) The Partners will convene annually to establish a work program, identify resources necessary to sustain Clearwater Business SPARK and to prepare a budget including in-kind and financial resources necessary to support marketing, programs, and activities of Clearwater Business SPARK. (b) The Partners will work together to achieve sustainability within five years of the original date of this MOU (May 7, 2015) through fee-based and free programming supported by sponsorships, in-kind services and grants which may be obtained by a Partner, certain Partners or, together, the Consortium. (c) During the initial five 5-year period, it is anticipated the City of Clearwater Economic Development & Housing Department will be the lead agency providing program support and management. (d) The City may consider financial support for marketing, services, programs and facilities that are consistent with the Spirit and Intent (Section 1) of the MOU and the work program established pursuant to Section 7(a). (e) It is acknowledged that the City’s financial participation will be considered as a part of the annual budget process and that the request will be submitted annually according to the budget schedule, and is subject to City Council approval. (f) The other Partners may consider support of Clearwater Business SPARK with the following: First Amendment to MOU for Clearwater Business SPARK Page 6 of 17 i.In-kind services and/or contracted support including, but not limited to, facilities, programs, services and marketing such as 1) meeting and conference space, 2) meeting and event coordination, 3) services such as coaching, mentoring, and counseling, 4) access to speakers, trainers, and subject-matter experts, 5) promotion and marketing of the consortium through presentations, press releases, newsletters, social media and other forms of communication. Section 8. The Partners recognize the following as definitions of commonly used terms: (a) Business Incubator i.An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services, and networking connections. The intent is to help small companies in the incubator have a better chance of survival throughout the start-up phase. Services may include, but are not limited to: 1) office space (usually at a reduced rate); 2) office services (e.g. receptionist, conference rooms, computers, office equipment, other); 3) entrepreneurial advice and mentoring (e.g. establishing a web presence, identifying intellectual property licensing opportunities, raising capital); 4) business planning and market adjustment consulting; and 5) contacts and networking providing access to experienced entrepreneurs, innovators and professionals who can answer questions, provide guidance and resources. (b) Business Accelerator i.Very similar to an incubator, but differs in that an accelerator usually has a greater focus on companies entering or growing in a national or global market. Business accelerators are more likely to be financed by venture capitalists looking for an opportunity to finance growth potential through defined action plans. (c) Co-Worker Space i.Co-worker space is an alternative way of working in which independent professionals, telecommuters, and others with workplace flexibility share one working environment, rather than work remotely in separate offices or places. Co-workers typically do not need to work for the same employer or even know each other to work together in a co-working environment. A co- worker space is often a cafe-like collaboration space, gallery, or productivity-enhancing multi-functional space, with the idea that individual workers come together in a shared place to enjoy greater productivity and a sense of community. First Amendment to MOU for Clearwater Business SPARK Page 7 of 17 (d) Makerspace i.Makerspaces, also referred to as hackerspaces, hackspaces, and fablabs, are creative, community-operated DIY spaces where people can gather to create, invent, and learn often in the areas of computers, machining, technology, science, digital or electronic art. Commonly used equipment includes 3D printers, software, electronics, craft and hardware supplies/tools. (e) Pre-Venture Individuals i.Pre-venture individuals, as defined by FSBDC, are those individuals exploring business feasibility and seeking assistance with the establishment of a new business. These individuals have no employees, no sales and have not secured financing for their new venture. (f) Start-up Businesses i.Start-up businesses, as defined by FSBDC, are new businesses, but not necessarily a new type of business, in business for less than three years. Start-up businesses are defined by the length of time they have been in business (established) and not by the size of their employment or revenues. Start-up businesses are generally in the phase of development with prospect for growth. (g) Small and Medium Sized Enterprises (SMEs), as defined by FSBDC i.Stage I - emerging businesses in business for three of more years with fewer than five FTE (Full Time Employees) or less than $1M in annual sales revenue. Stage I SMEs are emerging businesses beyond the phase of development with promise for growth in both employment and revenues. ii.Stage II - established businesses that have been in-business for three or more years and have five or more FTE employees and/or more than $1M in annual sales revenue. Stage II SMEs have demonstrated an ability to generate significant revenue in their respective industry or market over an extended period of time with the ability and capacity for continuous growth. Section 9. Acceptance (a) The Partners agree to the spirit and intent of this memorandum of understanding and believe it offers the Clearwater area with a new environment for entrepreneurial and small business development and support. (b) The Partners agree to strive to work together as described in Sections 1 through 7. Section 10. Administration First Amendment to MOU for Clearwater Business SPARK Page 8 of 17 (a) For purposes of the administration of this agreement, the Clearwater City Council hereby delegates authority to the City Manager or his designee, to administer, evaluate, market, and seek funding for the program, and to adapt objectives, services, partners and facilities by amendment to the MOU, as may be identified for success of the program from time to time. [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 9 of 17 AGREED AND ACCEPTED this ____day of _______, 2017. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk First Amendment to MOU for Clearwater Business SPARK Page 10 of 17 AGREED AND ACCEPTED: Countersigned:COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA ______________________________By: _____________________________ Seth Taylor George N. Cretekos Director Chairperson Approved as to form:Attest: _____________________________ ______________________________ Pamela K. Akin Rosemarie Call First Amendment to MOU for Clearwater Business SPARK Page 11 of 17 AGREED AND ACCEPTED: By: _____________________________ Mike Meidel, Director, Pinellas County Economic Development [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 12 of 17 AGREED AND ACCEPTED: By: _____________________________ Carol Hague, President & CEO, Clearwater Regional Chamber of Commerce [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 13 of 17 AGREED AND ACCEPTED: By: _____________________________ Elaine Mann, Executive Director, FloridaBusiness Incubator, LLC [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 14 of 17 AGREED AND ACCEPTED: By: _____________________________ Augusto Sanabria, President and CEO, Prospera [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 15 of 17 AGREED AND ACCEPTED: By: _____________________________ Walter McCracken, Chapter Chair, Pinellas County SCORE [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 16 of 17 AGREED AND ACCEPTED: By: _____________________________ Albert Lee, President & CEO, Tampa Bay Black Business Investment Corporation [The rest of this page intentionally left blank.] First Amendment to MOU for Clearwater Business SPARK Page 17 of 17 EXHIBIT A Programs, Services & Facilities identified are examples only and not intended to represent all that is to be provided by each Partner. First Amendment To MEMORANDUM OF UNDERSTANDING Clearwater Business SPARK!SPARK THIS MEMORANDUM OF UNDERSTANDING (MOU) IS INTENDED SOLELY AS AN EXPRESSION OF THE GENERAL INTENTIONS OF THE PARTIES. THE PARTIES INTEND THAT NONE OF THE PARTIES SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHERS WITH RESPECT TO THE MATTERS REFERRED TO HEREIN. Parties, herein referred to together as “Partners” or “Consortium”, or individually as “Partner” or “Member”: (a) City of Clearwater – Economic Development & Housing Department (b) City of Clearwater Library System (c) City of Clearwater Community Redevelopment Agency (CRA) (d) Clearwater Regional Chamber of Commerce (e) Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE) (e) Florida Business Incubator, Inc. (f) Florida Small Business Development Center (FSBDC) of Pinellas County Economic Development (g) Pinellas County SCORE (h) Prospera (fka Hispanic Business Initiative Fund) (i) Tampa Bay Black Business Investment Corporation WHEREAS, Goal 4 of the City of Clearwater Economic Development Strategic Plan, adopted in November 2011, supports and encourages an entrepreneurship and innovation ecosystem and collaboration with regional partners to market Clearwater to target industries; and WHEREAS, the Urban Land Institute Advisory Services Panel Report issued in September 2014 recommended 1) more active uses of the Clearwater Main Library, and 2) support to new entrepreneurial small businesses by investing in a technology innovation center or business incubator; and [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 2 of 18 WHEREAS, the Partners have joined together to provide a range of programs, services and facilities to support entrepreneurship, innovation and small business development within the City of Clearwater; and WHEREAS, “Clearwater Business SPARK!SPARK” is the name given to this consortium as a means to link together Partners for purposes of marketing and promotion of each Partner’s programs, services, and facilities; and NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: Section 1. Spirit and Intent (a) There is strong interest in the greater Clearwater community for new, small business and entrepreneurial development programs. The Partners recognize the strength and areas of expertise each Partner provides toward achieving the shared goal of business vitality in Clearwater. (b) There is a desire to work collaboratively and continuously to provide entrepreneurs, innovators, creators and small business owners with a wide variety of programs, services, education, networking opportunities, and flexible workplaces and spaces. (bBy way of example, and not limitation, attached hereto and incorporated herein as EXHIBIT “A”.) (c) Comprehensive, integrated, and coordinated approaches to the delivery of services to targeted clients are supported by policy, plan, and third party consultants’ studies of the City of Clearwater and the mission and vision of Partner organizations. Section 2. Roles and Responsibilities (a) The Partners will work together to enhance and strengthen entrepreneurship and to support needs of small businesses in Clearwater. The Partners will collectively and individually: i. Provide networking opportunities throughout the greater Clearwater area to build a strong network of experts and mentors to engage and support business development and incubation throughout the region. ii. Host and/or participate in Clearwater Business SPARK events and meet- ups in public spaces to encourage casual dialogue and to promote the culture of innovation and entrepreneurship. iii. Work together to develop a comprehensive mix of services and facility offerings to support a broad range of pre-venture, startup and small/medium size enterprises (SMEs) targeting technology innovation and creative enterprises. [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 3 of 18 iv. Promote the availability of Partner programs and services provided by the Partners under the single branded name of “Clearwater Business SPARK!” by adding event, date and location to the Clearwater Business SPARK website calendar of events. while retaining the individual and unique identity of each Partner’s facilities, programs, and organizational identity. v. Provide on a quarterly basis relevant topics, success stories, or photos to Clearwater Business SPARK program coordinator for use in social media/email communications, publications, reports, presentations and other forms of communication to promote the services and impacts of Clearwater Business SPARK and its Partners. vi. Provide to Program Coordinator such relevant data and information which may include but is not limited to: a) Number of attendees per event b) Programs provided c) Number of referrals made d) Number of referrals received e) Outcomes of referrals f) Services provided iv. v.vii. Strive to adopt and adapt programs and services to meet the changing needs of those seeking services. viii. Jointly establish protocols, common intake processes, performance goals and measures, and make appropriate referrals to program Partners, facilities, or services. ix. Provide appropriate training of staff who may from time to time engage individuals who seek or need services provided by one or more of the Partners. x. Provide referrals to Clearwater Business SPARK Partners, as appropriate xi. Contact referred individual(s) within two (2) business days. i. Provide written acknowledgement of same to referring Partner. vi. vii.xii. Actively and continuously seek additional Partners to join Clearwater Business SPARK!SPARK as described in Section 6(c). Section 3. Coordination (a) At the onset, City of Clearwater will coordinate and facilitate committee meetings. i. Executive Committee – Comprised of (1) representative appointed by each Partner. Bi-mMonthly meetings (subject to change as the system [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 4 of 18 matures) to be held at a mutually convenient location to review the ecosystem’s operational performance and client services performance as determined by the performance metrics established. ii. At a time when Partners deem it necessary, the Executive Committee may form a Services & Facilities Advisory Committee. Comprised of (1) representative appointed by each Partner to evaluate current and future program and facilities offerings. Meeting schedule, frequency and location to be determined. Section 4. Marketing & and Client Recruitment (a) To provide multiple, yet seamless, points of entry into the system, the Partners will actively promote a single brand identity and include this brand and/or logo in collateral materials, in a prominent location on Partner website and other communications as appropriate. (a)(b) Partners will assist in promoting Clearwater Business SPARK network events and announcements through organizational channels and social media, as appropriate (b)(c) City of Clearwater Economic Development & Housing Department will manage digital and print advertising and sponsored media contracts to market the Clearwater Business SPARK and the programs provided by the Partners and be primary network program spokesperson. Section 5. Programmatic Flexibility (a) The Partners will provide a commitment to continual evaluation of programs and services within the system to ensure client needs are met in a changing environment. (b) Once gaps in services are identified, the Partners will seek funding which may include grants, sponsorships, or fees from appropriate sources including, but not limited to, federal, state and local agencies, community stakeholders, and attendees. Section 6. Partners & and Facilities (a) Partners participating in Clearwater Business SPARK!SPARK include: i. Technical Arts Facility for Entrepreneurship and Innovation Florida Business Incubator, Inc. ii.i. Clearwater Main Library iii.ii. Clearwater Regional Chamber of Commerce iii. Florida Small Business Development Center at Pinellas County at Pinellas County Economic Development iv. City of Clearwater Economic Development and Housing Department, and [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 5 of 18 iv. City of Clearwater Community Redevelopment Agency (CRA). v. Pinellas County SCORE vi. Prospera vii. Tampa Bay Black Business Investment Corporation (b) Current facilities where programs and services are provided include: i. TAFFIE ii.i. Clearwater Main Main Library and Clearwater Library System branch locations iii.ii. Clearwater Regional Chamber of Commerce iii. FSBDC at the EpiCenter iv. (c) From time to time, by majority vote, Additional additional Partners and Facilities may from time to time be added to Clearwater Business SPARK!SPARK by written, executed addendum to this MOU. (d) From time to time, by majority vote, the Executive Committee may remove a Partner from Clearwater Business SPARK due to one or more of the following conditions: i. Failure to act in good faith as a representative of the Consortium ii. Failure to promote Partner events iii. Failure to promote Consortium events iv. Non-disclosure of relevant information affecting the network or the ability of a Partner to perform v. Inappropriate use of the Clearwater Business SPARK logo vi. Poor attendance at Executive Committee or Services & Facilities Advisory Board meetings vii. Failure to respond in a timely manner to Partner or Program Coordinator communications viii. Violation of one or more of the requirements established in Section 2(a)i- xii. Section 7. Sustainability (a) The Partners will convene annually to establish a work program, identify resources necessary to sustain Clearwater Business SPARK!SPARK and to prepare a budget including in-kind and financial resources necessary to support marketing, programs, and activities of Clearwater Business SPARK!SPARK (b) The Partners will work together to achieve sustainability within fivethree years of the original date of this MOU (May 7, 2015) through fee-based and free programming supported by sponsorships, in-kind services and grants which may [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 6 of 18 be pursued byobtained by a Partner, certain Partners, or, together, the Consortium jointly by all Partners in Clearwater Business SPARK!. (c) During the initial fivethree (53) -year period, it is anticipated that the City of Clearwater Economic Development & Housing Department and the CRA will be the lead agencyies providing program support and management as described in Section 4(b) of this MOU. (d) The City may consider financial support for marketing, services, programs and facilities that are consistent with the Spirit and Intent (Section 1) of the MOU and the work program established pursuant to Section 7(a). (e) It is acknowledged that the City’s financial participation will be considered as a part of the annual budget process and that the request will be submitted annually according to the budget schedule, and is subject to City Council approval. (f) The other Partners may consider support of Clearwater Business SPARK!SPARK with the following: i. In-kind services and/or contracted support including, but not limited to, facilities, programs, services and marketing such as 1) meeting and conference space, 2) meeting and event coordination, 3) services such as coaching, mentoring, and counseling, 4) access to speakers, trainers, and subject-matter experts, 5) promotion and marketing of the consortium through presentations, press releases, newsletters, social media and other forms of communication. Section 8. The Partners recognize the following as definitions of commonly used terms: (a) Business Incubator i. An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services, and networking connections. The intent is to help small companies in the incubator have a better chance of survival throughout the start-up phase. Services may include, but are not limited to: 1) office space (usually at a reduced rate); 2) office services (e.g. receptionist, conference rooms, computers, office equipment, other); 3) entrepreneurial advice and mentoring (e.g. establishing a web presence, identifying intellectual property licensing opportunities, raising capital); 4) business planning and market adjustment consulting; and 5) contacts and networking providing access to experienced entrepreneurs, innovators and professionals who can answer questions, provide guidance and resources. (b) Business Accelerator [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 7 of 18 i. Very similar to an incubator, but differs in that an accelerator usually has a greater focus on companies entering or growing in a national or global market. Business accelerators are more likely to be financed by venture capitalists looking for an opportunity to finance growth potential through defined action plans. (c) Co-Worker Space i. Co-worker space is an alternative way of working in which independent professionals, telecommuters, and others with workplace flexibility share one working environment, rather than work remotely in separate offices or places. Co-workers typically do not need to work for the same employer or even know each other to work together in a co-working environment. A co- worker space is often a cafe-like collaboration space, gallery, or productivity-enhancing multi-functional space, with the idea that individual workers come together in a shared place to enjoy greater productivity and a sense of community. (d) Makerspace i. Makerspaces, also referred to as hackerspaces, hackspaces, and fablabs, are creative, community-operated DIY spaces where people can gather to create, invent, and learn often in the areas of computers, machining, technology, science, digital or electronic art. Commonly used equipment includes 3D printers, software, electronics, craft and hardware supplies/tools. (e) Pre-Venture Individuals i. Pre-venture individuals, as defined by FSBDC, are those individuals exploring business feasibility and seeking assistance with the establishment of a new business. These individuals have no employees, no sales and have not secured financing for their new venture. (f) Start-up Businesses i. Start-up businesses, as defined by FSBDC, are new businesses, but not necessarily a new type of business, in business for less than three years. Start-up businesses are defined by the length of time they have been in business (established) and not by the size of their employment or revenues. Start-up businesses are generally in the phase of development with prospect for growth. (g) Small and Medium Sized Enterprises (SMEs), as defined by FSBDC i. Stage I - emerging businesses in business for three of more years with fewer than five FTE (Full Time Employees) or less than $1M in annual sales revenue. Stage I SMEs are emerging businesses beyond the phase of development with promise for growth in both employment and revenues. [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 8 of 18 ii. Stage II - established businesses that have been in-business for three or more years and have five or more FTE employees and/or more than $1M in annual sales revenue. Stage II SMEs have demonstrated an ability to generate significant revenue in their respective industry or market over an extended period of time with the ability and capacity for continuous growth. Section 9. Acceptance (a) The Partners agree to the spirit and intent of this memorandum of understanding and believe it offers the Clearwater area with a new environment for entrepreneurial and small business development and support. (b) The Partners agree to strive to work together as described in Sections 1 through 7. Section 10. Administration (a) For purposes of the administration of this agreement, the Clearwater City Council hereby delegates authority to the City Manager or his designee, to administer, evaluate, market, and seek funding for the program, and to adapt objectives, services, partners and facilities by amendment to the MOU, as may be identified for success of the program from time to time. [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 9 of 18 AGREED AND ACCEPTED this ____day of _______, 20175. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 10 of 18 AGREED AND ACCEPTED: Countersigned: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA ______________________________ By: _____________________________ Seth TaylorRod Irwin George N. Cretekos Executive Director Chairperson Approved as to form: Attest: _____________________________ ______________________________ Pamela K. Akin Rosemarie Call [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 11 of 18 AGREED AND ACCEPTED: By: _____________________________ Mike Meidel, Director, Pinellas County Economic Development [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 12 of 18 AGREED AND ACCEPTED: By: _____________________________ Carol Hague, President & CEO, Clearwater Regional Chamber of Commerce [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 13 of 18 AGREED AND ACCEPTED: By: _____________________________ Steve AllenElaine Mann, Executive Director Founder, Florida Business Incubator, LLCTechnical Arts Facility for Innovation and Entrepreneurship [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 14 of 18 AGREED AND ACCEPTED: By: _____________________________ Augusto Sanabria, President and CEO, Prospera [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 15 of 18 AGREED AND ACCEPTED: By: _____________________________ Walter McCracken, Chapter Chair, Pinellas County SCORE [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 16 of 18 AGREED AND ACCEPTED: By: _____________________________ Albert Lee, President & CEO, Tampa Bay Black Business Investment Corporation [The rest of this page intentionally left blank.] [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 17 of 18 EXHIBIT A Clearwater Business SPARK City ED&H •Clearwater Business SPARK Network Management & Marketing •ED Incentives •Permitting & Site Location Assistance City Main Library •Free Database/ Research Tools •Makerspaces •Studio & Production Services •Computers, Printers •Training/Meeting Facilities CRA •CRA Incentives & Programs •Downtown/Tech District Incentives & Programs FSBDC of Pinellas County, SCORE, TBBBIC and Prospera •Intake & Vetting of Clients •Business & Financial Planning •One-on-One Coaching - Bi-lingual Services •Workshops •Minority Certifications •Marketing Analysis & Research •Exporting Assistance •Client Meeting Space Chamber of Commerce •Educational Opportunities •Advocacy •Referrals •Promotion •Networking/Meetups •Infastructure Support/ Meeting Space FL Business Incubator •Roundtables & Networking •Product Design & Development •Shark Tank/Investor Pitch Opportunities Programs, Services & Facilities identified are examples only and not intended to represent all that is to be provided by each Partner. [GM15-9216D-026/166157/1] [GM15-9216D-026/165446/1] Page 18 of 18 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3816 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2014-2015 and interim years 2015-2016 and 2016-2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: Downpayment and closing costs assistance of existing structures; the construction of new dwellings; the rehabilitation of owner-occupied single-family dwellings; and the construction, acquisition, and rehabilitation of rental properties . All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended, encumbered, and unencumbered funds and a proposal for use of any unused funds. The report also provide information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. For closeout year 2014-2015, the City received $760,187.50 from the state annual distribution, receipt of program income, interest and carryover funds from previous year. The department assisted forty-one families utilizing its approved strategies. The department also used these SHIP funds and SHIP program income to match federal program funds to support other existing housing programs. For interim year 2015-2016, the expended, encumbered, and unencumbered amounts are $149,643.14, $535,763.81, and $0.00 respectively. Total Revenue (Actual and/or Anticipated), including +/- carryover funds is $660.151.34. For interim year 2016-2017, the expended, encumbered, and unencumbered amounts are $53,198.08, $87,762.00, and $777,457.54, respectively. Total Revenue (Actual and/or Anticipated), including +/- carryover funds is $918,417.62 SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2014-2015, where the City expended $760,765 in SHIP dollars to leverage over $3.8 million in other funds. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3816 N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3815 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2017 through September 30, 2018 at an amount not to exceed $760,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance policies through the efforts of the City’s insurance broker, Arthur J. Gallagher and Company. These policies include an excess liability package through Lloyds’s of London for coverages including General Liability, Automobile Liability, Employee Benefits Liability, Public Officials Liability, Law Enforcement Liability, Marine Operator’s Liability, EMS Liability, and Compressed Natural Gas Liability; an excess workers compensation package through Safety National for coverages including Workers Compensation and Employer Liability; and additional excess policies for Third Party Storage Tank Liability, Hull Protection and Indemnity, Cyber Liability and numerous flood policies. Due to the City’s favorable loss history, the premium increased only 0.16% to $271,500 on excess package policies. The premium for excess Workers Compensation coverage increased by 2.32% to $299,840 for fiscal 2018. The premium rate for this year was locked in, since the insurer for this policy offered a two-year program last year. The premium for fiscal 2018 was actually driven by an increase in salaries. Risk Management is also estimating an increase of 10% for the additional excess policies, and a 20% increase for the various flood policies. This year’s total not-to-exceed renewal amount of $760,000 is the same as the fiscal 2017 approved not-to-exceed amount. This request allows us to factor in the estimated increases while maintaining a contingency of $13,773. APPROPRIATION CODE AND AMOUNT: 0590-0790-545100-519-000-0000 $760,000 Page 1 City of Clearwater Printed on 9/7/2017 Effective Date Excess and Specialty Insurance Renewals:FY2015-16 FY2016-17 FY2016-17 FY2017-18 % Increase/Decrease % Increase/Decrease of Coverage October 1, 2017 thru October 1, 2018 Actual Paid Approved Budget Actual Paid Requested from FY 16-17 Budget from FY 16-17 Actual 1-Oct Excess Package Policy including General Liability/ Auto/Employee Benefits/Employer Liability/ Public Officials/ Personal Injury Law Enforcement/Marine Operator's Liability/EMS Liability/CNG Liability ($500 SIR) 281,694.00$ 271,050.00$ 271,054.00$ 271,500.00$ 0.17%0.16% 1-Oct Excess Workers' Compensation ($600K SIR)294,834.00 293,031.00 293,031.00 299,840.00 2.32%2.32% Total Excess Policies 576,528.00 564,081.00 564,085.00 571,340.00 1.29%1.29% 1-May Cyber Liability 15,653.00 17,218.30 16,693.00 17,527.65 1.80%5.00% 20-May Third Party Storage Tank Liability 12,966.00 14,262.60 13,140.00 14,454.00 1.34%10.00% 22-May Hull & P&I 8,740.00 9,614.00 12,521.00 13,147.05 36.75%5.00% 8-Nov Flood: 525 N Betty Lane (CCC Clubhouse & Canopy)849.00 1,018.80 890.00 1,068.00 4.83%20.00% 9-Nov Flood: 601 N Old Coachman Rd (Spectrum Field)2,068.00 2,481.60 2,123.00 2,547.60 2.66%20.00% 12-Nov Flood: 25 Causeway Blvd (Marina)10,171.00 12,205.20 8,273.00 9,927.60 -18.66%20.00% 12-Nov Flood: 69 Bay Esplanade (Recreation Ctr)12,155.00 14,586.00 8,651.00 10,381.20 -28.83%20.00% 12-Nov Flood: 3141-3157 Gulf to Bay Blvd (WPC-East)14,903.00 17,883.60 9,989.00 11,986.80 -32.97%20.00% 5-Feb Flood: 10 Pier 60 Drive (Pier 60 Concession Stand)18,690.00 22,428.00 17,057.00 20,468.40 -8.74%20.00% 13-Feb Flood: 525 N Betty Lane (CCC Old Cart Storage)2,820.00 3,384.00 2,892.00 3,470.40 2.55%20.00% 13-Feb Flood: 525 N Betty Lane (CCC New Cart Storage)694.00 832.80 734.00 880.80 5.76%20.00% 29-Mar Flood: 653 N Old Coachman Rd (Carpenter Field Training Bldg)1,442.00 1,730.40 1,448.00 1,737.60 0.42%20.00% 8-Apr Flood: 651 N Old Coachman Rd (Carpenter Field Clubhouse)1,548.00 1,857.60 1,283.00 1,539.60 -17.12%20.00% 17-Apr Flood: 332 S. Gulfview Blvd (Barefoot Beach House)10,518.00 12,621.60 14,256.00 17,107.20 35.54%20.00% 21-Apr Flood: 332 S. Gulfview Blvd (Maintenance Bldg)1,069.00 1,282.80 2,020.00 2,424.00 88.96%20.00% 11-Jun Flood: 180 Gulfview Blvd (Lifeguard Bldg.) 13,681.00 16,417.20 14,831.00 17,797.20 8.41%20.00% 12-Jun Flood: 534 Mandalay Ave (Fire Station #46)14,187.00 17,024.40 17,663.00 21,195.60 24.50%20.00% 12-Jun Flood: 700 Bayway Blvd (Police Station)2,718.00 3,261.60 2,824.00 3,388.80 3.90%20.00% 3-Aug Flood: 1001 Gulf Blvd (Community Sailing Center)1,532.00 1,838.40 1,532.00 1,838.40 0.00%20.00% 29-Sep Flood: 1605 Harbor Dr (Pollution Control Bldg) 1,388.00 1,570.80 1,665.60 1,998.72 27.24%20.00% Total All Policies 724,320.00 737,600.70 714,570.60 746,226.62 1.17%4.43% Contingency 22,399.30 13,773.38 Total All Policies and Contingency 724,320.00$ 760,000.00$ 714,570.60$ 760,000.00$ 0.00%6.36% Note: Lessees reimburse the City for the cost of flood insurance premiums at the following properties: Clearwater Country Club - 525 N Betty Lane Barefoot Beach House - 332 S Gulfview Blvd Excess Insurance Renewal for 2017-18 Broker: Arthur J. Gallagher Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3803 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a self-insured funding arrangement for the period January 1, 2018 through December 31, 2018, at a total not-to-exceed $21.6 million, to be funded by city budgeted funds, payroll deductions of employee and retiree premiums, and Central Insurance Fund reserves; approve the use of not-to-exceed $660,000 of Central Insurance Fund reserves for fiscal 2018. (consent) SUMMARY: Historically, the City’s health care costs have escalated due to increased inflation in health care cost (8% to 10% annually) and less than favorable claims experience. The result was increased costs for the City, and the employees and retirees who participate in the City plan. In calendar year 2016, staff saw this trend change with actual costs being approximately $1.8 million less than budgeted. For fiscal year 2017, the City budgeted for an increase of $621,000 ($285,000 or 1.7% due to claims and $336,000 or 2.7% due to an increase in employees). As of June 2017, the actual costs for the plan calendar year-to-date are $1.3 million less than budgeted and projected to be $2 million less for entire year. This is the second consecutive year the City has seen cost trending downward which can be attributed to savings from the use of the Employee Health Center, the increased emphasis on wellness, and a greater focus on wellness by employees. As the City is self insured, there is a reserve requirement of two months of claims, estimated at 2.7 million. This recommendation will permit the city to attain that requirement. For plan year 2018, an actuarially supported renewal based on the City’s claims trend projects a 2.09% ($378,148) increase in funding in order to maintain the current plan design and participation in Cigna’s Open Access Plus Network. This renewal will include mental health, substance abuse, and EAP. When considering the mitigation of costs over the past 2 years, the City Benefits Committee and the City discussed several options that included providing funds to be placed in a health savings account or lowering out of pocket expenses in the health plan design. The Committee and City have agreed that lowering costs was the best option available. This recommendation would result in no additional premium costs for covered members with employee plus one or employee plus family coverage. It will also permit the City to modify the current health plan design by lowering the office visit co-pays, hospital admission fee, and prescription drug co-pays. The recommendation also includes the current funding strategy of paying 100% of employee coverage, 78% of Employee plus one coverage, and 68% of employee plus family coverage. Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3803 The budgeted increase would include the renewal of $378,148 and an additional $516,262 to account for the plan changes, for a total of $894, 410 for the calendar year. The increase for the Fiscal Year would be approximately $660,000.The budget already includes health costs for 39 new FTE’s of $315,900. If the current trend continues, staff anticipates costs to stay within budget estimates. APPROPRIATION CODE AND AMOUNT: The City’s fiscal 2018 budget includes $17.3 million across all operations for health plan costs. This proposal, plus estimated health clinic costs, is estimated to cost $17.9 million, an increase of approximately $660,000. The total calendar year 2018 cost to the City is estimated at $18.2 million. The City’s fiscal 2018 budget includes $17.3 million across all operations for health plan costs. This proposal, plus estimated health clinic costs, is estimated to cost $17.9 million, an increase of approximately $660,000. The total calendar year 2018 cost to the City is estimated at $18.2 million. Page 2 City of Clearwater Printed on 9/7/2017 1 HEALTH CARE 2018 2CITY OF CLEARWATER | Cigna Self-Fund Proposal Total Health Care Cost •Spending trend o $1.8 million less than budget in CY2016. o $1.3 million less than budget YTD and projected at $2 million less for CY2017. o This allows for the reserve requirement of two months paid claims ($2.7 million). 2 3CITY OF CLEARWATER | •2018 FY Budget: $17.3 million •City Contributions $15,216,000 •39 new FTE’s $ 384,000 •EHC $ 1,700,000 $17.3 million 3 FY 2018 Budget 4CITY OF CLEARWATER | Cigna’s Self-Fund Renewal •2018 FY Budget: $17.3 million •Employee contribution: $3.5 million •2018 budget cost: $20.8 million Projected 2% increase $ 280,000 Plan design changes $ 380,000 Increase $ 660,000 •2018 projected cost: $21.5 million 4 5CITY OF CLEARWATER | Plan Design Changes •Reduce office visit co-payments from: o $40 primary/$60 specialist to o $20 primary/$40 specialist •Reduce prescription co-payments from: o Generic: $30 to $10 o Preferred: $40 to $30 o Non-pref.: $60 to $50 •Eliminate $500 inpatient/$300 outpatient co-payment. 5 6CITY OF CLEARWATER | City Claims History Claims Per Employee/Month 6 $590 $690 $712 $721 $746 $698 $0 $100 $200 $300 $400 $500 $600 $700 $800 2012 2013 2014 2015 2016 2017 (YTD) 7CITY OF CLEARWATER | Current Trends •Catastrophic claims over $25,000 account for 58% of medical claims costs. •Pharmacy claims were down 11% in 2016 and are down an additional 7% year to date. 7 8CITY OF CLEARWATER | Cigna Open Access Plus Plan •Continue self-funding and remain with Cigna. o Full time wellness representative and wellness funding. •Continue “Open Access Plus” network. •Maintain current rate structure. o No premium increases for employee plus 1 or family. •Plan design changes with lower co-payments. 8 9CITY OF CLEARWATER | Employee Health Center 9 10CITY OF CLEARWATER | Employee Health Center •55% Utilization Rate (target is 30%) •99% Employee Satisfaction •1.7 to 1.0 Return on Investment •Estimated Cost Savings from January–May, $847,000 based on the following areas: network replacement, specialist avoidance, ER avoidance, brand drug avoidance, lab replacement, flu shot replacement, estimated productivity savings. •Annual savings projected at $2 million 10 11 HEALTH CARE 2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3845 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, approve a first quarter budget amendment of $372,645 in special program 181-99872, Coordinated Child Care Ross Norton, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received annual funding from JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2017/18 from JWB. The budget is based on serving 233 children in the program over the course of the year. In Fiscal Year 2016/17, the City was awarded $361,791 for this program. In June 2015, the City Resource Committee approved the original grant application that covered not only 2015 but additional years. This year, JWB did not require a request for proposal, thus providing a continuation of program services and gave a three percent increase for staff costs. “Charting a Course for Youth” is a program designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to improve academic success, encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. The program serves community youth ages 6-17 at the Ross Norton and North Greenwood Recreation Complexes. There is no requirement to continue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide an increase of $372,645 in other governmental revenue in special program 181-99872, Coordinated Child Care Ross Norton, to account for both revenues and expenditures for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3846 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $1,585,500 for the renovation of the West Multipurpose fields and lighting at Joe DiMaggio Sports Complex and authorize the appropriate officials to execute same. (consent) SUMMARY: A master development and improvement plan was designed for the Joe DiMaggio Sports Complex in 2007. The first phase of this plan was the removal of the field house and construction of a new field to support local teams (2008-09). The second phase was the addition of a multipurpose building including restrooms, concessions and office/meeting room (2011-12). A third phase included the addition of a press box and storage area to service the numerous programs and activities held at the Complex (2014-15). This contract is for the fourth phase of this plan which includes the construction of one full sized multipurpose field and one medium sized area for practices. The contract will include sitework, grading, additional soil, irrigation, drainage systems, retaining walls, sod and lighting. This contract also includes upgraded lighting of the existing two multipurpose fields which are being designed to be relocated in the future phases (5 and 6). This renovation is needed in order to upgrade and improve the existing subpar multipurpose field areas on the western portion of the property for the benefit of our local cosponsor groups as well as to provide fields that will be able to host top level soccer and lacrosse events. A fifth and sixth phase is planned for the future of the complex which will include the construction of parking, two renovated full sized multipurpose fields and restroom/pressbox to service the two major league baseball fields on the property. Funding for these phases are included in Penny for Pinellas IV and will be requested from the TDC Capital Funding Program. This item supports the City Strategic Vision by providing quality facilities that meet the needs of the citizens of Clearwater and provides for more opportunities to promote sports tourism. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-93655, Joe DiMaggio Sports Complex. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3846 Page 2 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3779 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve Equestrian Patrol Equine User Agreement among the City of Clearwater (City), Nancy Miller and Deborah Storey (owners) for the use of the two horses for a period of three years and authorize the appropriate officials to execute same. (consent) SUMMARY: City and owners previously entered into Agreements for the use of horses owned by Nancy Miller and Deborah Storey for the purpose of forming a Clearwater Police Department (CPD) Equestrian Patrol. Examples of the Nancy Miller’s costs in providing transportation of both horses to law-enforcement related activities connected with the CPD Equestrian Patrol are as follows: ·Heavy Duty Truck for towing a horse trailer - Approximate cost $25,000. ·Truck Maintenance - Approximately $1010 yearly (washing, vacuuming, oil changes, regular maintenance, tires, etc.). ·Horse Trailer - Approximate cost $12,000. ·Trailer Maintenance - Approximately $350 yearly (Replace mats, jack, wiring & light replacements, cleaning, shavings, etc.). ·Storage - Location where it will be accessible, safe and not in the way; and Both horses will be boarded on real property owned by Nancy Miller. Examples of the owners’ yearly costs to maintain two horses are as follows: ·Vaccinations annually - ($100 per horse X 2 times per horse X 2 horses) $400. ·Ferrier annually - (About 9 times a year at $35 a visit per horse) $630. ·Feed, hay, supplements annually - $4512. ·Grooming supplies, fly spray, hoof meds annually - $720. ·De-worming annually - $80 During the period that the CPD Equestrian Patrol has been in operation, the City has derived the following benefits from the below listed deployments: ·Uniformed patrol of areas that are not accessible by traditional methods due to inaccessibility to cruisers or officers on foot - narrow bridges, tall weeds, insects, snakes, etc. ·Public Relations/Outreach - The officers on horses are literally chased down by people to see the horses and touch them, take photos of/with them, etc. Many people that would not otherwise talk to a uniformed officer will approach the mounted riders to talk to them. This aids in public relations and to open communication with the residents in patrolled neighborhoods. Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3779 ·Special Events - National Night Out, Christmas time patrols of mall, children’s events, etc. ·Field Search Capabilities - Missing Person/Child in wooded settings. ·Mutual Aid - Other agencies needing mounted units. This User Agreement will be for three years, beginning on August 18, 2017, and ending on August 18, 2020. APPROPRIATION CODE AND AMOUNT: Investigative Cost Recovery, 181-99329, $3600.00 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/7/2017 1 CITY OF CLEARWATEREQUESTRIAN PATROLEQUINE USER AGREEMENT This is a User Agreement among the City of Clearwater (hereinafter “City”), Nancy Millerand Deborah Storey (hereinafter “owners”) for the use of two horses for a period of three (3) years. WHEREAS, the City and owners previously entered into Agreements for the use of horses owned by Nancy Miller and Deborah Storey for the purpose of forming a Clearwater Police Department (CPD) Equestrian Patrol; and WHEREAS, clarification is necessary regarding the reimbursement of a portion of the costs in providing two horses for the CPD Equestrian Patrol and the method by which reimbursement will be made; and WHEREAS, an example of the Nancy Miller’s costs in providing transportation of both horses to law-enforcement related activities connected with the CPD Equestrian Patrol is as follows: Heavy Duty Truck for towing a horse trailer – Approximate cost $25,000. Truck Maintenance – Approximately $1010 yearly (washing, vacuuming, oil changes, regular maintenance, tires, etc.). Horse Trailer – Approximate cost $12,000. Trailer Maintenance – Approximately $350 yearly (Replace mats, jack, wiring & light replacements, cleaning, shavings, etc.). Storage – Location where it will be accessible, safe and not in the way; and WHEREAS, both horses will be boarded on real property owned by Nancy Miller; and WHEREAS, an example of the owners’ yearly costs to maintain two horses is as follows: Vaccinations annually – ($100 per horse X 2 times per horse X 2 horses) $400. Ferrier annually – (About 9 times a year at $35 a visit per horse) $630. Feed, hay, supplements annually - $4512. Grooming supplies, fly spray, hoof meds annually - $720. De-worming annually - $80; and WHEREAS, during the period that the CPD Equestrian Patrol has been in operation, the City has derived the following benefits from the below listed deployments: Uniformed patrol of areas that are not accessible by traditional methods due to inaccessibility to cruisers or officers on foot - narrow bridges, tall weeds, insects, snakes, etc. 2 Public Relations/Outreach – The officers on horses are literally chased down by people to see the horses and touch them, take photos of/with them, etc. Many people that would not otherwise talk to a uniformed officer will approach the mounted riders to talk to them. This aids in public relations and to open communication with the residents in patrolled neighborhoods. Special Events – National Night Out, Christmas time patrols of mall, children’s events, etc. Field Search Capabilities – Missing Person/Child in wooded settings. Mutual Aid - Other agencies needing mounted units. NOW THEREFORE, in consideration of the mutual obligations contained herein, the parties agree as follows: 1. This User Agreement will be for three (3) years, beginning on August 18, 2017, and ending on August 18, 2020. 2. During the term of this User Agreement, the owners will each provide one horse for use by CPD in law-enforcement related activities and purposes under the direction of CPD and under terms and circumstances contained in the operational procedures of the CPD Equestrian Patrol; however, the owners shall have full rights to utilize the horsesfor personal use during the term of this User Agreement. Further, the owners agree to maintain the horses in a healthy condition at the owners’ expense during the term of this User Agreement. 3. During the term of this User Agreement, the owners will conduct at least twelve deployments each year. For the purpose of this agreement, a training event is considered a deployment. 3. The City will assume responsibility under the terms of Florida Statute 768.28 for injuries to others or damage to property of others arising from the use of the two horses, while the horses are engaged in law-enforcement related activities under the direction of CPD. Nothing herein, however, shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. 4. The City assumes limited responsibility for the reasonable cost of veterinary care for the horses only for injuries sustained or incurred by the horses during the course of law- enforcement related activities. During the term of this User Agreement, the maximum amount that the City will pay for veterinary care during the entire term of the Agreement is three thousand five hundred dollars ($3,500.00) for each horse injured during the course of law-enforcement related activities. If the anticipated cost of veterinary care is expected to exceed three thousand five hundred dollars ($3,500.00) for any single horse, the owner may choose to have the horse humanely destroyed and receive compensation of three thousand five hundred dollars ($3,500.00) for the death of the horse, or pay the excess veterinary expenditures himself/herself. Regardless, the maximum amount of the City’s payment pursuant to this paragraph during the entire term of the Agreement is three thousand five hundred dollars ($3,500.00). Routine 3 medical costs, as well as veterinary costs incurred as a result of the owners’ personal use, shall be the responsibility of the owners. 5. CPD shall not be responsible for damage to, of loss of, personal property of the owners, or personal property of another used by the owners, while the owners and horses are engaged in approved law-enforcement related activities associated with the CPD Equestrian Patrol. 6. Nancy Miller is responsible for providing and maintaining in workable order, or ensuring access to, an adequate trailer and associated equipment, including vehicle, for the transportation of the horses to and from approved law-enforcement related activities. CPD will provide mileage reimbursement at the City’s prevailing rate to Nancy Miller when the trailer is utilized to transport the horses to and from approved law-enforcement related activities. CPD is not liable for any damages sustained to the trailer or associated equipment, including vehicle. 7. CPD will supply reasonable uniforms, equipment, training, and supplies to the ownersin support of approved law-enforcement related activities of the CPD Equestrian Patrol. 8. Payment for medical costs relating to injuries sustained by the owners or other riders designated by CPD during the course of approved law-enforcement related activities will be covered in accordance with the City’s Workers Compensation insurance. 9. Because the general costs of purchasing and maintaining a transporting vehicle and trailer are the responsibility of Nancy Miller, and because of the numerous other miscellaneous costs incurred by the owners to maintain two horses, the owners agree to a more simplified and clearer method of offsetting costs by having the City pay $300 per month to Nancy Miller in addition to mileage reimbursement as stated in Paragraph 6. 10. The undersigned owners have read the operational procedures of the CPD Equestrian Patrol and agree to comply with those outlined procedures. 11. Any party may terminate this User Agreement with or without cause upon written notice to the other parties. 12. This is the entire Agreement between the parties regarding the use of the horsesand the responsibilities of the parties. The parties have read this document, understand their duties and responsibilities according to this Agreement, and agree to the terms as evidenced by the signatures below. 4 Signature Page: Equestrian User Agreement 2017-2020: Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk OWNERS By: _______________________ Nancy Miller By: _______________________ Deborah Storey Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3783 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2017-2018 in the amount of $174,928.74.34 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the East Gateway District, Town Lake District, and Downtown Core District, encompassed by the CRA (Community Redevelopment Area) to address quality of life issues, drug dealing, prostitution, and homelessness, and authorize the appropriate officials to execute same. (consent) SUMMARY: Quality of life issues, drug dealing, prostitution, and homelessness, all negatively impact re-development plans. Additional community policing resources are needed to effectively address these issues above and beyond the level provided by routine road patrol functions. An allowable funding source of this action item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for community policing innovations in Community Redevelopment Areas. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/East Gateway area. The term of this Interlocal Agreement will be October 1, 2017 through September 30, 2018. APPROPRIATION CODE AND AMOUNT: Appropriation Code: 388-94849, $174,928.74 Page 1 City of Clearwater Printed on 9/7/2017 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2017 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the development and implementation of community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has ascertained that the East Gateway District, Town Lake District, and Downtown Core District, continue to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution and street crimes in the target area, and address quality of life issues; and WHEREAS, the CRA and the CITY first entered into an Interlocal Agreement during the Fiscal Year 2008-2009 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Years 2012-2013, 2013-2014, 2014-2015, 2015-2016, and 2016-2017 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2017-2018, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1.Term. The term of this Interlocal Agreement will be October 1, 2017 through September 30, 2018. Section 2.Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the 2 Community Redevelopment Area which includes the East GatewayDistrict, Town Lake District, and Downtown Core District Section 3.Responsibilities of the CRA Provide TIF funding in the total amount of $174,928.74 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the additional community policing presence, to be allocated in the following manner:A.$172,940.00 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits.B.$1988.74 to pay the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the Community Redevelopment Area. Section 4.Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carriedout by the CPD. These services are: A.Implementation of a Law Enforcement Strategy in the Community Redevelopment Area as follows: Goal 1:Reduce the sale of synthetic drugs (commonly referred to as “K2” & “Spice”) and reduce the prevalence of prostitution. Objective 1: Eliminate sales and distribution of synthetic drugs. Tasks:a)Identify retail locations and street level dealers which may be engaging in sales of synthetic drugs;b)Gather intelligence information through proactive law enforcement techniques, utilizing undercover techniques and surveillance equipment; andc)Conduct regular plainclothes operations to determine if synthetic drugs are being offered for sale in the Community Redevelopment Area. Outcome Measures: a) Conduct a minimum of six (6) operations to determine ifindividuals or retail establishments in the Community Redevelopment Area are selling synthetic drugs. 3 b) File criminal charges against anyone where probable cause is established that they are selling synthetic drugs. c) Notify the Florida Division of Alcoholic Beverages and Tobacco of any such charges involving retail establishments, so that administrative action may be taken against those establishments which hold licenses to sell alcoholic beverages. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks:a) Conduct prostitution operations in the Community Redevelopment Area utilizing police officers as decoys;b) Utilize directed patrols to discourage prostitutes and "Johns" from frequenting the area; and c) Seek prosecution enhancements for repeat offenders that commit prostitution and solicitation offenses when applicable. Outcome measures: a) Conduct minimum of six (6) prostitution operations annually in the Community Redevelopment Area; andb) Reduction in citizen-generated prostitution complaints in the Community Redevelopment Area. Goal 2:Address homeless issues in the Community Redevelopment Area. Objective 1: Participate in the city’s homeless initiative. Tasks:a) Utilize directed patrol in areas known to be frequented by homeless individuals for the purpose of locating homeless encampments and identifying homeless persons new to the area or not known to the CRA officers; b) Enforce statutes and ordinances against public drinking, public urination, loitering or prowling, etc.;c) Utilize the “no trespass” affidavit program when authorized to address public safety interests in the target area; andd) Participate in activities/programs related to homelessness, as appropriate. 4 Outcome measures:a) 100% of reported or observed violations of criminal law or ordinances will result in arrest, report, citation, warning, or referral to the appropriate social services agency; b) 100% of observed or reported trespass violations will result in trespass warnings, or arrest when authorized by Florida State Statute within the Community Redevelopment Area; andc) CRA officers will complete Field Interview Reports (FIRs)in the appropriate circumstances. Goal 3:Improve safety and security of residents and businesses in the Community Redevelopment Area. Objective 1: Enhance code enforcement activities and identify properties meeting the criteria for referral to the Nuisance Abatement Board.Tasks:a) Coordinate with the CRA and the City's Code Compliance Department to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway; andb) Identify those properties meeting the criteria for referral to the Nuisance Abatement Board to discourage criminal behavior at those locations. Outcome Measures:a) Conduct regular inspections of properties that are in disrepair and negatively impact the quality of life in the East Gateway, on a schedule as agreed upon the CRA, Code Enforcement Inspector, and CPD; andb) Identify and report to the CRA negative environmental factors (need for improved street lightning, vacant buildings, neglected properties, etc.)c) Identify and refer all properties determined to meet the criteria for referral to the Nuisance Abatement Board and provide the necessary documentation to support that referral. Objective 2: Enhance the relationship between the residential neighborhoods and the police department, and increase the perception of safety through enhanced community policing efforts. 5 Tasks: a) Conduct regular park, walk and talk (PWT) activities in the Community Redevelopment Area; andb) Make citizen contacts during PWT activities for the purpose of community relations and information gathering. Outcome Measures:a) CRA officers will conduct a minimum of four (4) PWT activities in the Community Redevelopment Area per week. b) CRA officers will document the outcome of the PWT activities in the TriTech clearance notes for that PWT. B.In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1.Two (2) fully-equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of 40 hours per week.2.Specific duties, activities, and responsibilities:a)The officers will be assigned to a Community Policing Team with geographical responsibility for the Community Redevelopment Area only; b)The Team assignment will always ensure coverage by two (2) officers;c)Schedules of the officers will vary based on the determination of the CRA and CPD management to best serve the residents and business owners in the Community Redevelopment Area. CRA shall be notified of significant changes of officers’ schedules or assignments;d)Officers will patrol by either vehicles, foot, or bicycles;e)A report of police activities and statistical information will be provided to the CRA on a monthly and yearlybasis; andf)The officers selected will be experienced, current members of the CPD.3.An existing, fully-equipped Police Car. C.All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. 6 D.No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the Community Redevelopment Area or for equipment used outside the Community Redevelopment Area. E.Other administrative duties as mutually agreed. Section 5.Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Seth Taylor, CRA Director 112 South Osceola AvenueClearwater, Florida 33756Telephone: (727) 562-4072 City of Clearwater Attn: William B. Horne II, City Manager112 South Osceola AvenueClearwater, Florida 33756Telephone: (727) 562-4046 Section 6.Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7.Indemnification.The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9.Filing Effective Date.As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with 7 the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie CallCity Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________Robert J. Surette Rosemarie CallCity Attorney City Clerk 8/16/2017-12:08 PM 1 Officer 2 Officers Step 6 Step 6 Base Salary 65,479.68 130,959.36 Pension (13%)8,512.36 17,024.72 Social Security (1.45%)949.46 1,898.91 Major Medical (employee only)9,055.00 18,110.00 Life Insurance 10.00 20.00 Workers Compensation 2,460.00 4,920.00 86,470.00 172,940.00 Fuel $1,988.74 TOTAL 174,928.74 Police Department - CRA Funded Officers For FY 2017/18 EXHIBIT "A" Position Enhancement Fact Sheet Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3785 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Award a construction contract to Steve’s Excavating and Paving of Dunedin, FL, in the amount of $551,170.00 for Corona Avenue Sanitary Sewer Improvements project (15-0034-UT), which is the lowest responsible bid received; approve Supplemental Work Order 2 from Engineer of Record (EOR) AECOM, in the amount of $23,550.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Corona Avenue Sanitary Sewer Improvements includes procurement and installation of approximately 700 linear feet of 12 inch-polyvinyl chloride (PVC) pipe and associated manholes; jack and bore 110 linear feet of 12 inch-ductile iron pipe under SR-60; and replacement of 40 linear feet of existing vitrified clay pipe with 10-inch PVC pipe. These improvements will expand the existing sanitary system to reduce the potential for overflows in this area. Six bids were received and Steve’s Excavating and Paving was the lowest in the amount of $555,170.00. After comparing and evaluating bids, the EOR Aecom has recommended awarding construction to Steve’s Excavating and Paving. April 19, 2016, Engineering Director approved an initial Work Order to AECOM in the amount of $24,973.00 for an evaluation of the existing sanitary sewer collection system in Corona and Arcturas Avenue areas. The purpose of the evaluation was to identify potential improvements to the collection system in this area. October 24, 2016, City Manager approved Supplemental Work Order 1 to AECOM in the amount of $64,600.00 for the preparation of design plans & specifications, bidding documents, and assistance during bidding. Supplemental Work Order 2 provides for limited engineering services during construction including: shop drawing reviews, responses to contractor Requests for Information, final inspection and Florida Department of Environmental Protection permit close-out for total work order value of $113,123 (initial, Supplemental 1 and Supplemental 2). It is anticipated that construction will be completed within 150 days from issuance of Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer system. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3785 382-96212-563800-533-000-0000 $555,170.00 315-96212-561300-535-000-0000 $ 23,550.00 Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2018 revenue bonds as a funding source were included in the project list associated with Resolution 17-10. Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond proceeds when issued is available in bond project 0382-96212, Sanitary Sewer Upgrades or Improvements in the amount of $555,170 and $23,550 is available in Capital Improvement Project 0315-96212, Sanitary Sewer Upgrades or Improvements to fund the project. Page 2 City of Clearwater Printed on 9/7/2017 Bid Item Item Description Quantity Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization (3.5% Maximum)1 LS $ 22,500.00 $ 22,500.00 27,000.00 $ 27,000.00 30,000.00 30,000.00 22,750.00 22,750.00 19,400.00 $ 19,400.00 20,000.00 20,000.00 2 Maintenance of Traffic (3.5% Maximum)1 LS $ 22,500.00 $ 22,500.00 10,000.00 $ 10,000.00 30,000.00 30,000.00 20,000.00 20,000.00 19,400.00 $ 19,400.00 20,000.00 20,000.00 3 Locate Existing 20-inch Water Main 1 LS $ 13,850.00 $ 13,850.00 7,500.00 $ 7,500.00 1,000.00 1,000.00 5,500.00 5,500.00 10,500.00 $ 10,500.00 10,000.00 10,000.00 4 F&I 10-inch PVC Gravity Sewer Pipe by Open Cut 40 LF $ 1,060.00 $ 42,400.00 750.00 $ 30,000.00 70.00 2,800.00 200.00 8,000.00 125.00 $ 5,000.00 240.00 9,600.00 5 F&I 12-inch PVC Gravity Sewer Pipe by Open Cut 700 LF $ 260.00 $ 182,000.00 115.00 $ 80,500.00 75.00 52,500.00 350.00 245,000.00 105.00 $ 73,500.00 250.00 175,000.00 6 F&I 12-inch DI Gravity Sewer Pipe by Jack & Bore with 36" Steel Casing 1 LS $ 285,000.00 $ 285,000.00 526,500.00 $ 526,500.00 850,000.00 850,000.00 285,000.00 285,000.00 320,455.00 $ 320,455.00 247,500.00 247,500.00 7 Remove & Dispose of Existing Manhole & Piping 1 LS $ 11,730.00 $ 11,730.00 3,900.00 $ 3,900.00 20,000.00 20,000.00 6,500.00 6,500.00 9,820.00 $ 9,820.00 5,200.00 5,200.00 8 F&I Sanitary Sewer Manhole & Cover 3 EA $ 9,800.00 $ 29,400.00 10,000.00 $ 30,000.00 25,000.00 75,000.00 9,500.00 28,500.00 9,900.00 $ 29,700.00 14,200.00 42,600.00 9 Sod Restoration as Directed by the Owner or the Owner's Authorized Project Representative 50 SY $ 4.50 $ 225.00 10.00 $ 500.00 10.00 500.00 6.00 300.00 8.00 $ 400.00 5.00 250.00 10 Concrete Driveway Restoration as Directed by the Owner or the Owner's Authorized Project Representative 50 SY $ 80.00 $ 4,000.00 60.00 $ 3,000.00 90.00 4,500.00 60.00 3,000.00 58.00 $ 2,900.00 80.00 4,000.00 11 Concrete Sidewalk Restoration as Directed by the Owner or the Owner's Authorized Project Representative 50 SY $ 72.00 55.00 $ 2,750.00 90.00 4,500.00 45.00 2,250.00 53.00 $ 2,650.00 70.00 3,500.00 Suncoast Development of Pinellas County, Inc. 2340 Destiny Way Odessa, FL 33556 Corona Avenue Gravity Sewer Improvements Corona Ave Sanitary Sewer Improvements 15-0034-UT Bid Opening: August 8, 2017 Award Date: September 7, 2017 Dallas 1 Corporation PO Box 249 10328 Main St. Thonotosassa, FL 33592 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa, FL 33610 Metro Equipment Services, Inc. 9415 SW 72nd St. # 123 Miami, FL 33173 Pospiech Contracting, Inc. 201 South Apopka Ave. Inverness, FL 34452 Steve's Excavating & Paving, Inc. PO Box 303 Dunedin, FL 34697 12 Concrete Curb Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 LF $ 35.00 $ 3,500.00 45.00 $ 4,500.00 35.00 3,500.00 33.00 3,300.00 18.75 $ 1,875.00 40.00 4,000.00 13 Underdrain Restoration as Directed by the Owner or the Owner's Authorized Project Representative 50 LF $ 86.00 $ 4,300.00 80.00 $ 4,000.00 70.00 3,500.00 22.00 1,100.00 57.00 $ 2,850.00 50.00 2,500.00 14 Asphalt Paving Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 98.00 $ 9,800.00 160.00 $ 16,000.00 60.00 6,000.00 158.00 15,800.00 13.00 $ 1,300.00 80.00 8,000.00 15 Unsuitable Material Excavation Below Grade as Directed by the Owner or the Owner's Authorized Project Representative 100 CY $ 50.00 $ 5,000.00 50.00 $ 5,000.00 10.00 1,000.00 13.50 1,350.00 18.00 $ 1,800.00 75.00 7,500.00 16 Select Backfill Below Grade as Directed by the Owner or the Owner's Authorized Project Representative 100 CY $ 21.00 $ 2,100.00 45.00 $ 4,500.00 15.00 1,500.00 25.00 2,500.00 18.50 $ 1,850.00 35.00 3,500.00 17 Asphalt Overlay as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 28.00 $ 2,800.00 51.00 $ 5,100.00 25.00 2,500.00 32.00 3,200.00 13.00 $ 1,300.00 40.00 4,000.00 Subtotal $ 641,105.00 $ 760,750.00 1,088,800.00 654,050.00 $ 504,700.00 567,150.00 18 Owner's Contingency (10%)1 LS $ 64,110.50 $ 76,075.00 108,880.00 65,405.00 $ 50,470.00 56,715.00 Total $ 705,215.50 $ 836,825.00 1,197,680.00 719,455.00 $ 555,170.00 623,865.00 R R R R R R R R R R R R RR R R R R R R R R R R R R R R R R R R R R R R R R R R R R ( R R R R R R R R R R R R R R R R R R R R R R R R R R R R R RR R R R R R R R R R !( [Ú DRUID RD RAINBOW DR S HERCULES AVE S ARCTURAS AVE BROOKSIDE DR S COMET AVE S AURORA AVE S METEOR AVE S CORONA AVE S PEGASUS AVE SHADY LN OXFORD DR ALLEN DR AUDUBON ST PINE ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TK N.T.S.298A 13-29s-15e06/02/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: CORONA AVESANITARY IMPROVEMENTS15-0034-UT Path: V:\GIS\Engineering\Location Maps\CoronaAveSAN_Improv.mxd PROJECTLOCATION Legend Sanitary Pipe NetworkSanitary Structures GULF TO BAY BLVD SECTION V – Contract Documents  SECTION V Page i Updated: 2/6/2017  SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1  CONTRACT ................................................................................................................................................ 3  CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7  PROPOSAL/BID BOND ............................................................................................................................ 8  AFFIDAVIT ................................................................................................................................................ 9  NON COLLUSION AFFIDAVIT............................................................................................................ 10  PROPOSAL ............................................................................................................................................... 11  CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13  BIDDER’S PROPOSAL ........................................................................................................................... 14  SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16  SECTION V – Contract Documents  SECTION V Page 1 of 16 Updated: 2/6/2017  Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER [Steve's Excavating & Paving, Inc.] [P.O. Box 303, Dunedin, FL 34697] [727-446-3485] [name] [principal business address] [phone number] City of Clearwater [Engineering Dept.] 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-[4747] PROJECT NAME: CORONA AVENUE SANITARY SEWER IMPROVEMENTS PROJECT NO.: 15-0034-UT PROJECT DESCRIPTION: [Construction of 700 linear feet of 12 in. gravity pipe and associated manholes, and ~ 110 linear feet of jack and bore under SR 60 and the replacement of 40 linear feet of existing 10 in. vitrified clay gravity pipe north of MH 298A1111 and removal & disposal of MH 298A1075.] BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[555,170.00], for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1.Performs the contract dated _________________, between Contractor and Owner forconstruction of Corona Avenue Sanitary Sewer Improvements, the contract documents beingmade a part of this bond by reference (which include the Advertisement for Bids, Proposal,Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans andSpecifications as therein provided for), at the times and in the manner prescribed in the contract;and 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractorin the prosecution of the work provided for in the contract; and SECTION V – Contract Documents  SECTION V Page 2 of 16 Updated: 2/6/2017  Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the timespecified in the contract, then this bond is void; otherwise it remains in full force.6.Any action instituted by a claimant under this bond for payment must be in accordance with thenotice and time limitation provisions in Section 255.05(2), Florida Statutes.7.Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alterationor addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [Steve's Excavating & Paving, Inc.] By: ____________________________Title: ____________________________ Print Name: ____________________________ WITNESS:WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal)_______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents  SECTION V Page 3 of 16 Updated: 2/6/2017  CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: CORONA AVENUE SANITARY SEWER IMPROVEMENTS PROJECT NO.: 15-0034-UT in the amount of $_555,170.00_ In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents  SECTION V Page 4 of 16 Updated: 2/6/2017  CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents  SECTION V Page 5 of 16 Updated: 2/6/2017  CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS 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 contractor’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 contractor hereunder. b)Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c)Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e)A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g)A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h)If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: SECTION V – Contract Documents  SECTION V Page 6 of 16 Updated: 2/6/2017  CONTRACT (4) 1.The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2.At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j)A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned:__________________________________________Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Matthew M. Smith Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents  SECTION V Page 7 of 16 Updated: 2/6/2017  CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: CORONA AVENUE SANITARY SEWER IMPROVEMENTS [Engineering Dept.] PROJECT NO.: 15-0034-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [Steve's Excavating & Paving, Inc. ] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of [Steve's Excavating & Paving, Inc. ] PO Box 303] [Dunedin FL 34697] ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater [Enginering Dept.] 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3797 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve Amendment 1 to Clearwater Beach Route Funding Agreement between Pinellas Suncoast Transit Authority (PSTA) and the City in the amount of $217,263 and authorize the appropriate officials to execute same. (consent) SUMMARY: August 17, 2016, City Council approved a Clearwater Beach Route Funding Agreement with PSTA to contribute towards PSTA’s financial obligations under the Jolley Trolley Agreement for Clearwater Beach Routes as of October 1, 2016 through September 30, 2017. Amendment 1 is to renew the Clearwater Beach Route Funding Agreement from October 1, 2017 through September 30, 2018 allowing the City to contribute towards PSTA’s financial obligation to Jolley Trolley in an amount not to exceed $217,263 for the Clearwater Beach Route that Jolley Trolley provides service under Jolley Trolley Agreement with PSTA. City Staff has reviewed and recommends approval of the renewal of the agreement with the amendment. APPROPRIATION CODE AND AMOUNT: 0435-01333-582000-545-000-0000 $217,263 Funds are included in the proposed FY2018 Parking System Operating Budget for the contribution. Page 1 City of Clearwater Printed on 9/7/2017 AMENDMENT 1 TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FIRST AMENDMENT TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT (First Amendment) is entered into on this _______ day of ________________________, 2017, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the “Parties”) to amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the Parties on September 20, 2016 (the Agreement). WHEREAS,pursuant to the Agreement, City of Clearwater has been contributing funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route, and WHEREAS,the Parties desire to continue the Agreement as amended by this First Amendment; and WHEREAS,unless otherwise defined in this Amendment, all capitalized terms used in this Amendment shall have the meaning defined in the Agreement. NOW THEREFORE,in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Section 2 of the Agreement is hereby amended to read as follows: BASE SERVICE COSTS.City of Clearwater shall contribute toward PSTA’s financial obligations under the Jolley Trolley Agreement for the actual revenue hours provided along the Clearwater Beach Route for each fiscal year the Agreement is in effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth (15th) day of the month immediately following the month during which fixed route trolley services were provided along the Clearwater Beach Route. Each invoice shall be based on actual revenue hours provided. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. For the fiscal year beginning October 1, 2017 and ending September 30, 2018, the funding contribution amount shall not exceed Two Hundred and Seventeen Thousand Two Hundred Sixty-three U.S. Dollars and NO/100 ($217,263). 3. Sections 5 and 6 of the Agreement are hereby deleted entirely. 4. This First Amendment shall be effective October 1, 2017 through the term of the Agreement. All other provisions of the Agreement not specifically amended by this First Amendment, shall remain in full force and effect. To the extent that this Amendment conflicts with the Agreement, the provisions of this First Amendment shall govern. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY ATTEST: _________________________________________________________Rachael Cappolla Brad Miller, Chief Executive Officer APPROVED AS TO FORM: ________________________ Alan S. Zimmet, General Counsel CITY OF CLEARWATER Countersigned: ___________________________________________________________George N. Cretekos, Mayor William B. Horne, II, City Manager Attest:Approved as to form: __________________________________________________________Rosemarie Call, City Clerk Pam Akin, City Attorney CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of 6 lo%W 2016, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district ("PSTA"), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at at 112 South Osceola Avenue, Clearwater, Florida 33756 (the "City of Clearwater") (collectively referred to as the "Parties"). WHEREAS, PSTA, by and through the draft agreement with Jolley Trolley Transportation of Clearwater, Inc. dated September *21,'07, 2016 (the "Jolley Trolley Agreement") attached hereto as Exhibit 1) intends to engage the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the Clearwater Beach Route"); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA will not enter into the Jolley Trolley Agreement without the shared contribution ofthe City of Clearwater, as contemplated by this Agreement. WHEREAS, City of Clearwater, recognizing the benefits,of the Clearwater Beach Route provided by the Trolley Services will bring, desires to make a contribution to PSTA toward PSTA's financial obligations under the Jolley Trolley Agreement, on the terms and conditions set forth herein; and NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: I. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA's financial obligations under the Jolley Trolley Agreement for Clearwater Beach Route for base service costs for the period beginning October 1, 2016 and ending September 30, 2017 at a cost not to exceed $182,503.' PSTA shall send an invoice to City of Clearwater no later than the 15th day of the month following the service which will be based on actual revenue hours provided to PSTA by Jolley Trolley. The contributions made under this Agreement and sent via invoice will be paid directly to PSTA on the 15th day of the month following receipt of each invoice (such that the first payment shall be due on November 15, 2016). In any event, the total contribution amount for City of Clearwater shall not exceed the amount set forth on Page 18 of Exhibit 1. The base service cost does not include the potential payment for any shortfall in the Advertising RecoveryEstimate as set forth in Paragraph 6. 3. ADDITIONAL GRANT FUNDING. Any additional grant funding afforded to the Jolley Trolley from City of Clearwater shall not be subject to PSTA review unless specifically requested. 4. FAILURE TO MAKE PAYMENTS. In the event City of Clearwater fails to make the payments provided in Section 2 above, PSTA may cancel this Agreement, which may result in the termination of the Trolley Services. 5. FAREBOX RECOVERY ESTIMATE. The Parties understand that both a Farebox Recovery Estimate and an Advertising Estimate have been set as set forth on Page 18 of Exhibit 1. The Parties agree that PSTA shall be responsible for ensuring Jolley Trolley receives the Farebox Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform a farebox revenue reconciliation which compares the farebox revenue estimate with the actual farebox revenue (the "Farebox Reconciliation "). If the farebox income collected exceeds the farebox recovery estimate set forth on Page 18 of Exhibit 1 (the "Farebox Recovery Estimate "), no additional payment shall be due to Jolley Trolley. However, if the farebox income collected is less than the Farebox Recovery Estimate, PSTA shall be responsible to pay the amount equal to the difference between the fares collected and the Farebox Recovery Estimate. 6. ADVERTISING RECOVERYESTIMATE. The Parties understand that an Advertising Estimate has been set as set forth on Page 18 of Exhibit 1. The Parties agree that the City of Clearwater shall be responsible for ensuring that Jolley Trolley receives the Advertising Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform an advertising revenue reconciliation which compares the advertising revenue estimate with the actual advertising revenue (the "Advertising Reconciliation "). If the advertising revenue income collected exceeds the advertising recovery estimate set forth on Page 18 of Exhibit 1 (the "Advertising Recovery Estimate "), no additional payment shall be due to Jolley Trolley. However, if the advertising revenue collected is less than the Advertising Recovery Estimate, the City of Clearwater shall be responsible to pay the lesser of either (a) the amount equal to the difference between the advertising revenue collected and the Advertising Recovery Estimate or (b) $32,589.75. PSTA may make payment to Jolley Trolley directly and then seek reimbursement from the City of Clearwater. The City of Clearwater shall make any such payment within thirty (30) days receipt of any such bill. Page 2 of 3 7. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate upon the expiration or termination of the Jolley Trolley Agreement, however terminated. S. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA's rights under the Jolley Trolley Agreement. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SU COAST TRANSIT AUTHORITY By: W tnaA7 rad Miller, Chief Executive Officer c !Cc IG Witness Approved as to Form: Alan met, Esq. General Counsel CITY OF C E WATER,FLORIDA Countersigned: L`ugtre crt o By: George N. Cretekos, Mayor William B. Horne II, City Manager Attest:Approved as to Form: 0t't ie Call, MPA, CMC Pam Aki , City Attorney 4 Page 3 of 3 J hti pB1i51A q Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3820 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve the second amendment to Florida Department of Environmental Protection (DEP) Agreement LP52090 for the Kapok Terrace Sanitary Sewer Expansion Project increasing funding by $250,000 and extending the expiration date through June 30, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: September 2014, City Council approved DEP agreement LP52090 for Clearwater Sanitary Sewer Expansion Projects up to $250,000 which was used for CR193, Grove Circle Expansion during Fiscal Year 2014/15. March 3, 2016, City Council approved Amendment 1 of DEP agreement LP52090 increasing funding by $250,000 to be used for Kapok Terrace Sanitary Sewer Expansion during Fiscal Year 2015/16 and extended the agreement through October 31, 2018. Amendment 2 of DEP Agreement LP52090 allocates an additional $250,000 to Kapok Terrace Sanitary Sewer Expansion Project during Fiscal Year 2016/17 and extends the agreement through June 30, 2019 The goal of the Kapok Terrace Sanitary Sewer Improvements project is to expand the sanitary sewer system in the Kapok Terrace neighborhood. Expansion of the sanitary sewer system will remove up to approximately 135 dwellings from their septic system in the Alligator Creek Watershed which drains to Old Tampa Bay. The expanded sewer system will direct wastewater to East Water Reclamation Facility. Kapok Terrace Sanitary Sewer System Improvements is out to bid with the anticipated bid opening date of September 6, 2017 and an anticipated award date of October 5, 2017. APPROPRIATION CODE AND AMOUNT: 0315-96630-331550 $250,000 A first quarter budget amendment in Fiscal Year 2018 will increase budget, only, by $250,000 of DEP grant funding in Capital Improvement Project 0315-96630, Sanitary Sewer Extension. Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3820 Page 2 City of Clearwater Printed on 9/7/2017 DEP Agreement No. LP52090, Amendment No. 2, Page 1 of 10 DEP AGREEMENT NO. LP52090 CITY OF CLEARWATER AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 1st day of October, 2014, and amended on the 15th day of July, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the CITY OF CLEARWATER (hereinafter referred to as the “Grantee”) is hereby amended. WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion Program (“Project”); and WHEREAS, funding in the amount $250,000 was provided under Line Item 1662A of the 2015-2016 General Appropriations Act; and WHEREAS, $250,000 in additional funding for this Project was provided under Line Item 1600A of the 2016-2017 General Appropriations Act; and WHEREAS, the Grantee has requested a revision in the scope of work; and WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. of the Agreement, as amended, is hereby revised to change the completion date of the Agreement from October 31, 2018, to June 30, 2019. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $750,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department’s Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee’s match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. DEP Agreement No. LP52090, Amendment No. 2, Page 2 of 10 C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A-2, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B- 1, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A-2 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: i. Contractual (Subcontractors) – Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 69I-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A-2. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed DEP Agreement No. LP52090, Amendment No. 2, Page 3 of 10 budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager’s approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference_guide/. F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 3. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following: REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department’s Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and DEP Agreement No. LP52090, Amendment No. 2, Page 4 of 10 December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. The Grantee will identify the expected return on investment for this project and provide this information to the Governor’s Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee’s project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@dep.state.fl.us. 4. Section 8. of the Agreement is hereby deleted in its entirety and replaced with the following: DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days’ written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee’s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee’s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 5. Section 12. of the Agreement is hereby deleted in its entirety and replaced with the following: SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto DEP Agreement No. LP52090, Amendment No. 2, Page 5 of 10 and made a part hereof. Exhibit 1 to Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department’s Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment G, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https:\\apps.fldfs.com\fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 6. Section 13. of the Agreement is hereby deleted in its entirety and replaced with the following: SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 7. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. 8. Sections 18 and 19. of the Agreement are hereby deleted in their entirety and replaced with the following: DEP Agreement No. LP52090, Amendment No. 2, Page 6 of 10 CONTACTS: The Department’s Grant Manager (which may also be referred to as the Department’s Project Manager) at the time of execution for this Agreement is identified below: Farhana Juman, or Successor Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS# 3505 Tallahassee, Florida 32399 Telephone No.: 850-245-2920 E-mail Address: Farhana.Juman@dep.fl.us The Grantee’s Grant Manager at the time of execution for this Agreement is identified below: Jennifer Shannon, or Successor City of Clearwater 100 South Myrtle Avenue #220 Clearwater, Florida 33756-5520 Telephone No.: 727-562-4773 Fax No.: 727-562-4755 E-mail Address: Jennifer.Shannon@myclearwater.com In the event the Department’s or the Grantee’s Grant Manager changes, written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to paragraph 3.B should include the updated Grant Manager information. 9. Sections 20 and 21. of the Agreement are hereby deleted in their entirety and replaced with the following: INSURANCE: A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub-grantee, or Grantee’s contractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation of all required coverage to the Department’s Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days’ written notice (with the exception of non-payment of premium, which requires a 10-calendar-day notice) to the Department's Grant Manager. If the Grantee is self-funded for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self-funded for said insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any sub grant or DEP Agreement No. LP52090, Amendment No. 2, Page 7 of 10 subcontract issued for the performance of the work specified under this Agreement, unless such sub grant or subcontractor employees are covered by the protection afforded by the Grantee. i. Workers' Compensation Insurance is required for all employees connected with the work of this project. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide proof of adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. ii. Commercial General Liability insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual’s claim and $300,000 each occurrence. iii. Commercial Automobile Liability insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any applicable rider to worker’s compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties’ insurance carrier. 10. Section 23. of the Agreement is hereby deleted in its entirety and replaced with the following EQUIPMENT: The purchase of non-expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report on all non-expendable personal property or equipment purchased under its subcontract. Non-expendable personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph 3.D. of this Agreement shall be capitalized in accordance with Chapter 69I-72, F.A.C., with property records maintained by the Grantee for audit purposes. The following terms shall apply: A. The Grantee and/or its subcontractor shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non-expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in Grantee’s possession for use in a contractual arrangement with the Department. DEP Agreement No. LP52090, Amendment No. 2, Page 8 of 10 11. Section 24. is deleted and replaced with RESERVED. 12. Section 34. of the Agreement is hereby deleted in its entirety and replaced with the following: EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. 13. Section 36. is added to the Agreement as follows: PUBLIC RECORDS ACCESS:   A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. C. If Grantee meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10, F.S. ii. Upon request from the Department’s custodian of public records, Grantee shall provide the Department 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 in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall DEP Agreement No. LP52090, Amendment No. 2, Page 9 of 10 destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman@dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 14. Section 37. is added to the Agreement as follows: TERMINATION FALSE CERTIFICATION, SCRUTINIZED COMPANIES, BOYCOTTING: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 15. Attachment A-1, Revised Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to any prior Attachment A’s, shall hereinafter refer to Attachment A-2, Revised Project Work Plan. 16. Attachment G-1, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment G-2, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment G-1, shall hereinafter refer to Attachment G-2, Revised Special Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP52090, Amendment No. 2, Page 10 of 10 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement LP52090 to be duly executed, the day and year last written below. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:________________________________ By:____________________________________ City Manager Secretary or designee Print Name of Authorized Person Print Name and Title of Authorized Person Date: _______________________________ Date: _________________________________ _______________________________________ Farhana Juman, DEP Grant Manager ____________________________________ DEP QC Reviewer FEID No.:59-6000289 List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description (include number of pages) Attachment A-2 Revised Project Work Plan (4 Pages) Attachment G-2 Revised Special Audit Requirements (5 pages) ATTACHMENT A-2 REVISED GRANT WORK PLAN PROJECT TITLE: Clearwater Sewer System Expansion Project PROJECT LOCATION: The Project will be in the City of Clearwater (Grantee) neighborhood known as Kapok Terrace which is located in the Alligator Creek Watershed (WBID 1574) and the Coastal Zone 3 Watershed (WBID 1603) which are located in the City of Clearwater in Pinellas County. Both watersheds drain to Old Tampa Bay (WBID 1558H). See Figure 1 for a location map and site plan. Latitude – 27.972; Longitude – 82.711. PROJECT BACKGROUND: Pinellas County is the most densely urbanized county in the state and many of the local water bodies have been verified impaired for fecal coliforms, dissolved oxygen and/or nutrients. Replacing septic tanks with a sewer system that connects to an advanced wastewater treatment plant will help reduce the pollutant loadings on the local surface waters as required by the Total Maximum Daily Loads for each WBID. In January of 2011, the City of Clearwater updated the “Sewer System Expansion Feasibility Study”, which identified 33 areas that could be added to the City’s wastewater collection system and prioritized the expansion of the wastewater service into these areas. The City adopted the recommendations of the Feasibility Study and has developed a Capital Improvements Plan that includes the removal of septic tank systems over a 20-year period. The removal of approximately 500 septic tank systems from the first five highest priority areas has been completed. This project includes sewer extension, connections, and septic tank abandonment in three areas. The Kapok Terrace project area includes approximately 135 septic tank systems. PROJECT DESCRIPTION: The Grantee will expand the sanitary sewer system by installing gravity sanitary sewer mains including connections to the existing collection system, manholes, laterals and cleanouts to connect properties in the neighborhood. The project also involves constructing new service laterals and connecting to the gravity sewer as well as abandon existing individual septic tanks on private property. Finally, the Grantee will restore public right of ways and private properties to pre-construction conditions or better. Kapok Terrace will have approximately 7,400 linear feet of gravity sewer main installed along with 34 sewer manholes, and the abandonment of approximately 135 septic tank systems. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct an expansion of the sanitary sewer system in accordance with the final design(s) and required permits. Deliverable 1a: Construction completed to date as described in this task, as evidenced by these interim deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Contractor’s Application and Certification for Payment, and 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be DEP Agreement No. LP52090, Attachment A-2, Page 1 of 4 DEP Agreement No. LP52090, Attachment A-2, Page 2 of 4 submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department’s Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents and specifications. Upon review and written acceptance of each monthly interim deliverable submittal by the Department’s Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that monthly submittal under this task. Contractor’s Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials, labor, and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 1b: Sanitary sewer expansion, constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department’s Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Upon review and written approval by the Department’s Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department’s Grant Manager prior to payment request submittal. DEP Agreement No. LP52090, Attachment A-2, Page 3 of 4 PROJECT TIMELINE AND BUDGET DETAL: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction Contractual Services $750,000 7/1/2014 12/31/2018 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP52090, Attachment A-2, Page 4 of 4 Figure 1: Kapok Terrace Area Map Attachment G-2, Page 1 of 5 ATTACHMENT G-2 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. Attachment G-2, Page 2 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment G-2, Page 3 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us Attachment G-2, Page 4 of 5 B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment G-2, Page 5 of 5 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1668A 2014-2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Amendment 1 General Appropriations, Line Item 1662A 2015-2016 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Amendment 2 General Appropriations, Line Item 1600A 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Total Award $750,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. LP52090, Amendment No. 1, Page 1 of 11 STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP52090 CITY OF CLEARWATER AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 1st day of October, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and the CITY OF CLEARWATER (hereinafter referred to as the “Grantee”) is hereby amended. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion Program; and WHEREAS, $250,000 in additional funding for this Project was provided under Line Item 1662A of the 2015-2016 General Appropriations Act; and WHEREAS, an increase to the above-referenced grant is provided; and WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. of the Agreement is hereby revised to change the completion date of the Agreement from October 31, 2016, to October 31, 2018. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $500,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department’s Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project’s total funding amount will require a formal Amendment to the Agreement. DEP Agreement No. LP52090, Amendment No. 1, Page 2 of 11 C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A-1, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B-1, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A-1 must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: i. Contractual (Subcontractors) – Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A-#. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than DEP Agreement No. LP52090, Amendment No. 1, Page 3 of 11 those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager’s approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of Section 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in Sections 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference_guide/. F. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of DEP Agreement No. LP52090, Amendment No. 1, Page 4 of 11 Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee to the date repayment is made by the Grantee to the Department. 3. Section 4. of the Agreement is hereby deleted in its entirety and replaced with the following: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 4. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department’s Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor’s Office of Policy and Budget. 5. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the following: Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further nothing shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 6. Section 8. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Department may terminate this Agreement at any time if any warranty or representation made by the Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the DEP Agreement No. LP52090, Amendment No. 1, Page 5 of 11 Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day’s written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee’s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee’s consultant(s) or subcontractor(s) shall not constitute a force majeure event. 7. Section 10. of the Agreement is hereby deleted in its entirety and replaced with: “Reserved.”. 8. Section 11. of the Agreement is hereby deleted in its entirety and replaced with the following: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting DEP Agreement No. LP52090, Amendment No. 1, Page 6 of 11 principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department’s Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 9. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the following: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 10. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the following: Any notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 11. Section 21. of the Agreement is hereby deleted in its entirety and replaced with the following: To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department’s Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work DEP Agreement No. LP52090, Amendment No. 1, Page 7 of 11 under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual’s claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company-Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any applicable rider to worker’s compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties’ insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days’ written notice (with the exception of non-payment of premium which requires a 10-calendar-day notice) to the Department's DEP Agreement No. LP52090, Amendment No. 1, Page 8 of 11 Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 21.F. supersedes 21.A. through E., above. Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 12. Section 24. of the Agreement is hereby deleted in its entirety and replaced with the following: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3). All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement. 13. Section 28. of the Agreement is hereby deleted in its entirety and replaced with: “Reserved.”. 14. Section 32. is added to the Agreement as follows: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: (1) The contractor’s maintaining an office or place of business within a particular local jurisdiction; or (2) The contractor’s hiring employees or subcontractors from within a particular local jurisdiction; or (3) The contractor’s prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state DEP Agreement No. LP52090, Amendment No. 1, Page 9 of 11 shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 15. Section 33. is added to the Agreement as follows: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 16. Section 34. is added to the Agreement as follows: This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. 17. Section 35 is added to the Agreement as follows: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 18. Attachment A, Project Work Plan, Revised Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to any prior Attachment A’s, shall hereinafter refer to Attachment A-1, Revised Project Work Plan. 19. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-1, Payment Request Summary Form. DEP Agreement No. LP52090, Amendment No. 1, Page 10 of 11 20. Attachment G, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment G-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment G, shall hereinafter refer to Attachment G-1, Revised Special Audit Requirements. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP52090, Amendment No. 1, Page 11 of 11 IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement LP52090 to be executed on its behalf by the Secretary or Designee of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Department. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: City Manager Secretary or Designee Date:Date: Mahnaz Massoudi, DEP Grant Manager FEID No.: 59-6000289 DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description (include number of pages) Attachment A-1 Revised Project Work Plan (4 Pages) Attachment B-1 Payment Request Summary Form (3 Pages) Attachment G-1 Revised Special Audit Requirements (5 pages) DEP Agreement No. LP52090, Attachment A, Page 1 of 4 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Clearwater Sanitary Sewer Expansion Program PROJECT AUTHORITY: The City of Clearwater (Grantee) received funding from the Florida Legislature in the amount of $250,000 through Specific Appropriation Line Item No. 1668A, Fiscal Year (FY) 2014 – 2015, General Appropriations Act, and $250,000 through Specific Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 – 2016, General Appropriations Act. The Grantee received this funding for the purpose of expanding the sanitary sewer system. Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No. 37.039. PROJECT LOCATION: The Project will be in neighborhoods located on County Road 193 in Alligator Creek Watershed, Water Body Identification Number (WBID) 1574, Grove Circle in Steverson Creek Watershed, WBID 1567, and Belcher Area in the Allen’s Creek Watershed, WBID 1604, which are all located within the City of Clearwater in Pinellas County, Florida. The Kapok Terrace area involved in this project is adjacent to the Alligator Creek tributary of Alligator Lake WBID 1574A in the Tampa Bay Basin of Florida. See Figure 1 for a location map and site plan. Latitude – 27.9736; Longitude – 82.7642. PROJECT BACKGROUND: Pinellas County is the most densely urbanized county in the state and many of the local water bodies have been verified impaired for fecal coliforms, dissolved oxygen and/or nutrients. Replacing septic tanks with a sewer system that connect to an t advanced wastewater treatment plants will help reduce the pollutant loadings on the local surface waters as required by the Total Maximum Daily Loads (TMDLs) for each WBID. In January of 2011, the City of Clearwater updated the “Sewer System Expansion Feasibility Study”, which identified thirty-three (33) areas that could be added to the City’s wastewater collection system and prioritized the expansion of the wastewater service into these areas. The City adopted the recommendations of the Feasibility Study and has developed a Capital Improvements Plan (CIP) that includes removal of septic tank systems over a 20-year period. The removal of approximately 400 septic tank systems from the first two highest priority areas known as “Idlewild and The Mall” were completed. The removal of septic tank systems in the next three neighborhoods began in July 2015 and will be completed in the summer of 2016. This project includes sewer extension, connections and septic tank abandonment in two areas. The first area is Grove Circle and Belcher area. The Grove Circle and Belcher Area includes approximately 80 individual septic tank systems. The second is the Kapok Terrace area. The Kapok Terrace area is comprised of approximately 135 properties with individual septic tank systems. PROJECT DESCRIPTION: The Grantee will expand the sanitary sewer system by installing gravity sanitary sewer mains including connections to the existing collection system, manholes, laterals and cleanouts to connect properties in three neighborhoods in the Kapok Terrace area; constructing new service laterals and connecting to gravity sewer as well as abandon existing DEP Agreement No. LP52090, Attachment A, Page 2 of 4 individual septic tanks on private property; and fully restoring public right of way and private property to pre-construction conditions or better. For the County Road 193, Grove Circle and Belcher Area Project, approximately 7,000 linear feet of gravity sewer main will be installed along with 26 sewer manholes and the abandonment of approximately 80 individual septic tank systems. For the Kapok Terrace Project, approximately 7,000 linear feet of gravity sewer main will be installed along with 30 sewer manholes and the abandonment of approximately 135 individual septic tank systems. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct an expansion of the sanitary sewer system in accordance with the final design(s) and required permits for the Grove Circle and Belcher area as well as the Kapok Terrace area. The final design(s) and required permits will be submitted to the Department upon request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department’s Grant Manager prior to payment request submittal. Deliverable 1a: 1) signed acceptance of the completed work by the Grantee, 2) Contractor’s Application and Certification for Payment, 3) dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department’s Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Upon review and written acceptance of each interim deliverable submittal by the Department’s Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor’s Application and Certification for Payment should include the following supporting documentation: 1. An itemized summary of the materials, labor, and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable 1b: Sanitary sewer expansion, constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, DEP Agreement No. LP52090, Attachment A, Page 3 of 4 and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department’s Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee’s construction contract documents. Upon review and written approval by the Department’s Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. Task/ Deliverable No. Task or Deliverable Title Task Start Date Task End Date Deliverable Due Date/ Frequency 1 Construction July 1, 2015 October 31, 2018 1a Interim Deliverables Not more than once per month 1b Final Deliverables August 31, 2018 BUDGET DETAIL BY TASK: Task No. Budget Category Budget Amount 1 Contractual Services $500,000 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Category Totals Grant Funding, Not to Exceed, $500,000 Contractual Services Total $500,000 Total: $500,000 DEP Agreement No. LP52090, Attachment A, Page 4 of 4 Attachment B-1, Page 1 of 3 ATTACHMENT B-1 PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: ________________ Agreement Effective Dates: _______________________ Grantee: ________________________________ Grantee’s Grant Manager: __________________ Mailing Address: ___________________________________________________________________ Payment Request No. ______________________ Date of Payment Request: __________________ Performance Period (Start date – End date): _______________________________________________ Task/Deliverable No(s). _______________ Task/Deliverable Amount Requested: $______________ GRANT EXPENDITURES SUMMARY SECTION _____________________________________________ [Effective Date of Grant through End-of-Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/Wages $N/A $N/A $N/A $N/A Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A Fringe Benefits $N/A $N/A $N/A $N/A Indirect Cost $N/A $N/A $N/A $N/A Contractual (Subcontractors) $ $ $ $ Travel (if authorized) $N/A $N/A $N/A $N/A Equipment Purchases (if authorized) $N/A $N/A $N/A $N/A Rental/Lease of Equipment $N/A $N/A $N/A $N/A Other Expenses $N/A $N/A $N/A $N/A Land (if authorized) $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $ Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION Complete Grantee’s Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Attachment B-1, Page 2 of 3 Grantee’s Certification of Payment Request I, _______________________________________________________________________________ , (Print name of Grantee’s Grant Manager designated in the Agreement) on behalf of _____________________________________________________ , do hereby certify that: (Print name of Grantee/Recipient)  The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.  All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.  The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply:  All permits and approvals required for the construction, which is underway, have been obtained.  Construction up to the point of this disbursement is in compliance with the construction plans and permits.  The Grantee’s Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy – mm/dd/yy) Grantee's Grant Manager’s Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Attachment B-1, Page 3 of 3 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee’s agency. GRANTEE’S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the “TOTAL TASK/DELIVERABLE BUDGET AMOUNT” line for the “AMOUNT OF THIS REQUEST” column. GRANT EXPENDITURES SUMMARY SECTION: “AMOUNT OF THIS REQUEST” COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the “TOTAL AMOUNT” line. Enter the amount of the task on the “TOTAL TASK BUDGET AMOUNT” line. Enter the total cumulative amount of this request and all previous payments on the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” line. Deduct the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” from the “TOTAL TASK BUDGET AMOUNT” for the amount to enter on the “TOTAL REMAINING IN TASK” line. “TOTAL CUMULATIVE PAYMENT REQUESTS” COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the “TOTALS” line. Do not enter anything in the shaded areas. “MATCHING FUNDS” COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the “TOTAL AMOUNT” line for this column. Enter the match budget amount on the “TOTAL TASK BUDGET AMOUNT” line for this column. Enter the total cumulative amount of this and any previous match claimed on the “LESS TOTAL CUMULATIVE PAYMENTS OF” line for this column. Deduct the “LESS TOTAL CUMULATIVE PAYMENTS OF” from the “TOTAL TASK BUDGET AMOUNT” for the amount to enter on the “TOTAL REMAINING IN TASK” line. “TOTAL CUMULATIVE MATCHING FUNDS” COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled “TOTALS.” The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE’S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee’s Grant Manager as identified in the grant agreement and the Grantee’s Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Attachment G-1, Page 1 of 5 ATTACHMENT G-1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. Attachment G-1, Page 2 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment G-1, Page 3 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us Attachment G-1, Page 4 of 5 B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment G-1, Page 5 of 5 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1668A 2014-2015 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Amendment 1 General Appropriations, Line Item 1662A 2015-2016 37.039 Statewide Surface Water Restoration and Wastewater Projects $250,000.00 140047 Total Award $500,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DREW ST BAYVIEW AVE N McMULLEN BOOTH RD MADERA AVE CHAMBLEE LN BORDEAUX LN SAN JOSE ST SAN PEDRO ST SAN MATEO ST CALAIS LN KAPOK CIR SAN BERNADINO ST ABBEY CT KAPOK KOVE CIR MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR RUTH ECKERD HALL DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST JANE McFARLAND CI R MISSION CIR ABBEY CRESCENT LN KAPOK KOVE 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 JS N.T.S.283A 09-29s-16e08/24/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: KAPOK TERRACE SANITARY SEWER SYSTEMPROJECT #15-0036-UT Path: V:\GIS\Engineering\Location Maps\Kapok Terrace SS System.mxd PROJECTLOCATIONPROJECTLOCATION Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3824 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) in the amount of $ 1,284,909.00 to Pierce Manufacturing Inc. of Appleton, WI for one 2017 Heavy Duty Pierce Velocity Ascendant Tiller, per spec 626, in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Department has one Tiller which has exceeded its recommended service life. A Tiller type of aerial apparatus provides exceptional turning radius capability, enhanced storage capability, lower vehicle profile, and will up-grade the abilities of the unit it replaces. The aerial apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational features consistent with the department’s needs. CFR currently operates eleven front line vehicles (8 engines, 2 trucks, a heavy duty rescue squad), and five reserve vehicles (3 engines and 2 trucks) manufactured by Pierce Manufacturing. For standardization of equipment, repair parts, and ease of maintenance along with the complexity of the specialty unit, the department desires to purchase a new front-line tiller from the same manufacturer under the sole source exemption to purchasing requirements. Estimated annual operating costs of $ 40,000.00 in the department’s operating budget include debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. APPROPRIATION CODE AND AMOUNT: The FY 2017/2018 Capital Improvement Project (CIP) project 315-91274 provides $1,300,000.00 in Penny III funding for the replacement of the tiller apparatus. The department desires to approve this purchase in order to receive placement on the Pierce Manufacturing production schedule before other fire departments receiving funding in the new fiscal year. The Department has determined to purchase a Pierce Tiller Apparatus for the amount of $1,299,909.00 and take advantage of a partial pre-payment discount. By making a $387,914.00 prepayment the department can realize a $15,000.00 prepayment discount. The net cost of the apparatus is $1,284,909.00 after realizing a $15,000.00 partial prepayment discount. Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3824 Page 2 City of Clearwater Printed on 9/7/2017 Fire and Rescue Apparatus Coverage: Twenty (20) Year Structural Integrity Pierce Aerial Device Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Each new Pierce Aerial Device shall be free from defects in material and workmanship. Aerial Device Models Covered by this warranty include: Aerial Platforms Aerial Ladders SkyBoom 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the torque box, turntable, aerial sections and other structural components of the aerial device, as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1911 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Twenty (20) Years - or - 100,000 Miles Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.10/23/2013 WA0052 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Custom Cab Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0008 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. No specific exclusions apply Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Basic Apparatus Twelve (12) months.Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED  WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.  PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.  TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BE PAID BY THE CUSTOMER APPLICABLE MODELS Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series, 2400 Series 0–36 No Limit No Charge No Charge HT with Electronic Controls 0–60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0–60 No Limit No Charge No Charge Page 1 of 2 WHAT IS NOT COVERED  DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: — Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle; — Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.  REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.  USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END-USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Command Zone Electronics Five (5) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Command Zone control modules shall be free from failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. MERITOR® COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2016 VEHICLES Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221). SIMPLER IS BETTER Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered. 2 3 Linehaul .............................................................................................................4-5 General Service ...................................................................................................6-7 Heavy Service ......................................................................................................8-9 Off-Highway Service ..............................................................................................10 Terms and Conditions ............................................................................................11 How to Read Warranty Coverage Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor Notice: Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P). Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Effective Model Year 2016 Vehicles WARRANTY INFORMATION CONTENTS n Auto Hauler n Bulk Hauler n Chip Hauler (Truck)* n Doubles n Flatbed n General Freight n Grain Hauler n Livestock Hauler n Moving Van n Pipe Hauler n Refrigerated Freight n Tanker n Triples FD-965 FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FF-967 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12E-122A-N MFS-12-143A-N MFS-12E-143A-N MFS-12-144A-N MFS-13-122A-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-143A-N n High mileage operation (over 60,000 miles/year) n Well maintained major highways of concrete or asphalt construction n Greater than 30 miles between starting and stopping Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. Linehaul Vehicles Front Non-Drive Steer Axles – 5/750/P&L Linehaul Typically Is RPL 5/500/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines RS-19-144/145/A MS-19-14X MS-21-144 RS-21-145 RS-21-160 RS-23-160 RS-23-161 RS-23-186 Rear Drive Single Axles – 5/750/P&L 1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. RT-34-144/P/A RT-40-145/A RT-40-160/P1,2 RT-46-160/P1,2 RT-46-164EH/P1,2 RT-50-160/P1,2 MA-40-165 MA-40-175 MT-34-14X/P MT-40-14X/P MT-40-14X/P MT-40-144/P MT-40-943 MT-40-943-SP RZ-1662 RZ-188 Rear Drive Tandem/Tridem Axles – 5/750/P&L 4 LINEHAUL WARRANTY INFORMATION Cam Q Series Trailer Brakes 5/500/P, 1/100/L LX500 Feature1 5/750/P&L Q+ Drum Brake™ 5/500/P, 1/Unl/P&L ASA 5/500/P, 1/Unl/P&L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 5/500/P, 1/Unl/L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L. 2 Based on stamped wear diameter max. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/500/P, 1/100/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 7/Unl/P, 5/Unl/L PinLoc Air Controls 1/100/P&L PinLoc Actuator 3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 7/Unl/P, 5/Unl/L MTA (Trailing Arm) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs & Rebound Straps 2/200/P, 1/100/L Bushings 5/500/P, 3/300/L 1 Fastener torque coverage is limited to 2/Unl P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L 1 For brake components and ABS Coverage, refer to appropriate product warranties. MTIS Components 3/500/P&L Beam and Brackets 5/500/P, 1/100/L Wheel End Systems1 Standard System2 1/100/P&L PreSet by Meritor3 5/500/P&L AxlePak44 4P/3L Beam and Brackets 5/500/P, 1/100/L AxlePak65 6P/5L Beam and Brackets 6/600/P, 1/100/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor. 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and Meritor bearings. 5 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and STEMCO matched bearing sets. (For brake components and ABS coverage, refer to appropriate product warranties.) Brake Components Trailer Air Suspension Systems TAG/Pusher Axles1 Meritor Tire Inflation System by PSI Trailer Axles 5 LINEHAUL WARRANTY INFORMATION n Aerial Ladder Truck n Aerial Platform n Ambulance n Auto Hauler n Beverage Truck n Chip Hauler n Cross Country Coach n Flatbed n Front Engine Commercial Chassis n Front Engine Integral Coach n General Freight n Intercity Coach n Intermodal Chassis n Livestock Hauler n Meat Packer n Moving Van n Municipal Truck n Newspaper Delivery n Pick-Up and Delivery n Pipe Hauler n Platform Auto Hauler n Pumper n Rear Engine Integral Coach n Recreational Vehicles n Refrigerated Freight n School Bus n Stake Truck n Tanker n Tanker Truck n Tour Bus n Wrecker FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FH-941 FH-9461 FL-941 FL-943 MFS-6-151A-N MFS-6-153B-N MFS-6-162B-N MFS-6-153C-N MFS-6-162C-N MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-143A-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12E-122A-N MFS-12-143A-N MFS-12-144A-N MFS-12E-143A-N MFS-13-122A-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. RT-40-160/P RT-46-160/P RT-46-164EH/P RT-50-160/P General Service Vehicles Front Drive/Non-Drive Steer Axles – 2/Unl/P&L General Service Typically Is Rear Drive Tandem – 3/Unl/P&L RPL 4/400/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines MS-17-14X MS-19-14X RS-17-144/145/A RS-19-144/145/A MS-21-14X MS-21-144 RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-22-145/A RC-23-160 RC-23-161 RC-23-1621 RC-23-1651 RS-23-160 RS-23-160 RS-23-161 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-25-160 RS-26-185 MS-26-616 MS-26-616-SP RS-30-185 MS-30-616 MS-30-616-SP RS-35-380 71162 71163 79163 Rear Drive Single Axles – 2/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-34-14X/P RT-34-144/P/A MT-40-14X/P MT-40-144/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 RZ-166 RZ-188 Rear Drive Tandem/Tridem Axles – 2/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. 6 GENERAL SERVICE WARRANTY INFORMATION 1 Can also be used with reduced steer angles in tag position in Coach Applications. Cam Q Series Trailer Brakes 3/Unl/P, 1/Unl/L LX500 Feature1 3/Unl/P&L Cam P3 2/200/P Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake ™3 2/200/P&L ASA 3/Unl/P ASA3 2/200/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. 2 Based on stamped wear diameter max. 3 Applies to Tour Bus and Cross Country Coach only. Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L AxlePak44 4P/3L Beam and Brackets 5/Unl/P, 1/Unl/L AxlePak65 6P/5L Beam and Brackets 6/Unl/P, 1/Unl/L 1 9000 Series is 3/Unl/P, 1/Unl/L 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor 4 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and Meritor bearings. 5 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and STEMCO matched bearing sets. (For brake components and ABS coverage, refer to appropriate product warranties.) Beam & Brackets 6/Unl/P, 1/Unl/L Wheel End Systems1 Standard System 1/Unl/P&L AxlePak42 4P/3L Beam and Brackets 7P/1L AxlePak63 6P/5L Beam and Brackets 7P/1L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and Meritor bearings. 3 Applies to STEMCO Guardian HP Seal, STEMCO Pro-Torq nut, STEMCO Integrated Sentinel Hub Cap, and STEMCO matched bearing sets. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/Unl/P, 1/Unl/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 7/Unl/P, 5/Unl/L PinLoc Air Controls 1/Unl/P&L PinLoc Air Actuator 3/Unl/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 7/Unl/P, 5/Unl/L MTA (Trailing Arm) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs and Rebound Straps 2/Unl/P, 1/Unl/L Bushings3 5/Unl/P, 3/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P, 1/Unl/L MTIS Components 3/500/P&L TQ, TQD, TR, TRD Beam and Brackets1 3/Unl/P, 1/Unl/L MC12002, MC14002, MC16003, FH946 2/Unl/P&L (For brake components and ABS coverage, refer to appropriate product warranties.) 1 3/UNL/P&L if sold with PreSet by Meritor. Brake Components Trailer Axles Chassis Axles (2000 Series/ChassiPak) Trailer Air Suspension Systems Meritor® Tire Inflation System by PSI TAG/Pusher Axles 7 GENERAL SERVICE WARRANTY INFORMATION Heavy Service Vehicles n Airport Rescue Fire (ARF) n Airport Shuttle n Asphalt Truck n Block Truck n Bottom Dump Trailer Combination n Cementing Vehicle n City Bus n Commercial Pick-Up n Concrete Pumper n Construction Material Hauler n Crash Fire Rescue (CFR) n Mixer n Demolition n Drill Rig n Dump n Emergency Service n Equipment Hauling n Flatbed Trailer Hauler n Flatbed Truck n Fracturing Truck n Front Loader n Geophysical Exploration n Hopper Trailer Combinations n Landscaping Truck n Liquid Waste Hauler n Log Hauling n Lowboy n Michigan Special Gravel Trains n Michigan Special Log Hauler n Michigan Special Steel Hauler n Michigan Special Waste Vehicle n Municipal Dump n Rapid Intervention Vehicle (RIV) n Rear Loader (Refuse) n Recycling Truck n Residential Pick-Up (Refuse) n Rigging Truck n Roll-Off n Scrap Truck n Semi-End Dump n Sewer/Septic Vacuum n Shuttle Bus n Side Loader n Snowplow/Snowblower n Steel Hauling n Tanker n Tank Truck n Tractors with Pole Trailers n Tractor/Trailer with Jeeps n Transfer Dump n Transfer Vehicle n Transit Bus n Trolley n Utility Truck n Winch Truck n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty requires that the application of prod- ucts be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. Heavy Service Typically Is FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122 MFS-12E-122 MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-122 MFS-13-143A-N MFS-13-144A-N MFS-13-155 MFS-14-122 MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N RF-16-145 RF-21-160 MX-10-120 MX-12-120 MX-14-120 MX-16-120 MX-18-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-23-810 MS-17-14X RS-17-144/145/A MS-19-14X RS-19-144 MS-21-114 MS-21-14X RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RC-23-161 RS-23-161 RS-23-186/380 RC-23-162 RC-23-165 RS-24-160 RS-25-160 MS-26-616 MS-26-616-SP RS-26-185/380 MS-30-616 MS-30-616-SP RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 MT-58-616-SP 71162 71163 79163 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L Rear Drive Single Axles – 2/Unl/P&L RPL 92N MXL Drivelines – 1/Unl/P&L 8 HEAVY SERVICE WARRANTY INFORMATION MT-34-14X/P RT-34-144/P/A MT-40-14X/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 MT-52-616-SP RT-52-185/3801,2 MT-58-616 MT-58-616-SP RT-58-185/3801,2 RT-70-380 MT-70-380 RZ-166 RZ-188 Cam P 3/Unl/P Cam P3 2/100/P Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake™2 2/100/P&L ASA 3/Unl/P ASA2 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Based on stamped wear diameter max. 2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Warranty for all non-Meritor ASAs supplied by Meritor for all Heavy Service vocations is 1/100/P. RT-40-160/P/A3 RT-46-160/P/A1,3 RT-46-164EH/P/A2,3 RT-50-160/P/A3 1 U.S. only. Canadian warranty = 1/Unl/P for combination vehicles only. 2 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. MTA (Trailing Arm) Major Structural Components1 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings1 5/Unl/P, 3/Unl/L 1 Raw wood applications 3/Unl/P, 1/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) MTC-4208 MTC-4210 MTC-4213 T-2111 T-2119 T-2120 MTIS Components 3/500/P&L MC26000 71063 79063 Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L. 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) 1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Rear Drive Tandem/Tridem Axles – 2/Unl/P&L Brake Components Rear Drive Tandem – 3/Unl/P&L Trailer Air Suspension Systems Transfer Cases – 1/Unl/P Meritor Tire Inflation System by PSI Center Non-drive Axles – 2/Unl/P&L Trailer Axles 9 HEAVY SERVICE WARRANTY INFORMATION Industrial And Off-Highway Service Vehicles n Load-On/Load-Off n Port Tractor n Rail Yard Spotter n Roll-On/Roll-Off n Stevedoring Tractor n Trailer Spotter n Yard Jockey n All-Terrain Crane n Rough Terrain Crane n Forestry n Material Handling n Specialized Heavy Haul n Specialized Mining n Excavator n Compactor n Fertilizer Spreader n Snow Blower n Mining n Rail Car Mover n Loader n Tow Tractor n Pushback Tractor n Low mileage operation n Low speed vehicle speed restriction n Vehicles are not typically licensed for highway use n Six (6) starts/stops per mile (typical) Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. MOR MOX MOC RPL MXL MOR MOX MOC MOT Cam P 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P FF - 941 FF - 943 FF - 961 FF - 966 FG - 941 FG - 943 FL - 941 FL - 943 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N MON-Z0 FAMILY MT-44-14X/P MT-52-616 MT-52-616-SP MT-58-616 MT-58-616-SP MT-70-380 RT-44-145/P RT-46-160/P RT-46-164EH/P RT-50-160/P RZ-166 RS-23-186 RS-23-380 RS-24-160 RS-24-160-SP MS-30-616 MS-30-616-SP RS-30-185 RS-30-380 MS-35-380 Industrial And Off-Highway Service Typically Is Drive Steer Axles – 1/Unl/P Drivelines – 1/Unl/P Planetary Axles – 1/Unl/P Brake Components Front Non-Drive Steer Axles – 1/Unl/P Rear Drive Tandem Axles – 2/Unl/P Rear Drive Single Axles – 1/Unl/P 10 OFF-HIGHWAY SERVICE WARRANTY INFORMATION Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. ASA Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies. Cam Brake Brake lining wear and brake shoe “rust-jacking.” Disc Brake Pad wear, rotor wear. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. STEELite X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 11 TERMS AND CONDITIONS For more information: call Ontrac at 866-668-7221 or visit meritor.com ©2015 Meritor, Inc. Litho in USA, SP-95155 Revised 03-15 (47865/11900) Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA Vehicle models, brands and names depicted herein are the property of their respective owners, and are not in any way associated with Meritor, Inc., or its affiliates. TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Inc. warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as re-placements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not sold by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evalu-ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0001 Velocity® & Impel® Cab Doors Pierce Manufacturing certifies the integrity of the Velocity® & Impel® cab doors. Specimens representing the substantial structural configuration of the Velocity and Impel cab front and crew doors have been successfully tested to meet the following objectives: OBJECTIVES: • Survive a 200,000-cycle door slam test with a slam acceleration up to 20 g’s on one representative • Validate the assembly concept of the main structure of the door by evaluating the durability of the bonding technique. • Evaluate components, structure, and mounting of the door during and the end of the test for fatigue and failure to ensure durability. • Verify that the door seals function properly at the end of the test. • Evaluate the new extrusions and castings of the cab doorframe during and at the end of the test for fatigue, failure, and deformation of seal flanges. • Evaluate various mounting options for the electronic control module for durability during portions of the slam test. CONCLUSIONS: • The door structure and doorframe successfully completed a 200,000-cycle door slam test with a door slam acceleration of 50 g’s. VALIDATION TEST: RD1239, RD1350 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0001 Door Durability - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0005 Velocity® & Impel® Windshield Wiper System Pierce Manufacturing certifies the integrity of the Velocity® & Impel® Windshield Wiper System. Specimens representing the configuration of the Velocity® & Impel® windshield wipers have been successfully tested to meet the following objectives: OBJECTIVES: • Complete 3,000,000 cycles of windshield wiper operation per SAE J198 § 6.2 • Inspect wiper motor, pivots, linkages, and mounts frequently to validate cumulative wiper system integrity. CONCLUSIONS: • The wiper linkage, pivots, and mounts successfully completed 4,254,000 cycles. • The low speed circuit on the wiper motor failed at 2,954,000 cycles but it continued to operate on high speed. The low speed failure was determined to be due to water intrusion. The production wiper motors are coated in “EL-Cast Resin with a 641 hardener additive” to seal them from water intrusion to prevent failure. VALIDATION TEST: RD1240 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0005 Windshield Wipers - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0018 Velocity® & Impel® Seats and Seat Belts Pierce Manufacturing certifies the conformance of the Velocity® & Impel® cab seats and seat belts to Federal Motor Vehicle Safety Standards. Representative Velocity® & Impel® Seat and Seat Belt designs have been tested successfully in accordance with FMVSS 207. Physical testing was performed to qualify passenger seats to meet Federal Motor Vehicle Safety Standards (FMVSS) 207 and 210. This requires that a minimum of 3,000 lbf be applied to both the lap and shoulder belts via appropriate body blocks. A third force of twenty times the mass of the seat must be applied at the center-of-gravity (CG) of the seat. All three forces are applied at the same time, reached within thirty seconds of the start of the test, and be held for a minimum of ten seconds. A force equal to twenty times the mass of the seat was applied to each seat in the direction opposite to the combination pull. A moment of 275 lb-ft was applied to the seat with reference to the H-point. This testing ensures that the seat mounting and seat belt anchors are adequate to retain the seats and occupants in a crash. The Federal requirements are based on the high deceleration rates of passenger vehicles, so the design requirements are significantly more conservative considering the slower crash speeds of heavy trucks. VALIDATION TESTS: Pierce Manufacturing, Inc. RD1274 RD1335 RD1352 RD1405 RD1437 RD1446 James Roger Lackore, PE June 17, 2008 CD0018 Seats and Belts - Velocity 080617 1 7/8/2008 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0018 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Goldstar® Gold Leaf Lamination Three (3) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Each Goldstar® gold leaf lamination shall be free from defects in material and workmanship. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years -or- 30,000 Miles Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.12/16/2013 WA0050 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship TAK-4 Independent Front Suspension Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Fifty (50) Years (Expected Life of Apparatus) Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010 WA0038 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See AlsoParagraphs2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Cab Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling0-36 months 100%37-84 months 50%85-120 months 25% Corrosion: Dissimilar Metal and Crevice0-36 months 100%37-48 months 50%49-72 months 25%73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling0-36 months 100%37-84 months 50%85-120 months 25% Corrosion: Dissimilar Metal and Crevice0-36 months 100%37-48 months 50%49-72 months 25%73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Custom Body Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0047 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-24 months 100% 25-48 months 50% Integrity of Coating System: Adhesion, Blistering/Bubbling0-24 months 100%25-48 months 50% Corrosion: Dissimilar Metal and Crevice0-24 months 100%25-48 months 50% Corrosion Perforation0-24 months 100% 25-48 months 50% This limited warranty applies only to exterior paint. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Four (4) Year Pro-Rated Paint and Corrosion Aerial Device Four (4) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection for exterior surfaces. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See AlsoParagraphs2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Apparatus Body Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The apparatus body shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. | 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | MANUFACTURER’S LIMITED WARRANTY - HYDRAULIC GENERATORS FIRE & EMERGENCY VOCATION Harrison Hydra-Gen (Seller) extends to the original purchaser (Buyer) of goods for use (whether it be an OEM, dealer, re-seller, or end-user) the following warranty covering the Harrison Hydra-Gen Generator System, subject to the qualifications indicated. Harrison Hydra-Gen Generator Systems shall consist of a Harrison generator tray assembly and its’ components, a Harrison hydraulic pump assembly, and a Harrison supplied meter assembly; unless otherwise specified in below guidelines. Harrison Hydra-Gen warrants the original purchaser that the Generator System manufactured or supplied by Harrison Hydra-Gen will be free from defects in materials and workmanship, provided such goods are: 1. Installed, operated and maintained in accordance with the Harrison Hydra-Gen owner’s manual, and/or written installation addendums. 2. Each new application has been reviewed and approved by the Harrison Hydra-Gen Application Engineering Group. PERIOD OF WARRANTY *Six (6) years or 1000 hours of usage, whichever comes first, from the date the product is shipped from Harrison to the Installer. *The END USER must complete and return to Harrison Hydra-Gen the Harrison Hydra- Gen Warranty Registration Card, Form WR-1, provided in the generator manual and provided online @ www.harrisonhydragen.com, within 45 days of delivery. Warranty includes all parts and labor. In addition, maintenance items that are contaminated or damaged by a proven warrantable failure are covered in years 1-2, and Labor time up to 4 hours, travel time up to 2.5 hours, and mileage up to 100 miles for warranty related repairs are covered in years 1-2. Repair or replacement parts are warranted for ninety (90) days from date of purchase, excluding labor and travel expenses. Any part repaired or replaced during the warranty period assumes the remainder of the warranty or ninety (90) days, whichever is greater. Only components supplied by Harrison Hydra-Gen are covered under this warranty. | 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | There is no other express warranty. Implied warranties, including merchantability and fitness for a particular purpose, are limited to periods set forth above and to the extent permitted by law. Any and all implied warranties are excluded. In no event is Harrison Hydra-Gen liable for incidental or consequential damages. The Buyer (OEM, dealer, re-seller, or end-user) must notify Harrison Hydra-Gen, an Authorized Distributor, or a designated Harrison Hydra-Gen Service Representative, in writing, within thirty (30) calendar days after goods or parts failed to meet this warranty. The sole liability of Harrison Hydra-Gen and the Buyer’s sole remedy for a failure of goods under this warranty and for any and all other claims arising out of the purchase and use of the goods, including negligence on the part of the manufacturer, shall be limited to the repair or replacement of the product, at the option of Harrison Hydra-Gen, of the parts that do not conform to this warranty, provided that the product or parts are returned to the Harrison Hydra- Gen manufacturing facility. A Returned Goods Authorization (RGA) is required for all products and parts being returned, and may be requested by phone, fax, email, or mail. Failure to make timely delivery to Harrison Hydra-Gen of the goods claimed to be defective shall void any warranty. Unless previous written agreements have been made between the Buyer and Harrison Hydra- Gen, the Buyer shall be responsible for all freight and shipping charges in connection with the delivery of the goods claimed to be defective, to Harrison Hydra-Gen at its manufacturing facility, and the return of repaired or replacement goods to the Buyer. If Harrison Hydra-Gen determines that no warranty coverage is available for goods claimed to be defective, whether determination is based on the warranty being voided, the product failure being due to a cause not covered by the warranty, the failure to make a timely and proper warranty claim, or otherwise, the Buyer shall have the option of either: 1. Having the goods not repaired and returned to the Buyer, freight collect. 2. Having the goods repaired, If Harrison Hydra-Gen determines that the product is repairable, and returned to the Buyer, freight collect. The Buyer will be responsible for all costs associated with the repair and testing of the goods and shall authorize Harrison Hydra-Gen, in writing, to have the goods repaired and tested by Harrison Hydra- Gen. The owner is obligated to operate and maintain the goods in accordance with the recommendations published by Harrison Hydra-Gen in the owner’s manual. The owner is | 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | responsible for the costs associated with such maintenance and any adjustments that may be required. This warranty shall not apply to: 1. Damages or defects caused by normal wear, accident, misuse, abuse, abnormal operating conditions, negligence, corrosion, accident causes, or attributable to written specifications or instructions furnished by the installer. 2. Damages or defects caused by improper maintenance in accordance with the Harrison Hydra-Gen product manuals and operating guidelines. 3. Damages caused by operator error. 4. Damages or defects caused by improper installation. 5. Damages or defects caused by inadequate water drainage provided by the installer in the area where the generator is installed or stored. 6. Damages or defects caused by inadequate air flow space or ventilation provided by the installer in the area where the generator is installed. 7. Any product or part altered or modified by the installer or service facility without written prior consent by Harrison Hydra-Gen. 8. Cost of normal maintenance, adjustments, installation or start-up. 9. Normal wear items and components needing periodic maintenance such a rubber hoses and filters. 10. Excessive labor due to components being concealed in vehicle as a result of installation. 11. Water, road debris, excessive dirt, salt, abrasive particles, or large foreign objects found in the generator. 12. Telephone or other communications expense. 13. Paint, hydraulic fluid, and interconnecting hoses (internal or external to system assemblies). This warranty gives you specific legal rights, and you may also have other rights that may vary from state to state or province to province. No person is authorized to give any other warranties or to assume any other liabilities behalf of Harrison Hydra-Gen, unless made or assumed in writing by an officer of Harrison Hydra- Gen. Contact Harrison Hydra-Gen for questions regarding your warranty rights and responsibilities at (281) 807-4420; or visit our website at www.harrisonhydragen.com. NOTE: Please refer to the MANUFACTURER’S LIMITED WARRANTY; IHT SYSTEMS for warranty guidelines specific to the IHT system. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One-Eleven mirrors, Pierce hands-free scba holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, cab door handles, Standen spring suspension components, and the gauge instrument cluster. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.7/2/2015 WA0284 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Pierce 12V LED Strip Light Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) YearWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 7/5/2011 WA0203 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Meritor Wabco ABS Brake System Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor Wabco ABS brake system shall be covered by Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) YearWarranty Period Ends After: The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor Wabco warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/25/2013 WA0232 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. WARRANTY / MODEL YEAR 2013 VEHICLES MERITOR ® COMMERCIAL VEHICLE SYSTEMS WARRANTY INFORMATION CONTENTS 3 Linehaul ............................................................................................................. 4-5 General Service ................................................................................................... 6-7 Heavy Service ..................................................................................................... 8-9 Off-Highway Service .............................................................................................10 Terms and Conditions ...........................................................................................11 How to Read Warranty Coverage Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P). Effective Model Year 2013 Vehicles HEAVY SERVICE WARRANTY INFORMATION U Airport Rescue Fire (ARF) U Airport Shuttle U Asphalt Truck U Block Truck U Bottom Dump Trailer Combination U Cementing Vehicle U City Bus U Commercial Pick-Up U Concrete Pumper U Construction Material Hauler U Crash Fire Rescue (CFR) U Mixer U Demolition U Drill Rig U Dump U Emergency Service U Equipment Hauling U Flatbed Trailer Hauler U Flatbed Truck U Fracturing Truck U Front Loader U Geophysical Exploration U Hopper Trailer Combinations U Landscaping Truck U Liquid Waste Hauler U Log Hauling U Lowboy U Michigan Special Gravel Trains U Michigan Special Log Hauler U Michigan Special Steel Hauler U Michigan Special Waste Vehicle U Municipal Dump U Rapid Intervention Vehicle (RIV) U Rear Loader U Recycling Truck U Residential Pick-Up U Rigging Truck U Roll-Off U Scrap Truck U Semi-End Dump U Sewer/Septic Vacuum U Shuttle Bus U Side Loader U Snowplow/Snowblower U Steel Hauling U Tanker U Tank Truck U Tractors with Pole Trailers U Tractor/Trailer with Jeeps U Transfer Dump U Transfer Vehicle U Transit Bus U Trolley U Utility Truck U Winch Truck HEAVY SERVICE VEHICLES U Moderate mileage operation (less than 60,000 miles per year) U On/Off road vocations (10% or more off-road) U Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM, Meritor, Meritor WABCO, and ZF engineering approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, and/or contact Meritor regarding specific application approval questions on any product line. HEAVY SERVICE TYPICALLY IS FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-945 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-143A-N MFS-13-144A-N MFS-13-155 MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N RF-16-145 MFS-18-133A-N MFS-20-133A-N RF-21-160 MX-10-120 MX-12-120 MX-14-120 MX-16-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-23-810 MS-10-113 RS-13-120 RS-15-120 MS-17-14X RS-17-144/145/A MS-19-14X RS-19-144 MS-21-114 MS-21-14X RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RS-23-160 RC-23-161 RH-23-161 RS-23-161 RS-23-186/380 RC-23-162 RC-23-165 RS-24-160 RS-25-160 RH-26-185 MS-26-616 RS-26-185/380 MS-30-616 RH-30-185 RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 71162 71163 FRONT DRIVE/NON-DRIVE STEER AXLES – 2/UNL/P&L REAR DRIVE SINGLE AXLES – 2/UNL/P&L 15.5” HD Clutch1 1/100/P&L 15.5” TwinXTend 1/100/P&L 17” FreedomLine Clutch 1/100/P&L 1 Products with an in-service date prior to 11/01/02 warranted by Meritor Clutch Company. RPL 92N RN MXL CLUTCHES DRIVELINES – 1/UNL/P&L 8 OFF-HIGHWAY SERVICE WARRANTY INFORMATION U Load-On/Load-Off U Port Tractor U Rail Yard Spotter U Roll-On/Roll-Off U Stevedoring Tractor U Trailer Spotter U Yard Jockey U All-Terrain Crane U Rough Terrain Crane U Forestry U Material Handling U Specialized Heavy Haul U Specialized Mining U Excavator U Compactor U Fertilizer Spreader U Snow Blower U Mining U Rail Car Mover U Loader U Tow Tractor U Pushback Tractor U Low mileage operation U Low speed vehicle speed restriction U Vehicles are not typically licensed for highway use U Six (6) starts/stops per mile (typical) Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM, Meritor, Meritor WABCO, and ZF engineering approvals. Refer to TP-9441 for axles and/or contact Meritor regarding specific application approval questions on any product line. MOR MOX MOC RPL RN MXL MOR MOX MOC MOT Cam P 3/Unl/P Cam Q Plus™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P LX500 Feature1 1/Unl/P 1 Includes: bushing, seal, cam and ASA. 2 Based on stamped wear diameter max. ABS (Anti-Lock Braking System) Air/Hydraulic 3/300/P&L Air Dryers (ALL) 1/100/P&L Leveling Valves 1/Unl/P&L Air Brake Valves 1/100/P Clutch Controls 2/200/P&L Air Compressors2 1/100/P&L Actuator 1/100/P&L 1 Warranted by Meritor WABCO Vehicle Control Systems. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by Meritor WABCO. Please contact your respective dealer/ distributor of those engines for warranty and servicing. FF - 941 FF - 943 FF - 961 FF - 966 FG - 941 FG - 943 FL - 941 FL - 943 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-20-133A-N MON-Z0 FAMILY MT-44-14X/P MT-52-616 MT-58-616 MT-70-380 RT-44-145/P RT-46-160/P RT-46-164EH/P RT-50-160/P RS-23-186 RS-23-380 RS-24-160 MS-30-616 RS-30-185 RS-30-380 MS-35-380 INDUSTRIAL AND OFF-HIGHWAY SERVICE VEHICLES INDUSTRIAL AND OFF-HIGHWAY SERVICE TYPICALLY IS DRIVE STEER AXLES – 1/UNL/P DRIVELINES – 1/UNL/P PLANETARY AXLES – 1/UNL/P BRAKE COMPONENTS MERITOR WABCO COMPONENTS1 FRONT NON-DRIVE STEER AXLES – 1/UNL/P REAR DRIVE TANDEM AXLES – 1/UNL/P REAR DRIVE SINGLE AXLES – 1/UNL/P 10 TERMS AND CONDITIONS COVERAGE EXCLUSIONS: Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. Clutch Friction face and mating surface of center and pressure plate, wear pads and clutch brake. ASA Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies. ABS, Electronic Stability Control (ESC), Roll Stability Control (RSC) and OnGuard Cut, broken, chaffed or otherwise damaged cable wires. Damaged sensors from removal when seized in block, or sensor adjust- ments/alignments. Valve failures due to contamination in air system. E.C.U. failures due to excessive over-voltage conditions. Air Dryers Mounting brackets (see vehicle OEM). Desiccant cartridge housing only. Air System Components Gladhand seals, dash valve knobs, valve actuation handles, treadles, pedals. Water and other contamination damage that is due to the use of a non-genuine air dryer cartridge will not be covered. Cam Brake Brake lining wear and brake shoe “rust-jacking.” Disc Brake Pad wear, rotor wear. COVERAGE LIMITATIONS: Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or pub- lished vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 11 Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA For more information: 866-OnTrac1 (866-668-7221) meritor.com Vehicle models, brands and names depicted herein are the property of their respective owners, and are not in any way associated with Meritor, Inc., or its affiliates. Litho in USA ©2012 Meritor, Inc. SP-95155 Revised 06-12 (47865/11900) TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Inc. warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM, Meritor, Meritor- WABCO, and ZF engineering approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, and/or contact Meritor regarding specific application approval questions on any product line. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the transmission, axle, driveline, and/or clutch torque capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not sold by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evaluation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0004 Velocity® & Impel® Window Regulators Pierce Manufacturing certifies the integrity of the Velocity® & Impel® window regulators. Specimens representing the substantial structural configuration of the Velocity® & Impel® window regulators have been successfully tested to meet the following objectives: OBJECTIVES: • Electric window regulators withstand 30,000 up-down cycles. CONCLUSIONS: • The electric window regulators withstood 30,000 cycles without failure. VALIDATION TEST: RD1350, RD1368 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0004 Window Regulators - Velocity 080315 1 7/8/2008 CD0009 Cab Integrity Certification - Velocity 080123 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH TRUCK CORPORATION® COMPANY Certification Document CD0009 Velocity® & Impel® Cab Integrity Certification Pierce Manufacturing certifies the integrity of the Velocity/Impel cab relative to occupant protection. A specimen representing the substantial structural configuration of the Velocity and Impel cab models has been successfully tested in accordance with the following standards. • SAE J2422 Cab Roof Strength Evaluation – Quasi-Static Loading Heavy Trucks. • European Occupant Protection Standard ECE Regulation No. 29. • SAE J2420 COE Frontal Strength Evaluation – Dynamic Loading Heavy Trucks. Side Impact: The test cab was subjected to dynamic preload where a 13,275 lb moving barrier was slammed into the side of the cab at 5.5 mph, striking with an impact of 13,000 ft-lbs of energy. This test is not required to meet the ECE 29 standard, but is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a roll-over incident. Roof Crush: This same test cab was then subjected to a roof crush force of 22,050 lbs. This value meets the ECE 29 criteria, which must be equivalent to the front axle rating up to a maximum of 10 metric tons. Additional Roof Crush: The same cab was then loaded with 58,000 lbs, 85,000 lbs, and finally 100,000 lbs on the roof, exceeding the ECE test by 4.5 times! CD0009 Cab Integrity Certification - Velocity 080123 2 7/8/2008 Frontal Impact: The test cab was struck by the 13,275 lb moving barrier at a speed sufficient to impart the required 32,600 ft-lbs of energy. The cab survived this second blow without compromising the survival space of any occupant area. Additional Frontal Impact: The same cab was then struck a third time at a higher speed to impart 65,200 ft-lbs of energy into the cab (twice the ECE 29 level of energy). The cab survived this third blow, again without compromising the survival space of any occupant area. Side Crush: As an additional test of the Velocity/Impel strength, the same test cab was set on its side and loaded to 100,000 lbs. The cab in this test withstood the load without any appreciable damage or occupant space intrusion. Pass-Fail criteria of the SAE tests and the ECE 29 test is a measure of whether the “survival space” inside the cab is compromised during any of the test loads. The Pierce cab withstood all integrity tests on the same cab without any measurable intrusion into the survival space of the occupant area. Witnessed and Certified by: Pierce Manufacturing, Inc. James Roger Lackore, PE January 24, 2008 CD0156 Vehicle Stability 170601.doc 1 6/26/2017 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0156 Statement of Compliance to NFPA 1901-2016 Vehicle Stability Pierce fire apparatus comply with NFPA 1901 Section 4.13 Vehicle Stability using the tilt table method. As prescribed by the standard, each apparatus is compared to a substantially similar apparatus that has been loaded as required and tested on a tilt table per the SAE J2180 test procedure. If the apparatus configuration was not expected to meet the minimum tilt table criteria, then it will be equipped with the Electronic Stability Control option. A listing of all tested apparatus is maintained by the Research and Development lab and is available for inspection at the Appleton factory. VALIDATION TEST: Multiple Tests Pierce Manufacturing, Inc. David W. Archer Vice President of Engineering June 1, 2017 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.6/28/2011 WA0200 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship. This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for Inspection, Maintenance, Testing, and Retirement of In- Service Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Aerial Hydraulic System Components Three (3) Year Material and Workmanship Aerial Hydraulic System Seals Five (5) Years and Three (3) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or workmanship. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Warranty Begins: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of delivery to the first retail purchaser. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/22/2012 WA0216 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. CD0098 Power Steering System 110623.doc 1 10/14/2014 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0098 Power Steering System Pierce Manufacturing, Inc. certifies that the power steering system as installed in our custom chassis meets the requirements of the component supplier, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce internal design standards. VALIDATION TEST: RD1987, RD2055 RD2056, RD2057, RD2058, RD2059 Pierce Manufacturing, Inc. David W. Archer Director of Engineering June 03, 2011 {00046826;v2} AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD TEN YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Telescopic Waterways A. PRESHIPMENT TESTING All waterways fabricated by Amity are final inspected using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. B. COMPONENTS DESCRIPTION AND MAINTENANCE 1. All components are thoroughly greased at assembly. Since internally lubricated seals are used, regular greasing is not required. We recommend components not be greased at installation. 2. Slip Tube Assemblies may be greased at the Amity’s regularly scheduled Aerial Inspections. The seals in the Slip Tube Assemblies are self-lubricating, so greasing is not mandatory. We do recommend a visual inspection of the Slip Tube Assembly while it is fully extended after initial installation, from that point on we recommend inspection every ten hours of aerial operation. If any deposits of aluminum appear, they are to be rubbed off using a Teflon scouring pad. Slip Tube Assemblies are designed to give long maintenance free service; however, like any product, problems may occur and periodic visual inspections will aid in determining if a potential problem exists and warrants a call to us. Care must be taken to keep debris off of extended tubes. We recommend wiping tubes with light oil (10 weight) or hydraulic oil after use, if tubes appear to have contamination on them. Under no circumstance are tubes to be cleaned with lacquer thinner, or any other solvent. C. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1. Products are warranted to be free of defects in labor and/or materials for a period of ten years from the date of purchase from the Amity and shall be repaired or replaced at the sole option and expense of the Amity provided the products alleged to be defective was used for its intended normal use operation and subject to the following qualifications and limitations. 2. Any alteration of product without consent from Amity is strictly forbidden and shall void warranty. 3. No welding shall be performed on finished product. 4. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water system such as, but not limited to stones, sand or metal chips. 5. Amity assumes responsibility for our product, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our product unless it agrees in writing to assume such responsibility. 6. Unless otherwise approved in writing by the Amity all returns of defective (or allegedly defective products) are at Purchaser’s expense and must include a RGA number issued by the Amity. 7. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 8. Amity will not be held liable for damage incurred during shipment. 9. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Product and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR {00046826;v2} FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF TEN YEARS COMMENCES UPON INSTALLATION INTO FINAL ASSEMBLY WITH THE UNDERSTANDING IT IS INSTALLED WITHIN SIX MONTHS OF PURCHASE. Dated: ____________________ ____, 20___ {00046826;v2} AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD FIVE YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. 2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum. 3. Dielectric and Continuity Test all circuits. 30 Amp max current loading. B. THREE FUNCTION SWIVEL MAINTENANCE – Our Three Function Swivel has been fully tested at assembly. Under no circumstances is there to be any maintenance performed internally or externally to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel . C. MOUNTING REQUIREMENTS – The following are the mounting requirements for the Three Function Swivel: 1. Mounting points and methods are to be determined at the initial design stage. All drawings and applicable documentation must be signed off by both parties and filed for future reference. No deviation to the approved mounting is allowed without approval from Amity. 2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing. 3. All inlet and outlet plumbing to conform to swivel mounting, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel. D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1. The Three Function Swivel is warranted to be free of defects in labor and/or materials for a period of five (5) years from the Date of Service. For purposes here, “Date of Service” shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorporated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser. 2. The Three Function Swivel shall be repaired or replaced at the sole option and expense of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations. 3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty. 4. No welding shall be performed on finished Three Function Swivel. 5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips. 6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility. 7. Unless otherwise approved in writing by the Amity all returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser’s expense and must include a RGA number issued by the Amity. {00046826;v2} 8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 9. Amity will not be held liable for damage incurred during shipment. 10. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD. Dated: _______________ ____, 20__ Cummins Warranty Worldwide Fire Apparatus/Crash Trucks Coverage Products Warranted This Warranty applies to new diesel Engines sold byCumminsanddeliveredtothefirstuseronorafterApril1,2007,that are used in fire apparatus truck andcrashtruck*applications Worldwide. Base Engine Warranty The Base Engine Warranty covers any failures of theEnginewhichresult,under normal use and service,from a defect in material or factory workmanship(Warrantable Failure).This Coverage begins with thesaleoftheEnginebyCumminsandendsfiveyearsor100,000 miles (160,935 kilometers),whichever occursfirst,after the date of delivery of the Engine to the firstuser. Engine aftertreatment components included in theCumminsCriticalPartsList(CPL)and marked with aCumminspartnumberarecoveredunderBaseEngineWarranty. Additional Coverage is outlined in the EmissionWarrantysection. These Warranties are made to all Owners in thechainofdistributionandCoveragecontinuesto allsubsequentOwnersuntiltheendoftheperiodsofCoverage. CumminsResponsibilities Cummins will pay for all parts and labor needed torepairthedamagetotheEngineresultingfromaWarrantableFailure. Cummins will pay for the lubricating oil,antifreeze,filter elements,belts,hoses and other maintenanceitemsthatarenotreusableduetotheWarrantableFailure. Cummins will pay for reasonable labor costs forEngineremovalandreinstallationwhennecessary torepairaWarrantableFailure. Cummins will pay reasonable costs for towing avehicledisabledbyaWarrantableFailuretothenearestauthorizedrepairlocation.In lieu of the towingexpense,Cummins will pay reasonable costs formechanicstotraveltoandfromthelocationofthevehicle,including meals,mileage and lodging whentherepairisperformedatthesiteofthefailure. OwnerResponsibilities Owner is responsible for the operation andmaintenanceoftheEngineasspecifiedinCumminsOperationandMaintenanceManuals.Owner is alsoresponsibleforprovidingproofthatallrecommendedmaintenancehasbeenperformed. Before the expiration of the applicable Warranty,Owner must notify a Cummins distributor,authorizeddealerorotherrepairlocationapprovedbyCumminsofanyWarrantableFailureandmaketheEngineavailableforrepairbysuchfacility.Except for EnginesdisabledbyaWarrantableFailure,Owner must alsodelivertheEnginetotherepairfacility. Service locations are listed on the Cummins WorldwideServiceLocatoratcummins.com. Owner is responsible for the cost of lubricating oil,antifreeze,filter elements and other maintenance itemsprovidedduringWarrantyrepairsunlesssuchitemsarenotreusableduetotheWarrantableFailure. Owner is responsible for communication expenses,meals,lodging and similar costs incurred as a result ofaWarrantableFailure. Owner is responsible for non-Engine repairs and for‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs and other lossesresultingfromaWarrantableFailure. Owner is responsible for a $100 (U.S.Dollars)deductible per each service visit under this plan in the3rd,4th and 5th years of Base Engine Warranty.Thedeductiblewillnotbechargedduringthefirst2yearsoftheBaseEngineWarranty. Limitations Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or diesel exhaust fluid. This Warranty does not apply to accessories suppliedbyCumminswhichbearthenameofanothercompany.Such non-warranted accessories include,butarenotlimitedto:alternators,starters,fans,airconditioningcompressors,clutches,filters,transmissions,torque converters,vacuum pumps,power steering pumps,fan drives and air compressors.Cummins branded alternators and starters are coveredforthefirsttwoyearsfromthedateofdeliveryoftheEnginetothefirstuser,or the expiration of the BaseEngineWarranty,whichever occurs first. Failures resulting in excessive oil consumption are notcoveredbeyondthedurationoftheCoverageor100,000 miles (160,935 kilometers)or 7,000 hours fromthedateofdeliveryoftheEnginetothefirstuser,whichever of the three occurs first.Before a claim forexcessiveoilconsumptionwillbeconsidered,OwnermustsubmitadequatedocumentationtoshowthatconsumptionexceedsCumminspublishedstandards. Failures of belts and hoses supplied by Cummins arenotcoveredbeyondthefirstyearfromthedateofdeliveryoftheEnginetothefirstuserorthedurationoftheWarranty,whichever occurs first. Parts used to repair a Warrantable Failure may be newCumminsparts,Cummins approved rebuilt parts orrepairedparts.Cummins is not responsible for failuresresultingfromtheuseofpartsnotapprovedbyCummins. A new Cummins or Cummins approved rebuilt partusedtorepairaWarrantableFailureassumestheidentityofthepartitreplacedandisentitledtotheremainingCoveragehereunder. Cummins Inc.reserves the right to interrogateElectronicControlModule(ECM)data for purposes offailureanalysis. CUMMINS DOES NOT COVER WEAR OR WEAROUTOFCOVEREDPARTS. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. THIS WARRANTY AND THE EMISSION WARRANTYSETFORTHHEREINAFTERARETHESOLEWARRANTIESMADEBYCUMMINSINREGARDTOTHESEENGINES.CUMMINS MAKES NO OTHERWARRANTIES,EXPRESS OR IMPLIED,OR OFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSE. This Warranty gives you specific legal rights,and youmayalsohaveotherrightswhichvaryfromstatetostate. EmissionWarranty Products Warranted This Emission Warranty applies to new EnginesmarketedbyCumminsthatareusedintheUnitedStates**in vehicles designed for transporting personsorpropertyonastreetorhighway.This WarrantyappliestoEnginesdeliveredtothefirstuseronor afterSeptember1,1992. Coverage Cummins warrants to the first user and eachsubsequentpurchaserthattheEngineisdesigned,built and equipped so as to conform at the time of salebyCumminswithallU.S.federal emission regulationsapplicableatthetimeofmanufactureandthatitisfreefromdefectsinmaterialorfactoryworkmanshipwhichwouldcauseitnottomeettheseregulationswithinthelongerofthefollowingperiods:(A)Five years or100,000 miles (160,935 kilometers)of operation,whichever occurs first,as measured from the date ofdeliveryoftheEnginetothefirstuseror(B)The BaseEngineWarranty. If the vehicle in which the Engine is installed isregisteredinthestateofCalifornia,a separateCaliforniaEmissionWarrantyalsoapplies. Limitations Failures,other than those resulting from defects inmaterialorfactoryworkmanship,are not covered bythisWarranty. Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or dieselexhaustfluid. Cummins is not responsible for non-Engine repairs,‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs or other lossesresultingfromaWarrantableFailure. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. Bulletin 3381161 Printed in U.S.A. Rev. 08/09 ©2001 Cummins Inc. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. *Airport operated crash trucks and fire departmentoperatedtrucksemployedtorespondtofires,hazardous material releases,rescue and otheremergency-type situations. **United States includes American Samoa,theCommonwealthofNorthernMarianaIslands,Guam,Puerto Rico and the U.S.Virgin Islands. Cummins Inc.Box 3005Columbus,IN 47202-3005U.S.A. Bulletin 3381161PrintedinU.S.A.Rev.08/092001CumminsInc. Cummins Sales and Service 800 West Ryan Road Oak Creek, WI 53154 Tel (414) 768-7400 Fax (414) 768-9441 salesandservice.cummins.com March 13, 2017 Mr. Chad Radtke Pierce Manufacturing Inc. 2600 American Drive Appleton, WI 54913 Dear Chad: We have reviewed the installation of the Cummins 2017 X15 engine in the Velocity chassis and have found that the engine models listed below are installed in concurrence with our installation recommendations. Please notify us if there are any changes to the installation of these engines. If any changes are made, they must be reviewed and a new statement will be issued regarding concurrence. Engine Models Reviewed: X15 600 X15 565 X15 505 Please let me know if you need any additional information. Sincerely, Michael Bartkowski General Sales Manager, OEM On-Highway cc: John Schultz, Jon Stege, Kevin Bourgo January 23, 2017 To whom it may concern: Since 1917, Pierce Manufacturing Inc. has provided the finest fire apparatus in the industry. The quality of our products and services are our number one priority. In order to provide you with the personalized level of sales and service you deserve, Pierce Manufacturing has established a widespread network of authorized dealers throughout the country. Ten-8 Fire Equipment is the Pierce authorized dealership in Florida and Georgia and is the sole source for sales, service, and warranty of Pierce product. Ten-8 Fire Equipment is extremely qualified to provide you with the support you have come to expect from Pierce Manufacturing and has service & warranty facilities located in several locations as shown to provide the first-class customer service support the Pierce family has been known for. Please contact Ten-8 Fire Equipment direct for Sales support at (877) -989-6660 or visit their website for more information at www.ten8fire.com. Kristina Spang Sr. Sales Operations Manager Pierce Manufacturing, Inc. An Oshkosh Corporation Company * ISO Certified Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3826 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve the Cloud Hosting Addendum and the Kronos Addendum to the licensing agreement for software applications, equipment and related services between Kronos Inc in Chelmsford, MA and the City of Clearwater and the Fire and Rescue Department to utilize additional services as outlined in the agreements, and authorize the Fire Chief to execute same. (consent) SUMMARY: Clearwater Fire & Rescue has a current agreement with Kronos, a software company providing staffing and scheduling software services. The Fire and Rescue Department uses this software daily and has been using it for more than 10 years. Under the Cloud Hosting Addendum, Clearwater Fire & Rescue desires to use those Kronos software applications in Kronos’ managed cloud environment (Kronos Private Cloud) in accordance with the License Agreement. The addendum shall run for two renewal terms upon execution of new agreements. The Kronos Addendum Workforce Telestaff IVR Service is an addendum that provides supplemental terms and agreements to the software application that allows Clearwater Fire & Rescue to initiate phone calls to staff members to fill vacancies or receive notifications of work opportunities for employees who are licensed to use the product. Kronos will provide phone support and software updates and shall commence upon the execution of the Order Form and shall run for 12 months; and will renew upon execution of new agreements. A purchase order has been issued for this year’s renewal of user licenses, computer software maintenance and a one-time software upgrade due to the migration of software to Office 365 Enterprise Suites. The annual user license and software maintenance cost is $17,725.00 and the onetime cost for the software upgrade is $ 10,875.00. Because Kronos Inc. has included an Indemnification clause in the Cloud Hosting Addendum, the Fire Chief cannot sign the addendum without the City Council’s approval for him to sign. However, the City’s liability in the Indemnification clause has been limited as follows: “Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability to which Customer is entitled under the doctrine of sovereign immunity (Section 768.28, Florida Statutes).” Page 1 City of Clearwater Printed on 9/7/2017 Rev. 01012017 CLOUD HOSTING ADDENDUM SUPPLEMENTAL TERMS AND CONDITIONS This Cloud Hosting Addendum of Supplemental Terms and Conditions (the “Addendum”) is made by and between Kronos and the Customer signing this Addendum (“Customer”). Notwithstanding anything herein, this Addendum shall run for a maximum of two (2) Renewal Terms. WHEREAS, Customer has entered into a license agreement (the “License Agreement”) with Kronos to acquire licenses to certain Kronos software applications, as well as equipment and related services; WHEREAS, Customer desires to use those Kronos software applications in Kronos’ managed cloud environment (the “Kronos Private Cloud”) in accordance with the License Agreement and upon the supplemental terms and conditions herein, and Kronos desires to assist Customer in doing so. NOW, THEREFORE, in consideration of the mutual promises and covenants hereafter set forth, the parties agree as follows: 1. DEFINITIONS “Acceptable Use Policy” means the Kronos policy describing prohibited uses of the Cloud Services as further described at: https://www.kronos.com/policies/acceptable-use “Application(s)” means those Kronos software applications set forth on the applicable Order Form (or a schedule to the Order Form if Customer is only hosting a portion of the Applications for which Customer has a perpetual license) and which are made accessible to Customer for use in the Kronos Private Cloud under the terms of this Addendum. “Billing Start Date” means the date on which billing for the Cloud Services will commence, as indicated on the Order Form. “Cloud Services” means access to the password protected customer area of the Kronos Private Cloud and those services related thereto, all as further described at: http://www.kronos.com/products/workforce- central-cloud/cloud-guidelines.aspx “Customer Content” means all content Customer, or others acting on behalf of or through Customer, posts or otherwise inputs into the Kronos Private Cloud. “Initial Term” means the initial billing term of the Cloud Services as indicated on the Order Form. The Initial Term commences on the Billing Start Date. Customer may have access to the Cloud Services prior to the commencement of the Initial Term. “Monthly Services Fee(s)” means the monthly fees described in the applicable Order Form. “Order Form” means an order form mutually agreed upon by Kronos and Customer setting forth the items ordered by Customer and to be provided by Kronos, including without limitation the prices and fees to be paid by Customer. “Personally Identifiable Data” means information concerning individually identifiable employees of Customer that is protected against disclosure under applicable law or regulation. “Production Environment” means the environment established for Customer’s daily use of the Applications in a live environment throughout the Term. “Renewal Term” means the renewal billing term of the Cloud Services as indicated on the Order Form. “SLA(s)” means a service level agreement offered by Kronos for the Production Environment and attached to this Addendum as Exhibit A which contains key service level standards and commitments that apply to the Kronos Private Cloud. “SLA Credit” means the credit calculated in accordance with the SLA and offered by Kronos in the event of outages or interruptions in the delivery of the Cloud Services that result in a failure to meet the terms of the applicable SLA. “Supplier” means any contractor, subcontractor or licensor of Kronos providing software, equipment and/or services to Kronos which are incorporated into or otherwise related to the Cloud Services. Kronos may at its sole discretion replace a Supplier, provided that a change to Supplier will not have a materially adverse effect on the Cloud Services delivered by Kronos under this Agreement. Rev. 01012017 “Temporary Environment” means a transient, non-production environment created to serve limited purposes for a limited time period, and identified on the applicable Order Form as a Temporary Environment. “Term” means the Initial Term and any Renewal Terms. 2. CLOUD SERVICES AND TERM 2.1 During the Term, Kronos will provide the Cloud Services for the Applications. Unless the Order Form indicates that the Applications are to be implemented in a Temporary Environment, the Applications will be deemed to be implemented in a Production Environment. 2.2 Billing for the Cloud Services commences on the Billing Start Date, and continues for the Initial Term or until terminated in accordance with the provisions hereof. At the expiration of the Initial Term and each Renewal Term as applicable, the Cloud Services shall renew upon execution of a renewal quote for an additional Renewal Term. 2.3 Kronos may suspend or terminate the Cloud Services upon notice in the event of any breach by Customer of this Addendum if such breach is not cured within thirty (30) days of the date of Kronos’ written notice. No interruption shall be deemed to have occurred during, and no credits shall be owed for, any authorized suspension of the Cloud Services. 2.4 Customer may terminate the Cloud Services by written notice at any time during the term of the Addendum if Kronos materially breaches any provision of this Addendum, and such default is not cured within thirty (30) days after receipt of written notice from Customer. In the event of such termination by Customer, Customer shall pay Kronos within thirty (30) days all fees then due and owing for the Cloud Services prior to the date of termination. 2.5 Customer may terminate any or all of the Cloud Services for convenience on no less than ninety (90) days prior written notice to Kronos. In the event of termination of any of the Cloud Services by Customer for convenience or by Kronos for cause during the Initial Term, Customer will pay to Kronos any out of pocket expenses incurred by Kronos in terminating the Cloud Services plus an early termination fee based on the following calculation: one (1) month of the then-current Monthly Services Fees for every twelve (12) month period (or portion thereof) remaining in the Initial Term. By way of example only, if Customer terminates the Cloud Services for convenience with fifteen (15) months remaining in the Initial Term, Customer will be responsible to pay Kronos two (2) months of the then-current Monthly Services Fees. 2.6 Customer Content shall be available to Customer to retrieve at any time and at no additional charge throughout the Term and for no more than fifteen (15) days after expiration or termination of the Agreement for any reason. After such time period, Kronos shall have no further obligation to store or make available the Customer Content and will securely delete all Customer Content without liability of any kind. 2.7 In the event that either party becomes insolvent, makes a general assignment for the benefit of creditors, is adjudicated a bankrupt or insolvent, commences a case under applicable bankruptcy laws, or files a petition seeking reorganization, the other party may request adequate assurances of future performance. Failure to provide adequate assurances, in the requesting party’s reasonable discretion, within ten (10) days of delivery of the request shall entitle the requesting party to terminate the Agreement immediately upon written notice to the other party. 3. CLOUD SERVICES, FEES AND PAYMENT 3.1 In consideration of the delivery of the Cloud Services, Customer shall pay Kronos the Monthly Services Fee for such Cloud Services as defined in the applicable Order Form. The Monthly Services Fee shall commence on the Billing Start Date and will be invoiced on the “Billing Frequency” indicated on the Order Form. When billed annually in advance, Kronos will invoice Customer an amount equal to twelve (12) months of the Monthly Services Fees for the Cloud Services annually in advance for each Rev. 01012017 year during the Term commencing on the Billing Start Date. The Billing Start Date for the Monthly Service Fees for any Cloud Services ordered by Customer after the date of this Agreement which are incremental to Customer’s then-existing Cloud Services shall be the date the applicable Order Form is executed by Kronos and Customer. 3.2 All fees payable for the Cloud Services shall be sent to the attention of Kronos as specified on the invoice. Unless otherwise indicated on an Order Form, payment for all items shall be due 30 days following date of invoice. Customer is responsible for all applicable federal, state, country, provincial or local taxes relating to the Cloud Services (including without limitation GST and/or VAT if applicable), excluding taxes based on Kronos’ income or business privilege. Customer may be required to purchase additional Cloud Services to address infrastructure requirements as released by Kronos for a new version of a particular Application. 3.3 If any amount owing under this or any other agreement for Cloud Services is thirty (30) or more days overdue, Kronos may, without limiting Kronos’ rights or remedies, suspend Cloud Services until such amounts are paid in full. Kronos will provide at least seven (7) days’ prior written notice that Customer’s account is overdue before suspending Cloud Services. 3.4 At the commencement of each Renewal Term, Kronos may increase the Monthly Service Fee rates in an amount not to exceed four percent (4%). The increased Monthly Service Fees will be reflected in the invoice following the effective date of such increase without additional notice. Customer may be required to purchase additional Cloud Services to address increased infrastructure requirements for a new version of a particular Application as released by Kronos. Any additional Cloud Services will be set forth on an Order Form to be mutually agreed upon by Customer and Kronos. 4. ACCEPTABLE USE 4.1 Customer shall take all reasonable steps to ensure that no unauthorized persons have access to the Cloud Services, and to ensure that no persons authorized to have such access shall take any action that would be in violation of this Agreement. Customer is responsible for all activities undertaken under the auspices of its passwords and other login credentials to use the Cloud Services. 4.2 Customer represents and warrants to Kronos that Customer has the right to publish and disclose the Customer Content in connection with the Cloud Services. Customer represents and warrants to Kronos that the Customer Content will comply with the Acceptable Use Policy. 4.3 Customer will not (a) use, or allow the use of, the Cloud Services in contravention of the Acceptable Use Policy. 4.4 Kronos may suspend the Cloud Services immediately upon written notice in the event of any security risk, negative impact on infrastructure or Acceptable Use Policy violation. 5. MAINTENANCE Monthly Service Fees are in addition to the fees Customer pays for annual maintenance and support under the License Agreement. Customer must maintain the Software under an active maintenance plan with Kronos throughout the Term. If Kronos, its Suppliers, or the local access provider, as applicable, requires access to Customer sites in order to maintain or repair access to the Kronos Private Cloud, Customer shall cooperate in a timely manner and reasonably provide such access and assistance as necessary. 6. CUSTOMER CONTENT Customer shall own all Customer Content. Kronos acknowledges that all of the Customer Content is deemed to be the Confidential Information of Customer. Customer will ensure that all Customer Content conforms with the terms of this Agreement and applicable law. Kronos and its Suppliers may, but shall have no obligation to, access and monitor Customer Content from time to time to provide the Cloud Services and to ensure compliance with this Agreement and applicable law. Customer is solely responsible for any claims related to Customer Content and for properly handling and processing notices that are sent to Customer regarding Customer Content. Rev. 01012017 7. CONNECTIVITY AND ACCESS Customer acknowledges that Customer shall (a) be responsible for securing, paying for, and maintaining connectivity to the Kronos Private Cloud (including any and all related hardware, software, third party services and related equipment and components required for access); and (b) provide Kronos and Kronos’ representatives with physical or remote access to Customer’s computer and network environment as mutually agreed upon may be reasonably necessary in order for Kronos to perform its obligations under the Agreement. Customer will make all necessary arrangements as may be required to provide access to Customer’s computer and network environment if necessary for Kronos to perform its obligations under the Agreement. 8. INDEMNIFICATION 8.1 To the extent permittable by Section 768.28, Florida Statutes, Customer shall defend Kronos, its Suppliers and their respective directors, officers, employees, agents and independent contractors (collectively, the “Kronos Indemnified Parties”) harmless, from and against any and all notices, charges, claims, proceedings, actions, causes of action and suits, brought by a third party (each a “Claim”) alleging that: (a) employment-related claims arising out of Customer’s configuration of the Cloud Services; (b) Customer’s modification or combination of the Cloud Services with other services, software or equipment not furnished by Kronos, provided that such Customer modification or combination is the cause of such infringement and was not authorized by Kronos; or, (c) a claim that the Customer Content infringes in any manner any intellectual property right of any third party, or any of the Customer Content contains any material or information that is obscene, defamatory, libelous, or slanderous violates any person’s right of publicity, privacy or personality, or has otherwise caused or resulted in any tort, injury, damage or harm to any other person. Customer will have sole control of the defense of any such action and all negotiations for its settlement or compromise. Kronos will cooperate fully at Customer’s expense with Customer in the defense, settlement or compromise of any such action. Customer will indemnify and hold harmless the Kronos Indemnified Parties against any liabilities, obligations, costs or expenses (including without limitation reasonable attorneys’ fees) actually awarded to a third party as a result of such Claims by a court of applicable jurisdiction or as a result of Customer’s settlement of such a Claim. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability to which Customer is entitled under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). 8.2 The Kronos Indemnified Party(ies) shall provide written notice to the indemnifying party promptly after receiving notice of such Claim. If the defense of such Claim is materially prejudiced by a delay in providing such notice, the purported indemnifying party shall be relieved from providing such indemnity to the extent of the delay’s impact on the defense. The indemnifying party shall have sole control of the defense of any indemnified Claim and all negotiations for its settlement or compromise, provided that such indemnifying party shall not enter into any settlement which imposes any obligations or restrictions on the applicable Indemnified Parties without the prior written consent of the other party. The Indemnified Parties shall cooperate fully, at the indemnifying party’s request and expense, with the indemnifying party in the defense, settlement or compromise of any such action. The indemnified party may retain its own counsel at its own expense, subject to the indemnifying party’s rights above. 9. SERVICE LEVEL AGREEMENT Kronos shall provide the service levels and associated credits, when applicable, in accordance with the Service Level Agreement attached hereto as Exhibit A and which is hereby incorporated herein by reference. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE OR INTERRUPTION OF THE CLOUD SERVICES OR FAILURE BY KRONOS TO MEET THE TERMS OF THE APPLICABLE SERVICE LEVEL AGREEMENT, SHALL BE THE REMEDIES PROVIDED IN EXHIBIT A. 10. LIMITATION OF LIABILITY Rev. 01012017 IN ADDITION TO THE LIMITATIONS SET FORTH IN THE LICENSE AGREEMENT, EXCEPT WITH RESPECT TO LIABILITY ARISING FROM KRONOS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KRONOS DISCLAIMS ANY AND ALL LIABILITY AND SERVICE CREDITS, INCLUDING SUCH LIABILITY RELATED TO A BREACH OF SECURITY OR DISCLOSURE, RESULTING FROM ANY EXTERNALLY INTRODUCED HARMFUL CLOUD SERVICES (INCLUDING VIRUSES, TROJAN HORSES, AND WORMS), CUSTOMER’S CONTENT OR APPLICATIONS, THIRD PARTY UNAUTHORIZED ACCESS OF EQUIPMENT OR SOFTWARE OR SYSTEMS, OR MACHINE ERROR. 11. DATA SECURITY 11.1 As part of the Cloud Services, Kronos shall provide those administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer data as described at: http://www.kronos.com/products/workforce-central-cloud/cloud-guidelines.aspx Customer acknowledges that such safeguards endeavor to mitigate security incidents, but such incidents may not be mitigated entirely or rendered harmless. Customer should consider any particular Kronos supplied security-related safeguard as just one tool to be used as part of Customer’s overall security strategy and not a guarantee of security. Both parties agree to comply with all applicable privacy or data protection statutes, rules, or regulations governing the respective activities of the parties under the Agreement. 11.2 As between Customer and Kronos, all Personally Identifiable Data is Customer’s Confidential Information and will remain the property of Customer. Customer represents that to the best of Customer’s knowledge such Personally Identifiable Data supplied to Kronos is accurate. Customer hereby consents to the use, processing or disclosure of Personally Identifiable Data by Kronos and Kronos’ Suppliers wherever located only for the purposes described herein and only to the extent such use or processing is necessary for Kronos to carry out Kronos’ duties and responsibilities under the Agreement or as required by law. 11.3 Prior to initiation of the Cloud Services and on an ongoing basis thereafter, Customer agrees to provide notice to Kronos of any extraordinary privacy or data protection statutes, rules, or regulations which are or become applicable to Customer’s industry and which could be imposed on Kronos as a result of provision of the Cloud Services. Customer will ensure that: (a) the transfer to Kronos and storage of any Personally Identifiable Data by Kronos or Kronos’ Supplier’s data center is permitted under applicable data protection laws and regulations; and, (b) Customer will obtain consents from individuals for such transfer and storage to the extent required under applicable laws and regulations. DATED: CUSTOMER: CLEARWATER FIRE KRONOS BY:______________________________ BY:______________________________ NAME:___________________________ NAME:___________________________ TITLE: ___________________________ TITLE:___________________________ Rev. 01012017 EXHIBIT A SERVICE LEVEL AGREEMENT (SLA) Service Level Agreement: The Applications, in a production environment, are provided with the service levels described in this Exhibit A. SLAs are only applicable to production environments. SLAs will be available upon Customer’s signature of Kronos’ Go Live Acceptance Form for Customer’s production environment. 99.75% Application Availability Actual Application Availability % = (Monthly Minutes (MM) minus Total Minutes Not Available (TM)) multiplied by 100) and divided by Monthly Minutes (MM), but not including Excluded Events Service Credit Calculation: An Outage will be deemed to commence when the Applications are unavailable to Customer in Customer’s production environment hosted by Kronos and end when Kronos has restored availability of the Applications. Failure to meet the 99.75% Application Availability SLA, other than for reasons due to an Excluded Event, will entitle Customer to a credit as follows: Actual Application Availability % (as measured in a calendar month) Service Credit to be applied to Customer’s monthly invoice for the affected month <99.75% to 98.75% 10% <98.75% to 98.25% 15% <98.25% to 97.75% 25% <97.75 to 96.75% 35% <96.75 50% "Outage" means the accumulated time, measured in minutes, during which Customer is unable to access the Applications for reasons other than an Excluded Event. “Excluded Event” means any event that results in an Outage and is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Kronos, including without limitation Customer Content, failures or malfunctions resulting from circuits provided by Customer, any inconsistencies or changes in Customer’s source environment, including either intentional or accidental connections or disconnections to the environment; (c) Force Majeure events; (d) expected downtime during the Maintenance Periods described below; (e) any suspension of the Cloud Services in accordance with the terms of the Agreement to which this Exhibit A is attached; (f) the unavailability of required Customer personnel, including as a result of failure to provide Kronos with accurate, current contact information; or (g) using an Application in a manner inconsistent with the Documentation for such Application. “Maintenance Period” means scheduled maintenance periods established by Kronos to maintain and update the Cloud Services, when downtime may be necessary, as further described below. The Maintenance Period is used for purposes of the Service Credit Calculation; Kronos continuously maintains the production environment on a 24x7 basis to reduce disruptions. Customer Specific Maintenance Period 1. Customer will choose one of the following time zones for their Maintenance Period: a. United States Eastern Standard Time, b. GMT/UTC, or c. Australian Eastern Standard Time (AEST). 2. Customer will choose one of the following days of the week for their Maintenance Period: Saturday, Sunday, Wednesday or Thursday. 3. Kronos will use up to six (6) hours in any two (2) consecutive rolling months (specifically: January and February; March and April; May and June; July and August; September and October; November and Rev. 01012017 December) to perform Customer Specific Maintenance, excluding any customer requested Application updates. Downtime in excess of these six (6) hours will be deemed to be an Outage. 4. Customer Specific Maintenance will occur between 12am-6am during Customer’s selected time zone. 5. Excluding any customer requested Application updates, Kronos will provide notice for planned downtime via an email notice to the primary Customer contact at least seven (7) days in advance of any known downtime so planning can be facilitated by Customer. 6. Customer Specific Maintenance Windows also include additional maintenance windows mutually agreed upon by Customer and Kronos. 7. In absence of instruction from Customer, Kronos will by default perform Maintenance in the time zone where the Data Center is located. Non-Customer Specific Maintenance Period Kronos anticipates non-Customer Specific Maintenance to be performed with no or little (less than three hours per month) Customer downtime. If for any reason non-Customer Specific Maintenance requires downtime, Kronos will provide as much notice as reasonably possible of the expected window in which this will occur. Downtime in excess of three (3) hours per month for Non-Customer Specific Maintenance will be deemed to be an Outage. “Monthly Minutes (MM)” means the total time, measured in minutes, of a calendar month commencing at 12:00 am of the first day of such calendar month and ending at 11:59 pm of the last day of such calendar month. “Total Minutes Not Available (TM)” means the total number of minutes during the calendar month that the Cloud Services are unavailable as the result of an Outage. Reporting and Claims Process: Service Credits will not be provided if: (a) Customer is in breach or default under the Agreement at the time the Outage occurred; or (b) the Outage results from an Excluded Event. If Kronos does not provide the appropriate Service Credit as due hereunder, Customer must request the Service Credit within sixty (60) calendar days of the conclusion of the month in which the Service Credit accrues. Customer waives any right to Service Credits not requested within this time period. All performance calculations and applicable Service Credits are based on Kronos records and data unless Customer can provide Kronos with clear and convincing evidence to the contrary. The Service Level Agreements in this Exhibit, and the related Service Credits, apply on a per production environment basis. For the avoidance of doubt, Outages in one production environment may not be added to Outages in any other production environment for purposes of calculating Service Credits. Customer acknowledges that Kronos manages its network traffic in part on the basis of Customer’s utilization of the Cloud Services and that changes in such utilization may impact Kronos’ ability to manage network traffic. Therefore, notwithstanding anything else to the contrary, if Customer significantly changes its utilization of the Cloud Services than what is contracted with Kronos and such change creates a material and adverse impact on the traffic balance of the Kronos network, as reasonably determined by Kronos, the parties agree to co-operate, in good faith, to resolve the issue. Rev 01222016 KRONOS ADDENDUM WORKFORCE TELESTAFF IVR SERVICE (Licensed or User Based) This is an Addendum to the agreement between Kronos and Customer governing those certain Kronos Workforce Telestaff software applications whether on a perpetual license basis or in a software as a service model (the “Agreement”) between Clearwater Fire (“Customer”) and Kronos. The parties hereby agree that the following terms and conditions are supplemental terms and conditions to the Agreement and are applicable to the Workforce Telestaff IVR offering (“Telestaff IVR”), a subscription service Kronos is authorized to resell. Telestaff IVR can be ordered either on a licensed basis with Port (in which case Telestaff IVR is only available with a perpetual license to Workforce Telestaff and is not hosted by Kronos) (“Workforce Telestaff IVR License Per Port”) or on a per minute basis (“Workforce Telestaff IVR Service”). The applicable designation for Telestaff IVR will be indicated on the applicable Order Form. 1. Description. Telestaff IVR is an Interactive Voice Response (IVR) solution, provided solely for Customer’s internal use, by which Customer may initiate phone calls to staff members to fill vacancies or receive notifications of work opportunities for employees who are licensed to use the Kronos Workforce TeleStaff® product. Each exchanged message (notice, response, confirmation, denial) shall be considered an “Interaction.” 2. Maintenance. Telestaff IVR maintenance will entitle Customer to Telestaff IVR phone support and software updates and shall commence upon the execution of the Order Form. For Workforce Telestaff IVR Service, maintenance will be provided at the same level of support as Customer’s Workforce TeleStaff product at no additional charge. For Workforce Telestaff IVR License Per Port, if Customer wants maintenance for the Workforce Telestaff IVR License Per Port, Customer must purchase maintenance for both Workforce TeleStaff and Workforce Telestaff IVR License Per Port, and maintenance for Workforce Telestaff IVR License Per Port will be charged at the same level of support as Workforce TeleStaff (i.e., Gold or Platinum). 3. Implementation. To initiate and setup administration of the required communications, Kronos will perform the standard implementation of Telestaff IVR, including configuration, as described in the Statement of Work (“SOW”) signed by the Customer. Any additional professional services for non-standard implementation services will be provided at mutually agreed upon rates subject to a separate Order Form or a separate statement of work mutually agreed upon by both parties. 4. Payment. Kronos will invoice Customer for the Telestaff IVR implementation/configuration professional services fees set forth in the applicable SOW and Order Form, pursuant to the Agreement and on the payment terms set forth therein. Kronos will invoice Customer as follows: (i) for the license fees and annual maintenance associated with the Workforce Telestaff IVR License Per Port, upon execution of the Order Form; or (ii) each month in arrears for the Workforce Telestaff IVR Service usage fees for the total actual number of metered minutes used each month (the “Minute Usage Fee”) at a rate of $0.13 per minute, subject to Section 7 below. Customer’s right to begin using the service shall begin upon activation of the service after implementation/configuration. Unless otherwise indicated on the Order Form, Customer will pay invoices issued by Kronos hereunder within thirty (30) days of receipt. 5. Restrictions on Telestaff IVR Services; Additional Responsibilities. Customer agrees that Telestaff IVR has not been designed for, and may not be used as, a means to connect with 911 or E911 emergency services. Kronos shall have no liability for any delays, failures or unavailability of Telestaff IVR due to transmission or other delays, errors or problems beyond Kronos’ control, or any other interruptions caused by the mobile communications network and/or mobile devices. Use of Telestaff IVR is subject to the software license terms set forth in the Agreement as well as the provider’s Acceptable Use Policy found at: Rev 01222016 http://voxeo.com/aup and Customer agrees that it shall be liable for all loss, damage or injury that may result from Customer’s failure to abide by such Policy. Customer acknowledges that communications occurring through Telestaff IVR may be subject to standard mobile carrier policies or government regulatory requirements for mobile communications. 6. Telestaff IVR Security. The Telestaff IVR service relies upon a third party hosted communication platform. Accordingly, notwithstanding any other provision of the Agreement or this Addendum to the contrary, Customer understands and acknowledges that the exclusive statement of the security protections provided for i) Interactions by Customer and its employees through Telestaff IVR, and ii) all associated data, is part of the provider’s privacy policy which is subject to change with prior written notice. The current security statement is as follows: Security of Your Personal Information Kronos’ provider takes appropriate technical, physical and administrative steps to protect the security of your information. Access to your personal information is limited only to those employees, contractors or authorized agents of Kronos and its provider who have authorization to access your personal information and such access is limited to the extent such information is needed to fulfill the task for which personal information was collected. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution to protect your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. 7. Renewal and Termination. The initial term is twelve months commencing upon the execution of the Order Form. At the expiration of the initial term, unless the Order Form provides as different renewal period, the term shall automatically renew on an annual basis until terminated in accordance with the provisions hereof. At any time: (i) Customer may terminate the Telestaff IVR service for convenience upon thirty (30) days prior written notice, and (ii) Kronos may terminate the Telestaff IVR service for convenience upon one hundred and twenty (120) days prior written notice. Kronos may increase the per minute rate upon renewal with sixty (60) days prior written notice for use based Telstaff IVR. AGREED AND ACCEPTED CUSTOMER: By: Name: Title: Date: KRONOS: By: __________________ Name: Title: Date: Fire Department - Station 45 1140 Court Street Clearwater, FL 33756- CITY OF CLEARWATER 100 S. MYRTLE AVE. P.O. BOX 4748 CLEARWATER, FL 33756-5520 B L A N K E T O R D E R BR512470 Effective Date 18-Jul-2017 Expire Date 17-Jul-2018 Deliver to: MAIL ORIGINAL INVOICE TO: Purchasing Division P.O. Box 4748 Clearwater, Florida 33758-4748 Florida Sales Tax Exemption Certificate No. 85-8012740095C-1 Federal Excise Tax Exemption No. 59-6000-289 Page 1 of 1 Supplier: CHELMSFORD, MA 01824- 297 BILLERICA RD KRONOS INC 0.00 - ACCTS PAYABLE Direct all communications on this order to: Line Quantity Unit Total PriceDescriptionUnit Price MARTY MORAN 727-5624334X3070 Terms: Net 30 days F.O.B.: DEST 1.001 27,195.00 DL $27,195.00LICENSE/MAINT $1.00 Upgrade to replace TeleStaff v2.9, to Kronos Workforce TeleStaff. 1.002 1,005.00 DL $1,005.00PHONE$1.00 ANCILLARY PHONE CHARGES DISCOUNTS: For any discount, time will be computed from date of satisfactory delivery of all items or the date a correct invoice is received, whichever is later. Alyce L. Benge, CPPO Purchasing Manager Amounts stated on a Blanket PO are estimated requirements - the City is not responsible for unused portions of the Blanket PO. This purchase order is subject to the Standard Terms and Conditions posted at : www.myclearwater.com/purchaseorder-TandC Total Amount $28,200.00 ORDER FORM Quote#: 570416 - 1 Order Type: Upgrade US Expires: 28-JUL-2017 Date: 11-JUL-2017 Sales Executive: Kim, Jessie H Page: 1/2 Bill To:Attn:SCOTT MAGNESS CLEARWATER FIRE 1140 COURT STREET CLEARWATER FL 33756 United States Ship To:Attn:SCOTT MAGNESS CLEARWATER FIRE 1140 COURT STREET CLEARWATER FL 33756 United States Solution ID:6104285 Contact:Scott Magness Email:scott.magness@myclearwater.com Ship To Phone:1 727 4241644 Payment Terms: N30 FOB: Shipping Point Currency: USD Ship Method: Customer PO Number: Freight Term: Prepay & Add Order Notes: This order is subject to the terms and conditions of that certain Sales, Software License and Services Agreement between Kronos and Customer dated 11/14/2011 Customer will continue support on the Web Access TSG Hosted product. Customer may renew or terminate the Web Access TSG Hosted product support services in accordance with the terms of the Agreement.\ Kronos will invoice Customer each month in arrears for Workforce Telestaff IVR service usage fees for the total actual number of metered minutes used each month (the "Minute Usage Fee") at a rate of $0.13 per minute. Initial Term: 1 Year Data Center: US Total Monthly Service Fees: $1360.00 Billing Start Date: Upon execution of Order Form Billing Frequency: Monthly in Advance Renewal Term: 1 Year Your Kronos solution includes: SOFTWARE Item License/Qty Total Price WORKFORCE TELESTAFF GLOBAL ACCESS V6 220 WORKFORCE TELESTAFF IVR SERVICE 1 Total Price 3,960.00 SUPPORT SERVICES Item Duration Total Price PLATINUM SUPPORT SERVICE 1 YR 990.00 Total Price 990.00 *Support values listed above are total for all applicable products in each section of this order form Quote#: 570416 - 1 Page: 2/2 PROFESSIONAL SERVICES / EDUCATIONAL SERVICES Item Quantity Unit Price Total Price KNOWLEDGE PASS 1 Each 0.00 0.00 ED SERVICES SUBSCRIPTION 1 Contract 1,050.00 1,050.00 TSG TECHNICAL SERVICES 21 Hours 215.00 4,515.00 Technology Consultant 21 Hours 215.00 TSG PROFESSIONAL SERVICES 2 Hours 180.00 360.00 Project Manager 2 Hours 180.00 Total Price 5,925.00 Item Quantity Total Price CLOUD HOSTING WORKFORCE TELESTAFF ENTERPRISE BASE FEE PER MONTH 12 15,000.00 CLOUD HOSTING WORKFORCE TELESTAFF ENTERPRISE PER EMPLOYEE PER MONTH 12 1,320.00 Total Price 16,320.00 QUOTE SUMMARY Description Total Price Subtotal 27,195.00 Deposit 0.00 Tax 0.00 Grand Total 27,195.00 CLEARWATER FIRE Kronos Incorporated Signature: ________________________________ Signature: ________________________________ Name: ___________________________________ Name: ___________________________________ Title: ____________________________________ Title: ____________________________________ Effective Date: ____________________________ Effective Date: ____________________________ Invoice amount will reflect deposit received. All professional services are billed as delivered with a payment term of Net Upon Receipt. Unless otherwise indicated above, this order is subject to the attached terms and conditions which the customer acknowledges have been read. THIS ORDER IS SUBJECT TO APPLICABLE TAXES. THE TAX AMOUNT SHOWN ON THIS ORDER IS ONLY AN ESTIMATE. THE ACTUAL TAX AMOUNT TO BE PAID BY CUSTOMER WILL BE SHOWN ON CUSTOMER'S INVOICE. The JBoss® Enterprise Middleware components embedded in the Software are subject to the End User License Agreement found at http://www.redhat.com/licenses/jboss_eula.html.Shipping and handling charges will be reflected on the final invoice. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3827 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Approve an agreement between Pinellas County and City of Clearwater to provide Emergency Medical Services ALS First Responder services to the Clearwater Fire District, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has also contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire & Rescue will provide advanced life support services 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. Under the agreement, the EMS Authority reimburses Clearwater Fire & Rescue for operating six rescue units and two advanced life support engines (ALS). Clearwater Fire & Rescue operated an additional two ALS engines to provide upgraded service to the fire district. The initial term of this Agreement shall be for two years, commencing October 1, 2017 and ending at midnight September 30, 2019, unless this Agreement is earlier terminated as provided for herein in this Agreement. This Agreement may be extended for three additional one year periods following the initial term, provided that the Parties mutually agree in writing to such extension which is subject to Authority and Contractor approval prior to July 1st of each extension year. Page 1 City of Clearwater Printed on 9/7/2017 2017 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT CITY OF CLEARWATER OCTOBER 1, 2017 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, FL 33774 Emergency Medical Services ALS First Responder Agreement Page 2 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT AGREEMENT made this ________ day of__________, 2017, between the CITY OF CLEARWATER, a Florida municipal corporation (”Contractor”), and the PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY, a special district (”Authority”). RECITALS 1. The Authority is a special district created for the purpose of providing Emergency Medical Services throughout Pinellas County (”County”), pursuant to Chapter 80-585, Laws of Florida and Chapter 54, Article III, Pinellas County Code, as amended (“The Acts”). 2. The Authority has determined that a single-tier all Advanced Life Support (”ALS”) EMS system with a first responder component and a transport component is in the best interest of public safety, health and welfare. 3. The Authority has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services (as defined herein) and has also contracted with an Ambulance Contractor to provide ALS emergency and non-emergency transport services. 4. The Authority wishes to continue to provide for the long-term direction and financial stability of the entire Emergency Medical Services system through working with the First Responder agencies to control costs. 5. Authority is authorized to enter into agreements for Emergency Medical Services and the Contractor is willing and able to provide First Responder Services (as defined herein). 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: Emergency Medical Services ALS First Responder Agreement Page 3 ARTICLE I THE AGREEMENT SECTION 101. RECITALS AND PURPOSE. The foregoing recitals are hereby incorporated and made part of this Agreement. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of ALS First Responder Services in 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, 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. ALS First Responder Profile Appendix B. ALS First Responder Contractors Appendix C. EMS Equipment Appendix D. EMS Financial Information Attestation Form Appendix E. Instructor Reimbursement Form Subject to Section 912, this Agreement, together with the foregoing Appendices, constitutes the entire Emergency Medical Services ALS First Responder Agreement between the Parties with respect to the provision of ALS First Responder Services, except to the extent that HIPAA (Health Insurance Portability and Accountability Act) requires additional agreements, which will be handled separately, and shall supersede any prior agreement, contract or memorandum of understanding between the Parties regarding such services. SECTION 104. SCOPE OF SERVICES. The services to be performed by the Contractor under this Agreement include the following: (a) The response of an ALS First Responder Unit to the scene of an EMS Incident. (b) The on-scene Patient care by Field Personnel. Emergency Medical Services ALS First Responder Agreement Page 4 (c) The continuation of Patient care, when Contractor’s Paramedic accompanies the Patient during transport by the Ambulance Provider or medical helicopter. The transport of Patients to a medical facility, in extraordinary circumstances, shall be in accordance with Florida Statute 401.33 and the then current Medical Operations Manual, Transport Protocols. (d) The episodic utilization of CME Instructors and Public Educators/Community Paramedics by participating Contractors. Such services 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: “ALS” means Advanced Life Support. “ALS First Responder Services” means the response of an ALS First Responder Unit to an EMS Incident and, if necessary, on-scene Patient care by EMTs and Paramedics, all in accordance with the protocols of the Authority. “ALS First Responder Station” means any location designated by the Contractor and approved by the Authority at which an ALS First Responder Unit, with the minimum staffing required herein, is located. “ALS First Responder Unit” means any of the ALS permitted vehicles provided by Contractor under this Agreement and listed on Appendix A; each of which is equipped to provide Advanced Life Support services and is used for rapid response to an EMS Incident. ALS First Responder Units may include, but not be limited to: ALS engines, Transport capable rescue units and non-Transport capable rescue units. “Advanced Life Support” means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the Department. Emergency Medical Services ALS First Responder Agreement Page 5 “Ambulance” means a vehicle constructed, equipped and permitted as an ALS Ambulance, pursuant to the rules of the Department for the transportation of Patients. “Ambulance Contractor” means the entity selected by the Authority to provide ambulance service countywide. “Annual Compensation” means the professional services fee listed on Appendix A, as may be adjusted pursuant to the terms of this Agreement. “Annual External Audit” means an audit conducted by an external certified public accountant, retained by the Contractor, who at the end of each Fiscal Year verifies and attests that the Contractor has complied with the requirement to utilize EMS funds solely for EMS purposes in accordance with Section 706 through the submission of the form shown on Appendix D. “Authority” means the Pinellas County Emergency Medical Services Authority, a special district established by Chapter 80-585, Laws of Florida, as amended. “Authority Funded Unit” means an ALS First Responder Unit authorized and funded by the Authority pursuant to the terms of this Agreement. “Automatic Aid/Closest Unit Response Agreement” means the agreement by and between every political subdivision and fire control districts within Pinellas County dated October 16, 1990. “BLS” means Basic Life Support. “BLS First Responder Unit” means a vehicle equipped to provide Basic Life Support only. “Basic Life Support” means treatment of medical emergencies by a qualified person through the use of techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. “CAD” means the computer aided dispatch system. “Caller” means a person accessing the response system by telephone. “Continuing Medical Education” or “CME” means the medical education training program, through distance learning or classroom based courses, provided in accordance with the EMS Rules & Regulations. "CME Instructor" means a County Certified Paramedic, County Certified EMT or County Certified registered nurse, employed and approved by a Contractor or the Ambulance Contractor, who meets the qualifications set forth in the EMS Rules and Regulations and is approved by the Medical Director. CME Instructors may be utilized to teach regular CME Emergency Medical Services ALS First Responder Agreement Page 6 classes, specialized Courses. EMS System orientation or serve as a subject matter expert, curriculum developer or to complete a specific task assignment. “Contractor” means any one of the entities described on Appendix B. “Contractor Funded Unit” means an ALS First Responder Unit, approved by the Executive Director, which is funded and operated by the Contractor for their operational flexibility, but, the additional Unit is not necessary for the Contractor to meet its obligations under the terms of this Agreement. “County” means Pinellas County, Florida, a political subdivision of the State of Florida. “County Certified” means authorized to work in the EMS System in accordance with requirements established by the Medical Control Board, the Medical Director and approved by the Authority. "Course" means any individual CME offering available online or through a sufficient number of classroom based training classes. Regular CME Courses, whether online or classroom based, will be two (2) hours in duration. “Department” means the State of Florida Department of Health. “Disaster” means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that cannot be managed through routine procedures and resources of the EMS system. “Emergency Medical Technician” or “EMT” means any person who is trained in Basic Life Support, who is County Certified and who is certified by the Department to perform such services in emergency situations. “Emergency Medical Services” or “EMS” means the services provided by the Contractor pursuant to Section 104. “EMS Advisory Council” means the advisory board established by the Special Act. “EMS Districts” means the districts designated by Authority pursuant to the Special Act and Resolution 14-66, as may be amended. “EMS Emergency” means any occurrence or threat thereof in the County, any municipalities therein, or in Pasco, Hillsborough or Manatee County, which may result in unusual system overload and is designated as an EMS Emergency by the Executive Director or Authority. “EMS Equipment” means the equipment listed on Appendix C, as may be amended from time to time by the Executive Director. Emergency Medical Services ALS First Responder Agreement Page 7 “EMS Incident” means an emergency or non-emergency request processed through the Regional 9-1-1 Center that needs or is likely to need medical services. “Emergency Response” means, for the purposes of measuring response time compliance in Section 403, the act of responding to a request for services in which the Priority Dispatch Protocols have determined that red lights and sirens will be used. “EMS Mill” means the ad valorem real property tax imposed by the Authority pursuant to the “Special Act”, Laws of Florida, as amended. “EMS Ordinance” means Chapter 54, Article III of the Pinellas County Code, as may be amended. “EMS System” means the network of organizations and individuals, including, but not limited to the Authority, Ambulance Contractor, the Contractors, the EMS Advisory Council, the Medical Control Board and the Medical Director, established to provide Emergency Medical Services in Pinellas County. “Executive Director” means the Director of the EMS System, or his or her designee. “First Due Unit” means the ALS First Responder Unit, within Contractor’s primary response area, predetermined to be the nearest to the EMS Incident, in accordance with Section 409 hereof. “Field Personnel” means Paramedics and EMTs employed by Contractor. “First Responder Services” means ALS First Responder Services. “Fiscal Year” means the year commencing on October 1 of any given year and ending on September 30 of the immediately-succeeding 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, and 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 (except normal weather conditions for the County), 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 Emergency Medical Services ALS First Responder Agreement Page 8 occurrence. “Just Culture” means the framework of assuring patient safety through error prevention and process improvement; assuring and improving the quality of Patient care and Client services; supporting a professional environment and culture that encourages and supports our Certified Professionals; understands human errors occur and how accountability is assured through consoling, coaching, counseling, Remedial Training, or corrective action. "Learning Management System" means the integrated fire and EMS software system utilized by Provider Agencies for online training, classroom based training attendance tracking, in- service education; dissemination of administrative and medical control directives, tracking receipt of protocols and directives, skill assessment and testing results. Authority's staff and Medical Director shall have administrative rights to upload Emergency Medical Services Continuing Medical Education and post CME curriculum, in-service training modules, administrative and medical control directives, run attendance and grade reports for all students, and reports for CME Instructor activity. All Contractors will utilize the common software platform, Target Solutions, or a successor software product as determined by the Authority upon agreement with the CME steering committee as defined in the EMS Rules and Regulations. “Medical Case Review” means a review conducted by the EMS Medical Director or designee, with all Certified Professionals involved with a case, to closely examine the care of a Patient using a positive and educational approach to determine where gaps in knowledge or errors occurred. Such Medical Case reviews shall be conducted with a Just Culture framework to ensure a positive and supportive culture that encourages quality Patient care. “Medical Control” means the medical supervision of the EMS System provided by the Medical Director. “Medical Control Board” means the board appointed by Authority pursuant to the EMS Ordinance and having the duties and responsibilities set forth in the EMS Ordinance. “Medical Direction” means supervision by Medical Control through two-way communication or through established standing orders, pursuant to rules of the Department. “Medical Director” means a licensed physician, or a corporation, association, or partnership composed of physicians, which employs a licensed physician for the purpose of providing Medical Control to the EMS System. Emergency Medical Services ALS First Responder Agreement Page 9 “Medical Operations Manual” means the clinical guidelines, prepared for the EMS System and approved by the Medical Control Board, as the same may be amended from time to time. “On-Scene Equipment Exchange Program” means the Authority’s program whereby an equipment item, such as backboards and immobilization devices, which may be amended by the Executive Director, is employed by Contractor in the course of preparing a Patient for transport and the ambulance personnel replaces the same from its own on-board inventory. “Paramedic” means a person who is trained in Basic and Advanced Life Support, who is County Certified, and who is certified by the Department to perform Basic and Advanced Life Support procedures pursuant to the provisions of state statute, regulations and the Medical Operations Manual. “Party” or “Parties” means either the Authority or the Contractor, or both, as the context of the usage of such term may require. “Patient” means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. “Priority Dispatch Protocols” means the protocols adopted by the Authority, and as may be amended from time to time, governing the EMS System’s response to the different types of service requests. "Public Educator/Community Paramedic" means a County Certified Paramedic or County Certified EMT, or approved public educator employed and approved by a Contractor or the Ambulance Contractor, who meets the qualifications set forth in the EMS Rules and Regulations and is approved by the Medical Director. Public Educators/Community Paramedics may be utilized to teach CPR, first aid, drowning prevention, fall prevention or any other type of EMS specific public education, or prevention program or established community paramedic/outreach program or to complete a specific task assignment related to EMS public education/community outreach. “Regional 9-1-1 Center” means the Communications Center and related telephone, radio and data systems operated and maintained by Pinellas County as the countywide Public Safety Answering Point for the purpose of receiving 9-1-1 calls from citizens; providing emergency medical dispatch following the Priority Dispatch Protocols; providing for the dispatch of all BLS and ALS First Responder Units to EMS Incidents; and providing for the ongoing Emergency Medical Services ALS First Responder Agreement Page 10 communications via radio and wireless data systems. “Response” means the act of responding to a request for services, which act begins when ALS First Responder Units are dispatched to an EMS Incident. “Response Time” means the period of time commencing when an ALS First Responder Unit is dispatched to an EMS Incident and ending when Contractor's first ALS First Responder Unit arrives on the scene of the incident. “Rules and Regulations” means the rules and regulations adopted by the Authority, which is subject to amendment. “Run Cards” means the Regional 9-1-1 Center’s computer aided dispatch software database that, based upon the location of the EMS Incident and a predetermined listing of ALS First Responder Units which the Contractor has determined to be the closest by travel time or most appropriate in ranked order, recommends the closest or most appropriate ALS First Responder Unit(s) to respond to EMS Incidents, or successor methods such as global positioning satellite (GPS) automatic vehicle location (AVL) systems. “Special Act” means Chapter 80-585, Laws of Florida, as amended. “Special Events” means non-emergency events, such as sporting events, parades, festivals and other group or mass gatherings, which may require BLS or ALS medical coverage. “State” means the State of Florida. “State of Emergency” means a Disaster which has been declared by proclamation of the State, County or a municipality in the County. “Total Unit Hour Compensation” means Unit Hour Compensation multiplied by the number of Authority Funded Units provided by this Agreement. “Transport” means the transportation of Patients to any destination by Ambulance. “Uncontrollable Circumstance” means a Force Majeure, an EMS Emergency or a State of Emergency. “Unforeseen Circumstances” means circumstances which could not reasonably be foreseen by the Parties at the time of execution of this Agreement. “Unit Compensation” means the Annual Compensation in a Fiscal Year divided by the number of Authority Funded Units provided by this Agreement. “Unit Hour Compensation” means the Unit Compensation divided by Eight Thousand, Seven Hundred and Sixty (8,760) Hours. Emergency Medical Services ALS First Responder Agreement Page 11 SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the 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 REPRESENTATIONS SECTION 301. REPRESENTATIONS OF AUTHORITY. Authority represents to Contractor that each of the following statements is presently true and correct: (a) Existing. Authority has all requisite power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of, and has been or will be duly executed and delivered by Authority and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on Authority. (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Authority enforceable against Authority in accordance with the terms thereof, except as such enforceability may be affected or limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditor’s rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) Financial Capability. Authority is fully capable, financially and otherwise, to perform its obligations hereunder, subject to availability of funds lawfully appropriated for the purposes provided in this Agreement. (e) No Litigation. There are no pending, or to the knowledge of Authority, threatened actions or proceedings before any court or administrative agency to which Authority is a party, questioning the validity of this Agreement or any document or action contemplated hereunder, or which are likely, in any case or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder. Emergency Medical Services ALS First Responder Agreement Page 12 SECTION 302. REPRESENTATIONS OF CONTRACTOR. Contractor represents to Authority that each of the following statements is presently true and correct: (a) Existing. Contractor is a Florida municipal corporation or independent special district having all requisite power and authority in Florida to carry on its business as now conducted, to own or hold or otherwise control its properties, and to enter into and perform its obligations under this Agreement and under each instrument described herein to which it is or will be party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of and has been duly executed and delivered by Contractor and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on the Contractor. (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditor’s rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) No Litigation. There are no pending, or to the knowledge of Contractor, threatened actions or proceedings before any court or administrative agency to which Contractor is a party, questioning the validity of this Agreement or any document or action contemplated hereunder, or which are likely, in any case or in the aggregate to materially adversely affect the consummation of the transactions contemplated hereunder. (e) Financial Capability. Contractor is fully capable, financially and otherwise, to perform its obligations hereunder subject to availability of funds lawfully appropriated for the purposes provided in this Agreement. ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. VEHICLES AND EQUIPMENT. (a) Obligation to Provide Vehicles. At all times during the term of this Agreement, Contractor shall provide the number of Authority Funded Units described on Appendix A. Emergency Medical Services ALS First Responder Agreement Page 13 Contractor reserves the right to select and acquire vehicles and apparatus used in the performance of this Agreement. (b) Maintenance of Vehicles and Fuel. Contractor shall be responsible for the maintenance and repair of ALS First Responder Units and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles and fuel. Contractor shall maintain records of maintenance and fuel in order to document that ALS First Responder Units are maintained and used in accordance with this Agreement. (c) Staffing of Vehicles. Each ALS First Responder Unit shall be staffed in compliance with Chapter 401, Florida Statutes, with a minimum of one (1) Paramedic. Contractor shall maintain records of staffing in order to document that ALS First Responder Units are staffed in accordance with this Agreement. (d) Equipment and Supplies. With the exception of equipment maintained by the Authority in Section 507, Contractor shall furnish and maintain all EMS Equipment, required to be provided by the Contractor pursuant to Appendix C. Contractor shall also be responsible for the cost of replacing outdated medical supplies as provided in Section 504, which are lost through inadequate stock rotation; as well as the cost of medical supplies which are lost, stolen, damaged, or unaccounted for due to Contractor’s negligence. The Authority shall be responsible for the cost of any medical supplies which are lost, stolen, or damaged due to a cause other than Contractor’s negligence. Contractor shall be subject to the Authority’s On-Scene Equipment Exchange Program. (e) Medical Communications Equipment. Contractor shall be responsible for the replacement of all medical communications equipment that is lost, stolen or damaged due to Contractor’s negligence. Contractor shall also be responsible for all routine maintenance of such equipment. The Authority shall be responsible for the replacement of any medical communications equipment that is lost, stolen or damaged due to a cause other than Contractor’s negligence. (f) Inspections. Contractor shall allow representatives of the Authority and of the Medical Director to inspect ALS First Responder Units, equipment and ALS First Responder Stations as may be reasonably required to determine compliance with this Agreement. (g) Patient Care Reporting System Equipment. Contractor shall be responsible for the replacement of all field equipment for the Patient Care Reporting System (e.g. notebook computers) that is lost, stolen or damaged due to Contractor’s negligence. The Authority shall be Emergency Medical Services ALS First Responder Agreement Page 14 responsible for the replacement of field equipment for the Patient Care Reporting System that is lost, stolen or damaged due to a cause other than Contractor’s negligence. SECTION 402. PRIORITY DISPATCH PROTOCOLS. Contractor shall respond to EMS Incidents in accordance with the then current Priority Dispatch Protocols. Contractor and the Authority shall cooperate in implementing periodic enhancements and improvements to the Priority Dispatch Protocols. During the term of this Agreement, Contractor and Authority will work collaboratively to expand the use of Priority Dispatch Protocols to reduce responses to certain non-life threatening EMS Incidents. The expansion of the use of Priority Dispatch Protocols will be dependent upon the Authority revising their level of service resolution to adopt Contractor’s current ALS deployment as the minimal foundation necessary to maintain current service levels within the Contractor’s EMS District in accordance with Section 403. SECTION 403. RESPONSE TIME. Response Time to not less than ninety percent (90%) of all EMS Incidents in a Fiscal Year which are (1) prioritized as an Emergency Response; (2) are within Contractor’s EMS District; and (3) for which Contractor’s ALS First Responder Unit is determined, in accordance with Section 409, to be the First Due Unit, shall be within seven (7) minutes and thirty (30) seconds or less; provided, however, that such Response Time standard shall not be applicable to Responses which occur during periods of Uncontrollable Circumstances or to Responses to remote areas or areas of limited accessibility, as requested by Contractor and approved by the Executive Director. The Authority and the Contractor desire to maintain Response Times for each EMS District at or below the Response Times now enjoyed by each respective EMS District. Such level of service is met by Authority Funded Units. SECTION 404. CONTINUING MEDICAL EDUCATION. (a) Field Personnel. Contractor shall make available its Field Personnel for Continuing Medical Education as required by state regulation, Rules and Regulations and the Medical Control Board. Satisfactory participation by Contractor’s Field Personnel in Continuing Medical Education provided and made available by the Authority shall constitute fulfillment of this obligation. Contractor shall be responsible for ensuring that its Field Personnel attend Continuing Medical Education training, either in classroom based training or distance learning methods as determined Emergency Medical Services ALS First Responder Agreement Page 15 by the Medical Director, in accordance with the Rules and Regulations. Contractor may prepare and submit to the Executive Director a report evaluating performance of the CME program. Contractor shall use any prepared forms that the Authority requests it to use for this evaluation. (b) CME Instructors. Contractors will use their best efforts to provide a sufficient number of CME Instructors to conduct courses. The Authority will use its best efforts to provide a sufficient number of classes available at regional training sites on days, times and shifts necessary to maximize the availability of First Responder units and ambulances up to one hundred eighty (180) classes per regular CME Course or ninety (90) classes for paramedic only CME Courses. Contractors understand the Authority is responsible for the provision of CME instruction and if the pool of CME Instructors made available by the Contractors is deemed inadequate or insufficient by the Authority, the Authority may elect to provide the CME program directly or through another means. SECTION 405. MEDICAL QUALITY CONTROL. (a) Medical Director. The Medical Director of the EMS System shall also serve as medical director of Contractor’s EMS or ALS First Responder Services. Contractor may not use or employ another Medical Director for the provision of Emergency Medical Services within Contractor’s EMS District. (b) Rules and Regulations: Protocols. Contractor shall fully comply with the Rules and Regulations, including the protocols established in the Medical Operations Manual. (c) Ride-Along. Contractor shall allow the Medical Director and the Executive Director or their representative to ride in ALS First Responder Units during Responses to EMS Incidents. However, such representatives shall conduct themselves in a professional and courteous manner, shall not interfere with Contractor’s employees in the performance of their duties, except as necessary to assure protocol compliance and good Patient care, and shall at all times be respectful of Contractor’s employee/employer relationship. The Medical Director, Executive Director, or their representatives, shall provide proof of employment, proof of workers’ compensation insurance and shall complete any waiver or release forms which may be required by the Contractor prior to riding in ALS First Responder Units. Emergency Medical Services ALS First Responder Agreement Page 16 (d) On-Scene Patient Care. Contractor shall comply at all times with the Authority’s protocol for on-scene control of Patient care. If Contractor’s Paramedic is requested to ride to the hospital with the Ambulance Contractor’s Paramedic, Contractor’s Paramedic shall comply. Contractor’s Paramedic may also decide to ride to the hospital with Ambulance Contractor’s Paramedic. Contractor shall be responsible for the return of the Paramedic from the hospital. (e) Special Events. In the event Contractor provides either BLS or ALS medical coverage at a Special Event in their EMS District, Contractor shall be under the auspices of the Authority, the Medical Control Board and the Medical Director. In providing medical coverage at a Special Event, Contractor shall comply with the Rules and Regulations and with the protocols established in the Medical Operations Manual. Authority Funded Units will not be used for dedicated special events coverage without the written approval of the Executive Director. Contractor and Authority will notify each other of large scale Special Events, which may require additional resources or adversely affect the EMS System, to ensure coordinated event coverage. (f) Quality Assurance. Contractor shall adhere to the quality assurance and quality management program established by the Medical Director and shall participate in quality assurance reviews. SECTION 406. MEDICAL CASE REVIEWS. Medical Case Reviews may include access to data, records review, written and verbal statements by Field Personnel and EMS Coordinator, and attendance at interviews and informal and formal hearings, in accordance with the then current EMS Rules and Regulations and Florida Statute 401.425. Contractor shall cooperate in obtaining such records, verbal and written statements and ensure that its Field Personnel attend Medical Case Reviews when reasonably requested. SECTION 407. PERSONNEL. (a) Training and Qualifications. All Field Personnel employed by the Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the Authority for delivering Patient care and shall hold appropriate credentials in their respective EMS profession. Emergency Medical Services ALS First Responder Agreement Page 17 (b) 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 this standard of conduct. Contractor’s Field Personnel shall be easily identified as EMTs or Paramedics while on scene of an EMS Incident. (c) Part-Time Employment. Contractor shall not unreasonably restrict its employees from seeking or performing part-time employment with Authority’s Ambulance Contractor. (d) EMS Coordinator. Contractor shall designate a County Certified Paramedic as the EMS Coordinator who will be responsible for performing or supervising, at a minimum, for: (1) Reviewing Patient care records in accordance with procedures established by the Medical Director. (2) Responding to EMS Incidents and overseeing Patient care in accordance with procedures established by the Medical Director. (3) Monitoring Contractors’ EMS personnel to ensure compliance with CME requirements. (4) Monitoring Contractors’ EMS personnel to ensure clinical competence and good customer service. (5) Attending and actively participating in EMS related meetings and quality improvement committees. SECTION 408. STATE OF EMERGENCY ASSISTANCE, EMS EMERGENCY AND MUTUAL AID (a) State of Emergency Assistance within Pinellas County. Immediately upon notification by the Authority of a State of Emergency within Pinellas County, Contractor shall commit such resources as mutually agreed upon by the Parties, given the nature of the State of Emergency and shall assist in accordance with applicable plans and protocols mutually agreed upon by the Parties. During a State of Emergency, Contractor shall be released from the requirements of Section 403 and the time requirements of Section 704(a). When Contractor ceases providing assistance with the State of Emergency, Contractor shall resume normal operations as rapidly as is practical and notify the Authority’s authorized representative that Contractor is able to resume normal operations considering exhaustion of personnel, need for restocking and other relevant considerations. Emergency Medical Services ALS First Responder Agreement Page 18 (b) State of Emergency Assistance Outside of Pinellas County. Contractor shall manage any State of Emergency assistance response outside of Pinellas County in a manner which does not prevent Contractor from rendering services in accordance with this Agreement. (c) EMS Emergency. Immediately upon notification by the Authority of an EMS Emergency, Contractor shall assist in the locality where the EMS Emergency has occurred. The level of assistance provided by Contractor shall be mutually agreed upon by the Parties. During an EMS Emergency, the Contractor shall be released from the requirements of Section 403. When Contractor ceases providing assistance during an EMS Emergency, Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations. During the course of an EMS Emergency, Contractor shall use best efforts to continue to provide local ALS emergency coverage. (d) Mutual Aid. Mutual aid responses outside of Pinellas County, rendered by the Contractor outside of Pinellas County that are not due to a State of Emergency or EMS Emergency, shall be performed in accordance with the terms and conditions of this Agreement. SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by the Regional 9-1-1 Center of an EMS Incident, Contractor shall provide ALS First Responder Services in accordance with the Automatic Aid/Closest Unit Response Agreement. The ALS First Responder Unit which is predetermined to be the closest to the emergency scene, by the Run Cards, shall be dispatched without regard to EMS District or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response Agreement is terminated, Contractor shall provide ALS First Responder Services in accordance with the then current Run Cards for all EMS Incidents. The Contractor’s authorized representative will periodically, or at the request of the Authority, update their Run Cards to insure their accuracy and coordinate any changes with any affected Contractor(s). SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor shall establish and implement inventory control procedures for the stocking and use of medical supplies. Contractor shall report, as of September 30th during each year this Agreement is in effect, the balance of all medical supplies held by the Contractor in inventory. Such report will list Emergency Medical Services ALS First Responder Agreement Page 19 the item’s identification number, the item’s description, and the quantity held. Contractor will report the quantity of medical supplies which are lost, damaged, or unaccounted for, due to Contractor’s negligence, and medical supplies unusable due to inadequate stock rotation. Contractor agrees to not maintain more than thirty (30) days of medical supplies in stock based upon historical use. Contractor shall maintain inventory records that identify all ALS First Responder Unit supplies issued from stock, and will keep stock under lock so that access is limited to only authorized personnel. Contractor shall adhere to inventory control procedures that the Authority may require, as long as they are reasonable and prudent. Contractor shall follow all federal, state and local laws and protocols in the distribution and handling of controlled substances. Contractor shall provide list of personnel authorized to receive controlled substances from the warehouse and any change to such list. SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall cooperate with the Authority in refining and improving the fully-integrated, electronic patient care reporting system. This system shall meet the information needs of the Contractor, the Medical Director, the Medical Control Board and the Authority. Contractor shall gather and enter data into the Authority’s electronic patient care reporting system for every Patient encountered and every EMS Incident responded to by the Contractor’s Field Personnel. Operating costs of this information system shall be the responsibility of the Authority. The Executive Director shall determine the start date and implementation timeline to ensure seamless implementation in the EMS System. The database of the Authority’s patient care reporting system shall be fully comprehensive, including complete and integrated information on all EMS System activities beginning with the receipt of an EMS Incident; dispatch activities and Response Times; every Patient assessment and all treatment rendered while Contractor’s Field Personnel are attending the Patient. Contractor shall require Field Personnel to comply with the completion of paper reports and the data entry requirements of the EMS System and insure the accuracy and completeness of such reports, as approved and periodically revised by the Authority. Authority agrees that the procedures used to implement and operate the electronic patient care reporting system shall be mutually agreed upon by the Parties. Contractor shall have unlimited access, regardless of storage location or medium, to electronic patient care reports generated by the Contractor’s EMS personnel and all dispatch- related data. Emergency Medical Services ALS First Responder Agreement Page 20 SECTION 412. UTILIZATION OF REGIONAL 9-1-1 CENTER. (a) Regional 9-1-1 Center. Contractor shall utilize the Regional 9-1-1 Center for the dispatch of all BLS and ALS First Responder Units to EMS Incidents. Contractor shall utilize the Regional 9-1-1 Center’s radio and data systems to include, but not limited to, computer aided dispatch (CAD) software, mobile communications terminal software, and the County’s public safety and intergovernmental voice and data radio system. Contractor shall provide and maintain all fire station alerting systems, base stations, pagers, fire station computers and peripherals, all mobile and portable radios except as provided in Section 503, and mobile communications terminals and radio modems to communicate with the Regional 9-1-1 Center’s radio and data system following the County’s technical specifications. Authority shall provide and maintain, at no cost to the Contractor, all necessary broadband networking from Fire Stations to the Regional 9-1-1 Center’s data system, and access to the County’s 800MHz High Performance Data (HPD) system following the County’s technical specifications. Authority shall provide a mutually agreed upon appropriate planning phase, cost analysis, changes in the County’s technical specifications, and implementation plan for any future upgrades or system changes. Contractor shall ensure all frontline ALS First Responder Units are equipped with GPS enabled mobile communications terminals running mobile CAD software. Contractor shall ensure GPS enabled mobile communications terminals are kept in working order and repaired in a timely manner to ensure efficient and accurate dispatch. (b) Requests for Emergency Medical Assistance. Should Contractor receive any request for emergency medical assistance, including walk-ins, Contractor shall record the address and telephone number of the caller, obtain the location and nature of the emergency, shall immediately respond to the request for emergency medical assistance, if appropriate, and shall immediately advise the 9-1-1 Center of the information received, and the Response initiated by Contractor, if any. Emergency Medical Services ALS First Responder Agreement Page 21 SECTION 413. COMMUNITY INVOLVEMENT. Contractor is encouraged to make available to their local community, health promotions and prevention education (i.e., CPR training, public access defibrillation programs, drowning prevention, health risk assessments). The programs may be developed by the individual contractor or in coordination with the Medical Director or the Authority. Contractor may elect to participate in the Authority’s public education/prevention/community outreach/community paramedic programs that are established, as set forth in the EMS Rules and Regulations and approved by the Medical Director. Public Educators/Community Paramedics may be utilized to teach CPR, first aid, drowning prevention, fall prevention or any other type of EMS specific public education, or prevention program or established community paramedic/outreach program. SECTION 414. LICENSURE AND CERTIFICATION. Contractor shall maintain the appropriate licensure with the Department as an ALS provider. Contractor or Contractor’s employees, as the case may be, shall be responsible for payment of any fees associated with EMS and Paramedic certification and recertification using funds provided under this Agreement. SECTION 415. ACCURATE INFORMATION. Any news releases, statements, or public information given by the Contractor’s or Authority’s personnel to the public or the media shall accurately reflect the design and operation of the EMS system. ARTICLE V DUTIES AND RESPONSIBILITIES OF AUTHORITY SECTION 501. MEDICAL DIRECTION AND CONTROL. The Authority shall be responsible for providing, or cause to be provided, Medical Direction and Medical Control to the Contractor. SECTION 502. CONTINUING MEDICAL EDUCATION. Authority shall provide and make available to Contractor a Continuing Medical Education training program at multiple, regionally- located training sites and not at a single, centralized training site. Authority shall endeavor to utilize distance learning methodologies and technology to deliver CME training whenever possible. Emergency Medical Services ALS First Responder Agreement Page 22 SECTION 503. MEDICAL COMMUNICATIONS EQUIPMENT. Authority has provided, or shall provide, as applicable, one (1) 800 MHZ Mobile Radio, and one (1) 800 MHZ Portable Radio for each Authority Funded Unit approved on Appendix A. The radio equipment shall be installed in the Authority Funded Units by the Contractor and become Contractor’s property. Contractor shall be responsible for such equipment, as provided for in Section 401(e) hereof. Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. Such equipment was replaced through the County’s “P25 Communications System Upgrade”. SECTION 504. MEDICAL SUPPLIES. The Authority shall provide and replace, as necessary, without cost to Contractor, the medical supplies used by Contractor in rendering Patient care under this Agreement. The Authority shall deliver, or cause to be delivered, all medical supplies, except controlled substances, every two weeks to Contractor’s designated medical supply receiving location. Contractor’s authorized representative shall sign for and pick up controlled substances at a central location designated by the Authority. The Authority shall not be responsible for costs of replacing inventory items lost, stolen, damaged or unaccounted for due to Contractor’s negligence but the Authority shall be responsible for the costs of replacing inventory items lost, stolen damaged or unaccounted for due to a cause other than Contractor’s negligence. Where applicable, Contractor shall relocate supplies nearing their expiration dates to ALS First Responder Units serving areas of higher demand within their EMS District. All medications and supplies shall be returned to the Authority not later than sixty (60) days after the respective expiration dates. If such medications and supplies are not returned to Authority within sixty (60) days after their respective expiration dates, or at the direction of the Medical Director, Contractor shall be charged for the replacement of such supplies. A fully comprehensive narcotic control system shall be provided by the Authority to include boxes, electronic locks, and web- based tracking software. SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the provision of Section 401(b) hereof, Authority shall separately provide and fund any modifications to ALS First Responder Units or equipment which may be required by the Authority and which do not constitute routine maintenance, repair or replacement. Emergency Medical Services ALS First Responder Agreement Page 23 SECTION 506. BILLING. The Authority shall have sole responsibility for submitting claims for transports made by either the Authority or by Contractor. SECTION 507. ECG EQUIPMENT AND MAINTENANCE. The Authority shall provide all electrocardiogram (ECG) monitoring/defibrillation equipment for Authority Funded and Contractor Funded Units including adequate spare equipment (up to 30% above the number of Units). Contractor agrees to continue using the Contractor’s current equipment on any Contractor Funded Units over its useful life which equipment will be maintained by the Authority and repaired or replaced at the Authority’s option. The Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. At the point that the equipment is replaced with new equipment, the Contractor will transfer ownership of the equipment being replaced to the Authority who will trade in the used equipment to reduce the cost of replacement. Contractor shall be responsible for any repairs that are necessary due to Contractor’s negligence. SECTION 508. BIOHAZARD WASTE COLLECTION. The Authority shall provide or cause to be provided, the collection and disposal of all biohazard waste from ALS First Responder Stations on a periodic basis, no less than monthly. Contractor shall follow any procedures necessary for biohazard waste to be collected. SECTION 509. PATIENT CARE REPORTING SYSTEM EQUIPMENT. Authority shall provide, as applicable, a ruggedized notebook or tablet computer for each Authority Funded and Contractor Funded Units including adequate spare equipment (up to 30% above the number of Units). The equipment shall be utilized on Authority Funded and Contractor Funded Units by the Contractor for the purpose of completing electronic patient care reports. Only Authority authorized software and peripherals may be utilized to ensure a highly reliable and coordinated system. Authority provided patient care reporting system equipment shall remain property of the Authority. Contractor shall be responsible for such equipment, as provided for in Section 401(g) hereof. Authority shall be responsible for maintaining such equipment and replacing it at the end of a reasonable useful life, as determined by the Authority. Contractor agrees to continue using the Contractor’s current equipment on any Contractor Funded Units over its useful life which equipment will be maintained by the Authority and repaired or replaced at the Authority’s option. Emergency Medical Services ALS First Responder Agreement Page 24 The Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. ARTICLE VI INSURANCE AND INDEMNIFICATION 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 Authority 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 Authority, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to Authority 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. (b) Provide commercial general liability, employers’ liability and commercial vehicle liability insurance that reflects the limits of liability for governmental entities in accordance with Section 768.28(5), F.S., should the State Legislature change these limits, coverage consistent with the revised limits shall be obtained. (c) Professional Liability Insurance, including errors and omissions, with minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form with “tail coverage” extending three (3) years beyond the ending date of this Agreement. In lieu of “tail coverage” the Contractor may submit annually to the Authority 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. Emergency Medical Services ALS First Responder Agreement Page 25 (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 Authority. Contractor shall also notify Authority 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 Authority or County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (c) The Authority 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 Authority or the County, to any such future coverage, or to County’s Self-Insured Retention of whatever nature. SECTION 603. LIABILITY. Contractor and Authority 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 Authority. Nothing herein shall be construed as consent by Contractor or Authority 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 Authority, its employees or agents, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by the Authority to provide services related to this Agreement (including but not limited to other Contractors, the Ambulance Emergency Medical Services ALS First Responder Agreement Page 26 Contractor, Medical Control Board and Medical Director). This Section 603 shall survive expiration or earlier termination of this Agreement. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. (a) FY 2017 – 2018. Authority and Contractor have agreed to an amount reflecting Contractor’s submitted budget for EMS services during Fiscal Year 2017 – 2018. The approved budget amounts for the Fiscal Year commencing October 1, 2017, shall be equal to that shown on Appendix A. (b) Budget Submissions for FY 2018 – 2019 through FY 2021 – 2022. Contractor shall submit a budget by April 1st each year for the following Fiscal Year for the Authority’s review and approval. Budgets shall be prepared in the same manner as the budget submitted for FY 2017- 2018, so long as said budgets are less than a three (3) percent increase from the prior Fiscal Year, and the Authority shall pay Annual Compensation to Contractor in accordance with said approved budgets. (c) Funding for Rescue Unit, Medic Unit and Staff Vehicle Replacement. Authority will provide funding for Authority funded rescue units, medic units and the proportionate share of EMS Coordinator staff vehicles. Fire engines and other fire apparatus are not subject to EMS vehicle replacement funding. Units will be replaced after at least five (5) years, but no more than seven (7) years, of frontline service. Contractor represents that its projected capital replacement needs are as shown in Appendix A. The Authority shall determine a standardized reimbursement amount for rescue units, medic units and staff vehicles each Fiscal Year based upon the then current market rate for such vehicles as stated in the EMS Authority’s annual budget and capped therein. The amounts for FY17-18 are rescue units ($200,000), medic units ($100,000), and staff vehicles ($50,000). (d) Payment. Payments shall be paid monthly in arrears in (approximately) equal monthly installments. (e) Station/Overhead Allowable Costs. Contractor shall be reimbursed for up to 1.0% of the Fiscal Year’s approved budget in accordance with Resolution 14-65 for station and overhead costs. Such payment shall be made by the Authority to the Contractor after receipt of the audit attestation shown in Appendix D. Emergency Medical Services ALS First Responder Agreement Page 27 (f) Extraordinary Budget Increase. If any proposed budget submitted by Contractor to the Authority for the following Fiscal Year should exceed three (3) percent of the prior Fiscal Year’s budget, Authority and Contractor agree to reopen this Section 701 to negotiate no later than May 1st of the then current Fiscal Year the Annual Compensation for the following Fiscal Year. For any Fiscal Year in which Section 701 is reopened to negotiate the Annual Compensation for the following Fiscal Year, if Authority and Contractor cannot reach agreement on the Annual Compensation by June 30th, this Agreement shall terminate on the last day of the then current Fiscal Year. SECTION 702. CME AND PUBLIC EDUCATION REIMBURSEMENT. (a) Learning Management System. The Authority shall reimburse annually, in the first payment in each Fiscal Year, the Contractor's cost for the use of the Learning Management System for its students. Such reimbursement shall be fifty percent (50%) of the costs of use of the Learning Management System up to $50 per student per Fiscal Year (does not include payment for student training time). The reimbursement amount shall not exceed $125,000.00 in any fiscal year. (b) Reimbursement for CME Instructors. The Authority shall reimburse each Contractor for the actual cost of salary and benefits up to $60.00 per hour for overtime or backfill costs for the Contractor's CME Instructor hours that are actually performed and preapproved in writing, through the published master EMS training calendar by the Authority. Contractor may establish a rate of pay for CME Instructor which shall be subject to the $60.00 per hour cap. The Authority shall not reimburse Contractor for the personnel costs for students to attend Courses or CME Instructor hours that are not preapproved in writing. Contractor shall submit invoices to Authority utilizing Appendix E within twenty (20) days following the last day of each month. Contractor shall be reimbursed monthly in arrears. For each year during the term of this Agreement, the total compensation amounts shall be established through the Authority's budget process, but in no event, shall the cumulative compensation to all Contractors for all payments under this provision, and payment for the analogous training provisions of the Ambulance Services Agreement, as amended, for any Fiscal Year exceed the amount budgeted by the Authority. The reimbursement amount shall not exceed $750,000.00 in any fiscal year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the Authority for any compensation that exceeds the total compensation Emergency Medical Services ALS First Responder Agreement Page 28 authorized through the Authority approved budget for CME training. It is further agreed and understood among the Parties that the Authority may not compel the Contractors to incur expenses beyond the Authority's approved budget amount until such time as a budget amendment raising such budget is approved. (c) Reimbursement for Public Education/Prevention/Community Paramedic Programs. The Authority shall reimburse each Contractor for the actual cost of salary and benefits up to $60.00 per hour for overtime or backfill costs for the Contractor's Public Educator/Community Paramedic hours that are actually performed and preapproved in writing, through the published master EMS public education/prevention/community paramedic calendar, by the Authority. Contractor may establish a rate of pay for Public Educator/Community Paramedic which shall be subject to the $60.00 per hour cap. The Authority shall not reimburse Contractor for the personnel costs for Public Educator/Community Paramedic hours that are not preapproved in writing. Contractor shall submit invoices to Authority utilizing Appendix E within twenty (20) days following the last day of each month. Contractor shall be reimbursed monthly in arrears. For each year during the term of this Agreement, the total compensation amounts shall be established through the Authority's budget process, but in no event, shall the cumulative compensation to all Contractors for all payments under this provision, and payment for the analogous training provisions of the Ambulance Services Agreement, as amended, for any Fiscal Year exceed the amount budgeted by the Authority. The reimbursement amount shall not exceed $100,000.00 in any fiscal year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the Authority for any compensation that exceeds the total compensation authorized through the Authority approved budget for Public Education/Community Paramedic programs. It is further agreed and understood among the Parties that the Authority may not compel the Contractors to incur expenses beyond the Authority's approved budget amount until such time as a budget amendment raising such budget is approved. SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER UNIT. In the event Contractor fails to provide an ALS First Responder Unit, or substitutes a BLS First Responder Unit instead of an ALS First Responder Unit, for an extended period (as described below) of time and without the advance approval of the Authority, the Authority may deduct an Emergency Medical Services ALS First Responder Agreement Page 29 amount equal to the Contractor’s Unit Hour Compensation multiplied by each hour or portion thereof for each day or portion thereof that the Contractor has failed to provide an ALS First Responder Unit. Such deduction shall be made from the following monthly Annual Compensation payment. For purposes of this Agreement, an extended period of time means, with respect to mechanical problems and personnel, more than four (4) consecutive hours in any given day, and with respect to training, more than ten (10) hours in any given day; provided however that Section 703 shall not be applicable when the Executive Director has waived the provisions of Section 703, or when Contractor has failed to provide an ALS First Responder Unit or substitutes a BLS First Responder Unit during periods of Uncontrollable Circumstances. SECTION 704. DEDUCTION FOR FAULTY DOCUMENTATION. (a) Faulty Documentation. In the event that the Contractor transports a Patient, in compliance with the then current Medical Operations Manual transport protocols, Contractor shall provide a billable Patient Care Report to the Authority within four (4) business days from the date of service. The report shall include, at a minimum, the medical reason for Transport, the Patient’s condition, the Patient’s demographic information, the Transport mileage, and all medical care rendered. Contractor’s Field Personnel shall obtain the Patient’s signature and any other signatures necessary to process a bill. SECTION 705. ADJUSTMENT FOR EXTRAORDINARY COST INCREASES. Contractor may apply for and receive prospective compensation adjustments to the Annual Compensation as necessary to offset documented increases in Contractor’s cost of production directly resulting from increases in the prices paid by Contractor for fuel due to Unforeseen Circumstances and subject to the following stipulations: (a) Contractor must document, using generally accepted accounting procedures, the actual financial impact of the increased fuel prices upon Contractor’s costs of production. (b) Only the effects of increased direct fuel prices-excluding any effects of increased fuel consumption, overhead allocations and indirect costs-shall be considered. Emergency Medical Services ALS First Responder Agreement Page 30 SECTION 706. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE. Contractor recognizes that monies received hereunder are derived from the EMS Mill and that the EMS Mill, pursuant to referendum, has been dedicated solely to the provision of Emergency Medical Services. Contractor, therefore, agrees that funding provided under this Agreement will be used strictly for the provision of the services described herein. Contractor shall have an Annual External Audit conducted by a Certified Public Accounting firm to verify the Authority funded EMS income, Authority funded EMS expenditures, and Authority funded EMS reserves. The Annual External Audit shall include the “EMS Financial Information Attestation Form” prepared by the Contractor and signed by the Contractor’s auditor. The required “EMS Financial Information Attestation Form” is attached as Appendix D. Contractor shall provide to Authority the audited financial statement that includes the “EMS Financial Information Attestation Form” within ten (10) business days of Contractor’s receipt of the Annual External Audit. The cost of the Annual External Audit will be expended from Contractor’s EMS funds. SECTION 707. FUTURE/ADDITIONAL SERVICES. Contractor and Authority understand that, in the future, health care delivery and Emergency Medical Services may evolve to include pathway management, an expanded scope of practice, primary care services or other activities where EMS resources provided under this Agreement may be used. Contractor and Authority shall discuss the manner in which such additional services shall be effected, evaluate the relationship of such services; and determine the impact of such services on the EMS system. Contractor’s obligations shall be limited to those specifically set forth in this Agreement. Contractor shall not be responsible for providing any additional services unless Contractor agrees in writing to provide such additional services. SECTION 708. ADDITIONAL UNITS. (a) Authority Funded. During the term of the Agreement, the Authority may determine that additional Authority Funded Unit(s) are needed. Additionally, Contractor may request that consideration be given for approval of an additional Authority Funded Unit. If the Authority determines that additional Authority Funded Unit(s) are needed from Contractor, then Authority and Contractor shall negotiate a mutually agreeable compensation for such additional Authority Funded Unit(s). In those instances where the Contractor requests Authority to approve additional Emergency Medical Services ALS First Responder Agreement Page 31 Authority Funded Unit(s), the Authority shall meet with the Contractor to determine the need for the requested Authority Funded Unit(s). If approved, the Authority will negotiate a mutually- agreeable compensation for such additional Authority Funded Unit, Units or Unit Hours. Compensation for such additional Authority Funded Unit(s), or Unit Hours, shall begin upon approval by the Authority. (b) Contractor-Funded. Contractor and Authority understand that the EMS System is a unified, integrated system requiring the cooperation of all providers in the EMS System. To insure coordinated implementation of any improvements to the EMS System and to insure the integrity of the EMS System, if Contractor desires to operate additional ALS First Responder Unit(s) as a Contractor Funded Unit, Contractor will obtain approval from the Authority in writing prior to operating the Contractor Funded Unit. Contractor may elect to cease operation of a Contractor Funded Unit at its sole discretion. Contractor is responsible for all costs associated with staffing and operating such Contractor Funded Units. The Authority shall provide Medical Control and medical equipment and supplies for authorized Contractor Funded Units. SECTION 709. AUDITS AND INSPECTIONS. At any time during normal business hours, and as often as may reasonably be deemed necessary, representatives of the Authority or Medical Director may observe Contractor’s operations. Contractor shall make available to Authority for its examination, its records with respect to all matters covered by this Agreement, and Authority may audit, examine, copy, and make excerpts or transcripts from such records, and may make audits of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement to the extent permitted by law. Contractor shall make available to the Medical Director its records with respect to all clinical matters covered by this Agreement and the Medical Director may audit, examine, copy and make excerpts or transcripts from such records and inspections to the extent permitted by law. The Authority’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 the 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. Emergency Medical Services ALS First Responder Agreement Page 32 All representatives of the Authority, Medical Control Board and Medical Director who observe Contractor’s operations or audit or examine Contractor’s records shall conduct themselves in a polite manner; complete any training required by law; and not interfere with Contractor’s employees’ duties. Audits and inspections shall be done to the extent permitted by law. SECTION 710. FISCAL NON-FUNDING. In the event sufficient budgeted funds are not available for a new Fiscal Year, the Authority shall timely notify Contractor of such occurrence prior to the end of the current Fiscal Year and this Agreement shall terminate on the last day of current Fiscal Year. ARTICLE VIII TERM AND TERMINATION SECTION 801. TERM. The initial term of this Agreement shall be for two (2) years, commencing October 1, 2017 and ending at midnight September 30, 2019, unless this Agreement is earlier terminated as provided for herein in this Agreement. This Agreement may be extended for three (3) additional one (1) year periods following the initial term, provided that the Parties mutually agree in writing to such extension which is subject to Authority and Contractor approval prior to July 1st of each extension year. References in this Agreement to “Term” shall include the initial term of this Agreement and all extensions thereof. SECTION 802. TERMINATION. (a) By Authority for Cause. This Agreement may be terminated by the Authority for cause upon twenty (20) days written notice to Contractor. For purposes of this section 802(a), “cause” shall mean (1) the event that Contractor, for any reason, fails to meet the licensing requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes, or (2) a material breach by Contractor of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, the Authority shall provide written notice of such breach and Contractor shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice or within such additional period of time mutually agreed upon by the Parties. Emergency Medical Services ALS First Responder Agreement Page 33 (b) By Contractor for Cause. This Agreement may be terminated by Contractor for cause upon twenty (20) days written notice to the Authority. For purposes of this section 802(b), “cause” shall mean a material breach by the Authority of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, Contractor shall provide written notice of such breach and the Authority shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice, or, within such additional period of time mutually agreed upon by the Parties. (c) By Authority or Contractor without Cause. This Agreement may be terminated without cause by Contractor or the Authority upon six (6) months written notice to the other Party. (d) Provision of Emergency Medical Services upon Termination. In the event of termination of this Agreement by either Contractor or the Authority, Contractor shall continue to participate in the EMS System and Emergency Medical Services shall be provided in Contractor’s EMS District in accordance with the Special Act and EMS Ordinance, and the Authority shall compensate Contractor in accordance with the Special Act. SECTION 803. RESOLUTION OF DISPUTES. To the extent that Contractor and Authority cannot, after good faith attempts, resolve any controversy or dispute that may have arisen under this Agreement, except for any dispute concerning the Annual Compensation or §701, Contractor and Authority shall appoint an ad-hoc committee consisting of one mutually agreed upon representative from the Medical Control Board, the EMS Advisory Council, and the Pinellas County Fire Chiefs Association to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often as necessary under the circumstances in an attempt to resolve the controversy or dispute. The committee shall review each Party’s submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall complete its review within sixty (60) days of the date that the Committee is notified of the controversy or dispute (unless the Parties mutually agree to extend this period of time) and submit any recommendation to the Pinellas County Administrator and Contractor. All recommendations and other actions of the committee shall be non-binding. After the committee has submitted its recommendation to the Pinellas County Administrator and Contractor, either Party may thereafter refer the matter to non-binding mediation in the State of Florida. If the Parties do not agree upon Emergency Medical Services ALS First Responder Agreement Page 34 representatives for the committee, if either Party chooses not to engage in mediation or if the Parties engage in mediation but mediation fails to resolve the dispute, either Party may pursue its legal remedies, including the Chapter 164 process, and, including, but not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the appropriate court possessing competent jurisdiction. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The 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. SECTION 902. NOTICES. All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to Authority: Executive Director, Pinellas County EMS Authority Pinellas County Emergency Medical Services 12490 Ulmerton Road – Suite 134 Largo, Florida 33774 If to Contractor: See Appendix B SECTION 903. ENTIRE AND COMPLETE AGREEMENT. Subject to Section 912, this Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement. Emergency Medical Services ALS First Responder Agreement Page 35 SECTION 904. OTHER DOCUMENTS. Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement. SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity, interpretation, construction and performance of this Agreement. SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed necessary. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. SECTION 907. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. SECTION 908. 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 Authority or Pinellas County. SECTION 909. NO THIRD-PARTY BENEFICIARIES; ASSIGNMENT. This Agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the 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 Authority. Emergency Medical Services ALS First Responder Agreement Page 36 SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of reference and do not constitute a part of this Agreement. SECTION 911. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. SECTION 912. NO WAIVER OF RIGHTS UNDER SPECIAL ACT. This Agreement, and specifically its provisions related to the Annual Compensation, is being entered into to resolve a dispute between the parties regarding the determination of the Annual Compensation to be paid to Contractor by the Authority. Authority and Contractor have worked together in good faith to reduce spending under the EMS Mill based upon the extraordinary economic times facing local governments at present. Notwithstanding anything to the contrary contained in this Agreement, it is the intent of Contractor and Authority that any actions or determinations taken in order to reach agreement herein not be seen as a waiver of any rights, claims or defenses that either the Contractor, or the Authority may have under the Special Act. Furthermore, Contractor does not necessarily agree that the Annual Compensation provided under this Agreement constitutes reasonable and customary cost reimbursement by the Authority as required by the Special Act, and, by entering into this Agreement does not waive any rights, claims or defenses that Contractor may have with regard to the determination of reasonable and customary costs in any year not governed by this Agreement. Therefore, the Annual Compensation paid to the Contractor pursuant to this Agreement shall not be used as evidence in any dispute regarding the reasonable and customary costs to be reimbursed by the Authority to the Contractor. [Signature Page to Follow] Emergency Medical Services ALS First Responder Agreement Page 37 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2017. ATTEST: PINELLAS COUNTY EMERGENCY KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY By and through its Board of County Commissioners by: by: Deputy Clerk Chairman Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Emergency Medical Services ALS First Responder Agreement Page 38 Appendix A ALS First Responder Profile Contractor Clearwater EMS District(s) Clearwater EMS District Authority Funded Units Engine 44 Engine 45 Medic 45 Medic 145 (Peak Unit) Rescue 46 Medic 47 Engine 48 Rescue 48 Engine 49 – Partial Funding Rescue 49 Engine 50 Engine 51 Contractor Funded Units Engine 48 EMS Coordination EMS Coordinator – 1 FTE EMS Administrative Coordinator – 1 FTE Rescue Lt. (LR45) – 1 Position 24/7 EMS Administrative Support – 1 FTE Annual Compensation FY17-18 = $ 6,602,955 + $249,558 for 50% Partial Funding for Medic 145 in lieu of Engine 49 less FY15-16 EMS Audit Adjustment of $539,325 (funds owed to the EMS Authority). Total = $6,313,188 FY18-19 and future years = Per submitted budget including 100% Funding for Medic 145 in lieu of Engine 49 Projected Capital FY17-18 Staff Vehicle - 1 FY18-19 Rescue Unit - 1 FY19-20 Rescue Unit - 1 FY20-21 Rescue Unit - 1 FY21-22 Rescue Unit - 1 Emergency Medical Services ALS First Responder Agreement Page 39 Appendix B ALS First Responder Contractors CITY OF CLEARWATER CITY OF PINELLAS PARK 112 S. Osceola Avenue P O Box 1100 Clearwater, FL 33756 Pinellas Park, FL 33780-1100 ATTN: City Manager ATTN: City Manager CITY OF DUNEDIN PINELLAS SUNCOAST P O Box 1348 FIRE & RESCUE DISTRICT Dunedin, FL 34697 304 First Street ATTN: City Manager Indian Rocks Beach, FL 33785 ATTN: Chairman, Board of Commissioners EAST LAKE TARPON SPECIAL FIRE CONTROL DISTRICT CITY OF SAFETY HARBOR 3375 Tarpon Lake Boulevard 750 Main Street Palm Harbor, FL 34685 Safety Harbor, FL 34695-3597 ATTN: Chairman, Board of Commissioners ATTN: City Manager CITY OF GULFPORT CITY OF ST. PETE BEACH 2401 53rd Street South 155 Corey Avenue Gulfport, FL 33707 St. Pete Beach, FL 33706-1701 ATTN: City Manager ATTN: City Manager CITY OF LARGO CITY OF SEMINOLE P O Box 296 9199 113th Street North Largo, FL 33779-0296 Seminole, FL 33772-2806 ATTN: City Manager ATTN: City Manager LEALMAN CITY OF SOUTH PASADENA SPECIAL FIRE CONTROL DISTRICT 7047 Sunset Drive South 4360 55th Avenue North South Pasadena, FL 33707-2895 St. Petersburg, FL 33714 ATTN: City Clerk ATTN: Chairman, Board of Commissioners CITY OF TARPON SPRINGS CITY OF MADEIRA BEACH 324 Pine Street East 300 Municipal Drive Tarpon Springs, FL 34689 Madeira Beach, FL 33708 ATTN: City Manager ATTN: City Manager CITY OF TREASURE ISLAND CITY OF OLDSMAR 120 108th Avenue 100 State Street West Treasure Island, FL 33706-4794 Oldsmar, FL 34677-3655 ATTN: City Manager ATTN: City Manager PALM HARBOR SPECIAL FIRE CONTROL DISTRICT 250 W. Lake Road Palm Harbor, FL 34684 ATTN: Chairman, Board of Commissioners Emergency Medical Services ALS First Responder Agreement Page 40 Appendix C EMS Equipment Provided by the Authority: - All Medical Supplies and Equipment authorized by the Authority, except for equipment to be provided by Contractor listed below. - Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic defibrillation, Q-CPR meter, pulse oximetry, waveform capnography, pacing, 12 lead acquisition and transmission, and non-invasive blood pressure monitoring as determined by the Medical Control Board and Authority for all Authority Funded ALS First Responder Units to include all patient cables, accessories, cases, battery chargers and batteries as needed. - Phillips MRx ECG Monitor/Defibrillators in the same configuration above shall be utilized for reserve and spare equipment. The specific quantity shall be determined by the Authority. Provided By Contractor: - Rescue equipment required by the Department Emergency Medical Services ALS First Responder Agreement Page 41 Appendix D EMS FINANCIAL INFORMATION ATTESTATION FORM Instructions: In accordance with the ALS First Responder Agreement, funds provided by the EMS Authority must be used solely for EMS Allowable Costs. Any unspent balance at the conclusion of a fiscal year must be accounted for and returned to the EMS Authority. The following form is provided for consistent cost reporting and shall be submitted within ten (10) business days of Contractor’s receipt of Annual External Audit. To be Completed by Contractor: City or Fire District (Contractor) ____________________________________________ Fiscal Year ____________________________________________ Name of Person Completing Form ____________________________________________ Phone Number and Email Address ____________________________________________ 1. EMS Funding Received by Contractor $________________ 2. EMS Allowable Costs Incurred by Contractor $________________ 3. Difference (If excess, amount due to Pinellas County) $________________ PLEASE INCLUDE A COPY OF ANNUAL AUDIT AND SUPPORTING DOCUMENTATION AS NEEDED. I certify the costs identified, in line 2 above, are related to EMS Authorized positions and units and comply with the EMS Allowable Cost Standards contained in Pinellas County EMS Resolution 09-38. I certify that I have reviewed payroll registers, salary and benefit actual expenditures, actual relief staffing costs incurred to maintain continuous staffing of Authority authorized positions, and actual costs of supervision, fuel, maintenance and repairs and other allowable costs. ________________________________________ Signature and Date, Contractor’s External Auditor Agency CME Instructor Name TOTAL Reimbursement Amount: Print Name & Title Submitted By - Authorized Signature Date Notes: (a) One Instructor per form (b) Course Name (i.e. January CME, Public Education Class, EMS System Orientation, PHTLS, ACLS, TCCC, etc.) (c) For reimbursement the class must be preauthorized by PCEMS through the issuance of an Authorized Class Code. (d) First Name, Last Name of person covering - must be same rank or below. (e) Actual Hours Worked - Up to 60 minutes for preparation/setup, breakdown, paperwork and travel for each Class. 07-11-17 C.Hare INSTRUCTOR REIMBURSEMENT FORM Appendix E Instructor Reimbursement Form Course Name (a) Date Start Time Stop Time Location PCEMS Authorized Class Code (b) Straight Time (ST) Overtime (OT) Backfill (BF) Backfill Name (c) Hours Worked (d) Hourly Rate w/ benefits Total Cost 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - 13 $ - 14 $ - 15 $ - $ - Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3790 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2017-2018 in the amount of $97,890 to underwrite activities in the Clearwater Main Library that support community learning in the areas of Science, Technology, Engineering and Math, Entrepreneurship and small business growth and development pursuant to the recommendations of the Urban Land Institute report on economic enhancement of the downtown Clearwater area and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Main Library is a partner in the Clearwater Business SPARK ecosystem of organizations working to support the development of entrepreneurship and small businesses throughout Clearwater. This partnership was prompted by the ULI report recommending public/private partnerships to encourage business growth in this area. The Main Library has a prominent position in the CRA area, and will provide education and training in the Business and STEM areas through research opportunities, STEM maker space areas, classes and tutorials and meeting accommodation. The CRA funding will pay one staff member to oversee these functions, assist with additional library hours to make the facility available when needed by the business community and provide educational and training opportunities. APPROPRIATION CODE AND AMOUNT: Funding will be from 388-94887 Library Activation budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 1 Program Specialist Full Time Salaries & Wages 43,500 Life Ins $2500 Empl & Pens 10 1% Life Insurance-Employee - Samp Life Insurance 180 Major Medical Insurance 9,600 Social Security 600 Emp Pension Plan 6,000 Total 59,890 Staff support, Additional hours, evenings, mornings, internship Business/STEM training including database Equipment & Supplies 59,890.00 Downtown Enhancement Fact Sheet Library - CRA Funded Program For FY 2016/17 [Type text] INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2017 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.387(6), Florida Statutes, allows for use of moneys in the redevelopment trust fund which may be expended from time to time for undertakings of a community redevelopment agency as described in the Community Redevelopment Plan; and WHEREAS, the CRA has adopted a Community Redevelopment Plan that establishes certain Goals and Objectives to guide the revitalization of the Downtown area; and WHEREAS, supporting community learning, entrepreneurship and growing small businesses are important activities which help meet certain Objectives established in the Community Redevelopment Plan including Objective 3B which states that, “The…Main Library will serve as a cultural attraction and an anchor for the northern section of the Downtown Core,” and Objective 1E, which states that, “A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents;” and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF)may be used for certain redevelopment activities; and WHEREAS, the City has adopted an Economic Development Strategic Plan which outlines the steps for achieving economic development success and establishes as “Goal Four: Business Development” that the city should “support an entrepreneurship and innovation ecosystem and collaborate with regional partners to market Clearwater to target industries;” and WHEREAS, on May 4, 2015, and May 7, 2015, the CRA and the City, respectively, together with the Clearwater Regional Chamber of Commerce, Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE), Florida Small Business Development Center (FSBDC) of Pinellas County Economic Development entered into a Memorandum of Understanding to support Interlocal Agreement between CRA/Library FY 17/18 2 collaborative and coordinated approaches to serve pre-venture, startup and small business enterprises in the City of Clearwater and the greater Clearwater area and that City of Clearwater – Economic Development & Housing Department and City of Clearwater Library System would together participate in these efforts; and WHEREAS, the Urban Land Institute Advisory Services Panel Reportissued September 2014 recommended that the library “identify uses that can colocate with the library to boost its use and help activate the area around it” such as “a community meeting room and center;” and WHEREAS, the CRA and the CITY want to enter into an Interlocal Agreement during the Fiscal Year 2017/2018, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1.Term. The term of this Interlocal Agreement will be October 1, 2017 through September 30, 2018. Section 2.Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following services in support of the economic enhancement of the downtown area: A.Maintain and enhance two (2) maker spaces at the Clearwater Main Library, located at 100 N. Osceola Avenue, providing technology and equipment such as but not limited to 3D printers, video and audio recording equipment, robotics and iMac computer hardware, as well as specialized software to assist in the production of technology innovation and business growth and development. B.Provide training on the proper use of the equipment and technology listed above, as well as on small business startup, entrepreneurship, job seeking, technology development, digitization and effective use of the world wide web for communication and business marketing, and encouraging science, technology, engineering, and math (STEM)education and skills for all age groups to help create tomorrow’s workforce. C.Foster a sense of community for the downtown area by providing space for meetings, both formal and informal, that is receptive to the sharing of technology and ideas, supports gatherings where participants can share common interests and grow skills and Interlocal Agreement between CRA/Library FY 17/18 3 knowledge by working together and creates partnerships to effectively facilitate mutual growth and support innovation and entrepreneurship. Section 3.Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed $97,890for the contract year, said funds to be utilized by the Clearwater Main Library (Main Library) to provide staffing, equipment, education and training for the greater Clearwater community on adult and youth STEM activities within the Studios at Main, a maker space area, and pre-venture, startup and small business programs and services as described in Section 2. Intent, paragraphs B and C, to be allocated in the following manner: A.$59,890 to pay for a Library Program Specialist, Exhibit A attached hereto and incorporated by reference, contains detailed specifications. B.$16,000 for the estimated cost for the contract year for staff support and coverage of additional hours to make the library available to the business community outside of normal operating hours. C.$22,000 for the estimated cost for the contract year for education and training programs, equipment and supplies. Section 4.Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carriedout by the Main Library. These services are: A.Maintenance and enhancement of two (2) maker studios within the Clearwater Main Library providing technology and training to the public and working in cooperation with the Clearwater Business SPARK Partners to support economic development in the downtown area. B.Provide staffing for the programs of the maker studios to provide programs and training to support innovation and entrepreneurship in the downtown area. Continue developing partnerships to effectively utilize the library space. Section 5.Notice.Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Interlocal Agreement between CRA/Library FY 17/18 4 Clearwater Community Redevelopment Agency Attn: Seth Taylor, Director 112 South Osceola AvenueClearwater, Florida 33756Telephone: (727) 562-4058 City of Clearwater Attn: William B. Horne II, City Manager112 South Osceola AvenueClearwater, Florida 33756Telephone: (727) 562-4046 Section 6.Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7.Indemnification.The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8.Filing Effective Date.As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. Interlocal Agreement between CRA/Library FY 17/18 5 IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________Pamela K. Akin Rosemarie CallCity Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________George N. Cretekos William B. Horne IIMayorCity Manager Approved as to form: Attest: ___________________________________________________________Matthew Smith Rosemarie CallAssistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3765 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Approve a Purchase Order (contract) with John Mader Enterprises, Inc. of North Fort Myers, FL, in the annual amount of $300,000.00 with the option for two, one-year term extensions for services to repair, replace or supply utility plant equipment intended for normal operating activities, and authorize the appropriate officials to execute same. (consent) SUMMARY: John Mader Enterprises, Inc. provides services to repair, replace or supply equipment for the Public Utilities plants to include pumps, compressors, blowers, motors and gear boxes. John Mader Enterprises, Inc. is currently under contract with Lee County Southwest Florida, #B-160144KC. The contract is in its second year and will expire June 06, 2020. The City of Clearwater is eligible to piggyback on this contract per section 14 of the Formal Bid No. B-160144 and in accordance with City Code 2.564 (1)(d), other government entities’ contracts. Public Utilities Department is responsible for facilities throughout the city, including water reclamation facilities, water plants, lift stations, wells, and reclaim booster pump stations. Timely maintenance of the equipment in these facilities is required by Florida Department of Environmental Protection permits to maintain compliance to prevent the release of wastewater into the environment and maintain quality drinking water. APPROPRIATION CODE AND AMOUNT: 0421-01347-550400-535-000-0000 $ 75,000.00 FY2016/2017 0421-01347-550400-535-000-0000 $ 225,000.00 FY2017/2018 Sufficient funding are available in the Water & Sewer Utility Fund operating cost center 0421-01347, Maintenance Operations, in the amount of $75,000.00 for FY2016/2017. The funding for the remaining will be included in the Maintenance operating budget in FY2017/2018 from the Director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 533-2111 Internet address http://www.lee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER April 11, 2017 Mr. Jeremy Mader Mader Electric Motors 18161 N. Tamiami Trail N. Ft. Myers, FL 33903 SUBJECT: Renewal of Annual Contract No. B-160144KC Services to Repair, Replace, or Supply Utility Plant Equipment Dear Mr Mader: This is to inform you that Lee County agrees to renew the above subject contract for an additional one year period, from 6/7/17 through 6/6/18. We are hereby renewing the annual contract for an additional one year period under the same terms and conditions as the original award. If you have any questions regarding this letter, please contact me at (239) 533-8881. Sincerely, DIVISION OF PROCUREMENT MANAGEMENT Michael Nevarez Michael Nevarez Contracts Analyst C: Project File BOARD OF COUNTY COMMISSIONERS John E. Manning District One Cecil L Pendergrass District Two Larry Kiker District Three Brian Hamman District Four Frank Mann District Five Roger Desjarlais County Manager Richard Wm. Wesch County Attorney Donna Marie Collins Hearing Examiner 18161 N. TAMIAMI TRAIL NORTH FT.MYERS, FL 33903 Current Principal Place of Business: Current Mailing Address: 18161 N. TAMIAMI TRAIL NORTH FT.MYERS, FL 33903 Entity Name: JOHN MADER ENTERPRISES, INC. DOCUMENT# M79408 FEI Number: 65-0048538 Certificate of Status Desired: Name and Address of Current Registered Agent: MADER, JEREMY D 18161 N. TAMIAMI TRAIL N. FT. MYERS, FL 33903 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date JEREMY MADER FILED Jan 04, 2017 Secretary of State CC8424490954 JEREMY MADER PRESIDENT 01/04/2017 2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT Yes 01/04/2017 Title PRESIDENT Name MADER, JEREMY D Address 18161 N. TAMIAMI TRAIL City-State-Zip:N. FT. MYERS FL 33903 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3766 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Approve a Purchase Order (contract) with United Rentals of Tampa, FL, in the annual amount of $150,000.00 with the option for two, one-year term extensions for rental equipment intended for normal operating activities and authorize the appropriate officials to execute same. (consent) SUMMARY: United Rentals (North America) Inc. provides equipment rentals under contract with National Joint Powers Alliance (NJPA). Rental equipment acquired through United Rentals is in compliance with the NJPA Contract #091615, which expires October 20, 2019. The City of Clearwater is a member of NJPA and is eligible to piggyback on this contract in accordance with City Code 2.564 (1)(d), other government entities’ contracts. Public Utilities undertakes maintenance activities and responds to emergency conditions that periodically require bypass pumping of flows so repairs can be made. In addition, temporary generators, pumps and other maintenance equipments larger than the units owned by the Utility or in numbers greater than owned by the Utility are required. Timely maintenance of the facilities is required to properly maintain the equipment, meet FDEP Permit conditions and to prevent the release of wastewater into the environment. In addition to the annual purchase order authorization, an increase in the amount of $40,000.00 to BR511916 is requested in order for United Rentals to continue to provide temporary generators, pumps and other maintenance equipment through October 30, 2017. APPROPRIATION CODE AND AMOUNT: 0421-01351-544100-535-000-0000 $ 40,000.00 2016/2017 0421-01351-544100-535-000-0000 $ 150,000.00 FY2017/2018 Sufficient funding are available in the Water & Sewer Utility Fund operating cost center 0421-01351, Wastewater Operations, in the amount of $40,000.00 for the period 2016/2017. The funding for the $150,000.00 will be included in the Wastewater operating budget in FY2017/2018 from the Director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3766 Page 2 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3773 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Approve an increase in funding level of Purchase Order BR512116 with United Rentals of Tampa, FL, in the amount of $400,000, increasing the total to $2,500,000 for the rental of equipment and related services utilized for bypass pumping of influent flow at the Marshall Street WRF and authorize the appropriate officials to execute same. (consent) SUMMARY: United Rentals (North America) Inc. provides equipment rentals under contract with National Joint Powers Alliance (NJPA). Rental equipment acquired through United Rentals is in compliance with the NJPA Contract #091615, which expires October 20, 2019. The City of Clearwater is a member of NJPA and is eligible to piggyback on this contract in accordance with City Code 2.564 (1)(d), other government entities’ contracts. During Hurricane Hermine the Marshall Street WRF influent pump station experienced a mechanical pump failure that resulted in the flooding of the dry pit side of the station, destroying the electrical and mechanical systems and rendering the pump station unusable. Emergency pumping systems were installed to allow bypass pump influent flow to the treatment units at the plant until repairs to the station could be designed and constructed. In January of 2017, it was estimated that this design and construction work would require six months to one year to complete. Funding was put in place with BPO BR512116 at that time to fund the first ten months cost of the rental equipment. On January 19, 2017, Council approved BPO #BR512116 in the amount of $2,100,000.00 under agenda item ID#16-3112. The repair work is currently being constructed and is scheduled to be completed by the end of December 2017, which is twelve months after the issuance of the initial BPO. Therefore, two additional months of operation of the United Rentals’ pumps, piping and appurtenant equipment and services is required. The average cost for these rentals and services are estimated at approximately $200,000 a month. Therefore, this BPO must be increased by $400,000 to pay for that additional rental period. APPROPRIATION CODE AND AMOUNT: 0315-96664-565500-535-000-0000 $400,000.00 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3773 Page 2 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3843 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.19 SUBJECT/RECOMMENDATION: Approve a Purchase Order (Contract) with Rexel of Pinellas Park, FL, in the amount of $184,400.10 for Programmable Logic Controller (PLC) Upgrades at the Northeast Water Reclamation Facility and authorize the appropriate officials to execute same. (consent) SUMMARY: The Northeast Water Reclamation Facility (WRF) currently utilizes programmable logic controllers (PLCs) that are obsolete. These devices assist operational staff to monitor and control critical treatment systems throughout the plant. In order to be efficiently operational, Public Utilities is purchasing a Programmable Logic Controller (PLC) manufactured by Allen Bradley/ Rockwell Automation. This was recommended by McKim & Creed, Inc. the City’s Engineers-of-record (EOR), project #16-0022-UT. Allen Bradley/Rockwell Automation is the city standard PLC installed within all Public Utilities facilities. The majority of Public Utility’s process control facilities utilize Allen Bradley/ Rockwell Automation PLC’s. The City is upgrading the existing PLC’s at the last wastewater plant, which are obsolete and no longer supported by the manufacturer. Keeping with the SCADA master plan put together by Tetra Tech, an EOR, it was recommended as a phase II upgrading to the newest Allen Bradley/ Rockwell Automation PLC’s. Two of the three wastewater plants have already been completed. By continuing to standardize with Allen Bradley products to operate the plants, the Department becomes more cost effective, minimizes spare parts inventory and enhances communication abilities as facilities upgrade in the future Rexel is the only distributor authorized by Rockwell Automation to sell Allen-Bradley and Rockwell Software products and related services. Using Allen-Bradley products ensures the use of compatible parts in the equipment currently in place as well as maintaining the manufacturer warranty. The Allen-Bradley equipment installed at all Public Utilities facilities are hardwired and cannot be interchanged APPROPRIATION CODE AND AMOUNT: 0315-96219-564000-535-000-0000 $ 106,596.45 0315-96739-564000-533-000-0000 $ 77,803.65 Sufficient funding is available in the Capital Improvement Project (CIP) 0315-96219, Devices/Equipments Sewer Division, in the amount of $106,596.45 and in 0315-96739, Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3843 Reclaimed Water Distribution System, in the amount of $77,803.65. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/7/2017 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:32 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 1 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-A17 CONTROLLOGIX 17 SLOTS1ea 806.827/EA 806.83 CHASSIS Pn: 49944 UPC: 61259812929 AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IA16 CONTROLLOGIX 16 PT D/I6ea 426.453/EA 2558.72 120V AC MODULE Pn: 52634 UPC: 61259817127 AB 1756-OA16 CONTROLLOGIX 16 POINT8ea 602.397/EA 4819.18 D/O MODULE Pn: 49575 UPC: 61259817136 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:32 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 2 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-N2 CONTROLLOGIX EMPTY SLOT1ea 26.135/EA 26.13 COVER Pn: 69917 UPC: 61259816797 AB 1756-TBNH CONTROLLOGIX 20 PIN14ea 63.837/EA 893.72 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 2711P-T12C4A8 PANELVIEW PLUS1ea 6400.131/EA 6400.13 TERMINAL Pn: 222655 UPC: 61259887673 BOM #2 AB 1756-A13 CONTROLLOGIX 13 SLOTS1ea 684.504/EA 684.50 CHASSIS Pn: 49999 UPC: 61259812928 AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP2ea 2496.724/EA 4993.45 MODULE - TP Pn: 62783 UPC: 61259832910 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:33 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 3 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IB16 CONTROLLOGIX 16 PT2ea 330.941/EA 661.88 12/24V DC D/I MODULE Pn: 49904 UPC: 61259817129 AB 1756-OA16I CONTROLLOGIX 16 POINT1ea 753.207/EA 753.21 D/O MODULE Pn: 51012 UPC: 61259816451 AB 1756-IF8I CONTROLLOGIX 8 POINT2ea 2035.919/EA 4071.84 ANALOG INPUT Pn: 689538 UPC: 88563024540 AB 1756-OF8I CONTROLLOGIX 8 POINT2ea 2433.049/EA 4866.10 ANALOG OUTPUT Pn: 718392 UPC: 88495198995 AB 1756-TBNH CONTROLLOGIX 20 PIN4ea 63.837/EA 255.35 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:33 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 4 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-TBCH CONTROLLOGIX 36 PIN3ea 79.093/EA 237.28 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 AB 1756-N2 CONTROLLOGIX EMPTY SLOT3ea 26.135/EA 78.40 COVER Pn: 69917 UPC: 61259816797 BOM#3 AB 1756-A13 CONTROLLOGIX 13 SLOTS1ea 684.504/EA 684.50 CHASSIS Pn: 49999 UPC: 61259812928 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IB16 CONTROLLOGIX 16 PT2ea 330.941/EA 661.88 12/24V DC D/I MODULE Pn: 49904 UPC: 61259817129 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:33 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 5 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-OA16I CONTROLLOGIX 16 POINT1ea 753.207/EA 753.21 D/O MODULE Pn: 51012 UPC: 61259816451 AB 1756-IF8I CONTROLLOGIX 8 POINT2ea 2035.919/EA 4071.84 ANALOG INPUT Pn: 689538 UPC: 88563024540 AB 1756-OF8I CONTROLLOGIX 8 POINT2ea 2433.049/EA 4866.10 ANALOG OUTPUT Pn: 718392 UPC: 88495198995 AB 1756-TBNH CONTROLLOGIX 20 PIN4ea 63.837/EA 255.35 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 1756-TBCH CONTROLLOGIX 36 PIN3ea 79.093/EA 237.28 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 AB 1756-N2 CONTROLLOGIX EMPTY SLOT5ea 26.135/EA 130.67 COVER Pn: 69917 UPC: 61259816797 BOM#4 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:33 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 6 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-A13 CONTROLLOGIX 13 SLOTS1ea 684.504/EA 684.50 CHASSIS Pn: 49999 UPC: 61259812928 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IB16 CONTROLLOGIX 16 PT4ea 330.941/EA 1323.77 12/24V DC D/I MODULE Pn: 49904 UPC: 61259817129 AB 1756-OA16I CONTROLLOGIX 16 POINT1ea 753.207/EA 753.21 D/O MODULE Pn: 51012 UPC: 61259816451 AB 1756-IF8I CONTROLLOGIX 8 POINT4ea 2035.919/EA 8143.67 ANALOG INPUT Pn: 689538 UPC: 88563024540 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:34 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 7 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-OF8I CONTROLLOGIX 8 POINT3ea 2433.049/EA 7299.15 ANALOG OUTPUT Pn: 718392 UPC: 88495198995 AB 1756-TBNH CONTROLLOGIX 20 PIN7ea 63.837/EA 446.86 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 1756-TBCH CONTROLLOGIX 36 PIN5ea 79.093/EA 395.47 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 BOM#5 AB 1756-A13 CONTROLLOGIX 13 SLOTS1ea 684.504/EA 684.50 CHASSIS Pn: 49999 UPC: 61259812928 AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:34 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 8 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IA16 CONTROLLOGIX 16 PT D/I3ea 426.453/EA 1279.36 120V AC MODULE Pn: 52634 UPC: 61259817127 AB 1756-OA16 CONTROLLOGIX 16 POINT2ea 602.397/EA 1204.79 D/O MODULE Pn: 49575 UPC: 61259817136 AB 1756-OX8I CONTROLLOGIX 8 PT3ea 413.048/EA 1239.14 DIGITAL RELAY MODULE Pn: 49225 UPC: 61259817147 AB 1756-TBNH CONTROLLOGIX 20 PIN5ea 63.837/EA 319.19 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 1756-TBCH CONTROLLOGIX 36 PIN3ea 79.093/EA 237.28 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:34 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 9 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-N2 CONTROLLOGIX EMPTY SLOT3ea 26.135/EA 78.40 COVER Pn: 69917 UPC: 61259816797 BOM#6 AB 1756-A13 CONTROLLOGIX 13 SLOTS1ea 684.504/EA 684.50 CHASSIS Pn: 49999 UPC: 61259812928 AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IA16 CONTROLLOGIX 16 PT D/I3ea 426.453/EA 1279.36 120V AC MODULE Pn: 52634 UPC: 61259817127 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:34 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 10 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-OA16 CONTROLLOGIX 16 POINT2ea 602.397/EA 1204.79 D/O MODULE Pn: 49575 UPC: 61259817136 AB 1756-OX8I CONTROLLOGIX 8 PT3ea 413.048/EA 1239.14 DIGITAL RELAY MODULE Pn: 49225 UPC: 61259817147 AB 1756-IF8I CONTROLLOGIX 8 POINT1ea 2035.919/EA 2035.92 ANALOG INPUT Pn: 689538 UPC: 88563024540 AB 1756-TBNH CONTROLLOGIX 20 PIN5ea 63.837/EA 319.19 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 1756-TBCH CONTROLLOGIX 36 PIN4ea 79.093/EA 316.37 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 AB 1756-N2 CONTROLLOGIX EMPTY SLOT2ea 26.135/EA 52.27 COVER Pn: 69917 UPC: 61259816797 BOM#7 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:35 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 11 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-A10 CONTROLLOGIX 10 SLOTS1ea 569.723/EA 569.72 CHASSIS Pn: 50202 UPC: 61259812927 AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP2ea 2496.724/EA 4993.45 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IB16 CONTROLLOGIX 16 PT1ea 330.941/EA 330.94 12/24V DC D/I MODULE Pn: 49904 UPC: 61259817129 AB 1756-OA16I CONTROLLOGIX 16 POINT1ea 753.207/EA 753.21 D/O MODULE Pn: 51012 UPC: 61259816451 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:35 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 12 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-IF8I CONTROLLOGIX 8 POINT1ea 2035.919/EA 2035.92 ANALOG INPUT Pn: 689538 UPC: 88563024540 AB 1756-OF8I CONTROLLOGIX 8 POINT2ea 2433.049/EA 4866.10 ANALOG OUTPUT Pn: 718392 UPC: 88495198995 AB 1756-TBNH CONTROLLOGIX 20 PIN2ea 63.837/EA 127.67 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 AB 1756-TBCH CONTROLLOGIX 36 PIN3ea 79.093/EA 237.28 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 AB 1756-N2 CONTROLLOGIX EMPTY SLOT2ea 26.135/EA 52.27 COVER Pn: 69917 UPC: 61259816797 BOM#8 AB 1756-A10 CONTROLLOGIX 10 SLOTS1ea 569.723/EA 569.72 CHASSIS Pn: 50202 UPC: 61259812927 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:35 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 13 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-L72 CONTROLLOGIX 4 MB1ea 7104.771/EA 7104.77 CONTROLLER Pn: 207339 UPC: 61259887602 AB 1756-EN2T CLX HI-CAP ENET/IP1ea 2496.724/EA 2496.72 MODULE - TP Pn: 62783 UPC: 61259832910 AB 1756-PA72 CONTROLLOGIX AC POWER1ea 846.205/EA 846.21 SUPPLY Pn: 70303 UPC: 61259817259 AB 1756-IF8I CONTROLLOGIX 8 POINT2ea 2035.919/EA 4071.84 ANALOG INPUT Pn: 689538 UPC: 88563024540 AB 1756-OF8I CONTROLLOGIX 8 POINT3ea 2433.049/EA 7299.15 ANALOG OUTPUT Pn: 718392 UPC: 88495198995 AB 1756-TBNH CONTROLLOGIX 20 PIN3ea 63.837/EA 191.51 SCREW TERMINAL BLOCK Pn: 48833 UPC: 61259817185 Subtotal S&H Charges Total Printed By: DGIDRON on 8/4/2017 1:41:35 PM EST ** Continued on Next Page * PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 14 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 1756-TBCH CONTROLLOGIX 36 PIN2ea 79.093/EA 158.19 SCREW TERMINAL BLOCK Pn: 48880 UPC: 61259817183 AB 1756-N2 CONTROLLOGIX EMPTY SLOT3ea 26.135/EA 78.40 COVER Pn: 69917 UPC: 61259816797 BOM#9 AB 1783-MS10T STRATIX 8000 10 PORT1ea 1945.380/EA 1945.38 MANAGED SWITCH Pn: 7267 UPC: 61259834772 AB 1783-MX08S STRATIX 8000 8 PORT1ea 900.935/EA 900.93 SFP EXP. MODULE Pn: 668839 UPC: 88563051356 AB 1783-SFP1GSX 1000SX SFP FIBER6ea 374.725/EA 2248.35 TRANSCEIVER Pn: 72477 UPC: 61259834776 AB 1769-L24ER-QBFC1B COMPACTLOGIX5ea 2354.293/EA 11771.47 750KB DI/O AI/O CONTROLLER Pn: 388660 UPC: 88563010125 Subtotal S&H Charges Total 184400.10 0.00 184400.10 Printed By: DGIDRON on 8/4/2017 1:41:36 PM EST All sales transactions are subject to credit approval. Any quotation and all transactions with Rexel are conditioned upon Rexel's Terms and Conditions of Sale located at http://www.rexelusa.com/terms. Quotation is valid for 30 days after the date of issue unless otherwise specified with the exception of commodity items. Quotation for commodity items is valid for the day of the quote only unless otherwise specified. All amounts quoted do not include state, local or municipal taxes of any kind. Applicable sales tax will be added at the time of sale. PAGE NO.QUOTE DATE QUOTE NUMBER BRANCH: 1121 PPK PINELLAS PARK 10161 49TH ST N PINELLAS PARK, FL 33782-3436 Quotation S11766597308/01/2017 15 of 15 CUSTOMER NUMBER SALESPERSON WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED Troy Neher 1583 BEST WAY 08/18/2017David Gidron 1121 .5% 10th, PROX 25th 294085 ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE QUOTE TO: CITY OF CLEARWATER FINANCE DIVISION PO BOX 4748 CLEARWATER, FL 33758-4748 SHIP TO: CITY OF CLEARWATER NORTHEAST TREATMENT PLANT 3290 STATE RD 580 SAFETY HARBOR, FL 34695-4928 Yes CUST PO#:BOM 1 - 9 JOB/REL#: ORDERED BYCUSTOMER PHONE# KERVIN AB 25B-D1P4N114 POWERFLEX 525 0.4KW3ea 610.532/EA 1831.60 (0.5HP) AC DRIVE Pn: 532693 UPC: 88495188599 Rockwell AutomationFlorida Territory5820 West Cypress Street, Suite ETampa, FL 33607 USATel 1.813.466.6400 Fax 1.813.466.6401www.rockwellautomation.com July 19, 2017 City of Clearwater Attn: Kervin St. Aimie 1605 Harbor Drive Clearwater, FL 33755 Re: Rockwell Automation Authorized Allen-Bradley Distributors Rockwell Automation extends and enhances its own significant automation capabilities by partnering with a network of authorized distributors. Some of the many benefits that customers enjoy working with their local authorized Allen-Bradley distributor include:  • Access to local distributor inventory (including spares and replacement parts)  • Technical assistance from local distributor product specialists  • A knowledgeable staff that has access to factory training  • Rockwell Automation support of local distributor activities  Rexel – Tampa, FL is the only distributor authorized by Rockwell Automation to sell Allen-Bradley and Rockwell Software products, along with related services, in the geographic area in which your facility is located. As a matter of Company policy, Rockwell Automation only provides product and sales support to the local authorized distributor, and it is our practice and policy to always promote and recommend that customers buy from their local authorized Allen-Bradley / Rockwell Automation distributor. Rockwell Automation discourages purchasing from non-authorized sources, including distributors who may hold an Allen-Bradley appointment in another area.  If you purchase Allen-Bradley / Rockwell Automation products from an unauthorized source, you may not receive the latest version. The latest version of Allen-Bradley products, along with related factory product services, only is available through your local authorized Allen-Bradley / Rockwell Automation distributor. Also, products that are not purchased directly from Rockwell Automation or its local authorized distributor may not be covered by a manufacturer’s warranty. Rockwell Automation’s standard manufacturer’s warranty covers new Allen-Bradley products for a period of one year from the date of Rockwell Automation’s or its authorized   Allen-Bradley distributor’s invoice to the customer.Asaresult,there is no assurancethat products sourced from unauthorized parties will carry a valid and unexpired manufacturer’s warranty. Customers purchasing products from unauthorized sources should not assume that they will receive any rights under any Rockwell Automation factory warranty. Only an authorized Allen-Bradley distributor may offer access to factory warranty coverage on Allen-Bradley products. We recognize that price can be an important consideration in any purchasing decision; however, it also is important that customers understand what they are getting for that price (or in the case of purchases from an unauthorized source, what they’re not getting). Rockwell Automation firmly believes that the best customer value in the long-run is achieved by dealing with the local authorized Allen-Bradley distributor. Should you have any further questions, please do not hesitate tocontact Rexel at813.249.3200 or our local Rockwell Automation sales office at 813.466.6400. Respectfully, Sandy Edwards Territory Sales manager cc: Rexel – Tampa   Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3784 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.20 SUBJECT/RECOMMENDATION: Approve an annual contract (blanket purchase order) with Wastequip, LLC, Statesville, NC, in the amount of $175,000 for the purchase of compactors and compactor parts and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Solid Waste Department provides collection service for putrescible garbage and recyclable cardboard from commercial customers. Large amounts of this debris may be transported in self-contained compactor units and charge box containers by City collection vehicles to State-permitted disposal facilities. The Department has approximately 100 compactor customers in the city and adds new customers on a regular basis, establishing the need for new compactors. Solid Waste has a container maintenance section that performs repairs and refurbishing of compactors as needed, but occasionally replacement is necessary. This contract will provide for the purchase of new account equipment, replacement equipment, and repair parts. The standardization of Wastequip compactors expedites contract repairs and maintenance, eliminates excessive equipment downtime, as well as reduces the inventory volume of parts and supplies to be maintained (pursuant to Section 21: Standardization, of the City's Purchasing Manual). Competitive Wastequip pricing is available on NJPA (National Joint Powers Association) contract 041217-WQI. City Code 2.564 Exceptions to bid and quotation procedure, Item (d) provides for the utilization of cooperative purchasing contracts previously awarded by other governmental entities. The Solid Waste Department requests Council authorization to piggyback the designated NJPA purchasing contract, awarded to Wastequip, LLC, Statesville, NC. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in capital project 315-96444, Commercial Container Acquisition. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3807 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.21 SUBJECT/RECOMMENDATION: Approve a Contract (Purchase Order) renewal to Communications International of Vero Beach, FL, in the amount of $104,066.00 for the maintenance and repair of the city-wide two-way radio communication system and equipment in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract renewal authorizes Communications International to provide preventive maintenance, repair, and or replacement, labor, and testing on all of the City’s two-way radios and terminals. The term of this contract renewal is one year, October 1, 2017 through September 30, 2018, and includes demand services, emergency services, and preventive maintenance. APPROPRIATION CODE AND AMOUNT: 566-09920-530300-519 $104,066.00 These funds are available in the operating expense of the Radio Shop in as budgeted in Fiscal Year 2017/18. Page 1 City of Clearwater Printed on 9/7/2017 ORIGINAL CICOMMUNICATIONS INTERNATIONAL GOLD PLAN SERVICE AGREEMENT This Gold Plan Service Agreement (the "Agreement ") is entered into as of October 1 2014( "Effective Date ") by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 ("Cr), and the City of Clearwater located at 100 Myrtle Avenue, PO Box 4748, Clearwater, Florida 33756 hereafter referred to the ( "Customer "). Ci and Customer may also be referred to herein, individually, as a "Party," and, collectively, as the "Parties." WHEREAS, Ci provides maintenance services for two -way radio communications equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two -way radio equipment; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; WHEREAS, the Parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; and NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: 1. DEFINITIONS A. "Demand Services" shall mean services requested by Customer which are not included in the fixed fee arrangement in this Agreement. B. "Emergency Services" shall mean services that are available by Ci twenty -four (24) hours per day, seven (7) days per week, including Federal and State Holidays. C. "Normal Working Hours" shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ( "Business Days "), unless otherwise defined. D. "Services" shall mean those services to be provided by Ci to the Customer pursuant to this Agreement, but not limited to maintenance, repair, replacement, labor and testing. E. "Terminal Equipment" shall mean mobile radios, portable radios and fixed control station equipment listed in Exhibit B, attached hereto and incorporated herein. 2. SCOPE OF AGREEMENT Ci agrees to maintain the ability to provide the services set forth in Exhibit A, attached hereto and incorporated herein, and to provide the Services described herein, including Demand and Page 1 of 10 ORIGINAL Emergency Services. The Customer agrees to purchase these Services from Ci, as needed, in accordance with Exhibit C, attached hereto and incorporated herein. 3. TERM AND TERMINATION A. The initial term of this Agreement shall be for a period of one (1) year (the "Tenn"). The Agreement shall automatically renew at the end of the Term for additional one (1) year terms ( "Renewal Terms "), unless (i) either Party notifies the other Party, in writing, at least ninety (90) days prior to expiration of this Agreement of its intent not to renew or (ii) in the event Ci proposes new terms, conditions, or pricing ( "New Terms "), such New Terms are not accepted by the Customer in writing. B. This Agreement may be terminated by either Party, with or without cause, upon ninety (90) days written notice, by overnight delivery, personal delivery or registered mail return receipt requested to the other Party. Such notice shall be effective upon receipt. C. Upon termination of this Agreement by either Party after Ci has performed the annual Preventative Maintenance on Customer's equipment, the Customer shall pay Ci fifty percent (50 %) of the annual rate within thirty (30) days oftermination. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D, attached hereto and incorporated herein. D. Payment for Services for monthly maintenance, as outlined in Exhibit B ofthis Agreement, is due in advance and payable in full thirty (30) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full thirty (30) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal, or reinstallation of equipment shall be performed by Ci following reasonable notice to the Customer at the rates listed in Exhibit C at a time agreed to by both Parties. Page 2 of 10 ORIGINAL B. Customer shall be charged the Demand Services rate set forth in Exhibit C for all items and services not covered for maintenance under Exhibit B, such as batteries, mobile antennas, audio accessories or repairs caused by physical damage or abuse. C. In addition to the Services specified in this Agreement, the Customer may order other work to be provided by Ci, including specially designed work or services otherwise not covered by this Agreement ( "Special Requirements Order "). Within ten (10) business days ofreceipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (11th) Business Day after receipt. D. Purchase orders issued in compliance with this Agreement, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt ofthe Customer's acceptance ofCi's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Agreement shall take precedence over any accepted purchase order issued after the date of this Agreement. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Agreement. G. Terminal Equipment may be delivered or shipped to Ci by Customer or picked up by Ci during a weekly service visit by Ci. Maintenance shall be performed at a Ci facility during Normal Working Hours. If Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. H. Emergency Services on Terminal Equipment, if requested, will be performed and will be charged at the Demand Services rate set forth in Exhibit C. 7. PREVENTIVE MAINTENANCE A. Ci will annually perform verification on Terminal Equipment covered by this Agreement to validate factory specifications and correct any deficiencies found ( "Preventative Maintenance "). Upon Customer's request, Ci will repair damage due to abuse or neglect at the Demand Service rate listed in Exhibit C. B. Any Terminal Equipment found to be non - working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Agreement. C. Copies of service records will be available to the Customer upon request. 8. ADDITIONS AND DELETIONS Page 3 of 10 ORIGINAL A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Agreement while the Agreement is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Agreement the month following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove Equipment from Exhibit B. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Before any piece of Equipment may be added to this Agreement, Ci has the right to evaluate the Equipment and bill the Customer for time and materials for any corrective actions needed for such Equipment at the Demand Services rate. C. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the month following such change. D. Customer shall pay Ci fifty percent (50 %) of the annual rate for any Equipment removed from Exhibit B after the annual Preventative Maintenance has been performed on such Equipment. 9. RESPONSE TIME The estimated time of repair is five (5) Business Days for Terminal Equipment delivered to Ci's local facility. 10. FORCE MAJEURE Neither the City nor CI shall be liable to the other for any failure to perform pursuant to the terms and conditions ofthis Agreement to the extent such performance is prevented by an event of Force Majeure. The term "Force Majeure" shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non - foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party in writing of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 11. INDEMNIFICATION a. Each party hereto shall indemnify and hold harmless and defend the other party, their trustees, officers, agents, elected officials, or employees, from any and all liability, damages, cost, or expense any indemnified party shall become obligated to pay by reason of any claim, lawsuit, or judgment on account of injury to property or injury received or death suffered to persons, which is caused by the act or omission of any duty that the indemnifying party or their trustees, officers, agents, elected officials, or employees under this Agreement. This indemnification clause shall survive the expiration or earlier termination ofthis Agreement until all claims against the Parties involving any indemnified matters are resolved or barred by the applicable statute of limitation. Page 4 of 10 ORIGINAL b. All of the indemnification obligations of the City shall be limited to the extent permitted by law. Nothing in this Agreement shall alter the waiver of sovereign immunity or extend the City's liability beyond the limits established in Section 768.28, Florida Statutes. c. Nothing herein shall be construed as consent by the City to be sued by third parties in any matter arising out of this Agreement. 12. INSURANCE Prior to work commencing under this Agreement, Ci shall, at its own cost and expense, acquire and maintain (and cause any contractors, 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. Specifically, Ci must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage 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 ofFlorida, 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, ifany. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) ofthe insurance policy's renewal date(s) for as long as this Agreement remains in effect, Ci will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial Liability and Auto Liability Insurance policies. In addition when requested in writing from the City, Ci 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 P.O. Box 4748 Page 5 of 10 ORIGINAL Clearwater, FL 33758 -4748 b. Ci shall provide thirty (30) days written notice of any cancellation, non - renewal, termination, material change or reduction in coverage. c. Ci's insurance as outlined above shall be primary and non - contributory coverage for Ci's negligence. d. Ci agrees to timely notify the City of any and all claims that may arise related to this Agreement or work performed under this Agreement, and that the City reserves the right to appoint legal counsel for any and all claims. e. Ci shall not be relieved of any obligation of indemnification pursuant to this Agreement by reason of its failure to secure and maintain appropriate insurance as required by this Section. f. Ci shall defend, indemnify, save and hold the City, its employees, officers, or directors harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly, including legal fees, court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City /CGS or its employees, officers, or directors or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by, or result from, the acts or omissions of Ci or any of Ci's employees, contractors, subcontractors, representatives, or agents. The stipulated limits ofcoverage 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. 13. ENTIRE AGREEMENT AND MODIFICATION This Agreement and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Agreement or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. Page 6 of 10 ORIGINAL AUTHORIZED SIGNATURE IN WITNESS HEREOF, Communications International, Inc. and the City of Clearwater have caused this Agreement to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL, INC. City of Clearwater By: Name: Barry eim Title: Chief Financial Officer By: W1 - -U _ ' William B. Horne, II City Manager Approved as to form: Pamela Akin City Attorney Page 7 of 10 By: -georketcrt405 Name: George N. Cretekos Title: Mayor By: py Ro emarie all City Clerk ORIGINAL EXHIBIT A SCOPE OF WORK During the term of the Agreement, Ci agrees (i) to provide Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein, and (ii) to provide the products and services as described herein at the prices set forth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated herein. 2. Equipment Maintenance Terminal Equipment shall be serviced at a Ci facility during Normal Working Hours. Emergency Services shall be available for mobile equipment twenty-four (24) hours per day, seven (7) days per week, and, if requested, will be performed at the rate stated for Emergency Services in Exhibit C. Mobile equipment, if removed from vehicle for repair at Ci's facility, shall be repaired and replaced within five (5) working days, if parts are available; otherwise repaired or replaced on a mutually agreed -upon time. Solely at the Customer's request, and scheduled at a mutually agreed -upon time, mobile or portable equipment serviced at the Customer's building or vehicle's work location will be subject to a "Trip Charge" and will be performed at a rate listed on the Demand Services as specified in Exhibit C. 3. Demand Services When requested by the Customer, the installation, removal, or reinstallation ofequipment shall be performed by Ci, following reasonable notice, and at the rates listed in Exhibit C. Service work made necessary because of abuse or neglect not under the control ofCi will be performed at the hourly rate for Demand Services plus parts. Special work, not otherwise covered, will be performed at prevailing rates, or may be performed by the Customer or its agents at Customer's election and expense. Copies of service records for Demand Services will be provided by Ci to the Customer representative on a monthly basis together with or included in the regular monthly invoices submitted by the Ci for payment. The Parties shall agree upon an electronic format of transmitting the service records, which shall include a scanned copy of the work order (which shall have a legible signature from an authorized representative of the Customer before it will be accepted to be processed for payment) with each service record and request for payment. The Customer, for verification of authorization, shall submit a list of authorized signatures. 4. Preventative Maintenance Schedule Ci will develop a mutually- agreeable Preventative Maintenance schedule with Customer to perform Preventative Maintenance on Customer's Equipment that is listed in Exhibit B. Ci will annually perform verification on mobiles, portables and fixed control stations covered by this Agreement to validate factory specifications and will correct any deficiencies found. Damage due to abuse will be repaired at the Demand Services rate, plus parts. 5. General All services provided under this Agreement are only applicable to the Equipment listed in Exhibit B ofthis Agreement. Page 8 of 10 ORIGINAL EXHIBIT B Equipment and Pricing List Page 9of10 ORIGINAL EXHIBIT C SERVICE RATES Demand Services Charge Normal Hourly Demand Rate for 8 hours x 5 days $ 86.00 Emergency and After Hours Demand Rate $ 129.00 Professional Services System Design Engineering Hourly Rate $ 120.00 Engineering Hourly Rate $ 120.00 RF Propagation Hourly Rate $ 120.00 Inter - modulation Study Hourly Rate $ 100.00 Fleet Map Structure Hourly Rate $ 90.00 Traffic Analysis Hourly Rate $ 100.00 Dispatch Center Consulting Hourly Rate $ 90.00 FCC Frequency Searches Hourly Rate $ 90.00 EXHIBIT D Pricing Discounts Pricing discounts for all Harris manufactured equipment will be at the current Public Safety discount level of at least 25% off list price published on the Harris website. All list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by Ci. Page 10 of 10 C COMMUNICATIONS INTERNATIONAL 4450 US Highway 1 Vero Beach, FL 32967 772 -569 -5355 Fax: 772 -567 -2292 Site: City of Clearwater, 1900 Grand Ave. Clearwater, Radio Communications F Contract # Purchase Order # Covered Period: 10/1/2014 to 9/30/2015 Agreement # Customer# CLE110RS Bill To: Clearwater, City of 100 Myrtle Avenue PO Box 4748 Clearwater, FL 33756 Model Description Asset Serial Number Shop Area 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P 700P R2991 R2992 R2993 R2995 R2997 R2998 R2999 R3000 R3001 R3002 R3003 R3005 R3006 R3008 R3009 R3010 R3011 R3013 R3014 R3017 R3018 R3019 R3020 R3022 R3023 R3025 R3026 R3027 R3028 R3029 R3031 R3032 R3033 R3034 R3035 R3037 R3038 R3039 R3040 R3041 R3042 R3043 R3044 R3046 R3047 R3048 9611576 9611667 9611668 9611670 9611672 9611673 9611674 9611675 9611626 9611627 9611628 9611630 9611631 9611633 9611634 9611635 9611686 9611688 9611689 9611692 9611693 9611694 9611695 9611727 9611728 9611730 9611733 9611735 9611767 9611768 9611770 9611771 9611772 9611773 9611774 9611846 9611847 9611848 9611849 9611850 9611851 9611852 9611853 9611855 9611941 9611942 06620 01353 01162 06620 06620 01162 06620 06620 06620 01334 06620 06620 01430 01162 06620 01860 01162 06620 01162 06620 06620 01162 06620 02087 01430 01430 06620 06620 06620 06620 01162 06620 01162 06620 01346 06620 02090 01346 01346 01162 01346 01162 06620 06620 01346 01430 Confidential 12/18/2014 Page 1 2002 HA8DSX 700P R3049 9611943 09 01353 2002 HA8DSX 700P R3050 9611944 09 06620 2003 HA8DSX 700P R3053 9614556 09 06620 2003 HA8DSX 700P R3054 9614557 09 01162 2003 HA8DSX 700P R3055 9614558 09 01162 2003 HA8DSX 700P R3056 9614559 09 06620 2003 HA8DSX 700P R3057 9614560 09 06620 2003 HA8DSX 700P R3058 9614561 09 06620 2003 HA8DSX 700P R3059 9614562 09 06620 2003 HA8DSX 700P R3060 9614563 09 06620 2003 HA8DSX 700P R3062 9614565 09 06620 2003 HA8DSX 700P R3063 9614646 09 01162 2003 HA8DSX 700P R3065 9614648 09 06620 2003 HA8DSX 700P R3066 9614649 09 06620 2003 HA8DSX 700P R3067 9614650 09 06620 2003 HA8DSX 700P R3068 9614651 09 01162 2003 HA8DSX 700P R3070 9614653 09 01162 2003 HA8DSX 700P R3071 9614654 09 06620 2003 HA8DSX 700P R3072 9614655 09 01162 2003 HA8DSX 700P R3074 9614912 09 06620 2003 HA8DSX 700P R3075 9614913 09 06620 2003 HA8DSX 700P R3076 9614914 09 01162 2003 HA8DSX 700P R3077 9614915 09 06620 2003 HA8DSX 700P R3078 9614156 09 06620 2003 HA8DSX 700P R3079 9614366 09 01162 2003 HA8DSX 700P R3080 9614367 09 01162 2003 HA8DSX 700P R3081 9614372 09 01162 2003 HA8DSX 700P R3082 9614427 09 06620 2003 HABDSX 700P R3083 9614429 09 01162 2003 HABDSX 700P R3084 9614430 09 01162 2003 HABDSX 700P R3085 9614431 09 06620 2003 HA8DSX 700P R3086 9614432 09 06620 2003 HA8DSX 700P R3087 9614434 09 06620 2003 HA8DSX 700P R3088 9614435 09 01162 2003 HA8DSX 700P R3089 9614511 09 06620 2003 HA8DSX 700P R3090 9614512 09 06620 2003 HA8DSX 700P R3091 9614513 09 01162 2003 HABDSX 700P R3092 9614514 09 06620 2003 HABDSX 700P R3093 9614515 09 06620 2003 HABDSX 700P R3094 9614816 09 01162 2003 HABDSX 700P R3095 9614817 09 06620 2003 HA8DSX 700P R3096 9614818 09 01162 2003 HA8DSX 700P R3097 9614819 09 06620 2003 HA8DSX 700P R3098 9614820 09 06620 2003 HABDSX 700P R3099 9614821 09 01162 2003 HABDSX 700P R3100 9614822 09 06620 2003 HA8DSX 700P R3102 9614824 09 06620 2003 HA8DSX 700P R3103 9614114 09 06620 2003 HA8DSX 700P R3104 9614126 09 01162 2003 HA8DSX 700P R3105 9614128 09 06620 2003 HA8DSX 700P R3106 9614129 09 01162 2003 HA8DSX 700P R3107 9614130 09 06620 2003 HA8DSX 700P R3108 9614131 09 06620 2003 HABDSX 700P R3109 9614136 09 06620 2003 HABDSX 700P R3110 9614137 09 06611 2003 HA8DSX 700P R3111 9614138 09 06620 2003 HABDSX 700P R3112 9614139 09 06620 2003 HA8DSX 700P R3113 9614140 09 01162 2003 HA8DSX 700P R3114 9614141 09 06620 2003 HA8DSX 700P R3115 9614142 09 01162 2003 HA8DSX 700P R3116 9614143 09 06620 2003 HA8DSX 700P R3117 9614144 09 06620 2003 HA8DSX 700P R3118 9614270 09 06620 Confidential 12/18/2014 Page 2 2003 HA8DSX 700P R3119 9614271 09 06620 2003 HABDSX 700P R3120 9614266 09 06620 2003 HABDSX 700P R3121 9614267 09 06620 2003 HABDSX 700P R3123 9614287 09 01162 2003 HA8DSX 700P R3124 9614290 09 06620 2003 HA8DSX 700P R3125 9614294 09 06620 2003 HA8DSX 700P R3126 9614295 09 01162 2003 HA8DSX 700P R3127 9614106 09 06620 2003 HABDSX 700P R3128 9614107 09 01162 2003 HABDSX 700P R3129 9614108 09 01162 2003 HABDSX 700P R3130 9614109 09 06620 2003 HA8DSX 700P R3132 9614112 09 01162 2003 HA8DSX 700P R3133 9614113 09 06620 2003 HA8DSX 700P R3134 9614115 09 01430 2003 HA8DSX 700P R3135 9614127 09 06620 2003 HABDSX 700P R3136 9614132 09 06620 2003 HA8DSX 700P R3137 9614133 09 01162 2003 HABDSX 700P R3138 9614134 09 06620 2003 HABDSX 700P R3139 9614135 09 06620 2003 HA8DSX 700P R3140 9614258 09 01162 2003 HA8DSX 700P R3141 9614259 09 06620 2003 HA8DSX 700P R3142 9614268 09 01162 2003 HA8DSX 700P R3143 9614272 09 06620 2003 HA8DSX 700P R3145 9614406 09 06620 2003 HA8DSX 700P R3146 9614410 09 06620 2003 HA8DSX 700P R3147 9614411 09 06620 2003 HA8DSX 700P R3148 9614414 09 01162 2003 HABDSX 700P R3149 9614593 09 06620 2003 HABDSX 700P R3150 9614594 09 06620 2003 HABDSX 700P R3151 9614595 09 06620 2003 HA8DSX 700P R3152 9614590 09 06620 2003 HABDSX 700P R3153 9614586 09 06620 2003 HABDSX 700P R3154 9614587 09 01346 2003 HABDSX 700P R3156 9614589 09 01372 2003 HABDSX 700P R3157 9614186 09 01334 2003 HABDSX 700P R3158 9614187 09 06620 2003 HABDSX 700P R3159 9614188 09 06620 2003 HABDSX 700P R3160 9614189 09 01334 2003 HABDSX 700P R3161 9614190 09 06620 2003 HABDSX 700P R3162 9614191 09 01162 2003 HABDSX 700P R3163 9614192 09 06620 2003 HA8DSX 700P R3165 9614194 09 06620 2003 HABDSX 700P R3166 9614195 09 06620 2003 HABDSX 700P R3167 9614197 09 01372 2003 HABDSX 700P R3168 9614199 09 01372 2003 HABDSX 700P R3171 9614203 09 01162 2003 HABDSX 700P R3173 9614207 09 06620 2003 HABDSX 700P R3174 9614209 09 06620 2003 HABDSX 700P R3175 9614210 09 06620 2003 HABDSX 700P R3176 9614215 09 06620 2003 HABDSX 700P R3179 9614347 09 06620 2003 HABDSX 700P R3180 9614348 09 06620 2003 HABDSX 700P R3181 9614355 09 06620 2003 HABDSX 700P R3182 9614516 09 01162 2003 HABDSX 700P R3183 9614517 09 06620 2003 HABDSX 700P R3184 9614518 09 06620 2003 HABDSX 700P R3185 9614519 09 06620 2003 HABDSX 700P R3186 9614520 09 06620 2003 HABDSX 700P R3187 9614521 09 01334 2003 HA8DSX 700P R3188 9614522 09 06620 2003 HABDSX 700P R3189 9614523 09 01334 2003 HA8DSX 700P R3190 9614524 09 06620 2003 HA8DSX 700P R3192 9614946 09 06620 Confidential 12/18/2014 Page 3 Year Model Model Description Asset Serial Number Shop Area 2003 HA8DSX 700P R3193 9614947 09 06620 2003 HA8DSX 700P R3194 9614948 09 06620 2003 HA8DSX 700P R3196 9614950 09 06620 2003 HA8DSX 700P R3198 9614952 09 01162 2003 HA8DSX 700P R3199 9614953 09 01162 2003 HA8DSX 700P R3200 9614954 09 06620 2003 HA8DSX 700P R3201 9614955 09 01162 2003 HABDSX 700P R3202 9614226 09 06620 2003 HABDSX 700P R3203 9614227 09 06620 2003 HABDSX 700P R3205 9617896 09 06620 2003 HABDSX 700P R3206 9614230 09 06620 2003 HA8DSX 700P R3207 9614231 09 06620 2003 HABDSX 700P R3208 9614232 09 06620 2003 HA8DSX 700P R3209 9614233 09 06620 2003 HA8DSX 700P R3210 9614234 09 06620 2003 HA8DSX 700P R3211 9614235 09 06620 2003 HA8DSX 700P R3212 9614336 09 06620 2003 HA8DSX 700P R3213 9614337 09 06620 2003 HA8DSX 700P R3214 9614338 09 06620 2003 HA8DSX 700P R3215 9614339 09 06620 2003 HA8DSX 700P R3216 9614340 09 01162 2003 HA8DSX 700P R3217 9614341 09 06620 2003 HA8DSX 700P R3218 9614342 09 06620 2003 HA8DSX 700P R3219 9614343 09 06620 2003 HA8DSX 700P R3220 9614345 09 06620 2003 HA8DSX 700P R3221 9614440 09 06620 2003 HA8DSX 700P R3222 9614506 09 06620 2003 HA8DSX 700P R3223 9614507 09 06620 2003 HA8DSX 700P R3224 9614508 09 06620 2003 HA8DSX 700P R3225 9614509 09 01162 2003 HA8DSX 700P R3226 9614510 09 06620 2003 HA8DSX 700P R3227 9614269 09 06620 2003 HA8DSX 700P R3233 9614167 09 06620 2003 HA8DSX 700P R3234 9614169 09 01162 2003 HA8DSX 700P R3235 9614170 09 06620 2003 HABDSX 700P R3236 9614171 09 06620 2003 HABDSX 700P R3237 9614173 09 06620 2003 HABDSX 700P R3238 9614174 09 06620 2003 HABDSX 700P R3239 9614175 09 06620 2003 HABDSX 700P R3240 9614387 09 06620 2003 HA8DSX 700P R3241 9614391 09 06620 2003 HA8DSX 700P R3242 9614392 09 06620 2003 HA8DSX 700P R3243 9614666 09 06611 2003 HA8DSX 700P R3245 9614668 09 06620 2003 HA8DSX 700P R3246 9624669 09 06620 2003 HABDSX 700P R3247 9614670 09 06620 2003 HA8DSX 700P R3248 9614671 09 01162 2003 HABDSX 700P R3249 9614672 09 06620 2003 HABDSX 700P R3250 9614673 09 06620 2003 HABDSX 700P R3251 9614674 09 06620 2003 HABDSX 700P R3252 9614675 09 01162 2003 HA8DSX 700P R3253 9614906 09 06620 2003 HA8DSX 700P R3254 9614907 09 01162 2003 HA8DSX 700P R3255 9614908 09 01430 2003 HA8DSX 700P R3256 9614909 09 06620 2003 HA8DSX 700P R3257 9614910 09 06620 2003 HA8DSX 700P R3258 9616951 09 06620 2003 HA8DSX 700P R3259 9616952 09 06620 2003 HA8DSX 700P R3260 9616953 09 06620 2003 HA8DSX 700P R3261 9616954 09 06620 2003 HA8DSX 700P R3262 9616955 09 01162 2003 HA8DSX 700P R3263 9616976 09 06620 2003 HA8DSX 700P R3264 9616977 09 01162 Confidential 12/18/2014 Page 4 Year Model Model Description Asset Serial Number Shop Area 2003 HA8DSX 700P R3265 9616978 09 06620 2003 HA8DSX 700P R3266 9616979 09 06620 2003 HA8DSX 700P R3267 9616980 09 01162 2003 HA8DSX 700P R3268 9616981 09 06620 2003 HA8DSX 700P R3269 9616982 09 06620 2003 HABDSX 700P R3270 9616983 09 01162 2003 HABDSX 700P R3271 9616984 09 06620 2003 HABDSX 700P R3325 9616948 09 01371 2003 HA8DSX 700P R3326 9616863 09 06620 2003 HA8DSX 700P R3328 9616654 09 01162 2003 HA8DSX 700P R3329 9616946 09 06620 2003 HA8DSX 700P R3331 9616648 09 06620 2003 HA8DSX 700P R3332 9616653 09 06620 2003 HABDSX 700P R3333 9616647 09 06620 2003 HABDSX 700P R3334 9616950 09 06620 2003 HABDSX 700P R3379 9614669 09 06620 2003 HA8DSX 700P R3380 9616856 09 06620 2003 HA8DSX 700P R3381 9616865 09 06620 2003 HA8DSX 700P R3382 9616860 09 01162 2003 HA8DSX 700P R3383 9616651 09 06620 2003 HA8DSX 700P R3384 9616947 09 06620 2003 HA8DSX 700P R3385 9616862 09 06620 2003 HA8DSX 700P R3386 9616858 09 06620 2003 HA8DSX 700P R3387 9616859 09 06620 2003 HABDSX 700P R3388 9616864 09 06620 2003 HA8DSX 700P R3389 9616861 09 06620 2003 HABDSX 700P R3390 9616646 09 06620 2003 HA8DSX 700P R3391 9616650 09 01162 2003 HABDSX 700P R3392 9616652 09 06620 2003 HABDSX 700P R3393 9616655 09 06620 2003 HABDSX 700P R3394 9616949 09 06620 2003 HABDSX 700P R3398 9801040 09 01162 2003 HA8DSX 700P R3399 9799881 09 01162 2003 HABDSX 700P R3401 9801034 09 06620 2003 HABDSX 700P R3404 9792027 09 06620 2003 HABDSX 700P R3406 9791177 09 01162 2003 HABDSX 700P R3408 9801013 09 01162 2003 HA8DSX 700P R3414 9799892 09 01162 2003 HABDSX 700P R3415 9799860 09 06620 2003 HA8DSX 700P R3417 9799891 09 01162 2003 HA8DSX 700P R3418 9791386 09 01162 2003 HA8DSX 700P R3424 9798916 09 06620 2003 HA8DSX 700P R3430 9799713 09 01162 2003 HA8DSX 700P R3432 9799692 09 06620 2003 HA8DSX 700P R3433 9799373 09 06620 2003 HA8DSX 700P R3435 9799708 09 06620 2003 HA8DSX 700P R3441 9799855 09 01162 2003 HA8DSX 700P R3444 9799026 09 06620 2003 HA8DSX 700P R3446 9798751 09 06620 2003 HA8DSX 700P R3447 9798802 09 06620 2003 HA8DSX 700P R3448 9798853 09 01162 2003 HA8DSX 700P R3449 9798906 09 06620 2003 HA8DSX 700P R3453 9798730 09 06620 2003 HA8DSX 700P R3456 9617907 09 01430 2003 HA8DSX 700P R3457 9617908 09 01430 2003 HA8DSX 700P R3458 9617909 09 01430 2003 HA8DSX 700P R3459 9617910 09 01430 2003 HA8DSX 700P R3460 9617914 09 01430 2003 HA8DSX 700P R3461 9617915 09 01430 2004 HA8DSX 700P R3488 9598826 09 01162 2004 HA8DSX 700P R3489 9601309 09 01162 2004 HA8DSX 700P R3490 9599456 09 06620 2004 HABDSX 700P R3491 9598820 09 01162 Confidential 12/18/2014 Page 5 2004 HA8DSX 700P R3492 9600733 09 01162 2004 HA8DSX 700P R3493 9601310 09 01162 2004 HA8DSX 700P R3494 9600466 09 01162 2004 HA8DSX 700P R3495 9600340 09 06620 2004 HA8DSX 700P R3496 9601747 09 01342 2004 HA8DSX 700P R3497 9600503 09 06611 2004 HA8DSX 700P R3498 9600524 09 06611 2004 HA8DSX 700P R3499 9601254 09 06611 2004 HA8DSX 700P R3500 9598819 09 06611 2004 HA8DSX 700P R3501 9598440 09 06611 2004 HA8DSX 700P R3502 9600369 09 06620 2004 HA8DSX 700P R3503 9598443 09 06620 2004 HA8DSX 700P R3504 9598721 09 06620 2004 HA8DSX 700P R3505 9598801 09 06620 2004 HA8DSX 700P R3506 9598821 09 06620 2004 HA8DSX 700P R3507 9598441 09 06620 2004 HA8DSX 700P R3508 9598825 09 06620 2004 HA8DSX 700P R3509 9598448 09 01162 2004 HA8DSX 700P R3510 9598447 09 06620 2004 HA8DSX 700P R3511 9600987 09 06620 2004 HA8DSX 700P R3512 9599418 09 06620 2004 HA8DSX 700P R3513 9602055 09 01162 2004 HA8DSX 700P R3514 9601231 09 02090 2004 HA8DSX 700P R3515 9601950 09 06531 2004 HA8DSX 700P R3517 9598671 09 06620 2004 HA8DSX 700P R3518 9599339 09 06620 2004 HA8DSX 700P R3519 9598883 09 01162 2004 HA8DSX 700P R3520 9598882 09 06620 2004 HA8DSX 700P R3522 9598419 09 06620 2004 HA8DSX 700P R3523 9599417 09 06620 2004 HA8DSX 700P R3524 9598981 09 06531 2004 HA8DSX 700P R3526 9600464 09 06620 2004 HA8DSX 700P R3527 9602057 09 06620 2004 HA8DSX 700P R3528 9600637 09 06620 2004 HA8DSX 700P R3529 9601739 09 06620 2004 HA8DSX 700P R3530 9601957 09 06620 2004 HA8DSX 700P R3531 9598982 09 06620 2004 HA8DSX 700P R3532 9601955 09 01353 2004 HA8DSX 700P R3533 9601954 09 01353 2004 HA8DSX 700P R3534 9599415 09 06611 2005 HA8DSX 700P R3586 9024807 09 01313 2005 HA8DSX 700P R3587 9024808 09 06611 2005 HA8DSX 700P R3588 9024809 09 02088 2005 HA8DSX 700P R3589 9024810 09 02088 2005 HA8DSX 700P R3590 9024811 09 06531 2005 HA8DSX 700P R3592 9023474 09 01313 2005 HA8DSX 700P R3593 9023839 09 06620 2005 HA8DSX 700P R3594 9023840 09 01313 2005 HA8DSX 700P R3595 9023477 09 06620 2005 HA8DSX 700P R3596 9023616 09 01313 2005 HA8DSX 700P R3597 9023614 09 01313 2005 HA8DSX 700P R3598 9023476 09 06620 2005 HA8DSX 700P R3599 9023623 09 01313 2005 HA8DSX 700P R3600 9023483 09 01313 2005 HA8DSX 700P R3601 9023482 09 01313 2005 HA8DSX 700P R3602 9023481 09 06620 2005 HA8DSX 700P R3603 9023838 09 01313 2005 HA8DSX 700P R3604 9023837 09 01313 2005 HA8DSX 700P R3605 9023843 09 06620 2005 HA8DSX 700P R3606 9023478 09 02054 2005 HA8DSX 700P R3607 9023479 09 02051 2005 HA8DSX 700P R3608 9023615 09 06620 2005 HA8DSX 700P R3609 9023842 09 06611 Confidential 12/18/2014 Page 6 2005 HABDSX 700P R3610 9023475 09 02088 2005 HABDSX 700P R3612 9023836 09 01860 2005 HA8DSX 700P R3613 9023480 09 01162 2005 HA8DSX 700P R3614 9023835 09 01808 2006 HA8DSX 700P R3636 9155459 09 06611 2006 HABDSX 700P R3637 9155460 09 06620 2006 HABDSX 700P R3638 9154349 09 01860 2006 HA8DSX 700P R3639 9154350 09 06620 2006 HA8DSX 700P R3640 9154351 09 02084 2006 HA8DSX 700P R3641 9154352 09 01808 2006 HABDSX 700P R3642 9154353 09 01808 2006 HABDSX 700P R3643 9154354 09 01808 2006 HABDSX 700P R3644 9154355 09 01808 2006 HABDSX 700P R3645 9154356 09 01860 2006 HA8DSX 700P R3646 9154357 09 06620 2006 HA8DSX 700P R3647 9154358 09 06531 2006 HA8DSX 700P R3648 9154389 09 06611 2006 HA8DSX 700P R3649 9154390 09 01860 2006 HABDSX 700P R3650 9154391 09 01860 2006 HABDSX 700P R3651 9154392 09 06620 2006 HABDSX 700P R3652 9154393 09 01162 2006 HABDSX 700P R3653 9154394 09 06620 2006 HABDSX 700P R3654 9154395 09 01860 2006 HABDSX 700P R3656 9154397 09 01162 2006 HABDSX 700P R3657 9154398 09 06620 2006 HA8DSX 700P R3658 9154399 09 06620 2006 HA8DSX 700P R3659 9154400 09 01162 2006 HA8DSX 700P R3660 9154401 09 06620 2006 HA8DSX 700P R3661 9154402 09 01162 2006 HA8DSX 700P R3662 9154403 09 01162 2006 HA8DSX 700P R3663 9154404 09 06620 2006 HA8DSX 700P R3664 9154405 09 06620 2006 HA8DSX 700P R3665 9154406 09 06620 2006 HA8DSX 700P R3666 9154407 09 06620 2006 HA8DSX 700P R3667 09 06620 2006 HA8DSX 700P R3668 9154509 09 06620 2006 HA8DSX 700P R3669 9154510 09 01162 2006 HA8DSX 700P R3670 9154511 09 06620 2006 HA8DSX 700P R3671 9154512 09 01162 2006 HA8DSX 700P R3672 9154513 09 01162 2006 HA8DSX 700P R3673 9154514 09 01162 2006 HABDSX 700P R3674 9154515 09 06620 2006 HABDSX 700P R3675 9154516 09 01162 2006 HABDSX 700P R3676 9154517 09 01162 2006 HABDSX 700P R3677 9154518 09 01162 2006 HABDSX 700P R3678 9154579 09 01162 2006 HABDSX 700P R3679 9154580 09 01162 2006 HABDSX 700P R3680 9154581 09 01162 2006 HABDSX 700P R3681 9154582 09 01162 2006 HA8DSX 700P R3682 9154583 09 06620 2006 HABDSX 700P R3683 9154584 09 01162 2006 HA8DSX 700P R3684 9154585 09 01162 2006 HA8DSX 700P R3685 9154586 09 06620 2006 HA8DSX 700P R3687 9154588 09 06620 2006 HA8DSX 700P R3688 9155840 09 01162 2008 HA8DSX 700P R3726 9165994 09 06620 2008 MAHMS8RXX P5100 R3761 9174155 09 06611 2008 MAHMS8RXX P5100 R3762 9174153 09 01331 2008 MAHMS8RXX P5100 R3764 9174376 09 01331 2008 MAHMS8RXX P5100 R3767 9173858 09 01331 2008 MAHMS8RXX P5100 R3768 9173743 09 01331 2008 MAHMS8RXX P5100 R3769 9173860 09 01331 2008 MAHMS8RXX P5100 R3770 9173864 09 01331 Confidential 12/18/2014 Page 7 Year Model Model Description Asset Serial Number Shop Area 2008 MAHMS8RXX P5100 R3771 9173660 09 01331 2008 MAHMS8RXX P5100 R3772 9173857 09 01331 2008 MAHMS8RXX P5100 R3773 9173666 09 01331 2008 MAHMS8RXX P5100 R3774 9173741 09 01331 2008 MAHMS8RXX P5100 R3775 9173859 09 01331 2008 MAHMS8RXX P5100 R3776 9173745 09 01331 2008 MAHMS8RXX P5100 R3777 9173856 09 06620 2008 MAHMS8RXX P5100 R3778 9173664 09 06611 2008 MAHMS8RXX P5100 R3779 9173742 09 01860 2008 MAHMS8RXX P5100 R3780 9173657 09 02082 2008 MAHMS8RXX P5100 R3781 9173662 09 02082 2008 MAHMS8RXX P5100 R3783 9173659 09 01860 2008 MAHMS8RXX P5100 R3784 9174320 09 06620 2008 MAHMS8RXX P5100 R3785 9174206 09 01860 2008 MAHMS8RXX P5100 R3786 9174148 09 06620 2008 MAHMS8RXX P5100 R3787 9174147 09 06620 2008 MAHMS8RXX P5100 R3788 9174215 09 02051 2008 MAHMS8RXX P5100 R3789 9174322 09 06620 2008 MAHMS8RXX P5100 R3790 9174317 09 06620 2008 MAHMS8RXX P5100 R3791 9174208 09 01860 2008 MAHMS8RXX P5100 R3792 9174319 09 02051 2008 MAHMS8RXX P5100 R3793 9174211 09 06620 2008 MAHMS8RXX P5100 R3794 9174209 09 06620 2008 MAHMS8RXX P5100 R3795 9174492 09 01346 2006 MAHMS8RXX P5100 R3796 9174378 09 02067 2008 MAHMS8RXX P5100 R3797 9174488 09 01860 2006 MAHMS8RXX P5100 R3798 9174484 09 02090 2006 MAHMS8RXX P5100 R3799 9174490 09 02069 2008 MAHMS8RXX P5100 R3800 9174384 09 01346 2006 MAHMS8RXX P5100 R3802 9174379 09 02067 2006 MAHMS8RXX P5100 R3803 9174486 09 02067 2006 MAHMS8RXX P5100 R3804 9174380 09 02067 2008 MAHMS8RXX P5100 R3805 9174385 09 01860 2006 MAHMS8RXX P5100 R3806 9174487 09 02067 2006 MAHMS8RXX P5100 R3808 9173663 09 06620 2006 MAHMS8RXX P5100 R3810 9173629 09 01346 2006 MAHMS8RXX P5100 R3811 9173938 09 01162 2006 MAHMS8RXX P5100 R3812 9173937 09 06620 2006 MAHMS8RXX P5100 R3813 9173627 09 01860 2006 MAHMS8RXX P5100 R3814 9173744 09 06620 2006 MAHMS8RXX P5100 R3815 9173861 09 01162 2006 MAHMS8RXX P5100 R3816 9173665 09 01162 2006 MAHMS8RXX P5100 R3817 9173863 09 01162 2006 MAHMS8RXX P5100 R3818 9173943 09 06620 2006 MAHMS8RXX P5100 R3819 9173632 09 01162 2006 MAHMS8RXX P5100 R3820 9173656 09 01162 2006 MAHMS8RXX P5100 R3822 9173865 09 06620 2006 MAHMS8RXX P5100 R3823 9174321 09 06611 2006 MAHMS8RXX P5100 R3824 9174213 09 01314 2006 MAHMS8RXX P5100 R3825 9174323 09 01314 2006 MAHMS8RXX P5100 R3826 9174316 09 01162 2006 MAHMS8RXX P5100 R3827 9174146 09 01162 2006 MAHMS8RXX P5100 R3828 9174210 09 01162 2006 MAHMS8RXX P5100 R3829 9174495 09 02051 2006 MAHMS8RXX P5100 R3830 9174381 09 01346 2006 MAHMS8RXX P5100 R3831 9174377 09 02090 2006 MAHMS8RXX P5100 R3832 9174382 09 01860 2008 MAHMS8RXX P5100 R3833 9174151 09 01346 2006 MAHMS8RXX P5100 R3834 9174491 09 02051 2006 MAHMS8RXX P5100 R3835 9174966 09 01351 2006 MAHMS8RXX P5100 R3837 9174972 09 01346 2006 MAHMS8RXX P5100 R3838 9174927 09 06611 2006 MAHMS8RXX P5100 R3848 9174970 09 06620 Confidential 12/18/2014 Page 8 Year Model Model Description Asset Serial Number Shop Area 2006 MAHMS8RXX P5100 R4000 9174318 09 01860 2006 MAHMS8RXX P5100 R4001 9174324 09 01877 2006 MAHMS8RXX P5100 R4002 9174325 09 01860 2006 MAHMS8RXX P5100 R4003 9174214 09 01860 2006 MAHMS8RXX P5100 R4004 9174207 09 01314 2006 MAHMS8RXX P5100 R4005 9174212 09 01314 2006 MAHMS8RXX P5100 R4006 9174150 09 01314 2006 MAHMS8RXX P5100 R4007 9174149 09 01331 2006 MAHMS8RXX P5100 R4008 9074793 09 01860 2005 MAHMS8RXX P5100 R4009 9174870 09 01860 2006 MAHMS8RXX P5100 R4011 9174788 09 06620 2006 MAHMS8RXX P5100 R4012 9174871 09 01341 2006 MAHMS8RXX P5100 R4014 9174786 09 01860 2006 MAHMS8RXX P5100 R4015 9174791 09 01860 2005 MAHMS8RXX P5100 R4016 9174837 09 01860 2006 MAHMS8RXX P5100 R4017 9174873 09 01860 2006 MAHMS8RXX P5100 R4018 9174867 09 06620 2006 MAHMS8RXX P5100 R4020 9174787 09 01860 2006 MAHMS8RXX P5100 R4021 9174790 09 01868 2005 MAHMS8RXX P5100 R4022 9174789 09 01868 2006 MAHMS8RXX P5100 R4056 9174794 09 02067 2006 MAHMS8RXX P5100 R4057 9174836 09 01860 2006 MAHMS8RXX P5100 R4058 9174792 09 01860 2006 MAHMS8RXX P5100 R4059 9173626 09 01351 2006 MAHMS8RXX P5100 R4060 9173628 09 01351 2006 MAHMS8RXX P5100 R4061 9173908 09 01351 2006 MAHMS8RXX P5100 R4062 9173940 09 01860 2005 MAHMS8RXX P5100 R4063 9173634 09 01860 2006 MAHMS8RXX P5100 R4064 9173907 09 01860 2006 MAHMS8RXX P5100 R4065 9173635 09 01860 2006 MAHMS8RXX P5100 R4067 9174795 09 01862 2006 MAHMS8RXX P5100 R4068 9174868 09 01860 2006 MAHMS8RXX P5100 R4069 9174860 09 01860 2006 MAHMS8RXX P5100 R4070 9174839 09 01860 2006 MAHMS8RXX P5100 R4071 9174874 09 01860 2006 MAHMS8RXX P5100 R4080 9152355 09 01342 2008 MAHMS8RXX P5100 R4083 9152351 09 06611 2006 MAHMS8RXX P5100 R4087 9152731 09 01341 2006 MAHMS8RXX P5100 R4090 9152610 09 02082 2006 MAHMS8RXX P5100 R4092 9152616 09 06611 2006 MAHMS8RXX P5100 R4099 9152531 09 02053 2006 MAHMS8RXX P5100 R4100 9173633 09 01860 2006 MAHMS8RXX P5100 R4102 9173941 09 02090 2006 MAHMS8RXX P5100 R4103 9174621 09 01860 2006 MAHMS8RXX P5100 R4104 9174620 09 01860 2006 MAHMS8RXX P5100 R4106 9174583 09 02090 2006 MAHMS8RXX P5100 R4107 9174624 09 01860 2006 MAHMS8RXX P5100 R4108 9174576 09 01860 2006 MAHMS8RXX P5100 R4109 9174584 09 01860 2006 MAHMS8RXX P5100 R4110 9174622 09 01860 2006 MAHMS8RXX P5100 R4111 9174625 09 01860 2006 MAHMS8RXX P5100 R4112 9174623 09 01372 2006 MAHMS8RXX P5100 R4113 9174813 09 02090 2006 MAHMS8RXX P5100 R4114 9174875 09 02176 2006 MAHMS8RXX P5100 R4115 9174585 09 02090 2006 MAHMS8RXX P5100 R4116 9174581 09 01351 2006 MAHMS8RXX P5100 R4117 9174814 09 01351 2006 MAHMS8RXX P5100 R4118 9174815 09 01351 2006 MAHMS8RXX P5100 R4119 9174580 09 01351 2006 MAHMS8RXX P5100 R4120 9174619 09 06620 2006 MAHMS8RXX P5100 R4121 9174577 09 01341 2006 MAHMS8RXX P5100 R4124 9172206 09 01341 2006 MAHMS8RXX P5100 R4125 9172233 09 02090 Confidential 12/18/2014 Page 9 2006 MAHMS8RXX P5100 R4126 9172204 09 06620 2006 MAHMS8RXX P5100 R4127 9174582 09 02090 2006 MAHMS8RXX P5100 R4128 9174855 09 02090 2006 MAHMS8RXX P5100 R4130 9174578 09 02090 2006 MAHMS8RXX P5100 R4131 9174616 09 02090 2006 MAHMS8RXX P5100 R4133 9174618 09 02090 2006 MAHMS8RXX P5100 R4134 9174102 09 01162 2006 MAHMS8RXX P5100 R4135 9174046 09 01162 2006 MAHMS8RXX P5100 R4136 9174096 09 01162 2006 MAHMS8RXX P5100 R4137 9174097 09 01162 2006 MAHMS8RXX P5100 R4138 9174056 09 01162 2006 MAHMS8RXX P5100 R4139 9174057 09 01162 2006 MAHMS8RXX P5100 R4140 9174062 09 01162 2006 MAHMS8RXX P5100 R4141 9174059 09 01162 2006 MAHMS8RXX P5100 R4142 9174062 09 01162 2006 MAHMS8RXX P5100 R4143 9174098 09 01351 2006 MAHMS8RXX P5100 R4145 9174061 09 06531 2008 MAHMS8RXX P5100 R4146 9174062 09 01162 2006 MAHMS8RXX P5100 R4147 9174104 09 06531 2006 MAHMS8RXX P5100 R4148 9174050 09 01162 2006 MAHMS8RXX P5100 R4149 9174405 09 01162 2006 MAHMS8RXX P5100 R4150 9174225 09 02053 2006 MAHMS8RXX P5100 R4151 9174404 09 01162 2006 MAHMS8RXX P5100 R4168 9174007 09 06531 2006 MAHMS8RXX P5100 R4172 9173972 09 01371 2006 MAHMS8RXX P5100 R4173 9173739 09 01371 2006 MAHMS8RXX P5100 R4174 9173969 09 01371 2006 MAHMS8RXX P5100 R4177 9174777 09 01371 2006 MAHMS8RXX P5100 R4178 9174850 09 02051 2006 MAHMS8RXX P5100 R4179 9174782 09 01860 2006 MAHMS8RXX P5100 R4180 9174779 09 02051 2006 MAHMS8RXX P5100 R4181 9174785 09 06531 2006 MAHMS8RXX P5100 R4190 9174418 09 06531 2006 MAHMS8RXX P5100 R4200 9174770 09 01333 2006 MAHMS8RXX P5100 R4201 9174955 09 02082 2008 MAHMS8RXX P5100 R4211 9174099 09 02051 2008 MAHMS8RXX P5100 R4212 9174064 09 02051 2008 MAHMS8RXX P5100 R4213 9174468 09 02051 2006 MAHMS8RXX P5100 R4218 9174469 09 06531 2008 MAHMS8RXX P5100 R4219 9174145 09 02051 2006 MAHMS8RXX P5100 R4231 9174008 09 06531 2006 MAHMS8RXX P5100 R4237 9152593 09 02090 2006 MAHMS8RXX P5100 R4238 9152614 09 06611 2006 MAHMS8RXX P5100 R4242 9112373 09 01351 2006 MAHMS8RXX P5100 R4245 9174847 09 06620 2006 MAHMS8RXX P5100 R4246 9174848 09 01860 2006 MAHMS8RXX P5100 R4248 9175008 09 06620 2006 MAHMS8RXX P5100 R4250 9174846 09 02053 2006 MAHMS8RXX P5100 R4255 9174183 09 06611 2006 MAHMS8RXX P5100 R4256 9174268 09 06611 2006 MAHMS8RXX P5100 R4257 9174752 09 06611 2008 MAHMS8RXX P5100 R4258 9174854 09 06531 2008 MAHMS8RXX P5100 R4259 9174784 09 06620 2008 MAHMS8RXX P5100 R4260 9175014 09 06620 2008 MAHMS8RXX P5100 R4261 9174781 09 06620 2008 MAHMS8RXX P5100 R4262 9174853 09 06620 2006 MAHMS8RXX P5100 R4270 9174983 09 01351 2006 MAHMS8RXX P5100 R4271 9174950 09 01333 2008 MAHMS8RXX P5100 R4272 9175006 09 06620 2006 MAHMS8RXX P5100 R4276 9174980 09 01333 2006 MAHMS8RXX P5100 R4277 9174976 09 01334 2008 MAHMS8RXX P5100 R4278 9174947 09 01860 2008 MAHMS8RXX P5100 R4279 9174982 09 06620 Confidential 12/18/2014 Page 10 2008 MAHMS8RXX P5100 R4280 9175009 09 06620 2008 MAHMS8RXX P5100 R4281 9174978 09 06620 2008 MAHMS8RXX P5100 R4282 9174949 09 01162 2008 MAHMS8RXX P5100 R4283 9174977 09 06620 2008 MAHMS8RXX P5100 R4284 9174954 09 01331 2008 MAHMS8RXX P5100 R4285 9174984 09 01162 2008 MAHMS8RXX P5100 R4286 9174953 09 06620 2008 MAHMS8RXX P5100 R4287 9174952 09 06620 2008 MAHMS8RXX P5100 R4288 9174979 09 06620 2008 MAHMS8RXX P5100 R4289 9174985 09 01162 2006 MAHMS8RXX P5100 R4304 9174461 09 01341 2006 MAHMS8RXX P5100 R4305 9174271 09 06620 2008 MAHMS8RXX P5100 R4307 9174780 09 06620 2008 MAHMS8RXX P5100 R4308 9174783 09 06620 2008 MAHMS8RXX P5100 R4309 9174811 09 06620 2008 MAHMS8RXX P5100 R4310 9174812 09 06620 2008 MAHMS8RXX P5100 R4311 9174184 09 06620 2006 MAHMS8RXX P5100 R4312 9174458 09 06531 2006 MAHMS8RXX P5100 R4313 9174462 09 06531 2006 MAHMS8RXX P5100 R4314 9174273 09 06531 2006 MAHMS8RXX P5100 R4315 9174464 09 06531 2006 MAHMS8RXX P5100 R4317 9174182 09 06531 2006 MAHMS8RXX P5100 R4318 9174272 09 06531 2006 MAHMS8RXX P5100 R4319 9174185 09 06531 2006 MAHMS8RXX P5100 R4360 9152596 09 02090 2006 MAHMS8RXX P5100 R4361 9152615 09 06620 2006 MAHMS8RXX P5100 R4363 9174958 09 01372 2006 MAHMS8RXX P5100 R4365 9174755 09 01372 2006 MAHMS8RXX P5100 R4366 9175033 09 01372 2006 MAHMS8RXX P5100 R4367 9174769 09 01372 2006 MAHMS8RXX P5100 R4368 9174775 09 01372 2006 MAHMS8RXX P5100 R4369 9175035 09 01372 2006 MAHMS8RXX P5100 R4370 9174768 09 06620 2006 MAHMS8RXX P5100 R4371 9174753 09 06620 2006 MAHMS8RXX P5100 R4372 9174754 09 01372 2006 MAHMS8RXX P5100 R4373 9174956 09 01372 2006 MAHMS8RXX P5100 R4374 9174773 09 02051 2006 MAHMS8RXX P5100 R4375 9174767 09 01372 2006 MAHMS8RXX P5100 R4376 9175032 09 01372 2006 MAHMS8RXX P5100 R4377 9174957 09 06620 2006 MAHMS8RXX P5100 R4380 9174751 09 01860 2005 MAHMS8RXX P5100 R4421 9174762 09 01371 2006 MAHMS8RXX P5100 R4422 9175021 09 06531 2006 MAHMS8RXX P5100 R4424 9175023 09 02082 2006 MAHMS8RXX P5100 R4425 9175022 09 06531 2006 MAHMS8RXX P5100 R4426 9175024 09 06531 2006 MAHMS8RXX P5100 R4427 9174761 09 06531 2006 MAHMS8RXX P5100 R4428 9174765 09 06531 2006 MAHMS8RXX P5100 R4429 9174763 09 06531 2006 MAHMS8RXX P5100 R4432 9175017 09 06531 2006 MAHMS8RXX P5100 R4433 9175020 09 06531 2005 MAHMS8RXX P5100 R4434 9174961 09 06531 2006 MAHMS8RXX P5100 R4435 9175016 09 06531 2006 MAHMS8RXX P5100 R4447 9174432 09 06531 2006 MAHMS8RXX P5100 R4449 9175030 09 06531 2006 MAHMS8RXX P5100 R4453 9174291 09 06531 2006 MAHMS8RXX P5100 R4454 9174290 09 01345 2006 MAHMS8RXX P5100 R4455 9174434 09 06531 2006 MAHMS8RXX P5100 R4456 9174426 09 06531 2006 MAHMS8RXX P5100 R4457 9175027 09 06531 2006 MAHMS8RXX P5100 R4458 9174294 09 06620 2006 MAHMS8RXX P5100 R4459 9174433 09 02051 2006 MAHMS8RXX P5100 R4460 9174429 09 06531 Confidential 12/18/2014 Page 11 2006 MAHMS8RXX P5100 R4461 9174430 09 06531 2006 MAHMS8RXX P5100 R4462 9175028 09 06531 2006 MAHMS8RXX P5100 R4463 9174289 09 06531 2006 MAHMS8RXX P5100 R4464 9174110 09 01804 2006 MAHMS8RXX P5100 R4450 9174295 02051 2008 MAHMS8RXX P5100 R4497 9174143 09 06620 2008 MAHMS8RXX P5100 R4153 9174420 09 06620 2008 MAHMS8RXX P5100 R4154 9174401 09 06620 2008 MAHMS8RXX P5100 R4155 9174221 09 06620 2008 MAHMS8RXX P5100 R4156 9174397 09 06620 2008 MAHMS8RXX P5100 R4157 9174216 09 06620 2008 MAHMS8RXX P5100 R4158 9174224 09 06620 2008 MAHMS8RXX P5100 R4159 9174178 09 06620 2008 MAHMS8RXX P5100 R4160 9174403 09 06620 2008 MAHMS8RXX P5100 R4161 9174179 09 06620 2008 MAHMS8RXX P5100 R4164 9174231 09 06620 2008 MAHMS8RXX P5100 R4165 9174219 09 06620 2008 MAHMS8RXX P5100 R4166 9174398 09 06620 2008 MAHMS8RXX P5100 R4170 9173973 09 06620 2008 MAHMS8RXX P5100 R4171 9173967 09 06620 2008 MAHMS8RXX P5100 R4184 9174142 09 06620 2008 MAHMS8RXX P5100 R4186 9174139 09 06620 2008 MAHMS8RXX P5100 R4187 9174467 09 06620 2008 MAHMS8RXX P5100 R4188 9174416 09 06620 2008 MAHMS8RXX P5100 R4192 9174419 09 06620 2008 MAHMS8RXX P5100 R4193 9174420 09 06620 2008 MAHMS8RXX P5100 R4195 9174144 09 06620 2008 MAHMS8RXX P5100 R4198 9174138 09 06620 2008 MAHMS8RXX P5100 R4199 9174424 09 06620 2008 MAHMS8RXX P5100 R4204 9174177 09 06620 2008 MAHMS8RXX P5100 R4205 9174399 09 06620 2008 MAHMS8RXX P5100 R4206 9174217 09 06620 2008 MAHMS8RXX P5100 R4207 9174180 09 06620 2008 MAHMS8RXX P5100 R4209 9174399 09 06620 2008 MAHMS8RXX P5100 R4216 9174103 09 06620 2006 MAHMS8RXX P5100 R3950 9072796 09 06611 2008 MAHMS8RXX P5100 R3846 9174926 09 06620 2008 MAHMS8RXX P5100 R3855 9174933 09 06620 2008 MAHMS8RXX P5100 R3856 9174747 09 06620 2008 MAHMS8RXX P5100 R3857 9174749 09 06620 2008 MAHMS8RXX P5100 R3858 9174928 09 06620 2008 MAHMS8RXX P5100 R3782 9173658 09 06620 2012 MAEVS7HXX P7350 R5145 A40121006A60 09 01162 2012 MAEVS7HXX P7350 R5146 A40121006A5F 09 01162 2012 MAEVS7HXX P7350 R5147 A40121006A5D 09 01162 2012 MAEVS7HXX P7350 R5148 A40121006872 09 01162 2012 MAEVS7HXX P7350 R5149 A40121006A5C 09 01162 2012 MAEVS7HXX P7350 R5150 A40121006811 09 01162 2012 MAEVS7HXX P7350 R5153 A40121006B6E 09 01162 2012 MAEVS7HXX P7350 R5154 A40121006817 09 01162 2012 MAEVS7HXX P7350 R5155 A40121006B18 09 01162 2012 MAEVS7HXX P7350 R5156 A40121006814 09 01162 2012 MAEVS7HXX P7350 R5157 A40121006812 09 01162 2012 MAEVS7HXX P7350 R5158 A40121006813 09 01162 2012 MAEVS7HXX P7350 R5159 A40121006815 09 01162 2012 MAEVS7HXX P7350 R5160 A40121006B6C 09 01162 2012 MAEVS7HXX P7350 R5161 A40121006B6F 09 01162 2012 MAEVS7HXX P7350 R5162 A40121006816 09 01162 2012 MAEVS7HXX P7350 R5163 A40121006819 09 01162 2012 MAEVS7HXX P7350 R5164 A40121006873 09 01162 2012 MAEVS7HXX P7350 R5165 A40121006B6A 09 01162 2012 MAEVS7HXX P7350 R5166 A40121006871 09 01162 2012 MAEVS7HXX P7350 R5167 A40121006870 09 01162 Confidential 12/18/2014 Page 12 Year Model Model Description Asset Serial Number Shop Area 2012 MAEVS7HXX P7350 R5168 A40121006B6D 09 01162 2012 MAEVS7HXX P7350 R5169 A40121006B6B 09 01162 2012 MAEVS7HXX P7350 R5170 A40121006AB2 09 01162 2012 MAEVS7HXX P7350 R5171 A40121006AB3 09 01162 2012 MAEVS7HXX P7350 R5172 A40121006AAD 09 01162 2012 MAEVS7HXX P7350 R5173 A40121006AB0 09 01162 2012 MAEVS7HXX P7350 R5174 A40121006AAC 09 01162 2012 MAEVS7HXX P7350 R5175 A40121006AD6 09 01162 2012 MAEVS7HXX P7350 R5176 A40121006AB4 09 01162 2012 MAEVS7HXX P7350 R5177 A40121006AAF 09 01162 2012 MAEVS7HXX P7350 R5178 A40121006AB5 09 01162 2012 MAEVS7HXX P7350 R5179 A40121006AD8 09 01162 2012 MAEVS7HXX P7350 R5180 A40121006AD7 09 01162 2012 MAEVS7HXX P7350 R5181 A40121006ADB 09 01162 2012 MAEVS7HXX P7350 R5182 A40121006ADC 09 01162 2012 MAEVS7HXX P7350 R5183 A40121006AD4 09 01162 2012 MAEVS7HXX P7350 R5184 A40121006AD5 09 01162 2012 MAEVS7HXX P7350 R5185 A40121006ABF 09 01162 2012 MAEVS7HXX P7350 R5186 A40121006AAE 09 01162 2012 MAEVS7HXX P7350 R5187 A40121006ADD 09 01162 2012 MAEVS7HXX P7350 R5188 A40121006ADA 09 01162 2012 MAEVS7HXX P7350 R5189 A40121006AB1 09 01162 2012 MAEVS7HXX P7350 R5190 A40121006ABD 09 01162 2012 MAEVS7HXX P7350 R5191 A40121006ABB 09 01162 2012 MAEVS7HXX P7350 R5192 A40121006ABE 09 01162 2012 MAEVS7HXX P7350 R5193 A40121006ABC 09 01162 2012 MAEVS7HXX P7350 R5194 A40121006AD9 09 01162 2012 MAEVS7HXX P7350 R5195 A40121006B0F 09 01162 2012 MAEVS7HXX P7350 R5196 A40121006A48 09 01162 2012 MAEVS7HXX P7350 R5197 A40121006B0A 09 01162 2012 MAEVS7HXX P7350 R5198 A40121006AD0 09 01162 2012 MAEVS7HXX P7350 R5199 A40121006B09 09 01162 2012 MAEVS7HXX P7350 R5200 A40121006ACB 09 01162 2012 MAEVS7HXX P7350 R5201 A40121006ACC 09 01162 2012 MAEVS7HXX P7350 R5202 A40121006AD2 09 01162 2012 MAEVS7HXX P7350 R5203 A40121006C82 09 01162 2012 MAEVS7HXX P7350 R5204 A40121006A49 09 01162 2012 MAEVS7HXX P7350 R5205 A40121006B08 09 01162 2012 MAEVS7HXX P7350 R5206 A40121006B07 09 01162 2012 MAEVS7HXX P7350 R5207 A40121006B06 09 01162 2012 MAEVS7HXX P7350 R5208 A40121006CAA 09 01162 2012 MAEVS7HXX P7350 R5209 A40121006CAB 09 01162 2012 MAEVS7HXX P7350 R5210 A40121006CAD 09 01162 2012 MAEVS7HXX P7350 R5211 A40121006BB4 09 01162 2012 MAEVS7HXX P7350 R5212 A40121006BB6 09 01162 2012 MAEVS7HXX P7350 R5213 A40121006CAE 09 01162 2012 MAEVS7HXX P7350 R5214 A40121006BB3 09 01162 2012 MAEVS7HXX P7350 R5215 A40121006CAC 09 01162 2012 MAEVS7HXX P7350 R5216 A40121006BB0 09 01162 2012 MAEVS7HXX P7350 R5217 A40121006BB2 09 01162 2012 MAEVS7HXX P7350 R5218 A40121006C87 09 01162 2012 MAEVS7HXX P7350 R5219 A40121006C8A 09 01162 2012 MAEVS7HXX P7350 R5220 A40121006BB1 09 01162 2012 MAEVS7HXX P7350 R5221 A40121006C8B 09 01162 2012 MAEVS7HXX P7350 R5222 A40121006CB3 09 01162 2012 MAEVS7HXX P7350 R5223 A40121006CB0 09 01162 2012 MAEVS7HXX P7350 R5224 A40121006C88 09 01162 2012 MAEVS7HXX P7350 R5225 A40121006C89 09 01162 2012 MAEVS7HXX P7350 R5226 A40121006CAF 09 01162 2012 MAEVS7HXX P7350 R5227 A40121006BB9 09 01162 2012 MAEVS7HXX P7350 R5228 A40121006BB7 09 01162 2012 MAEVS7HXX P7350 R5229 A40121006CB1 09 01162 2012 MAEVS7HXX P7350 R5230 A40121006CB2 09 01162 Confidential 12/18/2014 Page 13 2012 MAEVS7HXX P7350 R5231 A40121006BB8 09 01162 2012 MAEVS7HXX P7350 R5232 A40121006BB5 09 01162 2012 MAEVS7HXX P7350 R5233 A40121006A76 09 01162 2012 MAEVS7HXX P7350 R5234 A40121006A79 09 01162 2012 MAEVS7HXX P7350 R5235 A40121006924 09 01162 2012 MAEVS7HXX P7350 R5236 A40121006A3A 09 01162 2012 MAEVS7HXX P7350 R5237 A40121006920 09 01162 2012 MAEVS7HXX P7350 R5238 A40121006A70 09 01162 2012 MAEVS7HXX P7350 R5239 A40121006A77 09 01162 2012 MAEVS7HXX P7350 R5240 A401210064478 09 01162 2012 MAEVS7HXX P7350 R5241 A401210064475 09 01162 2012 MAEVS7HXX P7350 R5242 A40121006A39 09 01162 2012 MAEVS7HXX P7350 R5243 A40121006A72 09 01162 2012 MAEVS7HXX P7350 R5244 A40121006A74 09 01162 2012 MAEVS7HXX P7350 R5245 A40121006921 09 01162 2012 MAEVS7HXX P7350 R5246 A40121006A71 09 01162 2012 MAEVS7HXX P7350 R5247 A40121006A73 09 01162 2012 MAEVS7HXX P7350 R5248 A4012100691C 09 01162 2012 MAEVS7HXX P7350 R5249 A40121006923 09 01162 2012 MAEVS7HXX P7350 R5250 A4012100691E 09 01162 2012 MAEVS7HXX P7350 R5251 A40121006925 09 01162 2012 MAEVS7HXX P7350 R5252 A40121006922 09 01162 2012 MAEVS7HXX P7350 R5253 A4012100691D 09 01162 2012 MAEVS7HXX P7350 R5254 A40121006A3D 09 01162 2012 MAEVS7HXX P7350 R5255 A40121006A3B 09 01162 2012 MAEVS7HXX P7350 R5256 A4012100691F 09 01162 2012 MAEVS7HXX P7350 R5257 A40121006A3C 09 01162 2012 MAEVS7HXX P7350 R5258 A40121006B4C 09 01162 2012 MAEVS7HXX P7350 R5259 A40121006B57 09 01162 2012 MAEVS7HXX P7350 R5260 A40121006B51 09 01162 2012 MAEVS7HXX P7350 R5261 A40121006AE0 09 01162 2012 MAEVS7HXX P7350 R5262 A40121006B50 09 01162 2012 MAEVS7HXX P7350 R5263 A40121006B53 09 01162 2012 MAEVS7HXX P7350 R5264 A40121006B55 09 01162 2012 MAEVS7HXX P7350 R5265 A40121006B4E 09 01162 2012 MAEVS7HXX P7350 R5266 A40121006B52 09 01162 2012 MAEVS7HXX P7350 R5267 A40121006B5C 09 01162 2012 MAEVS7HXX P7350 R5268 A40121006B59 09 01162 2012 MAEVS7HXX P7350 R5269 A40121006B4D 09 01162 2012 MAEVS7HXX P7350 R5270 A40121006B56 09 01162 2012 MAEVS7HXX P7350 R5271 A40121006B5A 09 01162 2012 MAEVS7HXX P7350 R5272 A40121006B5B 09 01162 2012 MAEVS7HXX P7350 R5273 A40121006B58 09 01162 2012 MAEVS7HXX P7350 R5274 A40121006B5D 09 01162 2012 MAEVS7HXX P7350 R5275 A40121006B5F 09 01162 2012 MAEVS7HXX P7350 R5276 A40121006B5E 09 01162 2012 MAEVS7HXX P7350 R5277 A40121006ADF 09 01162 2012 MAEVS7HXX P7350 R5278 A40121006ADE 09 01162 2012 MAEVS7HXX P7350 R5280 A40121006B4F 09 01162 2012 MAEVS7HXX P7350 R5281 A40121006AE1 09 01162 2012 MAEVS7HXX P7350 R5282 A40121006AE2 09 01162 2012 MAEVS7HXX P7350 R5283 A40121006A84 09 01162 2012 MAEVS7HXX P7350 R5284 A40121006A89 09 01162 2012 MAEVS7HXX P7350 R5285 A40121006A88 09 01162 2012 MAEVS7HXX P7350 R5286 A40121006A87 09 01162 2012 MAEVS7HXX P7350 R5287 A40121006B41 09 01162 2012 MAEVS7HXX P7350 R5288 A40121006AA9 09 01162 2012 MAEVS7HXX P7350 R5289 A40121006A8A 09 01162 2012 MAEVS7HXX P7350 R5290 A40121006AD3 09 01162 2012 MAEVS7HXX P7350 R5291 A40121006B3E 09 01162 2012 MAEVS7HXX P7350 R5292 A40121006AE7 09 01162 2012 MAEVS7HXX P7350 R5293 A40121006B3C 09 01162 2012 MAEVS7HXX P7350 R5294 A40121006A8D 09 01162 Confidential 12/18/2014 Page 14 2012 MAEVS7HXX P7350 R5295 A40121006A85 2012 MAEVS7HXX P7350 R5296 A40121006B40 2012 MAEVS7HXX P7350 R5297 A40121006AE6 2012 MAEVS7HXX P7350 R5298 A40121006B3A 2012 MAEVS7HXX P7350 R5299 A401210064E5 2012 MAEVS7HXX P7350 R5300 A40121006B38 2012 MAEVS7HXX P7350 R5301 A40121006A8B 2012 MAEVS7HXX P7350 R5302 A40121006B3B 2012 MAEVS7HXX P7350 R5303 A40121006AE4 2012 MAEVS7HXX P7350 R5304 A40121006C49 2012 MAEVS7HXX P7350 R5305 A40121006AE3 2012 MAEVS7HXX P7350 R5306 A40121006A86 2012 MAEVS7HXX P7350 R5307 A40121006B39 2012 MAEVS7HXX P7350 R5308 A40121006A9B 2012 MAEVS7HXX P7350 R5309 A40121006A98 2012 MAEVS7HXX P7350 R5310 A40121006A97 2012 MAEVS7HXX P7350 R5311 A40121006A9C 2012 MAEVS7HXX P7350 R5312 A40121006A8F 2012 MAEV37HXX P7350 R5313 A40121006A9A 2012 MAEVS7HXX P7350 R5314 A40121006A51 2012 MAEVS7HXX P7350 R5315 A40121006A93 2012 MAEVS7HXX P7350 R5316 A40121006A4F 2012 MAEVS7HXX P7350 R5317 A40121006A4D 2012 MAEVS7HXX P7350 R5318 A40121006A92 2012 MAEVS7HXX P7350 R5319 A40121006A95 2012 MAEVS7HXX P7350 R5320 A40121006A90 2012 MAEVS7HXX P7350 R5321 A40121006A91 2012 MAEVS7HXX P7350 R5322 A40121006A94 2012 MAEVS7HXX P7350 R5323 A401210064499 2012 MAEVS7HXX P7350 R5324 A40121006A13 2012 MAEVS7HXX P7350 R5325 A40121006Al2 2012 MAEVS7HXX P7350 R5326 A40121006A8E 2012 MAEVS7HXX P7350 R5327 A40121006A96 2012 MAEVS7HXX P7350 R5328 A40121006AA1 2012 MAEVS7HXX P7350 R5329 A40121006A9F 2012 MAEVS7HXX P7350 R5330 A40121006AA0 2012 MAEVS7HXX P7350 R5331 A40121006A9D 2012 MAEVS7HXX P7350 R5332 A40121006A9E 2012 MAEVS7HXX P7350 R5333 A40121006CD9 2012 MAEVS7HXX P7350 R5334 A40121006CD6 2012 MAEVS7HXX P7350 R5335 A40121006CD8 2012 MAEVS7HXX P7350 R5336 A40121006CDA 2012 MAEVS7HXX P7350 R5337 A4012106CD5 2012 MAEVS7HXX P7350 R5338 A40121006CD4 2012 MAEVS7HXX P7350 R5339 A40121006CD7 2012 MAEVS7HXX P7350 R5340 A40121006CD8 2012 MAEVS7HXX P7350 R5341 A40121006C86 2012 MAEVS7HXX P7350 R5342 A40121006C4F 2012 MAEVS7HXX P7350 R5343 A40121006C4E 2012 MAEVS7HXX P7350 R5344 A40121006C84 2012 MAEVS7HXX P7350 R5345 A40121006B0B 2012 MAEVS7HXX P7350 R5346 A40121006C83 2012 MAEVS7HXX P7350 R5347 A40121006B3D 2012 MAEVS7HXX P7350 R5348 A40121006C4C 2012 MAEVS7HXX P7350 R5349 A40121006C4D 2012 MAEVS7HXX P7350 R5350 A40121006C4A 2012 MAEVS7HXX P7350 R5351 A40121006CD3 2012 MAEVS7HXX P7350 R5352 A40121006CD2 2012 MAEVS7HXX P7350 R5353 A40121006C4B 2012 MAEVS7HXX P7350 R5354 A40121006C48 2012 MAEVS7HXX P7350 R5355 A40121006C85 2012 MAEVS7HXX P7350 R5356 A40121006C46 2012 MAEVS7HXX P7350 R5357 A40121006C47 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 Confidential 12/18/2014 Page 15 2012 MAEVS7HXX P7350 R5358 2012 MAEVS7HXX P7350 R5359 2012 MAEVS7HXX P7350 R5360 2012 MAEVS7HXX P7350 R5361 2012 MAEVS7HXX P7350 R5362 2012 MAEVS7HXX P7350 R5363 2012 MAEVS7HXX P7350 R5364 2012 MAEVS7HXX P7350 R5365 2012 MAEVS7HXX P7350 R5366 2012 MAEVS7HXX P7350 R5367 2012 MAEVS7HXX P7350 R5368 2012 MAEVS7HXX P7350 R5369 2012 MAEVS7HXX P7350 R5370 2012 MAEVS7HXX P7350 R5371 2012 MAEVS7HXX P7350 R5372 2012 MAEVS7HXX P7350 R5373 2012 MAEVS7HXX P7350 R5374 2012 MAEV37HXX P7350 R5375 2012 MAEVS7HXX P7350 R5376 2012 MAEVS7HXX P7350 R5377 2012 MAEVS7HXX P7350 R5378 2012 MAEVS7HXX P7350 R5379 2012 MAEVS7HXX P7350 R5380 2012 MAEVS7HXX P7350 R5381 2012 MAEVS7HXX P7350 R5382 2012 MAEVS7HXX P7350 R5383 2012 MAEVS7HXX P7350 R5384 2012 MAEVS7HXX P7350 R5385 2012 MAEVS7HXX P7350 R5386 2012 MAEVS7HXX P7350 R5387 2012 MAEVS7HXX P7350 R5388 2012 MAEVS7HXX P7350 R5389 2012 MAEVS7HXX P7350 R5390 2012 MAEVS7HXX P7350 R5391 2012 MAEVS7HXX P7350 R5392 2012 MAEVS7HXX P7350 R5393 2012 MAEVS7HXX P7350 R5394 2012 MAEVS7HXX P7350 R5395 2012 MAEVS7HXX P7350 R5396 2012 MAEVS7HXX P7350 R5397 2012 MAEVS7HXX P7350 R5398 2012 MAEVS7HXX P7350 R5399 2012 MAEVS7HXX P7350 R5400 2012 MAEVS7HXX P7350 R5401 2012 MAEVS7HXX P7350 R5402 2012 MAEVS7HXX P7350 R5403 2012 MAEVS7HXX P7350 R5404 2012 MAEVS7HXX P7350 R5405 2012 MAEVS7HXX P7350 R5406 2012 MAEVS7HXX P7350 R5407 2012 MAEVS7HXX P7350 R5408 2012 MAEVS7HXX P7350 R5409 2012 MAEVS7HXX P7350 R5410 2012 MAEVS7HXX P7350 R5411 2012 MAEVS7HXX P7350 R5412 2012 MAEVS7HXX P7350 R5413 2012 MAEVS7HXX P7350 R5414 2012 MAEVS7HXX P7350 R5415 2012 MAEVS7HXX P7350 R5416 2012 MAEVS7HXX P7350 R5417 2012 MAEVS7HXX P7350 R5418 2012 MAEVS7HXX P7350 R5419 2012 MAEVS7HXX P7350 R5420 A40121006AF1 A40121006AEA A40121006AF0 A40121006AE9 A40121006AEE A40121006459 A40121006AED A40121006AEC A40121006A52 A40121006456 A40121006457 A40121006A5A A40121006AEF A40121006AE8 A40121006A5B A40121006A63 A40121006A53 A40121006A58 A40121006AEB A40121006455 A40121006465 A40121006A61 A40121006A54 A40121006A64 A40121006A62 A40121006868 A4012100686D A40121006870 A4012100686F A4012100697F A40121006A0E A40121006A0D A40121006869 A40121006977 A4012100686E A4012100697D A4012100697B A40121006979 A40121006978 A40121006871 A4012100697A A4012100697E A40121006A0C A4012100697C A4012100686A A40121006A0F A4012100686C A4012100686B A40121006A10 A40121006976 A40121006AA6 A40121006B2F A40121006B32 A40121006AA7 A40121006411 A40121006B35 A40121006B2E A40121006B33 A40121006AAB A40121006AB7 A40121006B37 A40121006AA3 A40121006B31 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 Confidential 12/18/2014 Page 16 2012 MAEVS7HXX P7350 R5421 A40121006B36 09 01162 2012 MAEVS7HXX P7350 R5422 A40121006AA4 09 01162 2012 MAEVS7HXX P7350 R5423 A40121006AA5 09 01162 2012 MAEVS7HXX P7350 R5424 A40121006B30 09 01162 2012 MAEVS7HXX P7350 R5425 A40121006B34 09 01162 2012 MAEVS7HXX P7350 R5426 A40121006AA2 09 01162 2012 MAEVS7HXX P7350 R5427 A40121006AAA 09 01162 2012 MAEVS7HXX P7350 R5428 A40121006AB8 09 01162 2012 MAEVS7HXX P7350 R5429 A40121006B3F 09 01162 2012 MAEVS7HXX P7350 R5430 A40121006A8C 09 01162 2012 MAEVS7HXX P7350 R5431 A40121006ABA 09 01162 2012 MAEVS7HXX P7350 R5432 A40121006AA8 09 01162 2012 MAEVS7HXX P7350 R5433 A40121006ACF 09 01162 2012 MAEVS7HXX P7350 R5434 A40121006AD1 09 01162 2012 MAEVS7HXX P7350 R5435 A40121006AB9 09 01162 2012 MAEVS7HXX P7350 R5436 A40121006B0C 09 01162 2012 MAEVS7HXX P7350 R5437 A40121006B0D 09 01162 2012 MAEVS7HXX P7350 R5438 A40121006B0E 09 01162 2012 MAEVS7HXX P7350 R5439 A40121006A4A 09 01162 2012 MAEVS7HXX P7350 R5440 A40121006A4B 09 01162 2012 MAEVS7HXX P7350 R5441 A40121006A4C 09 01162 2012 MAEVS7HXX P7350 R5442 A40121006ACA 09 01162 2012 MAEVS7HXX P7350 R5443 A40121006ACD 09 01162 2012 MAEVS7HXX P7350 R5444 A40121006ACE 09 01162 Portables Total: 978 2003 HB8MPXE M7100 R3335 9798982 09 06620 2003 HB8MPXE M7100 R3348 9799749 09 01162 2003 HB8MPXE M7100 R3352 9799737 09 06620 2003 HB8MPXE M7100 R3354 9799637 09 06620 2003 HB8MPXE M7100 R3358 9799715 09 06620 2003 HB8MPXE M7100 R3363 9798770 09 06620 2003 HB8MPXE M7100 R3364 9799831 09 06620 2003 HB8MPXE M7100 R3369 9800192 09 06620 2003 HB8MPXE M7100 R3372 9798969 09 01162 2003 HB8MPXE M7100 R3374 979797 09 01162 2003 D28MPX M7100 R3228 17993099 09 06620 2003 D28MPX M7100 R3229 17993094 09 06620 2003 D28MPX M7100 R3231 17993095 09 06620 2003 D28MPX M7100 R3232 17993098 09 06620 2003 D28MPX M7100 R3272 17993090 09 06620 2003 D28MPX M7100 R3274 17993093 09 06620 2003 D28MPX M7100 R3281 23504571 09 06620 2003 D28MPX M7100 R3282 23504575 09 06620 2003 D28MPX M7100 R3288 23504578 09 06620 2003 D28MPX M7100 R3290 23504765 09 06620 2003 D28MPX M7100 R3293 23504758 09 06620 2003 D28MPX M7100 R3295 23504772 09 01162 2003 D28MPX M7100 R3302 23504771 09 06620 2003 D28MPX M7100 R3307 23504781 09 01162 2003 D28MPX M7100 R3309 23504759 09 06620 2003 D28MPX M7100 R3313 23504761 09 06620 2003 D28MPX M7100 R3320 23504830 09 06620 2003 D28MPX M7100 R3321 23504829 09 06620 2003 D28MPX M7100 R3322 23504828 09 06620 2004 D28MPX M7100 R3462 23505076 09 06620 2004 D28MPX M7100 R3464 23505078 09 06620 2004 D28MPX M7100 R3470 23505084 09 06620 2004 D28MPX M7100 R3472 23505086 09 06620 2004 D28MPX M7100 R3475 23505089 09 06620 2004 D28MPX M7100 R3476 23505090 09 06620 2004 D28MPX M7100 R3481 23505095 09 06620 Confidential 12/18/2014 Page 17 2004 D28MPX M7100 R3482 23505096 09 06620 2004 D28MPX M7100 R3484 23505098 09 01162 2005 D28MPX M7100 R3537 23505293 09 06620 2005 D28MPX M7100 R3538 23505294 09 06620 2005 D28MPX M7100 R3540 23505296 09 06620 2005 D28MPX M7100 R3542 23505298 09 06620 2005 D28MPX M7100 R3543 23505299 09 06620 2005 D28MPX M7100 R3545 23505301 09 06620 2005 D28MPX M7100 R3546 23505302 09 06620 2005 D28MPX M7100 R3547 23505303 09 06620 2005 D28MPX M7100 R3548 23505304 09 01162 2005 D28MPX M7100 R3549 23505305 09 02087 2005 D28MPX M7100 R3550 23505306 09 06620 2005 D28MPX M7100 R3551 23503603 09 01162 2005 D28MPX M7100 R3553 23505326 09 06620 2005 D28MPX M7100 R3557 23505330 09 06620 2005 D28MPX M7100 R3559 23505332 09 06620 2005 D28MPX M7100 R3564 23505337 09 06620 2005 D28MPX M7100 R3569 23505342 09 01162 2005 D28MPX M7100 R3572 23505345 09 06620 2005 D28MPX M7100 R3576 23505349 09 06620 2005 D28MPX M7100 R3579 23505354 09 01162 2005 MAHGS8MXX M7100 R3583 9038249 09 01162 2005 MAHGS8MXX M7100 R3584 9038250 09 01162 2005 MAHGS8MXX M7100 R3585 9038246 09 01162 2006 MAHGS8MXX M7100 R3615 9040710 09 01162 2006 MAHGS8MXX M7100 R3616 9042161 09 01162 2006 MAHGS8MXX M7100 R3617 9042162 09 01162 2006 MAHGS8MXX M7100 R3618 9042163 09 01162 2006 MAHGS8MXX M7100 R3619 9042164 09 01162 2006 MAHGS8MXX M7100 R3620 9042165 09 01162 2006 MAHGS8MXX M7100 R3621 9042262 09 01162 2006 MAHGS8MXX M7100 R3622 9042264 09 01162 2006 MAHGS8MXX M7100 R3623 9042339 09 01162 2006 MAHGS8MXX M7100 R3624 9042337 09 01162 2006 MAHGS8MXX M7100 R3625 9042252 09 01162 2006 MAHGS8MXX M7100 R3626 9042340 09 01162 2006 MAHGS8MXX M7100 R3627 9042263 09 01162 2006 MAHGS8MXX M7100 R3630 9042254 09 01162 2006 MAHGS8MXX M7100 R3631 9042265 09 01162 2006 MAHGS8MXX M7100 R3632 9042338 09 01162 2006 MAHGS8MXX M7100 R3633 9042336 09 01162 2006 MAHGS8MXX M7100 R3634 9042253 09 01162 2006 MAHGS8MXX M7100 R3635 9042281 09 01162 2007 MAHGS8MXX M7100 R3689 9075393 09 01162 2007 MAHGS8MXX M7100 R3692 9075396 09 01162 2007 MAHGS8MXX M7100 R3693 9075397 09 01162 2007 MAHGS8MXX M7100 R3695 9075464 09 01162 2007 MAHGS8MXX M7100 R3696 9075465 09 01162 2007 MAHGS8MXX M7100 R3698 9075467 09 01162 2007 MAHGS8MXX M7100 R3699 9075473 09 01162 2007 MAHGS8MXX M7100 R3700 9075474 09 01162 2007 MAHGS8MXX M7100 R3701 9075475 09 01162 2007 MAHGS8MXX M7100 R3702 9075476 09 01162 2007 MAHGS8MXX M7100 R3703 9075477 09 01162 2007 MAHGS8MXX M7100 R3704 9075673 09 01162 2007 MAHGS8MXX M7100 R3705 9075674 09 01162 2007 MAHGS8MXX M7100 R3707 9075676 09 01162 2007 MAHGS8MXX M7100 R3708 9075677 09 01162 2007 MAHGS8MXX M7100 R3710 9075719 09 01162 2007 MAHGS8MXX M7100 R3711 9075720 09 01162 2007 MAHGS8MXX M7100 R3712 9075721 09 01162 2007 MAHGS8MXX M7100 R3713 9075722 09 02083 Confidential 12/18/2014 Page 18 2007 MAHGS8MXX M7100 R3717 9075816 09 01162 2007 MAHGS8MXX M7100 R3719 9075868 09 06620 2007 MAHGS8MXX M7100 R3721 9075870 09 01162 2007 MAHGS8MXX M7100 R3722 9075871 09 01162 2007 MAHGS8MXX M7100 R3725 9134253 09 01162 2008 MAHGS8MXX M7100 R3732 9073341 09 02084 2008 MAHGS8MXX M7100 R3734 9073310 09 06620 2008 MAHGS8MXX M7100 R3735 9073573 09 02043 2008 MAHGS8MXX M7100 R3736 9072577 09 02082 2008 MAHGS8MXX M7100 R3737 9071823 09 02083 2008 MAHGS8MXX M7100 R3739 9043934 09 01162 2008 MAHGS8MXX M7100 R3743 9073767 09 02082 2008 MAHGS8MXX M7100 R3744 9073577 09 02083 2008 MAHGS8MXX M7100 R3745 9043935 09 02087 2008 MAHGS8MXX M7100 R3746 9073311 09 02082 2008 MAHGS8MXX M7100 R3747 9073574 09 02041 2008 MAHGS8MXX M7100 R3748 9044031 09 02083 2008 MAHGS8MXX M7100 R3749 9043236 09 01162 2008 MAHGS8MXX M7100 R3750 9043933 09 02041 2008 MAHGS8MXX M7100 R3751 9043931 09 02082 2008 MAHGS8MXX M7100 R3752 9072573 09 02082 2008 MAHGS8MXX M7100 R3754 9043968 09 06620 2008 MAHGS8MXX M7100 R3755 9044069 09 02043 2008 MAHGS8MXX M7100 R3756 9073585 09 02082 2008 MAHGS8MXX M7100 R3758 9044068 09 02082 2008 MAHGS8MXX M7100 R3759 9043819 09 02082 2008 MAHGS8MXX M7100 R3760 9043853 09 02082 2006 MAHGS8MXX M7100 R3867 9043972 09 01162 2005 MAHGS8MXX M7100 R3868 9043041 09 02082 2005 MAHGS8MXX M7100 R3869 9044006 09 02084 2006 MAHGS8MXX M7100 R3870 9043043 09 02082 2006 MAHGS8MXX M7100 R3871 9043184 09 01162 2006 MAHGS8MXX M7100 R3872 9043180 09 02082 2006 MAHGS8MXX M7100 R3874 9071827 09 02084 2008 MAHGS8MXX M7100 R3876 9072761 09 01162 2006 MAHGS8MXX M7100 R3879 9073168 09 02084 2006 MAHGS8MXX M7100 R3880 9071826 09 02087 2006 MAHGS8MXX M7100 R3881 9072795 09 01860 2006 MAHGS8MXX M7100 R3882 9073032 09 06620 2008 MAHGS8MXX M7100 R3883 9073005 09 01162 2006 MAHGS8MXX M7100 R3886 9073172 09 02087 2006 MAHGS8MXX M7100 R3888 9073226 09 01162 2006 MAHGS8MXX M7100 R3889 9073224 09 01162 2006 MAHGS8MXX M7100 R3890 9073309 09 01162 2006 MAHGS8MXX M7100 R3891 9072755 09 01162 2008 MAHGS8MXX M7100 R3893 9073801 09 01162 2005 MAHGS8MXX M7100 R3897 9044067 09 02082 2006 MAHGS8MXX M7100 R3898 9043238 09 02082 2005 MAHGS8MXX M7100 R3899 9043970 09 01162 2006 MAHGS8MXX M7100 R3900 9044070 09 06620 2006 MAHGS8MXX M7100 R3901 9042148 09 02042 2005 MAHGS8MXX M7100 R3902 9042147 09 01162 2006 MAHGS8MXX M7100 R3903 9043969 09 02082 2006 MAHGS8MXX M7100 R3904 9043966 09 02082 2006 MAHGS8MXX M7100 R3905 9043851 09 02083 2006 MAHGS8MXX M7100 R3906 9043852 09 01162 2006 MAHGS8MXX M7100 R3909 9073072 09 01162 2006 MAHGS8MXX M7100 R3910 9042146 09 02041 2006 MAHGS8MXX M7100 R3911 9042149 09 02041 2006 MAHGS8MXX M7100 R3912 9043855 09 02041 2006 MAHGS8MXX M7100 R3913 9043181 09 02083 2006 MAHGS8MXX M7100 R3914 9043177 09 02042 2006 MAHGS8MXX M7100 R3915 9043337 09 02041 Confidential 12/18/2014 Page 19 2006 MAHGS8MXX M7100 R3916 9043973 09 02083 2006 MAHGS8MXX M7100 R3917 9043176 09 02089 2006 MAHGS8MXX M7100 R3918 9043237 09 02089 2006 MAHGS8MXX M7100 R3919 9042150 09 01162 2008 MAHGS8MXX M7100 R3920 9043975 09 01162 2008 MAHGS8MXX M7100 R3923 9043178 09 01162 2006 MAHGS8MXX M7100 R3924 9043239 09 02041 2006 MAHGS8MXX M7100 R3925 9043971 09 02043 2006 MAHGS8MXX M7100 R3926 9043182 09 06620 2006 MAHGS8MXX M7100 R3927 9043240 09 02083 2006 MAHGS8MXX M7100 R3928 9043185 09 02041 2006 MAHGS8MXX M7100 R3929 9043183 09 02082 2006 MAHGS8MXX M7100 R3930 9043042 09 02083 2006 MAHGS8MXX M7100 R3931 9044009 09 01162 2006 MAHGS8MXX M7100 R3932 9044008 09 02082 2006 MAHGS8MXX M7100 R3933 9044007 09 02083 2008 MAHGS8MXX M7100 R3936 9072762 09 01162 2006 MAHGS8MXX M7100 R3938 9072759 09 01860 2008 MAHGS8MXX M7100 R3940 9072758 09 01162 2006 MAHGS8MXX M7100 R3943 9073030 09 02083 2006 MAHGS8MXX M7100 R3945 9072794 09 01162 2008 MAHGS8MXX M7100 R3947 9073171 09 02083 2006 MAHGS8MXX M7100 R3948 9073170 09 01860 2006 MAHGS8MXX M7100 R3949 9073007 09 01860 2006 MAHGS8MXX M7100 R3952 9044033 09 01162 2006 MAHGS8MXX M7100 R3953 9043932 09 01314 2008 MAHGS8MXX M7100 R3958 9043118 09 01162 2008 MAHGS8MXX M7100 R3959 9043817 09 02082 2006 MAHGS8MXX M7100 R3960 9044024 09 01860 2006 MAHGS8MXX M7100 R3961 9043821 09 01860 2006 MAHGS8MXX M7100 R3962 9044032 09 01860 2008 MAHGS8MXX M7100 R3967 9044035 09 01162 2006 MAHGS8MXX M7100 R3969 9043822 09 01314 2008 MAHGS8MXX M7100 R3970 9072474 09 01162 2006 MAHGS8MXX M7100 R3973 9073763 09 01860 2006 MAHGS8MXX M7100 R3979 9043888 09 01860 2008 MAHGS8MXX M7100 R3980 9044000 09 01162 2008 MAHGS8MXX M7100 R3983 9043840 09 01162 2006 MAHGS8MXX M7100 R3984 9043828 09 01860 2006 MAHGS8MXX M7100 R3985 9043838 09 01860 2008 MAHGS8MXX M7100 R3986 9043827 09 01162 2008 MAHGS8MXX M7100 R3987 9074075 09 02088 2006 MAHGS8MXX M7100 R3988 9044074 09 02084 2006 MAHGS8MXX M7100 R3991 9043836 09 02083 2008 MAHGS8MXX M7100 R3992 9044073 09 02084 2005 MAHGS8MXX M7100 R4023 9072476 09 06620 2005 MAHGS8MXX M7100 R4024 9072206 09 01162 2005 MAHGS8MXX M7100 R4025 9071940 09 01162 2005 MAHGS8MXX M7100 R4030 9072059 09 01162 2005 MAHGS8MXX M7100 R4032 9073308 09 01162 2005 MAHGS8MXX M7100 R4034 9073770 09 01162 2005 MAHGS8MXX M7100 R4036 9072803 09 01162 2005 MAHGS8MXX M7100 R4041 9073338 09 01162 2005 MAHGS8MXX M7100 R4042 9073339 09 01162 2005 MAHGS8MXX M7100 R4043 9073659 09 06620 2005 MAHGS8MXX M7100 R4045 9073312 09 01162 2005 MAHGS8MXX M7100 R4047 9072477 09 01162 2008 MAHGS8MXX M7100 R4048 9072804 09 01162 2005 MAHGS8MXX M7100 R4049 9073768 09 01162 2005 MAHGS8MXX M7100 R4050 9043184 09 01162 2005 MAHGS8MXX M7100 R4051 9071939 09 01162 2006 MAHGS8MXX M7100 R4052 9072753 09 01162 2005 MAHGS8MXX M7100 R4055 9073800 09 06620 Confidential 12/18/2014 Page 20 2006 MAHGS8MXX M7100 R4176 9174776 09 01371 2008 MAHGS8MXX M7100 R4202 9073660 09 01162 2008 MAHGS8MXX M7100 R4203 9072805 09 01162 2008 MAHGS8MXX M7100 R4475 9211748 09 01162 2008 MAHGS8MXX M7100 R4476 9212327 09 06620 2008 MAHGS8MXX M7100 R4477 9212580 09 01162 2008 MAHGS8MXX M7100 R4478 9211751 09 06620 2008 MAHGS8MXX M7100 R4479 9212281 09 06620 2008 MAHGS8MXX M7100 R4480 9212278 09 01162 2008 MAHGS8MXX M7100 R4481 9211750 09 01162 2008 MAHGS8MXX M7100 R4482 9212280 09 01162 2008 MAHGS8MXX M7100 R4483 9212329 09 01162 2008 MAHGS8MXX M7100 R4484 9211747 09 01162 2008 MAHGS8MXX M7100 R4485 9212581 09 01162 2008 MAHGS8MXX M7100 R4486 9212279 09 06620 2008 MAHGS8MXX M7100 R4487 9212277 09 01162 2008 MAHGS8MXX M7100 R4488 9212330 09 01162 2008 MAHGS8MXX M7100 R4489 9212331 09 06620 2008 MAHGS8MXX M7100 R4490 9212577 09 01162 2008 MAHGS8MXX M7100 R4491 9212328 09 01162 2008 MAHGS8MXX M7100 R4492 9212578 09 06620 2008 MAHGS8MXX M7100 R4493 9212579 09 01162 2008 MAHGS8MXX M7100 R4494 9210640 09 01162 2009 MAHGS8MXX M7100 R4495 9210639 09 01162 2009 MAHGS8MXX M7100 R4496 9210641 09 01162 2007 MAHGS8MXX M7100 R3718 9075817 06620 2008 MAHGS8MXX M7100 R3742 9072576 02082 2006 MAHGS8MXX M7100 R3972 9044021 01162 2012 MAMWSDMXX M7300 R5010 A4011E050074 09 01162 2012 MAMWSDMXX M7300 R5011 A4011E050160 09 01162 2012 MAMWSDMXX M7300 R5012 A4011E050902 09 01162 2012 MAMWSDMXX M7300 R5013 A4011E050072 09 01162 2012 MAMWSDMXX M7300 R5014 A4011E050071 09 01162 2012 MAMWSDMXX M7300 R5015 A4011E050270 09 01162 2012 MAMWSDMXX M7300 R5016 A4011E050027 09 01162 2012 MAMWSDMXX M7300 R5017 A4011 R050189 09 01162 2012 MAMWSDMXX M7300 R5019 A4011E050317 09 01162 2012 MAMWSDMXX M7300 R5020 A4011E050086 09 01162 2012 MAMWSDMXX M7300 R5021 A4011R050372 09 01162 2012 MAMWSDMXX M7300 R5022 A4011R050104 09 01162 2012 MAMWSDMXX M7300 R5023 A4011E050210 09 01162 2012 MAMWSDMXX M7300 R5024 A4011E050157 09 01162 2012 MAMWSDMXX M7300 R5025 A4011 E050146 09 01162 2012 MAMWSDMXX M7300 R5026 A4011 E050208 09 01162 2012 MAMWSDMXX M7300 R5027 A4011 E050190 09 01162 2012 MAMWSDMXX M7300 R5028 A4011 E050380 09 01162 2012 MAMWSDMXX M7300 R5029 A4011 E050193 09 01162 2012 MAMWSDMXX M7300 R5030 A4011 E050165 09 01162 2012 MAMWSDMXX M7300 R5031 A4011 E050156 09 01162 2012 MAMWSDMXX M7300 R5032 A4011 E050335 09 01162 2012 MAMWSDMXX M7300 R5033 A4011 E050334 09 01162 2012 MAMWSDMXX M7300 R5034 A4011 E050149 09 01162 2012 MAMWSDMXX M7300 R5035 A4011 E050316 09 01162 2012 MAMWSDMXX M7300 R5036 A4011 E050364 09 01162 2012 MAMWSDMXX M7300 R5037 A4011 E050148 09 01162 2012 MAMWSDMXX M7300 R5038 A4011 E050324 09 01162 2012 MAMWSDMXX M7300 R5039 A4011 E050207 09 01162 2012 MAMWSDMXX M7300 R5040 A4011 E050362 09 01162 2012 MAMWSDMXX M7300 R5041 A4011 E050105 09 01162 2012 MAMWSDMXX M7300 R5042 A4011 E050363 09 01162 2012 MAMWSDMXX M7300 R5043 A4011 E050323 09 01162 2012 MAMWSDMXX M7300 R5044 A4011 E050138 09 01162 2012 MAMWSDMXX M7300 R5045 A4011E050376 09 01162 Confidential 12/18/2014 Page 21 Year Model Model Description Asset Serial Number Shop Area 2012 MAMWSDMXX M7300 R5046 A4011E050325 09 01162 2012 MAMWSDMXX M7300 R5047 A4011E050321 09 01162 2012 MAMWSDMXX M7300 R5048 A4011E050333 09 01162 2012 MAMWSDMXX M7300 R5049 A4011E050164 09 01162 2012 MAMWSDMXX M7300 R5050 A4011E050904 09 01162 2012 MAMWSDMXX M7300 R5051 A4011 E050836 09 01162 2012 MAMWSDMXX M7300 R5052 A4011E050161 09 01162 2012 MAMWSDMXX M7300 R5053 A4011E050839 09 01162 2012 MAMWSDMXX M7300 R5054 A4011E050840 09 01162 2012 MAMWSDMXX M7300 R5055 A4011 R050905 09 01162 2012 MAMWSDMXX M7300 R5056 A4011E050923 09 01162 2012 MAMWSDMXX M7300 R5057 A4011E050878 09 01162 2012 MAMWSDMXX M7300 R5058 A4011E050837 09 01162 2012 MAMWSDMXX M7300 R5059 A4011E050838 09 01162 2012 MAMWSDMXX M7300 R5060 A4011E050679 09 01162 2012 MAMWSDMXX M7300 R5061 A4011E050880 09 01162 2012 MAMWSDMXX M7300 R5062 A4011E050876 09 01162 2012 MAMWSDMXX M7300 R5063 A4011E050933 09 01162 2012 MAMWSDMXX M7300 R5064 A4011E050935 09 01162 2012 MAMWSDMXX M7300 R5065 A4011E050903 09 01162 2012 MAMWSDMXX M7300 R5066 A4011E050879 09 01162 2012 MAMWSDMXX M7300 R5067 A4011E050901 09 01162 2012 MAMWSDMXX M7300 R5068 A4011E050934 09 01162 2012 MAMWSDMXX M7300 R5069 A4011E050877 09 01162 2012 MAMWSDMXX M7300 R5070 A4011E050925 09 01162 2012 MAMWSDMXX M7300 R5072 A4011 E050215 09 01162 2012 MAMWSDMXX M7300 R5073 A4011 E049962 09 01162 2012 MAMWSDMXX M7300 R5074 A4011 E050242 09 01162 2012 MAMWSDMXX M7300 R5075 A4011 E050057 09 01162 2012 MAMWSDMXX M7300 R5076 A4011E050029 09 01162 2012 MAMWSDMXX M7300 R5077 A4011 E050677 09 01162 2012 MAMWSDMXX M7300 R5078 A4011E050212 09 01162 2012 MAMWSDMXX M7300 R5079 A4011E050932 09 01162 2012 MAMWSDMXX M7300 R5080 A4011E050162 09 01162 2012 MAMWSDMXX M7300 R5081 A4011E050140 09 01162 2012 MAMWSDMXX M7300 R5082 A4011E050028 09 01162 2012 MAMWSDMXX M7300 R5083 A4011E050213 09 01162 2012 MAMWSDMXX M7300 R5084 A4011E050194 09 01162 2012 MAMWSDMXX M7300 R5085 A4011E050365 09 01162 2012 MAMWSDMXX M7300 R5086 A4011E050059 09 01162 2012 MAMWSDMXX M7300 R5087 A4011E050191 09 01162 2012 MAMWSDMXX M7300 R5088 A4011E050139 09 01162 2012 MAMWSDMXX M7300 R5089 A4011 E050150 09 01162 2012 MAMWSDMXX M7300 R5090 A4011E050136 09 01162 2012 MAMWSDMXX M7300 R5091 A4011 E050030 09 01162 2012 MAMWSDMXX M7300 R5092 A4011 E050377 09 01162 2012 MAMWSDMXX M7300 R5093 A4011 E050087 09 01162 2012 MAMWSDMXX M7300 R5094 A4011 E050211 09 01162 2012 MAMWSDMXX M7300 R5095 A4011 E050188 09 01162 2012 MAMWSDMXX M7300 R5096 A4011 E050159 09 01162 2012 MAMWSDMXX M7300 R5097 A4011E050158 09 01162 2012 MAMWSDMXX M7300 R5098 A4011 E050186 09 01162 2012 MAMWSDMXX M7300 R5099 A4011E050073 09 01162 2012 MAMWSDMXX M7300 R5100 A4011E050026 09 01162 2012 MAMWSDMXX M7300 R5101 A4011E050319 09 01162 2012 MAMWSDMXX M7300 R5102 A4011E050089 09 01162 2012 MAMWSDMXX M7300 R5103 A4011E050090 09 01162 2012 MAMWSDMXX M7300 R5104 A4011E050075 09 01162 2012 MAMWSDMXX M7300 R5105 A4011E050931 09 01162 2012 MAMWSDMXX M7300 R5107 A4011E050187 09 01162 2012 MAMWSDMXX M7300 R5108 A4011E050332 09 01162 2012 MAMWSDMXX M7300 R5109 A4011E050147 09 01162 2012 MAMWSDMXX M7300 R5110 A4011 E050379 09 01162 Confidential 12/18/2014 Page 22 Year Model Model Description Asset Serial Number Shop Area 2012 MAMWSDMXX M7300 R5111 A4011E050192 09 01162 2012 MAMWSDMXX M7300 R5112 A4011E050103 09 01162 2012 MAMWSDMXX M7300 R5113 A4011E050375 09 01162 2012 MAMWSDMXX M7300 R5114 A4011E050163 09 01162 2012 MAMWSDMXX M7300 R5115 A4011 E050371 09 01162 2012 MAMWSDMXX M7300 R5116 A4011 E050331 09 01162 2012 MAMWSDMXX M7300 R5117 A4011 E050088 09 01162 2012 MAMWSDMXX M7300 R5118 A4011E050206 09 01162 2012 MAMWSDMXX M7300 R5119 A4011E050137 09 01162 2012 MAMWSDMXX M7300 R5120 A4011E049963 09 01162 2012 MAMWSDMXX M7300 R5121 A4011E050373 09 01162 2012 MAMWSDMXX M7300 R5122 A4011E050214 09 01162 2012 MAMWSDMXX M7300 R5123 A4011E050056 09 01162 2012 MAMWSDMXX M7300 R5124 A4011 E050101 09 01162 2012 MAMWSDMXX M7300 R5125 A4011 E050195 09 01162 2012 MAMWSDMXX M7300 R5126 A4011 E050678 09 01162 2012 MAMWSDMXX M7300 R5127 A4011E050361 09 01162 2012 MAMWSDMXX M7300 R5128 A4011E050374 09 01162 2012 MAMWSDMXX M7300 R5129 A4011E049964 09 01162 2012 MAMWSDMXX M7300 R5130 A4011 E050924 09 01162 2012 MAMWSDMXX M7300 R5131 A4011E050245 09 01162 2012 MAMWSDMXX M7300 R5132 A4011E050241 09 01162 2012 MAMWSDMXX M7300 R5133 A4011E050102 09 01162 2012 MAMWSDMXX M7300 R5134 A4011E050244 09 01162 2012 MAMWSDMXX M7300 R5135 A4011E050322 09 01162 2012 MAMWSDMXX M7300 R5136 A4011E050676 09 01162 2012 MAMWSDMXX M7300 R5137 A4011E050209 09 01162 2012 MAMWSDMXX M7300 R5138 A4011E050060 09 01162 2012 MAMWSDMXX M7300 R5139 A4011E050378 09 01162 2012 MAMWSDMXX M7300 R5140 A4011 E050243 09 01162 2012 MAMWSDMXX M7300 R5141 A4011 E050680 09 01162 2012 MAMWSDMXX M7300 R5142 A4011 E049961 09 01162 2012 MAMWSDMXX M7300 R5143 A4011E050058 09 01162 2012 MAMWSDMXX M7300 R5144 A4011E050320 09 01162 Mobiles Total: 385 2003 MAHGN8MXX BASE STATION - M7100 R3285 23504778 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3877 9072806 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3878 9072807 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3887 9073031 09 02084 2006 MAHGN8MXX BASE STATION - M7100 R3922 9043974 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3956 9043825 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3957 9044025 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3963 9044023 09 01342 2006 MAHGN8MXX BASE STATION - M7100 R3964 9043823 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3965 9073764 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3966 9071825 09 02051 2006 MAHGN8MXX BASE STATION - M7100 R3971 9071824 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3974 9044034 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3976 9043890 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3982 9043837 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3989 9043839 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3990 9043830 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3993 9044072 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3994 9044071 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3995 9043829 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3996 9043997 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3997 9043996 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3998 9043998 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R4033 9073068 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R4474 9073658 09 01162 Desktop Total: 25 Confidential 12/18/2014 Page 23 Equipment: Portables Mobiles Desktop Station Unit Rate: Quantity Monthly Rate: 9.00 1015 9.00 385 9.00 25 9,135.00 3,465.00 225.00 Total Monthly Maintenance: $ 12,825.00 Total Annual Maintenance: Note: Please add or delete any item to this list so that every piece of equipment you would like covered for this contract year is included. Model By: Title: Date: Description Serial Number Authorized Signature Printed or Typed Name Annual Rate: 109,620.00 41,580.00 2,700.00 153,900.00 Confidential 12/18/2014 Page 24 Exhibit B Agreement # Customer #CLE110 7792 Professional Place Tampa, FL 33637 813-887-1888 Customer Details Site: City of Clearwater Bill To:City of Clearwater 1900 Grand Avenue 100 S. Myrtle Ave Clearwater, FL 33765 Clearwater, FL 33756 Document Details Contract # Purchase Order # Covered Period: 10/1/2017 to 9/30/2018 Equipment Covered Line Description Serial Number Comment 1 Harris P-7350 a40121006868 2 Harris P-7350 a40121006869 3 Harris P-7350 a4012100686a 4 Harris P-7350 a4012100686b 5 Harris P-7350 a4012100686c 6 Harris P-7350 a4012100686d 7 Harris P-7350 a4012100686e 8 Harris P-7350 a4012100686f 9 Harris P-7350 a40121006870 10 Harris P-7350 a40121006871 11 Harris P-7350 a4012100691c 12 Harris P-7350 a4012100691d 13 Harris P-7350 a4012100691e 14 Harris P-7350 a4012100691f 15 Harris P-7350 a40121006920 16 Harris P-7350 a40121006921 17 Harris P-7350 a40121006922 18 Harris P-7350 a40121006923 19 Harris P-7350 a40121006924 20 Harris P-7350 a40121006925 21 Harris P-7350 a40121006976 22 Harris P-7350 a40121006977 23 Harris P-7350 a40121006978 24 Harris P-7350 a40121006979 25 Harris P-7350 a4012100697a 26 Harris P-7350 a4012100697b 27 Harris P-7350 a4012100697c 28 Harris P-7350 a4012100697d 29 Harris P-7350 a4012100697e 30 Harris P-7350 a4012100697f 31 Harris P-7350 a40121006a0c 32 Harris P-7350 a40121006a0d 33 Harris P-7350 a40121006a0e 34 Harris P-7350 a40121006a0f 35 Harris P-7350 a40121006a10 36 Harris P-7350 a40121006a11 37 Harris P-7350 a40121006a12 38 Harris P-7350 a40121006a13 39 Harris P-7350 a40121006a39 40 Harris P-7350 a40121006a3a 41 Harris P-7350 a40121006a3b 42 Harris P-7350 a40121006a3c 43 Harris P-7350 a40121006a3d 44 Harris P-7350 a40121006a48 45 Harris P-7350 a40121006a4a 46 Harris P-7350 a40121006a4b 47 Harris P-7350 a40121006a4c 48 Harris P-7350 a40121006a4d 49 Harris P-7350 a40121006a4f 50 Harris P-7350 a40121006a51 51 Harris P-7350 a40121006a52 52 Harris P-7350 a40121006a53 53 Harris P-7350 a40121006a54 54 Harris P-7350 a40121006a55 55 Harris P-7350 a40121006a56 56 Harris P-7350 a40121006a57 57 Harris P-7350 a40121006a58 58 Harris P-7350 a40121006a59 59 Harris P-7350 a40121006a5a 60 Harris P-7350 a40121006a5b 61 Harris P-7350 a40121006a5c 62 Harris P-7350 a40121006a5d 63 Harris P-7350 a40121006a5e 64 Harris P-7350 a40121006a5f 65 Harris P-7350 a40121006a60 66 Harris P-7350 a40121006a61 67 Harris P-7350 a40121006a62 68 Harris P-7350 a40121006a63 69 Harris P-7350 a40121006a64 70 Harris P-7350 a40121006a65 71 Harris P-7350 a40121006a70 72 Harris P-7350 a40121006a71 73 Harris P-7350 a40121006a72 74 Harris P-7350 a40121006a73 75 Harris P-7350 a40121006a74 76 Harris P-7350 a40121006a75 77 Harris P-7350 a40121006a76 78 Harris P-7350 a40121006a77 79 Harris P-7350 a40121006a78 80 Harris P-7350 a40121006a79 81 Harris P-7350 a40121006a84 82 Harris P-7350 a40121006a85 83 Harris P-7350 a40121006a86 84 Harris P-7350 a40121006a87 85 Harris P-7350 a40121006a88 86 Harris P-7350 a40121006a89 87 Harris P-7350 a40121006a8a 88 Harris P-7350 a40121006a8b 89 Harris P-7350 a40121006a8c 90 Harris P-7350 a40121006a8d 91 Harris P-7350 a40121006a8e 92 Harris P-7350 a40121006a8f 93 Harris P-7350 a40121006a90 94 Harris P-7350 a40121006a91 95 Harris P-7350 a40121006a92 96 Harris P-7350 a40121006a93 97 Harris P-7350 a40121006a94 98 Harris P-7350 a40121006a95 99 Harris P-7350 a40121006a96 100 Harris P-7350 a40121006a97 101 Harris P-7350 a40121006a98 102 Harris P-7350 a40121006a99 103 Harris P-7350 a40121006a9a 104 Harris P-7350 a40121006a9b 105 Harris P-7350 a40121006a9c 106 Harris P-7350 a40121006a9d 107 Harris P-7350 a40121006a9e 108 Harris P-7350 a40121006a9f 109 Harris P-7350 a40121006aa0 110 Harris P-7350 a40121006aa1 111 Harris P-7350 a40121006aa2 112 Harris P-7350 a40121006aa3 113 Harris P-7350 a40121006aa4 114 Harris P-7350 a40121006aa5 115 Harris P-7350 a40121006aa6 116 Harris P-7350 a40121006aa7 117 Harris P-7350 a40121006aa8 118 Harris P-7350 a40121006aa9 119 Harris P-7350 a40121006aaa 120 Harris P-7350 a40121006aab 121 Harris P-7350 a40121006aac 122 Harris P-7350 a40121006aad 123 Harris P-7350 a40121006aae 124 Harris P-7350 a40121006aaf 125 Harris P-7350 a40121006ab0 126 Harris P-7350 a40121006ab1 127 Harris P-7350 a40121006ab2 128 Harris P-7350 a40121006ab3 129 Harris P-7350 a40121006ab4 130 Harris P-7350 a40121006ab5 131 Harris P-7350 a40121006ab7 132 Harris P-7350 a40121006ab8 133 Harris P-7350 a40121006ab9 134 Harris P-7350 a40121006aba 135 Harris P-7350 a40121006abb 136 Harris P-7350 a40121006abc 137 Harris P-7350 a40121006abd 138 Harris P-7350 a40121006abe 139 Harris P-7350 a40121006abf 140 Harris P-7350 a40121006aca 141 Harris P-7350 a40121006acb 142 Harris P-7350 a40121006acc 143 Harris P-7350 a40121006acd 144 Harris P-7350 a40121006ace 145 Harris P-7350 a40121006acf 146 Harris P-7350 a40121006ad0 147 Harris P-7350 a40121006ad1 148 Harris P-7350 a40121006ad2 149 Harris P-7350 a40121006ad3 150 Harris P-7350 a40121006ad4 151 Harris P-7350 a40121006ad5 152 Harris P-7350 a40121006ad6 153 Harris P-7350 a40121006ad7 154 Harris P-7350 a40121006ad8 155 Harris P-7350 a40121006ad9 156 Harris P-7350 a40121006ada 157 Harris P-7350 a40121006adb 158 Harris P-7350 a40121006adc 159 Harris P-7350 a40121006add 160 Harris P-7350 a40121006ade 161 Harris P-7350 a40121006adf 162 Harris P-7350 a40121006ae0 163 Harris P-7350 a40121006ae1 164 Harris P-7350 a40121006ae2 165 Harris P-7350 a40121006ae3 166 Harris P-7350 a40121006ae4 167 Harris P-7350 a40121006ae5 168 Harris P-7350 a40121006ae6 169 Harris P-7350 a40121006ae7 170 Harris P-7350 a40121006ae8 171 Harris P-7350 a40121006ae9 172 Harris P-7350 a40121006aea 173 Harris P-7350 a40121006aeb 174 Harris P-7350 a40121006aec 175 Harris P-7350 a40121006aed 176 Harris P-7350 a40121006aee 177 Harris P-7350 a40121006aef 178 Harris P-7350 a40121006af0 179 Harris P-7350 a40121006af1 180 Harris P-7350 a40121006b06 181 Harris P-7350 a40121006b07 182 Harris P-7350 a40121006b08 183 Harris P-7350 a40121006b09 184 Harris P-7350 a40121006b0a 185 Harris P-7350 a40121006b0b 186 Harris P-7350 a40121006b0c 187 Harris P-7350 a40121006b0d 188 Harris P-7350 a40121006b0e 189 Harris P-7350 a40121006b0f 190 Harris P-7350 a40121006b10 191 Harris P-7350 a40121006b11 192 Harris P-7350 a40121006b12 193 Harris P-7350 a40121006b13 194 Harris P-7350 a40121006b14 195 Harris P-7350 a40121006b15 196 Harris P-7350 a40121006b16 197 Harris P-7350 a40121006b17 198 Harris P-7350 a40121006b18 199 Harris P-7350 a40121006b19 200 Harris P-7350 a40121006b2e 201 Harris P-7350 a40121006b2f 202 Harris P-7350 a40121006b30 203 Harris P-7350 a40121006b31 204 Harris P-7350 a40121006b32 205 Harris P-7350 a40121006b33 206 Harris P-7350 a40121006b34 207 Harris P-7350 a40121006b35 208 Harris P-7350 a40121006b36 209 Harris P-7350 a40121006b37 210 Harris P-7350 a40121006b38 211 Harris P-7350 a40121006b39 212 Harris P-7350 a40121006b3a 213 Harris P-7350 a40121006b3b 214 Harris P-7350 a40121006b3c 215 Harris P-7350 a40121006b3d 216 Harris P-7350 a40121006b3e 217 Harris P-7350 a40121006b3f 218 Harris P-7350 a40121006b40 219 Harris P-7350 a40121006b41 220 Harris P-7350 a40121006b4c 221 Harris P-7350 a40121006b4d 222 Harris P-7350 a40121006b4e 223 Harris P-7350 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a40121006bb5 256 Harris P-7350 a40121006bb6 257 Harris P-7350 a40121006bb7 258 Harris P-7350 a40121006bb8 259 Harris P-7350 a40121006bb9 260 Harris P-7350 a40121006c46 261 Harris P-7350 a40121006c47 262 Harris P-7350 a40121006c48 263 Harris P-7350 a40121006c49 264 Harris P-7350 a40121006c4a 265 Harris P-7350 a40121006c4b 266 Harris P-7350 a40121006c4c 267 Harris P-7350 a40121006c4d 268 Harris P-7350 a40121006c4e 269 Harris P-7350 a40121006c4f 270 Harris P-7350 a40121006c82 271 Harris P-7350 a40121006c83 272 Harris P-7350 a40121006c84 273 Harris P-7350 a40121006c85 274 Harris P-7350 a40121006c86 275 Harris P-7350 a40121006c87 276 Harris P-7350 a40121006c88 277 Harris P-7350 a40121006c89 278 Harris P-7350 a40121006c8a 279 Harris P-7350 a40121006c8b 280 Harris P-7350 a40121006caa 281 Harris P-7350 a40121006cab 282 Harris P-7350 a40121006cac 283 Harris P-7350 a40121006cad 284 Harris P-7350 a40121006cae 285 Harris P-7350 a40121006caf 286 Harris P-7350 a40121006cb0 287 Harris P-7350 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a4011e077757 225 Harris M7300 a4011e077758 226 Harris M7300 a4011e077759 227 Harris M7300 a4011e077760 228 Harris M7300 a4011e077761 229 Harris M7300 a4011e077762 230 Harris M7300 a4011e077763 231 Harris M7300 a4011e077764 232 Harris M7300 a4011e077765 233 Harris M7300 a4011e077766 234 Harris M7300 a4011e077767 235 Harris M7300 a4011e077768 236 Harris M7300 a4011e077769 237 Harris M7300 a4011e077770 238 Harris M7300 a4011e077771 239 Harris M7300 a4011e077772 240 Harris M7300 a4011e077773 241 Harris M7300 a4011e077774 242 Harris M7300 a4011e077775 243 Harris M7300 a4011e077776 244 Harris M7300 a4011e077777 245 Harris M7300 a4011e077778 246 Harris M7300 a4011e077779 247 Harris M7300 a4011e077780 248 Harris M7300 a4011e077781 249 Harris M7300 a4011e077782 250 Harris M7300 a4011e077783 251 Harris M7300 a4011e077784 252 Harris M7300 a4011e077785 253 Harris M7300 a4011e077786 254 Harris M7300 a4011e077787 255 Harris M7300 a4011e077788 256 Harris M7300 a4011e077789 257 Harris M7300 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A40165000C1D 6 Month 3 XG-15P A40165000C1E 6 Month 4 XG-15P A40165000C1F 6 Month 5 XG-15P A40165000C20 6 Month 6 XG-15P A40165000C21 6 Month 7 XG-15P A40165000C22 6 Month 8 XG-15P A40165000C23 6 Month 9 XG-15P A40165000C24 6 Month 10 XG-15P A40165000C25 6 Month 11 XG-15P A40165000D84 6 Month 12 XG-15P A40165000D85 6 Month 13 XG-15P A40165000D86 6 Month 14 XG-15P A40165000D87 6 Month 15 XG-15P A40165000D88 6 Month 16 XG-15P A40165000D89 6 Month 17 XG-15P A40165000D8A 6 Month 18 XG-15P A40165000D8B 6 Month 19 XG-15P A40165000D8C 6 Month 20 XG-15P A40165000D8D 6 Month 21 XG-15P A40165000D98 6 Month 22 XG-15P A40165000D99 6 Month 23 XG-15P A40165000D9A 6 Month 24 XG-15P A40165000D9B 6 Month 25 XG-15P A40165000D9C 6 Month 26 XG-15P A40165000D9D 6 Month 27 XG-15P A40165000D9E 6 Month 28 XG-15P A40165000D9F 6 Month 29 XG-15P A40165000DA0 6 Month 30 XG-15P A40165000DA1 6 Month 31 XG-15P A40165000DA2 6 Month 32 XG-15P A40165000DA3 6 Month 33 XG-15P A40165000DA4 6 Month 34 XG-15P A40165000DA5 6 Month 35 XG-15P A40165000DA6 6 Month 36 XG-15P A40165000DA7 6 Month 37 XG-15P A40165000DA8 6 Month 38 XG-15P A40165000DA9 6 Month 39 XG-15P A40165000DAA 6 Month 40 XG-15P A40165000DAB 6 Month 41 XG-15P A40165000DB6 6 Month 42 XG-15P A40165000DB7 6 Month 43 XG-15P A40165000DB8 6 Month 44 XG-15P A40165000DB9 6 Month 45 XG-15P A40165000DBA 6 Month 46 XG-15P A40165000DBB 6 Month 47 XG-15P A40165000DBC 6 Month 48 XG-15P A40165000DBD 6 Month 49 XG-15P A40165000DBE 6 Month 50 XG-15P A40165000DBF 6 Month 51 XG-15P A40165000DC0 6 Month 52 XG-15P A40165000DC1 6 Month 53 XG-15P A40165000DC2 6 Month 54 XG-15P A40165000DC3 6 Month 55 XG-15P A40165000DC4 6 Month 56 XG-15P A40165000DC5 6 Month 57 XG-15P A40165000DC6 6 Month 58 XG-15P A40165000DC7 6 Month 59 XG-15P A40165000DC8 6 Month 60 XG-15P A40165000DC9 6 Month 61 XG-15P A40165000DDE 6 Month 62 XG-15P A40165000DDF 6 Month 63 XG-15P A40165000DE0 6 Month 64 XG-15P A40165000DE1 6 Month 65 XG-15P A40165000DE2 6 Month 66 XG-15P A40165000DE3 6 Month 67 XG-15P A40165000DE4 6 Month 68 XG-15P A40165000DE5 6 Month 69 XG-15P A40165000DE6 6 Month 70 XG-15P A40165000DE7 6 Month 71 XG-15P A40165000DE8 6 Month 72 XG-15P A40165000DE9 6 Month 73 XG-15P A40165000DEA 6 Month 74 XG-15P A40165000DEB 6 Month 75 XG-15P A40165000DEC 6 Month 76 XG-15P A40165000DED 6 Month 77 XG-15P A40165000DEE 6 Month 78 XG-15P A40165000DEF 6 Month 79 XG-15P A40165000DF0 6 Month 80 XG-15P A40165000DF1 6 Month 81 XG-15P A40165000DFD 6 Month 82 XG-15P A40165000DFE 6 Month 83 XG-15P A40165000DFF 6 Month 84 XG-15P A40165000E00 6 Month 85 XG-15P A40165000E01 6 Month 86 XG-15P A40165000E02 6 Month 87 XG-15P A40165000E03 6 Month 88 XG-15P A40165000E04 6 Month 89 XG-15P A40165000E05 6 Month 90 XG-15P A40165000E06 6 Month 91 XG-15P A40165000E07 6 Month 92 XG-15P A40165000E08 6 Month 93 XG-15P A40165000E09 6 Month 94 XG-15P A40165000E0A 6 Month 95 XG-15P A40165000E0B 6 Month 96 XG-15P A40165000E0C 6 Month 97 XG-15P A40165000E0D 6 Month 98 XG-15P A40165000E0E 6 Month 99 XG-15P 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A40165000FE1 6 Month 224 XG-15P A40165000FE2 6 Month 225 XG-15P A40165000FE3 6 Month 226 XG-15P A40165000FE4 6 Month 227 XG-15P A40165000FE5 6 Month 228 XG-15P A40165001040 6 Month 229 XG-15P A40165001041 6 Month 230 XG-15P A40165001042 6 Month 231 XG-15P A40165001043 6 Month 232 XG-15P A40165001044 6 Month 233 XG-15P A40165001045 6 Month 234 XG-15P A40165001046 6 Month 235 XG-15P A40165001047 6 Month 236 XG-15P A40165001048 6 Month 237 XG-15P A40165001049 6 Month 238 XG-15P A4016500104B 6 Month 239 XG-15P A4016500104C 6 Month 240 XG-15P A4016500104D 6 Month 241 XG-15P A4016500104E 6 Month 242 XG-15P A4016500104F 6 Month 243 XG-15P A40165001050 6 Month 244 XG-15P A40165001051 6 Month 245 XG-15P A40165001052 6 Month 246 XG-15P A40165001053 6 Month 247 XG-15P A40165001054 6 Month 248 XG-15P A40165001055 6 Month 249 XG-15P A40165001056 6 Month 250 XG-15P A40165001057 6 Month 251 XG-15P A40165001058 6 Month 252 XG-15P A40165001059 6 Month 253 XG-15P A4016500105A 6 Month 254 XG-15P 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A40165001084 6 Month 286 XG-15P A40165001085 6 Month 287 XG-15P A40165001086 6 Month 288 XG-15P A40165001087 6 Month 289 XG-15P A40165001088 6 Month 290 XG-15P A40165001089 6 Month 291 XG-15P A4016500108A 6 Month 292 XG-15P A4016500108B 6 Month 293 XG-15P A4016500108C 6 Month 294 XG-15P A4016500108D 6 Month 295 XG-15P A4016500108E 6 Month 296 XG-15P A4016500108F 6 Month 297 XG-15P A40165001090 6 Month 298 XG-15P A40165001091 6 Month 299 XG-15P A40165001092 6 Month 300 XG-15P A40165001093 6 Month 301 XG-15P A40165001094 6 Month 302 XG-15P A40165001095 6 Month 303 XG-15P A40165001096 6 Month 304 XG-15P A40165001097 6 Month 305 XG-15P A40165001098 6 Month 306 XG-15P A40165001099 6 Month 307 XG-15P A40165001126 6 Month 308 XG-15P A40165001127 6 Month 309 XG-15P A40165001128 6 Month 310 XG-15P A40165001129 6 Month 311 XG-15P A4016500112A 6 Month 312 XG-15P A4016500112B 6 Month 313 XG-15P A4016500112C 6 Month 314 XG-15P A4016500112D 6 Month 315 XG-15P A4016500112E 6 Month 316 XG-15P A4016500112F 6 Month 317 XG-15P A40165001130 6 Month 318 XG-15P A40165001131 6 Month 319 XG-15P A40165001132 6 Month 320 XG-15P A40165001133 6 Month 321 XG-15P A40165001134 6 Month 322 XG-15P A40165001135 6 Month 323 XG-15P A40165001136 6 Month 324 XG-15P A40165001137 6 Month 325 XG-15P A40165001138 6 Month 326 XG-15P A40165001139 6 Month 327 XG-15P A4016500113A 6 Month 328 XG-15P A4016500113B 6 Month 329 XG-15P A4016500113C 6 Month 330 XG-15P A4016500113D 6 Month 331 XG-15P A4016500113E 6 Month 332 XG-15P A4016500113F 6 Month 333 XG-15P A40165001140 6 Month 334 XG-15P A40165001141 6 Month 335 XG-15P A40165001142 6 Month 336 XG-15P A40165001143 6 Month 337 XG-15P A40165001144 6 Month 338 XG-15P A40165001145 6 Month 339 XG-15P A40165001146 6 Month 340 XG-15P A40165001147 6 Month 341 XG-15P A40165001149 6 Month 342 XG-15P A4016500114A 6 Month 343 XG-15P A4016500114C 6 Month 344 XG-15P A4016500114D 6 Month 345 XG-15P A4016500114E 6 Month 346 XG-15P A4016500114F 6 Month 347 XG-15P A40165001150 6 Month 348 XG-15P A40165001151 6 Month 349 XG-15P A40165001152 6 Month 350 XG-15P A40165001153 6 Month 351 XG-15P A40165001154 6 Month 352 XG-15P A40165001155 6 Month 353 XG-15P A40165001156 6 Month 354 XG-15P A40165001157 6 Month 355 XG-15P A40165000F61 6 Month Line Description Serial Number Comment 1 XG-25M A40153007936 6 Month 2 XG-25M A40153007937 6 Month 3 XG-25M A40153007938 6 Month 4 XG-25M A40153007939 6 Month 5 XG-25M A40153008054 6 Month 6 XG-25M A40153008055 6 Month 7 XG-25M A40153008126 6 Month 8 XG-25M A40153008127 6 Month 9 XG-25M A40153008128 6 Month 10 XG-25M A40153008129 6 Month 11 XG-25M A40153008130 6 Month 12 XG-25M A40153008141 6 Month 13 XG-25M A40153008142 6 Month 14 XG-25M A40153008143 6 Month 15 XG-25M A40153008144 6 Month 16 XG-25M A40153008145 6 Month Billing Details Equipment:Unit Rate:Quantity Monthly Rate:Annual Rate: P7350 Portable 9.00 417 3,753.00 $45,036.00 M7300 Mobile 9.00 287 2,583.00 $30,996.00 XG-15P Half Year 4.50 355 1,597.50 $19,170.00 XG-25M Half Year 4.50 16 72.00 $864.00 Exacom 8,000.00 1 $8,000.00 Total Monthly Maintenance: 8,005.50$ Total Annual Maintenance: $104,066.00 HARRIS CORPORATION RF Communications Division 8323 N.W. 12 Street Suite 200 Miami, FL USA 33126 www.harris.com August 22, 2017 Earl Gloster Director of General Services 1900 Grand Ave Clearwater FL, 33765 RE: Sole source for Harris 700/800 MHz sales and service The City of Clearwater owned Harris EDACS 800 MHz and 700 MHz P25 radio equipment is proprietary and is only manufactured by Harris Corporation. Communications International, a certified Harris Network Service Provider, is the sole authorized service provider in for your account. Harris trunked public safety radio equipment can only be purchased indirectly from the authorized Harris service provider Communications International, or directly from Harris Corporation. If you have any further questions or concerns I encourage you to call me at my office. Thank you again for choosing Harris for your communications needs. Sincerely Piroscka Ventura Manager, Indirect Channel Harris Corporation Public Safety & Public Service Division Email: pventu01@harris.com Phone: (305) 775-0714 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3814 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.22 SUBJECT/RECOMMENDATION: Appoint Leann DuPont and Jared Leone to the Environmental Advisory Board with terms to expire September 30, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) PLACE: Council Chambers APPTS. NEEDED: 2 STAFF LIAISON: Sarah Kessler/Eng. THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Leann J. DuPont - 11 San Marco Street, Unit #605, 33767 - Retired/Special Education Original Appointment: 10/2/14 (1 Absence in the last year) Interest in reappointment: Yes (currently filling an unexpired term through 9/30/17) 2. Jared Leone - 1266 Palm St., 33755 - Journalist/Writer Original Appointment: 3/17/16 (0 Absences in the last year) Interest in reappointment: Yes (currently filling an unexpired term through 9/30/17) Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3814 At the September 5 work session, there was council consensus to reappoint Ms. DuPont and Mr. Leone. Staff was directed to place the item on the Consent Agenda. THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1.Candace Gardner - 736 Island Way, Apt. 305, 33767 - Retired/Guidance Counselor 2.John E. Thomas, Sr. - 1200 Gulf Blvd., Unit 904, 33767 - Retired/Environmental Consultant Zip codes of current members: 1 at 33755 1 at 33761 1 at 33765 2 at 33767 Page 2 City of Clearwater Printed on 9/7/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: ,eann J. DuPont Home Address: 11 San Marco Street Unit #6o5 Clearwater Beach, FL Telephone: N/A CeII Phone: 703-963-2797 Must be Clearwater resident) Zip 33767 How long a resident of Clearwater? 4 1/2 years Occupation: " etired & P/T web administrator Field of Education: Special education If retired, former occupation: Office Address: hom( RECEIVED SEP 2 2 2014 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Zip Telephone: E -mail Address: ldupont8o @hotmail.com work from home Employer: MJ Fashions & Gifts, Dunedin Other Work Experience: Landscape company office manager Fairfax, Virginia Community Activities: Chair of condominium Landscape Committee Other Interests: Pilates, swimming, golf, traveling Board Service (current and past): Board Preference: L 1earwater resident citizen member Additional Comments: [look forward to hearing from the committee Signature: Date: 9 -19 -2014 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid, current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ ['he Environmental Advisory Board listens to resident concerns, researches them & ifwarranted they present the item to the City Council for further action. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have viewed a City Council on TV & also one in person during the Citizens' Academy Class in 2013. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I worked at a Landscape company for 11 years. I chair my condos' Landscape committee, monthly, I attend our open Condo board meetings to see what is going on, I have attended and graduated from the Clearwater Citizens' Academy. 4. Why do you want to serve on this Board? I live on Clearwater Beach so I am interested in beach protection, the dunes, plantings & protective lighting for our sea turtles, among other things. Name: Leann DuPont Board Name: Environmental Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name:Jared Leone Home Address: 1266 Palm St Office Address: Zip 33755 Zip 33755 Telephone:727-248-0194 Telephone: Cell Phone: Email Address: How long a resident of Clearwater?Unincorporated resident since 2008; Incorporated in 2015. Occupation:Journalist/writer Employer: Cox Media Group/various Field of Education: Other Work Experience: Journalism If retired, former occupation: Community Activities Assistant area coordinator/puppy raiser with Southeastern Guide Dogs. Citizens Academy graduate 2015. Established neighborhood group (Spring Branch Neighbors); working to create a park for the neighborhood Other Interests:Biking, kayaking, toiling in the yard. Outdoors stuff. Board Service (current and past): Board Preference: Environmental Advisory Board Additional Comments:' appreciate your consideration of my application. Let's keep Clearwater beautiful from bay to beach. Signatur, Date: 2/25/2016 See attached for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. 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 RECEValidcurrentFloridaDrivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city 418its2 611/ 20E16D OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To identify and assess environmental objectives and offer input to city leaders. 2. Have you ever observed a board meeting either in person or on the City's TV station C-View? Yes, both. Many, many board meetings. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I am very familiar with the environmental issues effecting Clearwater. I have written extensively about many of them. I have the ability to read and comprehend official reports and other materials board members would likely need to understand to adequately reach the board's objectives. 4. Why do you want to serve on this Board? The environment is a critical issue especially for a water-borne community like Clearwater. The environment also plays a key role in other quality of life issues for residents. I feel I have fresh views as well as an institutional understanding that would be an asset for this board. Name:Jared Leone Environmental Advisory BoardBoardName: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: e A N O 1,G e_ CARD N E. `R Home Address: Office Address. 73 Go SLRrit w P-c:305 L icW.CoicIT'E NR, FLi Zip 3-Zo'7 Zip Telephone: 7a7 – '{'7 CEOq Telephone: Cell Phone: E -mail Address: CA N Lek., 1 e OL'Co Yv\ How long a resident of Clearwater? 4" ' J/ RS Occupation:ito tZJtL W0J C a Lei Y NC, Employer: r1N E., LL co/4 gty semoo L Field of Education: C °LI S >E ° Other Work Experience: aysT Nft s-r J (60 DRNK:Q. cou /\r >z.) 3d S, O EG RIKy vt.A,cf -ioWi If(etire ormer occupation:G 6L1 b 1I NC. Lot) U N S € Lo `R Community Activities: Other Interests: Board Service (current and Ry IR, fid Board Preference: c© v14 tM u nl 1 +1 N I , L > t 1,6 N S 13c A R,D p 1-4 lk 5 1 121z, L riVio eorkftn 0113 Additional Comments: C }4 Ft rr E, 1R. R v E tk) C o m mart .€ (,a. 7) 13EnU1-ti se 0 3o A D Signature: C 0Y70 •. 12f Date: J I5,aot! See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits JUN 14 2017 Declaration of Domicile filed with the city clerk affirming residency within city limits RECORDS AND gam cj °I S? 9I sRvcs DEPT. I/ BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? at;(3611-e al) zna(2r-(4, ...e (9-n 4apAAJt. , Jeirutsv-Lfreele „ L_! ' 'l 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? S n /96.14,/ety 7040/LA ce_elitzGo VjAy (t.e_t.Q„ azzAL-1},-e-Q/77 -6-71 .a.s2/tAfpx. t 4A1'6142-) Al 1 , r r U 4. Why do you want to serve on this Bo d? cknx,71,t,tk, ef,,,-Let..za, Y`y `u.o`.td so e cam. Name: C O(iyi oticLe Board Name: CANDACE GARDNER 736 Island Way Apt. 305 Clearwater, Florida 33767 -1817 727 -447 -0074 candyflal@aol.com CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: VO %N Home Address: Office Address: ZOo Gu /0/i(/ /6-r, 90* aetYee.. , zip 337,7 Zip Telephone: Telephone: Cell Phone: 508 - 936 - ,ZZ 6 Email Address: How Iona a resident of Clearwater? /Z yc°drS ,S A-rQ/ }/ear'f.- d Occupation: Employer: Field of Education: Other Work Experience: ink.A-is•-e‘ola./ 5 If retired, former occupation: i91/irev7y1 / Gana it 74"- /%feefr /61:%x' Community Activities: ,.t//—*/ c /*' /d/SScie .i Other Interests: ;f-e._ 77;a, Board Service (current and past): Board Preference: tc;11,/k6Wnies-,71(//g47.77 Aare/ ate 7C /4rwi1 ser4c:e /s; /1A5SACilf4 Additional Comments: 11 ed list for boards that require financial Signature: Date: t%;: % Z °/ See a disclosure at time of appointment. Please return this applica ion 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 limitsECEIE - Declaration of Domicile filed with the city clerk affirming residency within city limits JUL 2016 OFFICIAL. REC i 12 s AND LEGISLATIVE SACS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? rvew J Gds 4 Sse,l ife‘i/ er,bivio)i / /ss ',e eMAre y c>< /e 147.e9 Mlles Ir// ,4 Tom° e',7 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? 5 C, Za4rtee. / L'% /Q7 Ze/9ii7 ' J. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? / / ite Ci 14choQ' "eoll/!'ce 4,0-,c 4,74 ciaL GOrHo1use, idyl ^'G T 5&'1'7/ 4. Why do you want to serve on this Board? 4re ey7ec/' 4- i hs r'D CS3 0/a / 6YT 71%/8' CO, iusi, ' e- /:3 eila14/,'"Oi ele rife fl4e 0, 4?)-( 4.0// 76 /04/A.-/f 71/- e- Cie /.6e a! -lam! o / L°r l tioh ei141 /SS /fe, Qjj' irq 4 Name: B a #4S- ame: ,ifeivr e,see -i / /S iG JOHN E. THOMAS 1200 Gulf Blvd. Unit 904 Clearwater, Fl 33767 Summer Address: 7 Leyland Ct. Bristol, RI 02809 Office of Records and Legislative Services Department P.O. Box 4748 Clearwater, FL 33758 -4748 July 7, 2016 Dear Sir or Madam: RECEIVED JUL 12 2016 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT I, John E. Thomas, am pleased to submit an application and supporting documents for a consideration as a candidate for the open position on the Environmental Advisory Board. Enclosed please find the following: Application Form Board Questionnaire Resume and List of Volunteer Service Voter Registration and Driver's License I thank you in advance for your attention to my application. Very truly yours, John E. Thomas cc. Felicia Donnelly John E. Thomas, Sr. 1200 Gulf Blvd. Unit 904 Clearwater, FL 33767 Education B. A. Environmental Studies with Honors Harvard University, 1977 Professional Licensure Professional Wetland Scientist 236 Society of Wetland Scientists John Thomas is the co- founder of Beals and Thomas, Inc. and has over 37 years of work experience providing consulting services for land conservation and development projects. Mr. Thomas was the CEO for 25 years of his 30 years of employment with the multi- disciplinary civil engineering, landscape architecture, land surveying and environmental consulting firm. During his tenure as the CEO the firm averaged approximately 45 employees. He served as principal -in- charge on numerous projects including those for corporate campuses, industrial and office parks, multi - family housing, assisted care living facilities, residential subdivisions, mixed -use development, municipal master plans, open space and recreational plans, educational and recreational facilities. He has directed projects of varying scale and type, providing strategic planning and oversight to land use planning and environmental analysis, wetland permitting, environmental impact reports, water resources analysis and planning, project permitting and expert testimony. In addition to his work experience John has served as a volunteer at the municipal level and in the non- profit sector including: the Town of Holliston, Massachusetts as the Chairman of the Conservation Commission, and was a member of the Town Forest Committee and the Golf Course Committee. He was a representative to the Metropolitan Area Planning Council. At the state level, John participated in a number of legislative committees regarding wetlands, land use and regional planning. He has served on a number of non- profit boards including The Trustees of Reservations Board of Directors, Charles River Watershed Association Advisory Board, the Conservation Law Foundation Massachusetts Advisory Board, the Fay School, Upper Charles Conservation Land Trust and Alternatives Unlimited. Presently he serves as a Director of the Florida Botanical Gardens Foundation and the Sand Key Civic Association in Clearwater. The terms of his volunteer service are detailed below. Holliston, MA Conservation Commission- 1982 -1992 Municipal Commission charged with administration of the MA Wetlands Protection Act and stewardship of the Town's Conservation Land Holliston, MA Forest Committee -1984 -1992 Municipal Committee charged with the management of the 200 +1 - acre Town Forest Alternatives Unlimited, Inc. - Director 1987 -2006 Alternatives offers residential, employment, day and outpatient counseling services to people with developmental or psychiatric disabilities in Central Massachusetts. Reference: Dennis Rice, Executive Director 508 - 234 -6232 Upper Charles Conservation Land Trust — Founder and President 1992 -2002 A regional land trust dedicated to preserving open space in the Upper Charles River Watershed, MA. Reference: www.uppercharles.org Fay School- Trustee 2003 -2013 Fay is an independent co- educational day and boarding school serving pre - Kindergarten through the 9`h grade. Reference: Robert Gustafson, Head of School 508- 485 -0100 Conservation Law Foundation - Massachusetts Advisory Board 2005 -2014 CLF uses the law, science, policy making and business to find pragmatic, innovated solutions to New England's toughest environmental problems. Reference: Peter Shelley, Senior Counselor 617 - 350 -0990 The Trustees of Reservations — Director, Chair Stewardship Committee, Vice Chair Land Conservation Committee 2005 -2015 TTOR is a member supported conservation organization that preserves land, nature and historic places in MA. Reference: Jocelyn Forbush, Vice President for Program Leadership 413 - 695 -1775 Charles River Watershed Assn. — Advisory Board 2005 - present CRWA protects and restores the Charles River and its watershed through science, advocacy and the law. Reference: Robert Zimmerman, Executive Director 781 - 788 -0007 Florida Botanical Gardens Foundation - Director and Volunteer Worker 2015 - present A non - profit corporation established to provide leadership and financial support for a county owned park of 150 acres which includes 30 acres of gardens and actively managed landscape. Reference: Terry Berube 727 -501 -3787 Sand Key Civic Association- Director 2016 - present A neighborhood community organization in Clearwater , FL representing the mutual interests of residential and commercial property owners. Belleair Country Club Facilities Development Committee- 2016 - present A committee charged with the oversight of new construction and property improvements. Reference: Edward Shaughnessy, General Manager 727 - 461 -7171 John E. Thomas, Sr. 1200 Gulf Blvd. Unit 904 Clearwater, FL 33767 Education B. A. Environmental Studies with Honors Harvard University, 1977 Professional Licensure Professional Wetland Scientist 236 Society of Wetland Scientists John Thomas is the co- founder of Beals and Thomas, Inc. and has over 37 years of work experience providing consulting services for land conservation and development projects. Mr. Thomas was the CEO for 25 years of his 30 years of employment with the multi - disciplinary civil engineering, landscape architecture, and surveying and environmental consulting firm. During his tenure as the CEO the firm averaged approximately 45 employees. He served as principal -in- charge on numerous projects including those for corporate campuses, industrial and office parks, multi - family housing, assisted care living facilities, residential subdivisions, mixed -use development, municipal master plans, open space and recreational plans, educational and recreational facilities. He has directed projects of varying scale and type, providing strategic planning and oversight to land use planning and environmental analysis, wetland permitting, environmental impact reports, water resources analysis and planning, project permitting and expert testimony. In addition to his work experience John has served as a volunteer at the municipal level and in the non- profit sector including: the Town of Holliston, Massachusetts as the Chairman of the Conservation Commission, and was a member of the Town Forest Committee and the Golf Course Committee. He was a representative to the Metropolitan Area Planning Council. At the state level, John participated in a number of legislative committees regarding wetlands, land use and regional planning. He has served on a number of non- profit boards including The Trustees of Reservations Board of Directors, Charles River Watershed Association Advisory Board, the Conservation Law Foundation Massachusetts Advisory Board, the Fay School, Upper Charles Conservation Land Trust and Alternatives Unlimited. Presently he serves as a Director of the Florida Botanical Gardens Foundation and the Sand Key Civic Association in Clearwater. The terms of his volunteer service are detailed below. JOHN E. THOMAS, SR Ms. Judith LaCosse Staff Assistant City of Clearwater ORLS Dept. 3 udith. LaCosse©mydea rwater.com Dear Ms. LaCosse, August 15, 2017 I am writing to confirm my interest to serve on the Environmental Advisory Board for the City of Clearwater. The materials which I submitted for the City Council's consideration last year are generally correct. However, two updates are necessary: 1. I am no longer serving on the Board of Directors of the Sand Key Civic Association. 2. I will become the President of the Florida Botanical Garden Foundation, Inc. commencing October 1, 2017. Please let me know if this brief letter to express my continued interest and update pertinent background information is sufficient for the Council's purposes. Best regards, iiohn E. Thomas 1200 Gulf Blvd Unit 904 Clearwater, R. 33767 iethomassr@)aol.com 509- 930 -9226 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3851 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.23 SUBJECT/RECOMMENDATION: Reappoint Jeffery W. Smith and Sahar Daher to the Clearwater Housing Authority Board with terms to expire September 30, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater, except for the Public Housing Resident SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 LIAISON CONTACT: Jacqueline Rivera, Executive Dir./CHA MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH WILL BE EXPIRING AND NOW REQUIRE REAPPOINTMENT: 1. Jeffery W. Smith - 3300 Masters Dr., 33761 - Original Appointment 9/5/13 (0 Absences in the last year) Interest in Reappointment: Yes (currently serving 1st term to expire 9/30/17) 2. Sahar Daher - 1799 N. Highland Ave., #118, 33755 - Original Appointment 1/19/17 (1 Absence this year) Interest in Reappointment: Yes (currently filling an unexpired term through 9/30/17) Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3851 CHA supports the reappointment of Mr. Jeffery Smith and Ms. Sahar Daher. Zip codes current members on board: 1 at 33755 1 at 33759 2 at 33761 1 at 33767 Page 2 City of Clearwater Printed on 9/7/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Jeffery Smith Home Address: 3300 Masters Dr. Clearwater Florida Zip 33761 Telephone: 727-796-0792 Cell Phone: 727-639-3788 How long a resident of Clearwater? 39 years Occupation: Architectural Designer Field of Education: High School Office Address: 748 Broadway, Dunedin Florida Zip 33761 Telephone: 727-785-4441 Email Address: ismith@audesmith.com Employer: Aude Smith Architecture Other Work Experience: If retired, former occupation: Community Activities: Other Interests: GoIf Board Service (current and past): Board Preference: Clearwater Housing Board Clearwater Housing Board Additional Comments: Signature: Date: 8-25-2017 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. 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 R. E'''CEPA:711r\ one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits 9 2017 RECORDS AND Declaration of Domicile filed with the city clerk affirming residency within city ilth-it oclA i ECORDS LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I don't think this applies because I've been on this board for the last four years. 2. Have you ever observed a board meeting either in person or on the City's TV station C-View? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My architectural experience in housing design 4. Why do you want to serve on this Board? I want to continue to serve Name: Jeffery Smith Board Name: Clearwater Housing CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. SName: Home Address: 1ELIA` Office Address: I q-C.q A) - i )CAA IL j ,-aUiC Zip Zip Telephone: (IN ) 3 )1--(1 e-1 Telephone: Cell Phone: Email Address: How long a resident of Clearwater? Occupation: 14:1;c04 Field of Education: SS ',du keiAk LOA/NC If retired, former occupation: Community Activities: Employer: Other Work Experience: rMet/ Other Interests: -' Board Service (current and past): Additional Comments: Board Preference: Signature: - , /ice.._ .A L Date: WS/4 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits , ECEIVE Declaration of Domicile filed with the city clerk affirming residency within city limits Utz 0 6 2016 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT v BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? boo,/ s-eiS n rSS i tv 01 otav S pc) 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? C) 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 1 C CA.VY1 — 0 _0. 6t A OA CIO "S 1?-0 [ rk 13/1.evi, >Ls f-ksoS--e 4. Why do you want to serve on this Board? b e' 1 , 1,11 `" Cm Name: L-( Board Name: I le 41,i) .',/- ( .4- c, Lt.s. O Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3801 Agenda Date: 9/7/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.24 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide staffing, Information Technology services and telephone services for the CRA, provide for the reimbursement of certain expenses by the CRA to the City, and authorize the appropriate officials to execute same. (consent) SUMMARY: Section 163.387, Florida Statutes, allows that moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency, including providing for staff, as described in the community redevelopment plan. The Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Funding (TIF) may be for certain redevelopment activities. The CRA agrees to provide TIF funding in a total amount not to exceed $421,340.00 for this contract year to provide staffing for the CRA. This total amount includes $22,080 for Information Technology Services and $1,3 70 for telephone services. These amounts are subject to adjustment and approval in the CRA budget each year. Page 1 City of Clearwater Printed on 9/7/2017 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2017 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, on May 16, 2016, the Community Redevelopment Agency approved the City Manager’s hiring of a CRA Director as a City employee; and WHEREAS, the City will provide additional staff to assist the CRA director, for which the CRA agrees to reimburse the City; and WHEREAS, Section 163.387, Florida Statutes, allows that moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency, including providing for staff, as described in the community redevelopment plan; and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF)may be used for certain redevelopment activities; and WHEREAS, the CRA wishes to enter into an Interlocal Agreement with the City for the City to provide staff to the CRA and outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1.Term. This Interlocal Agreement will be effective starting October 1, 2017 and will remain in effect unless terminated by either one of the parties. Section 2.Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following staff in support of the CRA: INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 2 A.Pay the salary and benefits for the CRA Director for the Fiscal Year 2017/2018. This amount may increase annually and is subject to approval in the CRA budget each year. B.Provide for the salary and benefits of a Community Development Coordinator, a Downtown Manager, an Executive Assistant, as well as 50% of a Recreation Specialist. These amounts may increase annually and are subject to approval in the CRA budget each year. Section 3.Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed$421,340.00 for the contract year, said funds to be utilized by the City to provide staffing for the CRA, to be allocated in the following manner: A.$ 131,777.45 to pay the salary and benefits for a CRA Director. B.$ 74,270.24 to pay the salary and benefits for a CommunityDevelopment Coordinator. C.$ 98,068.46 to pay the salary and benefits for a Downtown Manager. D.$ 62,286.06 to pay the salary and benefits for an Executive Assistant. E.$ 31,487.79 to pay 50% of the salary and benefits of a Recreation Specialist. In addition, the City will charge the CRA $22,080.00 for Information Technology Services and $1,370.00 for Telephone service. These amounts are subject to adjustment and approval in the CRA budget each year. Section 4.Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carried out by the City Manager. These services are: A.Provide staffing, Information Technology services, telephone services, and office space in City Hall for the CRA. INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 3 Section 5.Notice.Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Seth Taylor, Director112 South Osceola AvenueClearwater, Florida 33756Telephone: (727) 562-4072 City of ClearwaterAttn: William B. Horne II, City Manager112 South Osceola AvenueClearwater, Florida 33756 Telephone: (727) 562-4046 Section 6.Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7.Indemnification.The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8.Filing Effective Date.As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 4 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie CallCity Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________ George N. Cretekos William B. Horne IIMayor City Manager Approved as to form: Attest: ___________________________________________________________Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9075-17 Agenda Date: 9/7/2017 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Set final millage rate of 5.1550 mills for fiscal year 2017/18 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9075-17 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 20, 2017, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 6.86% increase from the rolled back rate of 4.8241 mills. Ordinance 9075-17 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2017/18 fiscal year. Page 1 City of Clearwater Printed on 9/7/2017 Ordinance No. 9075-17 MILLAGE ORDINANCE ORDINANCE NO. 9075-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 6.86% INCREASE FROM THE ROLLED BACK RATE OF 4.8241 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2017, and ending September 30, 2018, from ad valorem taxes is $50,428,980; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550 mills are necessary to generate $50,428,980; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2017. Section 2. The levy of 5.1550 mills constitutes a 6.86% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2017. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk | 1 CITY OF CLEARWATER Fiscal Year 2017/18 100 S. Myrtle Ave. Clearwater, FL 33756 myclearwater.com PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS | 2 CITY OF CLEARWATER | 2 CITY OF CLEARWATER Total Budget (All City Operations) FY 2016/17 FY 2017/18 Increase 468,355,080 566,727,330 21.0% | 3 CITY OF CLEARWATER | 3 CITY OF CLEARWATER All Funds Fund FY 2016/17 FY 2017/18 Increase General Fund $131,648,530 $134,945,720 2.5% Utility Funds 168,313,880 174,760,000 3.8% Enterprise Funds 10,241,930 10,343,040 1.0% Internal Service Funds 58,977,120 62,393,670 5.8% Special Revenue Funds 19,907,520 26,609,190 33.7% Capital Fund 79,266,100 157,675,710 98.9% | 4 CITY OF CLEARWATER | 4 CITY OF CLEARWATER $0 $3 $6 $9 $12 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 $11.2 $10.2 $7.9 $7.5 $8.2 $9.4 $10.2 Property Values Billion | 5 CITY OF CLEARWATER | 5 CITY OF CLEARWATER Millage Rate Current Millage Rate 5.1550 mills Proposed Millage Rate 5.1550 mills (6.86% greater than rolled-back rate) Rolled Back Rate 4.8241 mills | 6 CITY OF CLEARWATER | 6 CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $50.1 $43.9 $37.7 $38.3 $43.3 $46.6 $50.4 Ad Valorem Tax Revenues Million | 7 CITY OF CLEARWATER | 7 CITY OF CLEARWATER General Fund Revenue Source FY 2016/17 FY 2017/18 Increase/ (Decrease) Ad Valorem Tax $44,384,830 $48,026,390 8.2% Utility Taxes 14,717,600 14,741,900 0.2% Other Taxes 7,100,400 6,695,000 (5.7%) Franchise Fees 10,280,100 10,030,000 (2.4%) Intergovernmental 21,939,820 22,711,440 3.5% Charges for Service 15,988,040 16,311,460 2.0% Transfers In 10,218,150 10,641,120 4.1% All Other Revenue 7,019,590 5,788,410 (17.5%) TOTAL $131,648,530 $134,945,720 2.5% | 8 CITY OF CLEARWATER | 8 CITY OF CLEARWATER General Fund Expenditures Department FY 2016/17 FY 2017/18 Increase/ (Decrease) Police $39,781,790 $41,389,690 4.0% Fire 26,312,890 27,143,410 3.2% Parks & Recreation 25,682,620 28,916,880 12.6% Library 7,219,940 7,307,220 1.2% Planning & Development 5,627,690 5,678,790 0.9% Engineering 7,865,730 7,755,510 (1.4%) All Other Departments 19,157,870 16,754,220 (12.5%) TOTAL $131,648,530 $134,945,720 2.5% | 9 CITY OF CLEARWATER | 9 CITY OF CLEARWATER General Fund Budget By Department Police 31% Fire / EMS 20% Parks and Recreation 21.5% Library 5% Engineering 6% Planning and Development 4% Adm/Other 12.5% Public Safety 51% $134.9 Million | 10 CITY OF CLEARWATER | 10 CITY OF CLEARWATER General Fund Budget By Category Personnel 65.5% Operating 16% Internal Service 12% Interfund Transfers 5% Debt and Capital 1.5% $134.9 Million | 11 CITY OF CLEARWATER | 11 CITY OF CLEARWATER $0 $35 $70 $105 $140 General Fund History Total General Fund Budget CPI | 12 CITY OF CLEARWATER | 12 CITY OF CLEARWATER 0 250 500 750 1,000 1,250 1,500 1,750 2,000 1,954.3 1,846.5 1,708.4 1,685.5 1,709.7 1,790.3 1,829.6 Full Time Equivalent Positions (All Funds) Other Funds General Fund | 13 CITY OF CLEARWATER | 13 CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap – 2.1% 2016 2017 Increase Taxable Value $100,000 $102,100 $2,100 City Taxes $515.50 $526.33 $10.83 | 14 CITY OF CLEARWATER | 14 CITY OF CLEARWATER Property Tax Distribution FY2017/18 20.4150 mills | 15 CITY OF CLEARWATER | 15 CITY OF CLEARWATER Utility Rate Increases Water & Sewer 6.25% Solid Waste & Recycling 3.75% Stormwater 0.50% | 16 CITY OF CLEARWATER | 16 CITY OF CLEARWATER Public Hearings Thursday, Sept. 7 – 6 p.m. Monday, Sept. 18 – 6 p.m. | 17 CITY OF CLEARWATER Fiscal Year 2017/18 100 S. Myrtle Ave. Clearwater, FL 33756 myclearwater.com PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9076-17 Agenda Date: 9/7/2017 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2017/18 fiscal year and pass Ordinance 9076-17 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2017/18 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2017, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2017/18 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 20, 2017, and at the August 2, 2017 Special Budget Council meeting for Council discussion and citizen input. The following changes have been made to the Preliminary Operating Budget and are included in the ordinances for adoption of the operating budget: ·The expenditure budget for the Parks and Recreation Department is increased by $1,265,420 to include the operating budgets of the Pier 60 and Sailing Center programs which were previously a part of the Marine and Aviation Department. This is due to a management change which was made after release of the preliminary budget and has a net zero effect on the total General Fund operating budget. ·The expenditure budget for the Water and Sewer Fund is increased by $145,850 to reflect transfers to the Capital Improvement Fund which weren’t included in preliminary figures. This represents impact fee funding in capital projects that are planned in the Capital Improvement budget for fiscal year 2017/2018. ·The expenditure budget for the Central Insurance Fund is decreased by $215,680 to reflect a reduction in workers compensation costs based upon updated estimates. This change reduces the use of Central Insurance Fund reserves which were budgeted to offset the increased cost of workers compensation insurance. ·In the Special Revenue funds, both revenues and expenditures are reduced by a total of $236,780 to reflect the adjusted total of CDBG, HOME and SHIP funds in the 2017/18 Page 1 City of Clearwater Printed on 9/7/2017 File Number: 9076-17 Annual Action Plan approved by the City Council on August 3, 2017. A worksheet detailing these changes made to the final budget for fiscal year 2017/18 is attached. Page 2 City of Clearwater Printed on 9/7/2017 Currently Proposed Final Proposed Change Ordinance General General GOVERNMENTAL FUNDS Fund Fund Balances Brought Forward 14,888,826 14,888,826 Budgeted Revenues Ad Valorem Taxes 48,026,390 48,026,390 Utility Taxes 14,741,900 14,741,900 Local Option, Fuel & Other Taxes 6,695,000 6,695,000 Franchise Fees 10,030,000 10,030,000 Other Permits and Fees 2,191,500 2,191,500 Intergovernmental Revenue 22,711,440 22,711,440 Charges for Services 16,311,460 16,311,460 Judgments, Fines and Forfeits 1,189,000 1,189,000 Miscellaneous Revenues 2,407,910 2,407,910 Transfers In 10,641,120 10,641,120 Other Financing Sources TOTAL BUDGETED REVENUES 134,945,720 - 134,945,720 TOTAL REVENUES, TRANSFERS, AND BALANCES 149,834,546 - 149,834,546 Budgeted Expenditures City Council 355,960 355,960 City Manager's Office 1,011,120 1,011,120 City Attorney's Office 1,666,230 1,666,230 City Audit 218,270 218,270 CRA Administration 397,890 397,890 Economic Development and Housing 1,833,130 1,833,130 Engineering 7,755,510 7,755,510 Finance 2,478,120 2,478,120 Fire 27,143,410 27,143,410 Human Resources 1,406,620 1,406,620 Library 7,307,220 7,307,220 Marine and Aviation 1,265,420 (1,265,420)(1)- Non-Departmental 4,917,640 4,917,640 Official Records and Legislative Services 1,172,830 1,172,830 Parks and Recreation 27,651,460 1,265,420 (1)28,916,880 Planning and Development 5,678,790 5,678,790 Police 41,389,690 41,389,690 Public Communications 1,025,640 1,025,640 Public Utilities 270,770 270,770 TOTAL BUDGETED EXPENDITURES 134,945,720 - 134,945,720 Fund Balances/Reserves/Net Assets 14,888,826 14,888,826 TOTAL EXPENDITURES AND BALANCES 149,834,546 149,834,546 General Fund Operating Budget 2017/18 As Amended for Final Budget Ordinance for September 7, 2017 Public Hearing (1) To add the budget total for the operations of the Pier 60 and Sailing Center programs (Marine and Aviation) into the Parks and Recreation Department total. This is due to a management change in the operations of these programs which was made after the release of the preliminary budget. Page 1 Currently Proposed Final Proposed Change Ordinance Water & Water & Sewer Utility Sewer Utility UTILITY FUNDS Fund Fund Balances Brought Forward 34,657,181 34,657,181 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 84,535,160 84,535,160 Judgments, Fines and Forfeits 271,000 271,000 Miscellaneous Revenues 665,000 665,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 85,471,160 - 85,471,160 TOTAL REVENUES, TRANSFERS, AND BALANCES 120,128,341 - 120,128,341 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,612,080 1,612,080 Wastewater Collection 7,514,850 49,850 (1)7,564,700 Public Utilities Maintenance 6,752,780 6,752,780 WPC Plant Operations 14,666,600 14,666,600 WPC Laboratory Operations 1,577,060 1,577,060 WPC Industrial Pretreatment 937,900 937,900 Water Distribution 8,996,120 96,000 (1)9,092,120 Water Supply 22,328,040 22,328,040 Reclaimed Water 3,123,340 3,123,340 Non-Departmental 11,997,750 11,997,750 TOTAL BUDGETED EXPENDITURES 79,506,520 145,850 79,652,370 Fund Balances/Reserves/Net Assets 40,621,821 40,475,971 TOTAL EXPENDITURES AND BALANCES 120,128,341 120,128,341 (1) To add in transfers to CIP which were not included in preliminary figures. This represents impact fee funding which was included in the preliminary Capital Improvement budget. Water and Sewer Fund Operating Budget 2017/18 As Amended for Final Budget Ordinance for September 7, 2017 Public Hearing Page 2 Currently Proposed Final Proposed Change Ordinance Central Central Insurance Insurance INTERNAL SERVICE FUNDS Fund Fund Balances Brought Forward 20,220,930 20,220,930 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 25,389,450 25,389,450 Judgments, Fines and Forfeits Miscellaneous Revenues 400,000 400,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 25,789,450 - 25,789,450 TOTAL REVENUES, TRANSFERS, AND BALANCES 46,010,380 46,010,380 Budgeted Expenditures Central Insurance Fund Risk Management 485,080 485,080 Employee Benefits 399,710 399,710 Employee Health Center 1,691,490 1,691,490 Non-Departmental 23,740,390 (215,680)(1)23,524,710 TOTAL BUDGETED EXPENDITURES 26,316,670 (215,680)26,100,990 Fund Balances/Reserves/Net Assets 19,693,710 19,909,390 TOTAL EXPENDITURES AND BALANCES 46,010,380 46,010,380 (1) To recognize a reduction of $215,680 in workers compensation costs based on updated estimates. This change reduces the use of Central Insurance Fund reserves to a new total of $311,540. Central Insurance Fund Operating Budget 2017/18 As Amended for Final Budget Ordinance for September 7, 2017 Public Hearing Page 3 Currently Currently Proposed Final Proposed Proposed Change Ordinance Total Special Other Housing Special Program Assistance Trust Program SPECIAL REVENUE FUNDS Fund Fund Funds Balances Brought Forward 1,872,685 - 1,872,685 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue 667,630 985,060 (236,780)(1)1,415,910 Charges for Services Judgments, Fines and Forfeits Miscellaneous Revenues 50,000 50,000 Transfers In 177,110 177,110 Other Financing Sources TOTAL BUDGETED REVENUES 894,740 985,060 (236,780)1,643,020 TOTAL REVENUES, TRANSFERS, AND BALANCES 2,767,425 985,060 3,515,705 Budgeted Expenditures Police 50,000 50,000 General Government Services 37,380 37,380 Economic Environment 685,860 985,060 (826,400)(1)844,520 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 589,620 (1)589,620 TOTAL BUDGETED EXPENDITURES 844,740 985,060 (236,780)1,593,020 Fund Balances/Reserves/Net Assets 1,922,685 - 1,922,685 TOTAL EXPENDITURES AND BALANCES 2,767,425 985,060 3,515,705 Special Program and Other Housing Assistance Trust Funds Budget 2017/18 As Amended for Final Budget Ordinance for September 7, 2017 Public Hearing (1) To recognize a reduction of $236,780 from the preliminary estimate of intergovernmental revenues received from CDBG, HOME and SHIP based upon the Annual Action Plan which was approved by the Council on August 3, 2017, and to reflect the transfer of funds for administrative costs. Page 4 Ordinance No. 9076-17 OPERATING BUDGET ORDINANCE ORDINANCE NO. 9076-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2017, and ending September 30, 2018; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 7, 2017, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2017, and ending September 30, 2018, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Ordinance No. 9076-17 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2017. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 1 Special Special Other Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Funds Balances Brought Forward 14,888,826 12,352,141 1,872,685 0 29,113,652 Budgeted Revenues Ad Valorem Taxes 48,026,390 2,402,590 50,428,980 Utility Taxes 14,741,900 14,741,900 Local Option, Fuel & Other Taxes 6,695,000 13,129,450 19,824,450 Franchise Fees 10,030,000 10,030,000 Other Permits and Fees 2,191,500 2,191,500 Intergovernmental Revenue 22,711,440 656,940 758,970 24,127,350 Charges for Services 16,311,460 270,000 16,581,460 Judgments, Fines and Forfeits 1,189,000 1,189,000 Miscellaneous Revenues 2,407,910 450,000 50,000 2,907,910 Transfers In 10,641,120 177,110 10,818,230 Other Financing Sources TOTAL BUDGETED REVENUES 134,945,720 16,252,040 884,050 758,970 152,840,780 TOTAL REVENUES, TRANSFERS, AND BALANCES 149,834,546 28,604,181 2,756,735 758,970 181,954,432 Budgeted Expenditures City Council 355,960 355,960 City Manager's Office 1,011,120 1,011,120 City Attorney's Office 1,666,230 1,666,230 City Audit 218,270 218,270 CRA Administration 397,890 397,890 Economic Development and Housing 1,833,130 1,833,130 Engineering 7,755,510 7,755,510 Finance 2,478,120 2,478,120 Fire 27,143,410 27,143,410 Human Resources 1,406,620 1,406,620 Library 7,307,220 7,307,220 Non-Departmental 4,917,640 4,917,640 Official Records and Legislative Services 1,172,830 1,172,830 Parks and Recreation 28,916,880 28,916,880 Planning and Development 5,678,790 5,678,790 Police 41,389,690 50,000 41,439,690 Public Communications 1,025,640 1,025,640 Public Utilities 270,770 270,770 General Government Services 37,380 37,380 Economic Environment 296,087 548,433 844,520 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 25,016,170 379,083 210,537 25,605,790 TOTAL BUDGETED EXPENDITURES 134,945,720 25,016,170 834,050 758,970 161,554,910 Fund Balances/Reserves/Net Assets 14,888,826 3,588,011 1,922,685 0 20,399,522 TOTAL EXPENDITURES AND BALANCES 149,834,546 28,604,181 2,756,735 758,970 181,954,432 EXHIBIT A CITY OF CLEARWATER 2017-18 BUDGET Ordinance No. 9076-17 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 34,657,181 29,412,136 24,307,630 31,496,179 119,873,126 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,600 1,600 Intergovernmental Revenue Charges for Services 84,535,160 18,176,870 24,649,500 41,313,120 168,674,650 Judgments, Fines and Forfeits 271,000 70,000 93,100 132,000 566,100 Miscellaneous Revenues 665,000 335,000 889,200 484,500 2,373,700 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 85,471,160 18,581,870 25,633,400 41,929,620 171,616,050 TOTAL REVENUES, TRANSFERS, AND BALANCES 120,128,341 47,994,006 49,941,030 73,425,799 291,489,176 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,612,080 1,612,080 Wastewater Collection 7,564,700 7,564,700 Public Utilities Maintenance 6,752,780 6,752,780 WPC Plant Operations 14,666,600 14,666,600 WPC Laboratory Operations 1,577,060 1,577,060 WPC Industrial Pretreatment 937,900 937,900 Water Distribution 9,092,120 9,092,120 Water Supply 22,328,040 22,328,040 Reclaimed Water 3,123,340 3,123,340 Non-Departmental 11,997,750 11,997,750 Stormwater Fund Stormwater Management 11,467,640 11,467,640 Stormwater Maintenance 6,475,860 6,475,860 Solid Waste & Recycling Fund Administration 971,810 971,810 Solid Waste Collection 17,306,180 17,306,180 Solid Waste Transfer 1,705,000 1,705,000 Solid Waste Container Maintenance 884,600 884,600 Recycling Residential 1,408,690 1,408,690 Recycling Multi Family 469,610 469,610 Recycling Commercial 4,530,870 4,530,870 Gas Fund Administration and Supply 21,720,140 21,720,140 Pinellas Gas Operations 7,430,530 7,430,530 Pasco Gas Operations 5,634,970 5,634,970 Gas Marketing and Sales 15,101,730 15,101,730 TOTAL BUDGETED EXPENDITURES 79,652,370 17,943,500 27,276,760 49,887,370 174,760,000 Fund Balances/Reserves/Net Assets 40,475,971 30,050,506 22,664,270 23,538,429 116,729,176 TOTAL EXPENDITURES AND BALANCES 120,128,341 47,994,006 49,941,030 73,425,799 291,489,176 EXHIBIT A CITY OF CLEARWATER 2017-18 BUDGET Ordinance No. 9076-17 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 422,740 133,472 1,115,504 21,792,883 23,464,599 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue 4,000 4,000 Charges for Services 19,000 4,512,380 732,490 6,381,140 11,645,010 Judgments, Fines and Forfeits 3,000 800 630,000 633,800 Miscellaneous Revenues 297,870 50,000 29,000 267,000 643,870 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 316,870 4,569,380 762,290 7,278,140 12,926,680 TOTAL REVENUES, TRANSFERS, AND BALANCES 739,610 4,702,852 1,877,794 29,071,023 36,391,279 Budgeted Expenditures Airpark Fund Airpark Operations 268,310 268,310 Marine Fund Marina Operations 3,907,710 3,907,710 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 651,060 651,060 Parking Fund Parking System 4,012,300 4,012,300 Parking Enforcement 621,660 621,660 Beach Guard Operations 882,000 882,000 TOTAL BUDGETED EXPENDITURES 268,310 3,907,710 651,060 5,515,960 10,343,040 Fund Balances/Reserves/Net Assets 471,300 795,142 1,226,734 23,555,063 26,048,239 TOTAL EXPENDITURES AND BALANCES 739,610 4,702,852 1,877,794 29,071,023 36,391,279 EXHIBIT A CITY OF CLEARWATER 2017-18 BUDGET Ordinance No. 9076-17 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 8,328,349 1,088,194 3,982,656 20,220,930 33,620,129 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 11,517,320 4,974,920 17,762,040 25,389,450 59,643,730 Judgments, Fines and Forfeits Miscellaneous Revenues 100,000 20,000 696,000 400,000 1,216,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 11,617,320 4,994,920 18,458,040 25,789,450 60,859,730 TOTAL REVENUES, TRANSFERS, AND BALANCES 19,945,669 6,083,114 22,440,696 46,010,380 94,479,859 Budgeted Expenditures Administrative Services Fund Information Technology/Administration 379,670 379,670 Network Services 3,784,890 3,784,890 Software Applications 3,620,100 3,620,100 Telecommunications 868,200 868,200 Courier 176,470 176,470 Clearwater Customer Service 3,612,890 3,612,890 General Services Fund Administration 380,690 380,690 Building and Maintenance 4,807,890 4,807,890 Garage Fund Fleet Maintenance 16,839,010 16,839,010 Radio Communications 1,822,870 1,822,870 Central Insurance Fund Risk Management 485,080 485,080 Employee Benefits 399,710 399,710 Employee Health Center 1,691,490 1,691,490 Non-Departmental 23,524,710 23,524,710 TOTAL BUDGETED EXPENDITURES 12,442,220 5,188,580 18,661,880 26,100,990 62,393,670 Fund Balances/Reserves/Net Assets 7,503,449 894,534 3,778,816 19,909,390 32,086,189 TOTAL EXPENDITURES AND BALANCES 19,945,669 6,083,114 22,440,696 46,010,380 94,479,859 EXHIBIT A CITY OF CLEARWATER 2017-18 BUDGET Ordinance No. 9076-17 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 29,113,652 119,873,126 23,464,599 33,620,129 206,071,506 Budgeted Revenues Ad Valorem Taxes 50,428,980 50,428,980 Utility Taxes 14,741,900 14,741,900 Local Option, Fuel & Other Taxes 19,824,450 19,824,450 Franchise Fees 10,030,000 10,030,000 Other Permits and Fees 2,191,500 1,600 2,193,100 Intergovernmental Revenue 24,127,350 4,000 24,131,350 Charges for Services 16,581,460 168,674,650 11,645,010 59,643,730 256,544,850 Judgments, Fines and Forfeits 1,189,000 566,100 633,800 2,388,900 Miscellaneous Revenues 2,907,910 2,373,700 643,870 1,216,000 7,141,480 Transfers In 10,818,230 10,818,230 Other Financing Sources TOTAL BUDGETED REVENUES 152,840,780 171,616,050 12,926,680 60,859,730 398,243,240 TOTAL REVENUES, TRANSFERS, AND BALANCES 181,954,432 291,489,176 36,391,279 94,479,859 604,314,746 Budgeted Expenditures City Council 355,960 355,960 City Manager's Office 1,011,120 1,011,120 City Attorney's Office 1,666,230 1,666,230 City Audit 218,270 218,270 CRA Administration 397,890 397,890 Economic Development and Housing 1,833,130 1,833,130 Engineering 7,755,510 7,755,510 Finance 2,478,120 2,478,120 Fire 27,143,410 27,143,410 Human Resources 1,406,620 1,406,620 Library 7,307,220 7,307,220 Non-Departmental 4,917,640 4,917,640 Official Records and Legislative Services 1,172,830 1,172,830 Parks and Recreation 28,916,880 28,916,880 Planning and Development 5,678,790 5,678,790 Police 41,439,690 41,439,690 Public Communications 1,025,640 1,025,640 Public Services 270,770 270,770 General Government Services 37,380 37,380 Economic Environment 844,520 844,520 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 25,605,790 25,605,790 Water & Sewer Fund Expenditures Public Utilities Administration 1,612,080 1,612,080 Wastewater Collection 7,564,700 7,564,700 Public Utilities Maintenance 6,752,780 6,752,780 WPC Plant Operations 14,666,600 14,666,600 WPC Laboratory Operations 1,577,060 1,577,060 WPC Industrial Pretreatment 937,900 937,900 Water Distribution 9,092,120 9,092,120 Water Supply 22,328,040 22,328,040 Reclaimed Water 3,123,340 3,123,340 Non-Departmental 11,997,750 11,997,750 Stormwater Fund Stormwater Management 11,467,640 11,467,640 Stormwater Maintenance 6,475,860 6,475,860 EXHIBIT B CITY OF CLEARWATER 2017-18 BUDGET Ordinance No. 9076-17 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 971,810 971,810 Solid Waste Collection 17,306,180 17,306,180 Solid Waste Transfer 1,705,000 1,705,000 Solid Waste Container Maintenance 884,600 884,600 Recycling Residential 1,408,690 1,408,690 Recycling Multi Family 469,610 469,610 Recycling Commercial 4,530,870 4,530,870 Gas Fund Administration and Supply 21,720,140 21,720,140 Pinellas Gas Operations 7,430,530 7,430,530 Pasco Gas Operations 5,634,970 5,634,970 Gas Marketing and Sales 15,101,730 15,101,730 Recycling Fund Airpark Fund Airpark Operations 268,310 268,310 Marine Fund Marina Operations 3,907,710 3,907,710 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 651,060 651,060 Parking Fund Parking System 4,012,300 4,012,300 Parking Enforcement 621,660 621,660 Beach Guard Operations 882,000 882,000 Administrative Services Fund Information Technology/Administration 379,670 379,670 Network Services 3,784,890 3,784,890 Software Applications 3,620,100 3,620,100 Telecommunications 868,200 868,200 Courier 176,470 176,470 Clearwater Customer Service 3,612,890 3,612,890 General Services Fund Administration 380,690 380,690 Building and Maintenance 4,807,890 4,807,890 Garage Fund Fleet Maintenance 16,839,010 16,839,010 Radio Communications 1,822,870 1,822,870 Central Insurance Fund Risk Management 485,080 485,080 Employee Benefits 399,710 399,710 Employee Health Center 1,691,490 1,691,490 Non-Departmental 23,524,710 23,524,710 TOTAL BUDGETED EXPENDITURES 161,554,910 174,760,000 10,343,040 62,393,670 409,051,620 Fund Balances/Reserves/Net Assets 20,399,522 116,729,176 26,048,239 32,086,189 195,263,126 TOTAL EXPENDITURES AND BALANCES 181,954,432 291,489,176 36,391,279 94,479,859 604,314,746 2017-18 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 9076-17 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9077-17 Agenda Date: 9/7/2017 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt the Fiscal Year 2017/18 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 9077-17 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2017/18 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2017, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2017/18 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 20, 2017, and at the August 2, 2017 Special Budget Council meeting for Council discussion and citizen input. No changes have been made to the preliminary 2017/18 Capital Improvement Fund budget. In the preliminary Six Year Capital Improvement Plan, funding budgeted for fiscal year 2019 in the amount of $483,000 for “Sports Turf Installation” at the Jack Russell Stadium practice field has been eliminated. This project has been accelerated to fiscal year 2016/2017 as a third quarter budget amendment, approved by the Council on August 16, 2017. Page 1 City of Clearwater Printed on 9/7/2017 Ordinance No. 9077-17 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 9077-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2017, and ending September 30, 2018; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 7, 2017; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2017, and ending September 30, 2018, a Ordinance No. 9077-17 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2017. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2017/18 General Operating Revenue 5,473,110 Road Millage 2,402,590 Penny for Pinellas 20,889,840 Multi-Modal Impact Fees 140,000 Local Option Fuel Tax 1,583,740 Special Program Fund 100,000 Grants 80,000 SELF SUPPORTING FUNDS: Marine Revenue 120,000 Clearwater Harbor Marina Fund 40,000 Airpark Revenue 55,000 Parking Revenue 687,500 Utility System: Water Revenue 4,463,700 Sewer Revenue 542,540 Water Impact Fees 96,000 Sewer Impact Fees 49,850 Utility R & R 12,844,550 Stormwater Utility Revenue 6,374,220 Gas Revenue 15,100,000 Solid Waste Revenue 1,080,500 Recycling Revenue 3,079,500 INTERNAL SERVICE FUNDS: Garage Revenue 813,900 General Services Fund 250,000 Administrative Services Revenue 1,555,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 2,066,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Gas 196,000 Lease Purchase - Water & Sewer 1,210,000 Lease Purchase - Recycling 408,000 Bond Issues - Water & Sewer 69,289,270 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 6,303,900 Lease Purchase - General Services 36,000 Lease Purchase - Administrative Services 345,000 TOTAL ALL FUNDING SOURCES:$157,675,710 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2017/18 Exhibit A Ordinance No. 9077-17 Budgeted Expenditures FUNCTION:2017/18 Second Century Clearwater 12,000,000 Police Protection 521,000 Fire Protection 3,331,610 Major Street Maintenance 3,997,340 Sidewalk and Bike Trails 472,000 Intersections 431,990 Parking 600,000 Miscellaneous Engineering 45,000 Parks Development 6,477,840 Marine Facilities 537,500 Airpark Facilities 115,000 Libraries 185,000 Garage 6,700,800 Maintenance of Buildings 2,570,000 General Public City Building 4,180,710 Miscellaneous 4,960,000 Stormwater Utility 5,290,010 Gas System 15,296,000 Solid Waste & Recycling 4,568,000 Utilities Miscellaneous 300,000 Sewer System 34,961,660 Water System 50,134,250 TOTAL PROJECT EXPENDITURES $157,675,710 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2017/18 Ordinance No. 9077-17 Function 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 Total Second Century Clearwater 12,000,000 4,000,000 5,800,000 4,000,000 0 0 25,800,000 Police Protection 521,000 100,000 100,000 1,600,000 6,100,000 150,000 8,571,000 Fire Protection 3,331,610 4,681,710 1,390,280 2,200,740 1,314,720 2,359,230 15,278,290 Major Street Maintenance 3,997,340 3,815,170 3,819,170 3,512,170 3,512,170 3,512,170 22,168,190 Sidewalk and Bike Trails 472,000 472,000 473,250 0 0 0 1,417,250 Intersections 431,990 315,410 315,400 315,390 315,390 315,390 2,008,970 Parking 600,000 382,500 384,000 384,000 384,000 384,000 2,518,500 Miscellaneous Engineering 45,000 45,000 2,470,000 45,000 45,000 45,000 2,695,000 Parks Development 6,477,840 4,715,000 5,265,000 7,035,000 3,465,000 5,795,000 32,752,840 Marine Facilities 537,500 585,000 575,000 425,000 425,000 425,000 2,972,500 Airpark Facilities 115,000 1,215,000 1,475,000 3,055,000 515,000 265,000 6,640,000 Libraries 185,000 201,500 193,080 194,730 196,470 138,290 1,109,070 Garage 6,700,800 6,729,700 6,864,290 6,901,630 7,041,790 7,184,800 41,423,010 Maintenance of Buildings 2,570,000 2,215,000 2,125,000 955,000 1,160,000 810,000 9,835,000 General Public City Building 4,180,710 1,040,050 10,700,620 0 135,730 1,627,220 17,684,330 Miscellaneous 4,960,000 1,995,000 1,620,000 1,680,000 1,430,000 1,530,000 13,215,000 Stormwater Utility 5,290,010 6,970,720 6,066,170 7,511,530 7,743,230 7,939,480 41,521,140 Gas System 15,296,000 5,300,000 5,300,000 5,300,000 5,300,000 5,300,000 41,796,000 Solid Waste & Recycling 4,568,000 625,000 625,000 625,000 625,000 625,000 7,693,000 Utilities Miscellaneous 300,000 670,000 550,000 75,000 0 0 1,595,000 Sewer System 34,961,660 44,449,540 18,935,370 16,128,280 18,807,710 14,034,300 147,316,860 Water System 50,134,250 11,193,140 8,388,900 8,277,280 10,045,850 10,272,610 98,312,030 157,675,710 101,716,440 83,435,530 70,220,750 68,562,060 62,712,490 544,322,980 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2017-2018 THROUGH FY 2022-2023 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 9077-17 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3812 Agenda Date: 9/7/2017 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2017/18 through 2019/20. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas project list that meet this criteria in the proposed 2017/18 capital improvement budget and six-year plan include the following: ·Seminole Boat Launch Improvements - This project has been established in the amount of $5 million to be funded in fiscal year 2017/2018. The funding will provide for the improvements to the parking lot and launch area, dock expansion, lighting updates, and enhanced gateways from Seminole Street to Osceola Avenue. ·Aviation Operations Center - This project has been established in the amount of $760,000 to be funded in fiscal year 2019/2020. The total project budget is estimated at $3.8 million to construct a new operations center at the City’s Airpark. Staff will seek an FDOT grant to provide the remaining funding needed. ·Bicycle Paths-Bridges - This project funding has been increased by $500,000 in Penny for Pinellas funding planned in fiscal year 2017/2018. The increase will provide additional funding for the City’s portion of the pedestrian overpass at State Road 60. ·McMullen Tennis Complex - This project has been increased by $300,000 in Penny for Pinellas funding planned in fiscal year 2017/2018. This will provide additional funds needed for the construction of four lighted soft courts at the McMullen Tennis Complex. ·Fire Ladder Truck - The project funding has been increased by $144,180 to a new total of $1,300,000 to provide for the purchase and equipping of a replacement aerial unit for one of the three existing Pierce Aerial vehicles which has reached the end of its useful life as a front-line unit. Page 1 City of Clearwater Printed on 9/7/2017 File Number: ID#17-3812 Page 2 City of Clearwater Printed on 9/7/2017 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 7, 2017 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2017/18 through 2019/20 totaling $36,018,550 to fund capital projects under the Penny for Pinellas Plan. Significant changes to the plan include:  Seminole Boat Launch Improvements – This project has been established in the amount of $5 million to be funded in fiscal year 2017/2018. The funding will provide for the improvements to the parking lot and launch area, dock expansion, lighting updates, and enhanced gateways from Seminole Street to Osceola Avenue.  Aviation Operations Center – This project has been established in the amount of $760,000 to be funded in fiscal year 2019/2020. The total project budget is estimated at $3.8 million to construct a new operations center at the City’s Airpark. Staff will seek an FDOT grant to provide the remaining funding needed.  Bicycle Paths-Bridges – This project funding has been increased by $500,000 in Penny for Pinellas funding planned in fiscal year 2017/2018. The increase will provide additional funding for the City’s portion of the pedestrian overpass at State Road 60.  McMullen Tennis Complex – This project has been increased by $300,000 in Penny for Pinellas funding planned in fiscal year 2017/2018. This will provide additional funds needed for the construction of four lighted soft courts at the McMullen Tennis Complex.  Fire Ladder Truck – The project funding has been increased by $144,180 to a new total of $1,300,000 to provide for the purchase and equipping of a replacement aerial unit for one of the three (3) existing Pierce Aerial vehicles which has reached the end of its useful life as a front-line unit. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Penny III Total Penny III Approved Proposed Approved Total Projects Changes Projects 2017/18 2018/19 2019/20 Approved Beginning Balance:7,942,770 (16,494) 3,664,178 7,942,770 11,588,900 12,052,456 4,136,416 27,777,772 Gulf Boulevard Reimbursement 1,341,676 1,341,676 2,683,352 20,873,346 13,377,638 7,800,594 38,403,894 High Priority Downtown Intermodal Facility 2,425,000 2,425,000 2,425,000 2,425,000 Police Vehicles 400,000 400,000 200,000 100,000 100,000 400,000 Lakeview Fire Station 4,198,460 4,198,460 400,000 3,798,460 4,198,460 1,300,000 Fire Ladder Truck 1,155,820 144,180 1,300,000 1,155,820 1,300,000 Emergency Operations & Disaster Recovery Facility 3,000,000 3,000,000 3,000,000 3,000,000 New AC System/Chiller - Police and MSB 1,250,000 1,250,000 200,000 600,000 450,000 1,250,000 Airpark - Replace Hangar C 240,000 240,000 240,000 240,000 Aviation Operations Center - 760,000 760,000 760,000 760,000 Seminole Boat Launch Improvements - 5,000,000 5,000,000 5,000,000 5,000,000 Medium Priority City-wide Seawall Replacement 450,000 450,000 150,000 150,000 150,000 450,000 Traffic Calming 510,000 510,000 170,000 170,000 170,000 510,000 Bridge Maintenance & Improvements 403,000 403,000 133,000 133,000 137,000 403,000 Imagine Clearwater (Waterfront/Bluff Masterplan) Coachman Park Redevelopment 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 New Sidewalk Construction 1,417,250 1,417,250 472,000 472,000 473,250 1,417,250 Low Priority Downtown Streetscaping 4,000,000 4,000,000 2,000,000 2,000,000 4,000,000 Youth Sports Fields Renovations 114,840 114,840 114,840 114,840 Neighborhood Parks Renovations 260,000 260,000 260,000 260,000 Crest Lake Park Improvements 750,000 750,000 750,000 750,000 1,250,000 Bicycle Paths-Bridges 1,500,000 500,000 2,000,000 750,000 750,000 2,000,000 Woodgate Park Renovations 450,000 450,000 450,000 450,000 Del Oro Park Renovations 450,000 450,000 450,000 450,000 Long Center Parking Improvements 550,000 550,000 550,000 550,000 Ed Wright Park Renovations 490,000 490,000 490,000 490,000 North East Coachman Park Renovations 300,000 300,000 300,000 300,000 McMullen Tennis Complex - 300,000 300,000 300,000 300,000 Total Penny III Projects 29,314,370 36,018,550 29,314,370 6,704,180 36,018,550 20,889,840 9,713,460 5,415,250 36,018,550 (16,494)3,664,178 2,385,344 2,385,344 Planned Project Expenditures Estimated Available Balance Estimated Revenue Penny for Pinellas - Proposed Changes for September 2017 Public Hearing Fiscal Years 2017/18 - 2019/20 Penny III Proceeds Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9054-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9054-17 on second reading, 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 9/7/2017 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: 9055-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Continue to November 16, 2017 second reading of Ordinance 9055-17, annexing certain real property 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 addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 45 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 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 45 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: 9056-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Continue to November 16, 2017, second reading of Ordinance 9056-17, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1715 Lakeview Road, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 45 87654 131211109 100 101 98 99 78 79 76 77 4 3RU RL RL RL RL RU RL RL RL RU RURU 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 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 45 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: 9057-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Continue to November 16, 2017, second reading of Ordinance 9057-17, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1715 Lakeview Road, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 45 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 45 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: 9058-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Continue to November 16, 2017 second reading of Ordinance 9058-17, annexing certain real properties 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 addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 1.57AC(C) AC(C) AC(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 LN 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- 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 LN 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 1.57AC(C) AC(C) AC(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 LN 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: 9059-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Continue to November 16, 2017, second reading of Ordinance 9059-17, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 AC(C) AC(C) AC(C) AC(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 LN 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- 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 LN 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 1.57AC(C) AC(C) AC(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 LN 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: 9060-17 Agenda Date: 9/7/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Continue to November 16, 2017, second reading of Ordinance 9060-17, amending the Zoning Atlas of the city by zoning certain real properties 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/7/2017 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 AC(C) AC(C) AC(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 GLEN OAK AVE N THOMAS 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 LN 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 606060606088245 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 910111213 2345678910 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 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 5753 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 1.57AC(C) AC(C) AC(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 LN 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: 17-28 Agenda Date: 9/7/2017 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Finance Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Authorize the negotiated sale of not to exceed $30,000,000 Water and Sewer Revenue Refunding Bond, Series 2017B and adopt Resolution 17-28. SUMMARY: Currently there is outstanding $30,465,000 par value of Water and Sewer Revenue Bonds, Series 2011, with maturities in years 2022 - 2032 and interest rates ranging from 4.25% to 5.00% that are callable on December 1, 2021. Current bond-market conditions present an opportunity to advance refund these bonds to achieve a present value savings of approximately $2,565,730 (8.42%). The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%”. In anticipation of a possible refunding, the City issued RFP 33-17 soliciting proposals from qualified investment companies who would be interested in providing a “bank loan” as an alternative financing source. The City received eight proposals in response to the RFP. This resolution authorizes the negotiated sale of not to exceed $30,000,000 par value at a fixed interest rate of 2.40% of Revenue Refunding Bonds, Series 2017B, to Raymond James Capital Funding, Inc., the firm submitting the most favorable response to the RFP. APPROPRIATION CODE AND AMOUNT: Not applicable Page 1 City of Clearwater Printed on 9/7/2017 Resolution No. 17-28 RESOLUTION NO. 17-28 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TOEXCEED $30,000,000 CITY OF CLEARWATER, FLORIDA WATER ANDSEWER REVENUE REFUNDING BOND, SERIES 2017B; AWARDINGTHE SALE THEREOF TO RAYMOND JAMES CAPITAL FUNDING, INC.;APPOINTING AN ESCROW AGENT; APPOINTING A PAYING AGENT AND REGISTRAR; APPOINTING A VERIFICATION AGENT ANDBIDDING AGENT; APPROVING THE FORM OF ESCROW DEPOSITAGREEMENT; PROVIDING CERTAIN OTHER MATTERS INCONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCHBOND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 2, 1984, the City Council of the City of Clearwater, Florida(the "City") enacted Ordinance No. 3674-84 (the "Original Ordinance") to provide for theissuance of bonds payable from Net Revenues of the System (as defined therein); and WHEREAS, on November 15, 2001, the City enacted Ordinance No. 6915-01(the “2001 Ordinance”, and together with the Original Ordinance, the "Bond Ordinance")which authorized the issuance of the City of Clearwater, Florida, Water and SewerRevenue [Refunding] Bonds, Series [to be determined], as Additional Bonds under theOriginal Ordinance; and WHEREAS, on December 4, 2014, the City enacted Ordinance No. 8620-14,amending the Bond Ordinance (the “2014 Amending Ordinance” and together with theBond Ordinance, the “Amended Bond Ordinance”), the provisions of which shall applyto each series of Additional Bonds which are authorized on and after the date of enactment of the 2014 Amending Ordinance, retroactive to such date of enactmentupon receipt of the consent of any bond insurer then insuring a series of Bonds issuedunder the Bond Ordinance together with the consent of the holders of two-thirds inprincipal of Bonds then outstanding; and WHEREAS, the City has received the consent to the adoption and effectivenessof the Amended Bond Ordinance from Assured Guaranty Municipal Corp., dated August9, 2017, the insurer of the City’s Water and Sewer Revenue Refunding Bonds, Series2003, the only series of Bonds issued under the Bond Ordinance which is additionallysecured by a municipal bond insurance policy; and WHEREAS, with the issuance of the Series 2017B Bonds (defined below) hereinauthorized, the provisions of the 2014 Amending Ordinance will become effective,retroactive to the date of its adoption; and WHEREAS, the City by this Resolution intends to provide for the issuance of itsnot to exceed $30,000,000 City of Clearwater, Florida Water and Sewer RevenueRefunding Bond, Series 2017B (the "Series 2017B Bond") as an Additional Bond to Resolution No. 17-282 advance refund the City's outstanding Water and Sewer Revenue Refunding Bonds,Series 2011 maturing on and after December 1, 2022 (the "Refunded Bonds"); and WHEREAS, other than the Refunded Bonds, the City has currently outstandingunder the Bond Ordinance, its Water and Sewer Revenue Refunding Bonds, Series2003, Water and Sewer Revenue Bonds, Series 2009A, Water and Sewer RevenueRefunding Bonds, Series 2009B, those portions of its Water and Sewer Revenue Refunding Bonds, Series 2011 which are not Refunded Bonds hereunder, Water andSewer Revenue Refunding Bond, Series 2014, and Water and Sewer RevenueRefunding Bonds, Series 2017 (collectively, the "Parity Bonds"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale of the not to exceed $30,000,000 Series 2017B Bond; and WHEREAS, the City issued a Request for Proposals No. 33-17 (the "RFP") tobanking and other institutions on July 6, 2017, and received responses thereto on July27, 2017; and WHEREAS, the City now desires to approve the issuance and sale of its Series2017B Bond pursuant to the RFP to Raymond James Capital Funding, Inc. (the"Purchaser", and upon purchase of the Series 2017B Bond, the “Bondholder”), therespondent who provided the most favorable response to the RFP, and to take certain other actions in connection with the issuance and sale of the Series 2017B Bond; and WHEREAS, the City will be provided all applicable disclosure information by thePurchaser as required by Section 218.385, Florida Statutes; and WHEREAS, this resolution shall constitute a supplemental resolution under theterms of the Amended Bond Ordinance, and all capitalized undefined terms used hereinshall have the meanings set forth in the Bond Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII,Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, theCharter of the City of Clearwater, Florida, the Amended Bond Ordinance and other applicable provisions of law. A series of the Water and Sewer Revenue RefundingBonds authorized by the Bond Ordinance is hereby authorized to be issued in aprincipal amount of not to exceed $30,000,000 pursuant to this Resolution, with suchbond hereby designated as Series 2017B. The Series 2017B Bond authorized by thisResolution is hereby authorized to be issued as an Additional Bond under the Bond Ordinance. The issuance of the not to exceed $30,000,000 Series 2017B Bond by theCity is hereby approved upon the terms and conditions set forth in the Amended BondOrdinance and this Resolution. Resolution No. 17-283 The advance refunding of the Refunded Bonds with a redemption date ofDecember 1, 2021 is hereby authorized, to be paid in part with the proceeds of the Series 2017B Bond herein authorized. The City Manager or in his absence the DeputyCity Manager, and Finance Director are hereby authorized and directed to provideirrevocable directions to defease and redeem the Refunded Bonds. The provisions of the Amended Bond Ordinance shall be fully applicable to the Series 2017B Bond and all of the covenants contained in the Amended Bond Ordinanceshall be applicable to the Series 2017B Bond. SECTION 2. It is in the best interest of the City and the residents and inhabitantsthereof that the Series 2017B Bond be issued as a fully certificated bond to the Purchaser. SECTION 3. Due to the critical importance of the timing of the sale of the Series2017B Bond and due to the willingness of the Purchaser to purchase the Series 2017BBond at a rate favorable to the City, it is hereby determined that it is in the best interest of the public and the City to sell the Series 2017B Bond at a negotiated sale. The Cityhas received an offer from the Purchaser to purchase the Series 2017B Bond subject tothe terms and conditions set forth in the Purchaser's Term Sheet dated July 27, 2017(the "Term Sheet"), attached hereto as Exhibit A, which Term Sheet is hereby acceptedby the City with certain modifications as provided herein and in the Series 2017B Bond. The Series 2017B Bond is hereby sold and awarded to the Purchaser at the priceof 99.75% of the stated principal amount, and the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence the Deputy City Manager, are herebyauthorized to execute and deliver the Series 2017B Bond substantially in the form attached hereto as Exhibit B attested by the City Clerk, or in her absence an AssistantCity Clerk, and approved as to form and legal sufficiency by the City Attorney, receivethe purchase price therefor and apply the proceeds thereof to the refunding of theRefunded Bonds and the payment of the costs of issuance of the Series 2017B Bond asprovided herein, without further authority from this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence the Deputy City Manager, areauthorized to make any and all changes on the form of the Series 2017B Bond whichshall be necessary to conform the same to the Term Sheet. Execution of the Series2017B Bond by the Mayor, or in his absence the Vice-Mayor, and the City Manager, orin his absence the Deputy City Manager, shall be conclusive evidence of their approval of the form of the Series 2017B Bond. The Series 2017B Bond shall be payable solelyas provided herein. Prior to purchase of the Series 2017B Bond, the Purchaser shallexecute a Purchaser's Certificate attached hereto as Exhibit C. The disclosure letter asrequired by Chapter 218, Florida Statutes is attached hereto as Exhibit D. In connectionwith the transfer of the Series 2017B Bond to a subsequent holder except for an affiliate of the Purchaser, such successor holder shall deliver to the City a Purchaser’sCertificate substantially in the form attached hereto as Exhibit C prior to such Series2017B Bond being registered in the name of such successor holder. For purposes ofthis provision "affiliate" shall mean, as to any person, any other person that directly, or Resolution No. 17-284 indirectly through one or more intermediaries, Controls, is Controlled by, or is undercommon Control with, such person. For the purposes of this definition, "Control" shall mean the power, directly or indirectly, either to (i) vote 5% or more of the securitieshaving ordinary voting power for the election of directors (or persons performing similarfunctions) of a person or (ii) direct or cause the direction of the management andpolicies of a person, whether through the ability to exercise voting power, by control orotherwise. The terms "Controlled by" and "under common Control with" have the meanings correlative thereto. Following a transfer as set forth herein, "Bondholder"shall thenceforth refer to such transferee for purposes hereof and the Amended BondOrdinance. SECTION 4. The Series 2017B Bond shall be issued in fully registered form; shall be dated as of its date of initial issuance; shall be numbered; shall be in a singledenomination equal to the principal amount thereof which principal amount shall notexceed $30,000,000 and shall be determined by the City Manager or Deputy CityManager and the Mayor or Vice-Mayor prior to the issuance thereof; shall mature onDecember 1, 2032; shall bear interest at the rate of 2.40% (the "Interest Rate"), subject to the provisions of Section 9 hereof; and such interest to be payable semi-annually onthe first (1st) day of each June and December commencing on December 1, 2017.Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 daymonths. On the date of the issuance of the Series 2017B Bond, the City shall receivethe proceeds thereof and deposit the same to pay costs of issuance of the Series 2017B Bond and to refund the Refunded Bonds in accordance with the Escrow DepositAgreement. The Series 2017B Bond shall be subject to optional redemption in whole or inpart prior to its maturity date, on any Business Day (hereafter defined) on and after December 1, 2027 upon 30 days advance written notice to the Bondholder, at aredemption price equal to the principal amount being redeemed together with interestaccrued to the date of redemption. A prepayment of the Series 2017B Bond prior toDecember 1, 2027 may occur only with the prior written consent of the Bondholder. Inthe event of a partial redemption of the Series 2017B Bond, the prepayment of principal shall be applied on a prorata basis among the amortization installments. "Business Day" shall mean any day other than a Saturday or Sunday or any dayon which the City or the Bondholder is lawfully closed. The Series 2017B Bond is subject to mandatory redemption from AmortizationInstallments in part prior to maturity at a redemption price equal to 100% of the principalamount thereof, plus accrued interest to the redemption date on the dates and in theamounts as provided in the Series 2017B Bond as approved by the City Manager orDeputy City Manager and the Mayor or Vice-Mayor prior to the issuance thereof, execution of the Series 2017B Bond to be conclusive evidence of such approval. Notwithstanding the foregoing, for so long as the Series 2017B Bond is owned bythe Purchaser, the principal of, redemption price and interest on the Series 2017B Bond Resolution No. 17-285 shall be payable to the Purchaser on the respective principal and interest paymentdates through wire transfer or ACH direct transfer to the Purchaser, and upon transfer of the Series 2017B Bond to a subsequent holder, at such address as is provided by suchsubsequent holder in writing to the City, in each case without presentation of the Series2017B Bond. SECTION 5. The Series 2017B Bond shall be issued under and secured by the Amended Bond Ordinance on a parity with the Parity Bonds and any Additional Bondshereafter issued and shall be executed and delivered by the Mayor, or in his absencethe Vice-Mayor, the City Manager, or in his absence the Deputy City Manager, and theCity Clerk, or in her absence an Assistant City Clerk upon the approval of the CityAttorney as to form and legal sufficiency, in substantially the form set forth in the Bond Ordinance and Exhibit B hereto, with such additional changes and insertions therein asconform to the provisions of this Resolution and such execution and delivery shall beconclusive evidence of the approval thereof by such officers. SECTION 6. U.S. Bank National Association, with its designated office in Orlando, Florida, is hereby designated and authorized to serve as Escrow Agent for theRefunded Bonds. The Escrow Deposit Agreement is to be in substantially the form setforth in Exhibit E attached hereto, together with such changes as shall be approved bythe Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absencethe Deputy City Manager, such approval to be conclusively evidenced by their execution thereof. The execution of the Escrow Deposit Agreement is hereby approved, and theexecution of the Escrow Deposit Agreement by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence the Deputy City Manager, is herebyauthorized, to be attested by the City Clerk, or in her absence an Assistant City Clerk,the form of which to be approved by the City Attorney. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named thereinappropriate documentation to demonstrate that the sums being deposited and theinvestments to be made will be sufficient for such purposes. SECTION 7. The City’s Finance Director is hereby appointed to serve as the Paying Agent and Registrar for the Series 2017B Bond. SECTION 8. Causey Demgen & Moore Inc. is hereby appointed and designatedto provide a verification report demonstrating the adequacy of the cash and investmentsheld in the Escrow Deposit Agreement will be sufficient to pay, in full, the principal and interest on the Refunded Bonds to and including the redemption date of December 1,2021, and to act as a bidding agent for the City to purchase the federal securities for theEscrow Deposit Agreement. SECTION 9. The interest rate payable on the Series 2017B Bond shall be subject to adjustment in accordance with the following provisions: Resolution No. 17-286 "Default Rate" shall mean the greater of (a) the published Federal ReserveBank’s Prime Rate plus 3.0%, (b) the Federal Funds Rate plus 5.0%, or (c) 7.0%, per annum. "Determination of Taxability" means a final decree or judgment of any Federalcourt or a final action of the Internal Revenue Service or of the United States TreasuryDepartment determining that interest payable on the Series 2017B Bond is includable in the gross income of a Bondholder for Federal income tax purposes as a result ofactions or inactions taken by the City. No such decree, judgment, or action will beconsidered final for this purpose unless the City has been given written notice thereofand, if it is so desired by the City and is legally permissible, the City has been affordedthe opportunity to contest the same, at its own expense, either directly or in the name of the Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default" shall mean (a) an Event of Default under the Bond Ordinance,or (b) the occurrence by the City of a failure to comply with one or more covenants oragreements set forth in the Bond Ordinance or this Resolution, which default or non-compliance shall continue and not cured within thirty (30) days from the earlier ofthe date of receipt by the City of notice of such default or non-compliance by the Holder,or the date on which the Finance Director obtains actual independent knowledge ofsuch events. "Interest Rate"shall mean a per annum rate equal to 2.40%, except thatfollowing a Determination of Taxability the Interest Rate shall be the Taxable Rate, andduring an Event of Default the Interest Rate shall be the Default Rate, provided thatonce the Event of Default has been cured, the Interest Rate shall revert to a per annumrate equal to 2.40%. "Taxable Period" shall mean the period of time commencing on the date thatinterest on the Series 2017B Bond ceased to be excludable from gross income of theHolder thereof for federal income tax purposes and ending on the earlier of the date theSeries 2017B Bond ceases to be outstanding or such adjustment is no longer applicable to the Series 2017B Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, 3.70% perannum. The City shall pay interest upon the unpaid principal balance of the Series 2017BBond at the Interest Rate, subject to adjustment as provided herein. Upon aDetermination of Taxability, the Interest Rate shall be the Taxable Rate, and upon andduring the continuance of an Event of Default (notwithstanding that a Determination ofTaxability has also occurred) the Interest Rate shall equal the Default Rate. Upon the occurrence of an Event of Default, in addition to the foregoing Interest Rate adjustment,the Bondholder shall also have all remedies provided under the Amended BondOrdinance. Resolution No. 17-287 In the event of a Determination of Taxability, the interest rate payable hereunderand under the Series 2017B Bond shall be subject to adjustment to the Taxable Rate, effective as of the date on which such Determination of Taxability was made. Inaddition, upon a Determination of Taxability, the City agrees to pay to the Holder,subject to such Determination of Taxability, the Additional Amount upon demand."Additional Amount" means any penalties and interest paid or payable by such Holder tothe Internal Revenue Service by reason of such Determination of Taxability. SECTION 10. For purposes hereof, the Reserve Requirement (as defined in theAmended Bond Ordinance) for the Series 2017B Bond shall be $0.00, and upon theissuance of the Series 2017B Bond, which is also the effective date of the 2014Amending Ordinance, the Series 2017B Bond shall not be entitled to any security provided by any monies on deposit in the Reserve Account. SECTION 11. By purchasing the Series 2017B Bond, the Bondholder consentsto the amendments set forth in the 2014 Amending Ordinance. SECTION 12. All prior resolutions of the City inconsistent with the provisions ofthis resolution are hereby modified, supplemented and amended to conform with theprovisions herein contained and except as otherwise modified, supplemented andamended hereby shall remain in full force and effect. SECTION 13. The Mayor, or in his absence the Vice-Mayor, the City Manager,or in his absence the Deputy City Manager, the Finance Director, the City Attorney andthe City Clerk, or in her absence an Assistant City Clerk or any other appropriateofficers of the City are hereby authorized and directed to execute any and allcertifications or other instruments or documents required by the Resolution, the Term Sheet, the Escrow Deposit Agreement or any other document referred to above as aprerequisite or precondition to the issuance of the Series 2017B Bond and any suchrepresentation made therein shall be deemed to be made on behalf of the City. In theevent both the Mayor and the Vice-Mayor are unable to execute the documents relatedto the Series 2017B Bond, then any other member of the City Council shall be authorized to execute such documents with the full force and effect as if the Mayor orthe Vice-Mayor had executed same. All action taken to date by the officers of the Cityin furtherance of the issuance of the Series 2017B Bond is hereby approved, confirmedand ratified. None of the Parity Bonds are subject to acceleration. SECTION 14. The proceeds received from the delivery of the Series 2017BBond, together with any other monies lawfully available therefor, shall be applied by theCity simultaneously with the delivery of the Series 2017B Bond to the Bondholder, asfollows: (i) to the extent not paid from legally available funds of the City, an amountwhich shall pay the costs and expenses associated with the issuance of the Series2017B Bond; and Resolution No. 17-288 (ii) a sum specified in the Escrow Agreement that shall be sufficient, takinginto account other legally available moneys of the City, if any, to pay the principal of, interest on and redemption premium, if any, on the Refunded Bonds, shall be depositedinto the escrow account created under the Escrow Agreement (the "Escrow Account"). Simultaneously with the delivery of the Series 2017B Bond, the City is authorizedto transfer or cause to be transferred to the Escrow Account, moneys, if any, accumulated in any sinking and/or reserve funds which were intended to be used to paydebt service on the Refunded Bonds. The proceeds of the Series 2017B Bond shall be and constitute trust funds forthe purposes hereinafter provided and there is hereby created a lien upon such monies, until deposited under the Escrow Agreement, in favor of the Holders of the Series2017B Bond. SECTION 15. The City will submit to the Bondholder (i) the City’s audited annualfinancial statements within 240 days of the end of each fiscal year, (ii) the City's approved budget within 60 days after the final approval thereof, and (iii) any otherfinancial information the Bondholder may reasonably request. SECTION 16. In the event that no rating with respect to debt payable from theNet Revenues is at least A3/A-(or equivalent) or a rating is no longer maintained by the City with respect to debt payable from the Net Revenues, the coverage requirementcontained in Section 16(E) of the Original Ordinance and Section 17(G) of the 2001Ordinance (RATE COVENANT) shall be increased from 115% to 140% until such timeas such rating is at least A3/A- (or equivalent) or the Series 2017B Bond is no longeroutstanding. SECTION 17. The substantive laws of the State of Florida shall govern thisResolution. The parties hereto submit to the jurisdiction of Florida courts and agree thatvenue for any suit concerning this Resolution shall be in Pinellas County, Florida andsuch applicable appellate courts. [Remainder of page left intentionally blank] Resolution No. 17-289 SECTION 18. This Resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 7th day of September, 2017. CITY OF CLEARWATER, FLORIDA By: __________________________George N. Cretekos Mayor Approved as to form:Attest: ___________________________________________________________Pamela K. Akin Rosemarie CallCity Attorney City Clerk Resolution No. 14-38A-1 EXHIBIT A TERM SHEET Resolution No. 17-28B-1 EXHIBIT B FORM OF SERIES 2017B BOND EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 17-28 (THE"RESOLUTION"), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER,EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN"ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACTOF 1933, AS AMENDED, AND REGULATION D THEREUNDER. No. R-1 $___________ UNITED STATES OF AMERICASTATE OF FLORIDACITY OF CLEARWATERWATER AND SEWER REVENUE REFUNDING BOND, SERIES 2017B DatedInterest Rate Maturity Date Date CUSIP 2.40%December 1, 2032 September 14, 2017 N/A Registered Owner: RAYMOND JAMES CAPITAL FUNDING, INC. Principal Amount: ______________________________________ and no/100 Dollars KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida(hereinafter called "City"), for value received, hereby promises to pay to the RegisteredOwner identified above, or registered assigns, on the Maturity Date specified above, thePrincipal Amount shown above solely from the revenues hereinafter mentioned, and topay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at theper annum Interest Rate set forth above (as adjusted from time to time as hereinafterprovided) until payment of such sum, such interest being payable semiannually on thefirst day of June and the first day of December of each year, commencing December 1,2017. The principal of and premium, if any, on this Bond on the final amortization date or earlier date of redemption in full are payable upon presentation and surrender hereofon the date fixed for final maturity or earlier redemption in full at the principal office ofthe Finance Director of the City of Clearwater, Florida (the "Paying Agent") inClearwater, Florida, or at the office designated for such payment of any successorthereof. The principal of and interest on this Bond, when due and payable, shall be paid through wire transfer or ACH direct transfer to the Registered Owner, and upon transferof this Bond to a subsequent holder, by check or draft mailed to, or through wire transferor ACH direct transfer to, the person in whose name this Bond is registered at suchaddress as is provided by such subsequent holder in writing to the City without Resolution No. 17-28B-2 presentation (except upon final maturity or earlier redemption in full) of this Bond asreflected on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interestpayment date (the "Record Date"), irrespective of any transfer of this Bond subsequentto such Record Date and prior to such interest payment date, unless the City shall be indefault in payment of interest due on such interest payment date. In the event of anysuch default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for thepayment of defaulted interest as established by notice mailed by the Registrar to theRegistered Holder of this Bond not less than fifteen (15) days preceding such specialrecord date. Such notice shall be mailed to the person in whose name such Bond isregistered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on this Bond may, at the option of the owner of this Bond, betransmitted by wire transfer to such owner to the bank account number on file with thePaying Agent as of the Record Date upon written request therefor by the holder thereoffor the appropriate interest payment date. All amounts due hereunder shall be payablein any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. The interest payable on this Bond shall be subject to adjustment in accordancewith the following provisions: "Default Rate" shall mean the greater of (a) the published Federal ReserveBank’s Prime Rate plus 3.0%, (b) the Federal Funds Rate plus 5.0%, or (c) 7.0%, perannum. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service or of the United States TreasuryDepartment determining that interest payable on the Series 2017B Bond is includable inthe gross income of a Bondholder for Federal income tax purposes as a result ofactions or inactions taken by the City. No such decree, judgment, or action will beconsidered final for this purpose unless the City has been given written notice thereof and, if it is so desired by the City and is legally permissible, the City has been affordedthe opportunity to contest the same, at its own expense, either directly or in the name ofthe Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default" shall mean (a) an Event of Default under the Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or more covenants oragreements set forth in the Bond Ordinance or this Resolution, which default ornon-compliance shall continue and not cured within thirty (30) days from the earlier ofthe date of receipt by the City of notice of such default or non-compliance by the Holder,or the date on which the Finance Director obtains actual independent knowledge of such events. "Interest Rate" shall mean a per annum rate equal to 2.40%, except thatfollowing a Determination of Taxability the Interest Rate shall be the Taxable Rate, and Resolution No. 17-28B-3 during an Event of Default the Interest Rate shall be the Default Rate, provided thatonce the Event of Default has been cured, the Interest Rate shall revert to a per annum rate equal to 2.40%. "Taxable Period" shall mean the period of time commencing on the date thatinterest on the Series 2017B Bond ceased to be excludable from gross income of theHolder thereof for federal income tax purposes and ending on the earlier of the date the Series 2017B Bond ceases to be outstanding or such adjustment is no longer applicableto the Series 2017B Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, 3.70% perannum. The City shall pay interest upon the unpaid principal balance of this Bond at theInterest Rate, subject to adjustment as provided herein. Upon a Determination ofTaxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, andupon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred) the Interest Rate shall equal the DefaultRate. Upon the occurrence of an Event of Default, in addition to the foregoing InterestRate adjustment, the Bondholder shall also have all remedies provided under the Amended Bond Ordinance. In the event of a Determination of Taxability, the interest rate payable hereunderand under the Series 2017B Bond shall be subject to adjustment to the Taxable Rate,effective as of the date on which such Determination of Taxability was made. In addition, upon a Determination of Taxability, the City agrees to pay to the Holder,subject to such Determination of Taxability, the Additional Amount upon demand."Additional Amount" means any penalties and interest paid or payable by such Holder tothe Internal Revenue Service by reason of such Determination of Taxability. This Bond is the duly authorized Water and Sewer Revenue Refunding Bond,Series 2017B (the "Bond") in the principal amount of $__________ issued toimmediately defease, and to refund and redeem on December 1, 2021, the outstandingprincipal amount of the City’s Water and Sewer Revenue Refunding Bonds, Series2011, maturing on and after December 1, 2022 (the "Refunded Bonds"), which are currently outstanding in the aggregate principal of $30,465,000, and (ii) to pay the costsof issuing this Bond in full compliance with the Constitution and laws of the State ofFlorida, including particularly Chapter 166, Part II, Florida Statutes, and other applicableprovisions of law (the "Act"), and Ordinance No. 3674-84, enacted August 2, 1984, asamended and supplemented by Ordinance No. 6915-01, enacted November 15, 2001, as further amended by Ordinance No. 8620-14, enacted on December 4, 2014(collectively, the "Bond Ordinance"), and Resolution No. 17-28, adopted on September7, 2017, as supplemented (the "Resolution") and is subject to all the terms and Resolution No. 17-28B-4 conditions of such Bond Ordinance and Resolution (collectively, the Bond Ordinanceand Resolution are referred to herein as the "Ordinance"). It is provided in the Ordinance that the Bond of this issue will rank on a parity withthe City's Water and Sewer Revenue Refunding Bonds, Series 2003, Water and SewerRevenue Bonds, Series 2009A, Water and Sewer Revenue Refunding Bonds, Series2009B, Water and Sewer Revenue Refunding Bonds, Series 2011 not constituting Refunded Bonds, Water and Sewer Revenue Refunding Bond, Series 2014, and Waterand Sewer Revenue Refunding Bonds, Series 2017 (collectively, the "Parity Bonds").This Bond and the Parity Bonds are payable solely from and secured by a first and priorlien upon and pledge of the Net Revenues, as defined in the Bond Ordinance, whichconsist of the net revenues derived by the City from the operation of the System in the manner provided in the Bond Ordinance. This Bond does not constitute anindebtedness, liability, general or moral obligation, or a pledge of the faith, credit ortaxing power of the City, the State of Florida or any political subdivision thereof, withinthe meaning of any constitutional or statutory provisions. Neither the State of Floridanor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of this Bond, the interest thereon orother costs incident thereto or (2) to pay the same from any other funds of the City,except from the Net Revenues, in the manner provided herein. It is further agreedbetween the City and the Registered Holder of this Bond that this Bond and theindebtedness evidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien onlyon the Net Revenues, in the manner provided in the Ordinance. This Bond shall be subject to optional redemption in whole or in part prior to itsmaturity date, on any Business Day (hereafter defined) on and after December 1, 2027, upon 30 days advance written notice to the Bondholder, at a redemption price equal tothe principal amount being redeemed together with interest accrued to the date ofredemption. A prepayment of the Series 2017B Bond prior to December 1, 2027 mayoccur only with the prior written consent of the Bondholder. In the event of a partialredemption of the Series 2017B Bond, the prepayment of principal shall be applied on a pro rata basis among amortization installments. "Business Day" shall mean any day other than a Saturday or Sunday or any dayon which the City or the Bondholder is lawfully closed. This Bond is subject to mandatory redemption from Amortization Installments inpart prior to maturity at a redemption price equal to 100% of the principal amountthereof, plus accrued interest to the redemption date beginning on December 1, 2019and on each December 1 thereafter in the following principal amounts in the yearsspecified: Resolution No. 17-28B-5 Year Principal Amount Year Principal Amount20192026 2020 202720212028202220292023203020242031 2025 2032 In and by the Ordinance, the City has covenanted and agreed with theRegistered Holder of this Bond that it will fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and othercharges for the use of the product, services and facilities of the System which willalways provide revenues in each year sufficient to pay, and out of such funds pay,100% of all costs of operation and maintenance of the System in such year and allreserve and other payments provided for in the Ordinance and 115% of the bond service requirement due in such year on this Bond, and on all other obligations payableon a parity therewith, and that such fees, rates, rentals and other charges shall not bereduced so as to be insufficient to provide adequate revenues for such purposes. In theevent a rating with respect to debt payable from the Net Revenues falls below A3/A- (orequivalent) or is no longer maintained by the City, the coverage requirement contained in Section 16(E) of the Original Ordinance or Section 17(G) of the 2001 Ordinance(RATE ORDINANCE) shall be increased from 115% to 140% until such time as suchrating is at least A3/A- (or equivalent) or the Series 2017B Bond is no longeroutstanding. The City has entered into certain further covenants with the Holder of thisBond for the terms of which reference is made to the Ordinance. It is certified that this Bond is authorized by and is issued in conformity with therequirements of the Constitution and Statutes of the State of Florida. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be on a day other than a Business Day, then the date for such payment shallbe the next succeeding day which is a Business Day, and payment on such date shallhave the same force and effect as if made on the nominal date of payment. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code - Investment Securities of the State of Florida. This Bond is issued in the form of a fully registered bond without coupons in thedenomination of a single bond in the principal amount of $___________. Subject to thelimitations and upon payment of the charges provided in the Ordinance, this Bond may be exchanged for a like principal amount of this Bond. This Bond is transferable by theRegistered Holder hereof in person or by his attorney duly authorized in writing, at theabove-mentioned office of the Registrar, but only in the manner, subject to thelimitations and upon payment of the charges provided in the Ordinance, and upon Resolution No. 17-28B-6 surrender and cancellation of this Bond. Upon such transfer a new Bond will be issuedto the transferee in exchange therefor. This Bond may be transferred upon the registration books upon delivery to the Registrar of this Bond, accompanied by a writteninstrument or instruments of transfer in form and with guaranty of signature satisfactoryto the Registrar, duly executed by the Registered Holder of this Bond to be transferredor his attorney-in-fact or legal representative, containing written instructions as to thedetails of the transfer of such Bond, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, thename and social security or federal employer identification numbers of the settlor andbeneficiaries of the trust, the federal employer identification number and date of the trustand the name of the trustee. In all cases of the transfer of a Bond, the Registrar shallenter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond at theearliest practicable time in accordance with the provisions of the Ordinance. The City orthe Registrar may charge the Registered Holder of such Bond for every such transfer orexchange of this Bond an amount sufficient to reimburse them for their reasonable feesand any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such newBond shall be delivered. The City may deem and treat the Registered Holder hereof as the absoluteowner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all otherpurposes, and the City shall not be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required toexist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time asrequired by the laws and Constitution of the State of Florida applicable thereto, and thatthe issuance of this Bond does not violate any constitutional or statutory limitations orprovisions. [Remainder of page left intentionally blank] Resolution No. 17-28B-7 IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bondand has caused the same to be executed by the manual signature of its City Manager or the Deputy City Manager and countersigned by the manual signature of its Mayor,and its corporate seal to be affixed, impressed, imprinted, lithographed or reproducedhereon, and attested by the signature of its City Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) By:George N. CretekosMayor By:Jill SilverboardCity Manager ATTEST:APPROVED AS TO FORMAND LEGAL SUFFICIENCY: By:By:Rosemarie Call Pamela K. AkinCity Clerk City Attorney Resolution No. 17-28B-8 ASSIGNMENT FOR VALUE RECEIVED, the undersigned ________________________________ (the"Transferor"), hereby sells, assigns and transfers unto________________________________ (Please insert name and Social Security orFederal Employer Identification number of assignee) the within Bond and all rightsthereunder, and hereby irrevocably constitutes and appoints _________________________________ (the "Transferee") as attorney to register thetransfer of the within Bond on the books kept for registration thereof, with full power ofsubstitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of theNew York Stock Exchange or acommercial bank or a trustcompany. NOTICE: No transfer will be registeredand no new Bond will be issued in the name of the Transferee, unless thesignature(s) to this assignmentcorresponds with the name as itappears upon the face of the withinBond in every particular, without alteration or enlargement or any changewhatever and the Social Security orFederal Employer Identification Numberof the Transferee is supplied. Resolution No. 17-28C-1 EXHIBIT C FORM OF PURCHASER CERTIFICATE Mayor and City CouncilCity of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with theissuance, sale and delivery of the City's Water and Sewer Revenue Refunding Bond,Series 2017B (the "Bond") to the Purchaser, in accordance with the terms of thePurchaser's Term Sheet to the City dated July 27, 2017, being issued pursuant toOrdinance No. 3674-84 (the "Original Ordinance"), Ordinance No. 6915-01 (the "2001 Ordinance") and Ordinance No. 8620-14 (the "2014 Ordinance" and, together with theOriginal Ordinance and the 2001 Ordinance, collectively, the "Bond Ordinance") andResolution No. 17-28 (the "Resolution") for the purpose of advance refunding the City'sWater and Sewer Revenue Refunding Bonds, Series 2011 maturing on and afterDecember 1, 2022 (the "Refunded Bonds"). Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and theResolution. The undersigned hereby represents, warrants and agrees to and with the Citythat: 1. The Purchaser is an accredited investor as such term is defined in theSecurities Act of 1933, as amended, and Regulation D issued pursuant thereto, aprincipal part of whose business consists of buying securities such as the Bond. 2. The Purchaser has received copies of the Bond Ordinance and theResolution and certain of the other documents or instruments being delivered inconnection with the issuance of the Bond, and said documents are in form andsubstance satisfactory to the Purchaser and its counsel. 3. The Purchaser has conducted its own investigations, to the extent itdeems satisfactory or sufficient, into matters relating to the business, properties,management, and financial position and results of operations of the City. 4. The Purchaser understands that the Bond is not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bond for its ownaccount for investment and not with a view to, and with no present intention of,distributing or reselling the Bond or any portion thereof, provided that the Purchaserreserves the right to transfer the Bond purchased or any interest therein at any time and Resolution No. 17-28C-2 in our sole discretion and, in the event that we so transfer the Bond, we assume theresponsibility for complying with any applicable federal and state securities laws provided, however, the Purchaser acknowledges that the registration of the Bond mayonly be transferred in whole. The Purchaser understands and agrees that the foregoing representations will berelied upon by the City in the issuance of the Bond. RAYMOND JAMES CAPITAL FUNDING, INC. By: ___________________________ Name:Title: Resolution No. 17-28D-1 EXHIBIT D FORM OF DISCLOSURE LETTER Mayor and City Council City of ClearwaterClearwater, Florida Ladies and Gentlemen: 1. An itemized list setting forth the nature and estimated amounts ofexpenses to be incurred by Raymond James Capital Funding, Inc., as the originalpurchaser (the "Purchaser") in connection with the issuance of $__________ inprincipal amount of the City of Clearwater, Florida Water and Sewer RevenueRefunding Bond, Series 2017B (the "Bond") is attached as Schedule I hereto. 2. No compensation was paid to any finders, as defined in Section 218.386,Florida Statutes, as amended, in connection with the issuance of the Bond. 3. Underwriting fees in the amount of $0.00 are expected to be realized in the sale of the Bond. 4. The Bond is being placed with the Purchaser, as the original purchaserthereof, and no management fee is being charged. 5. No other fee, bonus or other compensation is to be paid by the Purchaserin connection with the Bond issue to any person not regularly employed or retained bythem, except for compensation of $______ to GrayRobinson, P.A., in its capacity ascounsel to the Purchaser, which amount is being paid by the City. 6. There were no underwriters involved in the placement of the Bond to thePurchaser. 7. (a) The City is proposing to issue $__________ aggregate principalamount of debt or obligations for the purpose of refunding all of the City's Water and Sewer Revenue Refunding Bonds, Series 2011 maturing on and after December 1,2022. This debt or obligation is expected to be repaid over a period of approximately 15years. At a forecasted true interest cost rate of 2.40%, total interest paid over the life ofthe debt or obligation will be $_____________. (b) The source of repayment for this issue is the Net Revenues of the City’sWater and Sewer System. Authorizing this debt will result in approximately$__________ of such revenues of the City not being available to finance other servicesof the City each year for 15 years. Resolution No. 17-28D-2 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. RAYMOND JAMES CAPITAL FUNDING, INC. By: ________________________________Name: Title: Resolution No. 17-28D-3 SCHEDULE I EXPENSES Resolution No. 17-28E-1 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT, dated as of September 14, 2017, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of theState of Florida (the "City"), and U.S. BANK NATIONAL ASSOCIATION, a nationalbanking association organized under the laws of the United States of America, asEscrow Holder (the "Escrow Holder"); W I T N E S S E T H : WHEREAS, the City has previously authorized and issued obligations of the City as hereinafter set forth defined as the "Refunded Bonds", as to which the Annual Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the City has determined to provide for payment of the Annual DebtService of the Refunded Bonds by depositing with the Escrow Holder pursuant to theprovisions hereof, cash in an amount equal to the Annual Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the City has authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2017B Bond more fully described herein; and WHEREAS, the City has determined that the amount to be on deposit from timeto time in the Escrow Account, as defined herein, will be sufficient to pay the AnnualDebt Service; NOW THEREFORE, in consideration of the mutual covenants and agreementsherein contained, the City and the Escrow Holder agree as follows (provided however that the Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner whatsoever for the recitals made herein or in the Ordinance,or the adequacy or sufficiency of the Escrow Requirement): Section 1. Definitions. As used herein, the following terms mean: (a) "Agreement" means this Escrow Deposit Agreement. (b) "Annual Debt Service" means, with respect to the redemption date for theRefunded Bonds, the principal of, premium, and interest on the Refunded Bondscoming due on the Call Date as shown on Schedule A attached hereto. Resolution No. 17-28E-2 (c) "Bond" or "Series 2017B Bond" means the Water and Sewer RevenueRefunding Bond, Series 2017B of the City, authorized by the Ordinance, as herein defined. (d) "Call Date" means with respect to the Refunded Bonds, December 1,2021. (e) "Escrow Account" means the account established and held by the EscrowHolder pursuant to this Agreement, in which cash and investments will be held forpayment of the Refunded Bonds. (f) "Escrow Holder" means U.S. Bank National Association, a nationalbanking association organized under the laws of the United States of America. (g) "Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash in the Escrow Account which will be sufficient to pay, as the installmentsthereof become due, the Annual Debt Service. (h) "Federal Securities" means direct obligations of the United States ofAmerica and obligations the principal of or interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity at theoption of the obligor. (i) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate executed by the City which provides for redemption of certain of the Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give noticeof such redemption and directs the Paying Agent for the Refunded Bonds to pay theRefunded Bonds and the interest thereon upon surrender thereof at maturity or on theirCall Date. (j) "City" means the City of Clearwater, Florida. (k) "Ordinance" means Ordinance No. 3674-84 enacted by the City on August 2, 1984, as amended and supplemented in Ordinance 6915-01, enacted on November 15, 2001, as further amended and supplemented by Ordinance No. 8620-14, enactedon December 4, 2014. (l) "Paying Agent" shall mean U.S. Bank National Association, Paying Agentfor the Refunded Bonds. (m) "Refunded Bonds" shall mean the City’s Water and Sewer RevenueRefunding Bonds, Series 2011 maturing on or after December 1, 2022. Section 2. Deposit of Funds. The City hereby deposits $_____________ with the Escrow Holder in immediately available funds, to be held in irrevocable escrow by Resolution No. 17-28E-3 the Escrow Holder and applied solely as provided in this Agreement. The Cityrepresents that: (a) Such funds are all derived as follows: (1) $_______________ from the net proceeds of the Bond; and (2) $_______________ transferred from the Debt Service ReserveFund for the Refunded Bonds and the Sinking Fund for the Refunded Bonds. (b) Such funds, when applied pursuant to Section 3 below, will at least equal the Escrow Requirement as of the date hereof. Section 3. Use and Investment of Funds. The Escrow Holder acknowledgesreceipt of $______________ and agrees: (a) to hold the funds in irrevocable escrow during the term of this Agreement,and (b) to deposit the sum of $_____________ of funds from the [Debt Service Reserve Fund and] the Sinking Fund and invest $_________ of such funds in theUnrestricted Securities identified as such on Schedule B hereto and hold $_____ incash, and deposit the sum of $___________ from the proceeds of the Bond [and thesum of $_________of funds from the [Debt Service Reserve Fund], and invest $_________ of such funds in the Restricted Securities identified as such on Schedule B hereto and hold $_____ in cash until the Call Date. (c) The Escrow Holder shall invest the moneys held in the Escrow Accountupon written direction of the Issuer accompanied by (1) a list of the Federal Securities to be purchased, (2) a report of an independent certified accountant verifying the sufficiency of the receipts from the Federal Securities will be sufficient to redeem theRefunded Bonds on December 1, 2021, and (3) an opinion of Bond Counsel to theeffect that such investment will not materially adversely affect the exclusion of theinterest on the Series 2017B Bond from income for purposes of federal income taxation. Section 4. Payment of Refunded Bonds. (a) Refunded Bonds. On each interest payment date for the Refunded Bondsand on the Call Date, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service coming due on such date, as shown on Schedule A and asdemonstrated on Schedule B hereto. (b) Surplus. On the Call Date, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to the City any Resolution No. 17-28E-4 remaining cash in the Escrow Account in excess of the Escrow Requirement, to be usedfor any lawful purpose of the City. (c) Priority of Payments. The holders of the Refunded Bonds shall have anexpress first lien on the funds in the Escrow Account until such funds are used andapplied as provided in this Agreement. If the cash on hand in the Escrow Account isever insufficient to make the payments required under Subsection 4(a), all of the payments required under Subsection 4(a) shall be made when due before anypayments shall be made under Subsections 4(b). (d) Fees and Expenses of Escrow Holder. On the date hereof, the EscrowHolder acknowledges receipt of its fees to serve as Escrow Holder in the amount of $750.00 and agrees to invoice the City for reimbursement of any out of pocketexpenses incurred by the Escrow Holder in performing its services hereunder, andfurther acknowledges that the Escrow Holder does not have a lien on or claim againstany funds held hereunder for reimbursement of such expenses. Section 5. Reinvestment. (a) Except as provided in Section 3 hereof, and in this Section, the EscrowHolder shall have no power or duty to invest any funds held under this Agreement or tosell, transfer or otherwise dispose of or make substitutions of the Federal Securities held hereunder. (b) At the written request of the Issuer and upon compliance with theconditions hereinafter stated, the Escrow Holder shall sell, transfer, otherwise disposeof or request the redemption of any of the Federal Securities acquired hereunder and shall either apply the proceeds thereof to the full discharge and satisfaction of theRefunded Bonds or substitute other Federal Securities for such Federal Securities. TheIssuer will not request the Escrow Holder to exercise any of the powers described in thepreceding sentence in any manner which would cause any Bonds to be "arbitragebonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the Regulations thereunder. The transactions may be effected only if (i) an independentcertified public accountant shall certify to the Escrow Holder that the cash and principalamount of Federal Securities remaining on hand after the transactions are completed,together with the interest due thereon, will be not less than the Escrow Requirement,and (ii) the Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel or tax counsel to the effect that the transactions will not causesuch Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of1986, as amended, and the regulations thereunder in effect on the date of thetransactions and applicable to transactions undertaken on such date. Section 6. No Redemption or Acceleration of Maturity. Except as provided in theIrrevocable Instruction and Authorization to Redeem Bonds, the City will not acceleratethe maturity or due date of the Refunded Bonds. Resolution No. 17-28E-5 Section 7. Responsibilities of Escrow Holder. The Escrow Holder and itsrespective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution anddelivery of this Agreement, the establishment of the Escrow Account, the acceptance ofthe funds deposited therein, transfer or other application of money by the Escrow Holderin any non-negligent act, non-negligent omission or non-negligent error of the EscrowHolder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the City for its negligent or willful acts, omissions or errors whichviolate or fail to comply with the terms of this Agreement. The duties and obligations ofthe Escrow Holder shall be determined by the express provisions of this Agreement.The Escrow Holder may consult with counsel, who may or may not be counsel to theCity, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it ingood faith in accordance therewith. Whenever the Escrow Holder shall deem itnecessary or desirable that a matter be proved or established prior to taking, sufferingor omitting any action under this Agreement, such matter may be deemed to beconclusively established by a certificate signed by an authorized officer of the City. The Escrow Holder has no duty to determine or inquire into the happening oroccurrence of any event or contingency where the performance or the failure ofperformance of the City with respect to arrangements or contracts with others, theEscrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver the same strictly in accordance with this Agreement. Section 8. Resignation of Escrow Holder. The Escrow Holder may resign andthereby become discharged from the duties and obligations hereby created, by notice inwriting given to the City and published once in a newspaper of general circulation published in the territorial limits of the City, and in a daily newspaper of generalcirculation or a financial journal published or circulated in the Borough of Manhattan,City and State of New York, not less than sixty (60) days before such resignation shalltake effect. Such resignation shall take effect immediately upon the appointment of asuccessor Escrow Holder hereunder and payments of all amounts due the resigning Escrow Holder. Section 9. Removal of Escrow Holder. (a) The Escrow Holder may be removed at any time by an instrument orconcurrent instruments in writing, executed by the holders of not less than fifty-one percentum (51%) in aggregate principal amount of each series of Refunded Bonds then outstanding, such instruments to be filed with the City, and notice in writing given bysuch holders to all of the registered holders of each series of the Refunded Bonds andpublished once in a newspaper of general circulation published in the territorial limits ofthe City, and in a daily newspaper of general circulation or a financial journal publishedor circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such removal is to take effect as stated in such instrument or Resolution No. 17-28E-6 instruments. A photographic copy of any instrument filed with the City under theprovisions of this paragraph shall be delivered by the City to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach oftrust or for acting or proceeding in violation of, or for failing to act or proceed inaccordance with, any provisions of this Agreement with respect to the duties andobligations of the Escrow Holder, by the City or by the holders of not less than twenty- five per centum (25%) in aggregate principal amount of each series of the RefundedBonds then outstanding. (c) No such removal shall take effect until a successor Escrow Holder shall beappointed hereunder. Section 10. Successor Escrow Holder. (a) If at any time hereafter the Escrow Holder shall resign, be removed, bedissolved or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shallthereupon become vacant. If the position of Escrow Holder shall become vacant for anyof the foregoing reasons or for any other reason, the City shall appoint a successorEscrow Holder to fulfill the duties of Escrow Holder hereunder. The City shall publishnotice of any such appointment once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the City and in adaily newspaper of general circulation or a financial journal published or circulated in theBorough of Manhattan, City and State of New York, and, before the second publicationof such notice shall mail a copy thereof to the original purchaser or purchasers of theRefunded Bonds. (b) At any time within one year after such vacancy shall have occurred, theholders of a majority in principal amount of each series of Refunded Bonds thenoutstanding, by an instrument or concurrent instruments in writing, executed by all suchbondholders and filed with the governing body of the City, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by theCity. Photographic copies of each such instrument shall be delivered promptly by theCity, to the predecessor Escrow Holder and to the Escrow Holder so appointed by thebondholders. (c) If no appointment of a successor Escrow Holder shall be made pursuantto the foregoing provisions of this section, the holder of any Refunded Bonds thenoutstanding, or any retiring Escrow Holder may apply to any court of competentjurisdiction to appoint a successor Escrow Holder. Such court may thereupon, aftersuch notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. Section 11. Term. This Agreement shall commence upon its execution anddelivery and shall terminate when the Refunded Bonds have been paid and discharged Resolution No. 17-28E-7 in accordance herewith, and all amounts held by the Escrow Holder hereunder havebeen applied in accordance herewith. Section 12. Severability. If any one or more of the covenants or agreementsprovided in this Agreement on the part of the City or the Escrow Holder to be performedshould be determined by a court of competent jurisdiction to be contrary to law, suchcovenant or agreements herein contained shall be null and void and shall be severed from the remaining covenants and agreements and shall in no way affect the validity ofthe remaining provisions of this Agreement. Section 13. Counterparts. This Agreement may be executed in severalcounterparts, all or any of which shall be regarded for all purposes as duplicate originals and shall constitute and be but one and the same instrument. Section 14. Governing Law. This Agreement shall be construed under the lawsof the State of Florida. Section 15. Security for Accounts and Funds. All accounts and fundsmaintained or held pursuant to this Agreement shall be continuously secured in thesame manner as other deposits of municipal funds are required to be secured by thelaws of Florida. Section 16. Brokerage Requirements. The Issuer acknowledges that to theextent regulations of the Comptroller of the Currency or other applicable regulatoryentity grant the Issuer the right to receive individual confirmations of securitytransactions at no additional cost, as they occur, the Issuer specifically waives receipt ofsuch confirmations to the extent permitted by law. The Escrow Holder will furnish the Issuer periodic cash transaction statements that include detail for all investmenttransactions made by the Escrow Holder hereunder. [Remainder of page intentionally left blank] Resolution No. 17-28E-8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted by their duly authorized officers and their official seals to be hereunto affixed as of the date first above written. CITY OF CLEARWATER, FLORIDA (SEAL)George N. CretekosMayorATTEST: Rosemarie Call Jill SilverboardCity Clerk City Manager Approved as to Form,Sufficiency and Correctness: ____________________________________Pamela K. AkinCity Attorney Resolution No. 17-28E-9 U.S. BANK NATIONAL ASSOCIATION,as Escrow Holder By:Name:Title: Resolution No. 17-28E-10 Schedule A (Annual Debt Service; Description of Refunded Bonds) Series 2011 Bonds Payment Date Principal Premium Interest Total Debt Service Resolution No. 17-28E-11 Schedule B ESCROW CASH FLOW Date Principal Interest Disbursements CashBalance UNRESTRICTED SECURITIES[To be provided] RESTRICTED SECURITIES[To be provided] Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3842 Agenda Date: 9/7/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Accept Ordinance 2017-03, an Interlocal Agreement/Franchise with the City of Belleair Bluffs, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair Bluffs and adopt Resolution 17-29 SUMMARY: On August 21, 2017, the City of Belleair Bluffs Commission approved an Interlocal Agreement with the City of Clearwater, which provides a franchise for Clearwater Gas System to provide natural gas service in Belleair Bluffs. The Clearwater Gas System has provided service within the City of Belleair Bluffs for the past 35 years under prior franchise agreements. The effective date shall be the 1st day of the following month after the Interlocal Agreement is approved by the City of Clearwater. The Agreement provides the City of Clearwater a 15-year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the City of Belleair Bluffs. The agreement also provides for renewal options, which may be extended for an additional 15 years. The Interlocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of Belleair Bluffs. The prior franchise fee was 6%. Page 1 City of Clearwater Printed on 9/7/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3864 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Approve a Contract (Purchase Order) with AshBritt, Inc. of Deerfield Beach, FL, for post-disaster debris collection and removal, approve the Interlocal Agreement (ILA) with Pinellas County for post-disaster debris monitoring, and authorize the appropriate officials to execute same. SUMMARY: In May 2017, Request for Proposals #15-17, Disaster Debris Removal and Disposal Services, was issued by the City. Eleven responses were received and evaluated by committee members from General Services, Solid Waste, and Fire and Rescue. The committee unanimously recommended AshBritt, Inc. as the primary contractor for post-disaster debris collection and removal. In the event that a major storm should cause sufficient damage in the City of Clearwater it will be necessary to engage the contractor for assistance with the collection and removal of the resulting debris. The Interlocal Agreement (ILA) with Pinellas County will facilitate the City’s option to engage a contractor for post-disaster debris removal monitoring - a critical function after a major storm to ensure accuracy and compliance with FEMA documentation requirements. APPROPRIATION CODE AND AMOUNT: No funds will be necessary to enter into this agreement. Given the uncertainty as to the extent of funds required for payment to the vendor, a separate agenda item will be brought forth once an estimate can be made. Page 1 City of Clearwater Printed on 9/7/2017 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND LOCAL GOVERNMENTS FOR THE COOPERATIVE PROCUREMENTS OF DISASTER DEBRIS COLLECTION & REMOVAL SERVICES AND DISASTER DEBRIS MONITORING & MANAGEMENT SERVICES WITHIN GEOGRAPHIC PINELLAS COUNTY THIS AGREEMENT, entered into on the date of execution by the local government, and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the local government signing this Agreement (“MUNICIPALITY”), jointly referred to herein as (“Parties”). Recitals WHEREAS, the Parties are authorized to and do make and enter into this Agreement pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the Parties separately control and maintain various rights-of-way throughout the geographic boundaries of Pinellas County; and WHEREAS, due to functional classification and/or annexation, the COUNTY has control and maintenance responsibility over certain roads within the MUNICIPALITY’s jurisdictional boundaries; and WHEREAS, the COUNTY intends to procure disaster debris collection and removal services and disaster debris monitoring and management services by competitive proposal in compliance with 2 C.F.R. §200.320, and FEMA guidance, and award multiple contracts for debris collection and removal as well as debris monitoring and management to Contractors; and WHEREAS, the MUNICIPALITY recognizes that in the event of a major disaster, the MUNICIPALITY may be unable to timely effectuate debris collection, monitoring and management using MUNICIPALITY staff and resources; and WHEREAS, under the terms of the contracts, Contractors will provide debris removal services within geographic Pinellas County, including MUNICIPALITIES therein should the MUNICIPALITIES enter into this Agreement and subsequent agreements with the Contractors in accordance with a MUNICIPALITY’s anticipated needs; and WHEREAS, the intent is for the MUNICIPALITY to receive the benefits of the Contractors without exposing the COUNTY to any costs or expenses for the services rendered by the Contractors for debris monitoring and management services on behalf of the MUNICIPALITY; and WHEREAS, to foster greater economy and efficiency and in accordance with efforts to promote cost-effective use of shared services, the Parties are entering into this intergovernmental agreement for the procurement of shared services in compliance with 2 C.F.R. §200.318(e) and related FEMA guidance. NOW THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by all Parties, it is hereby agreed by and between the Parties as follows: SECTION 1 OBLIGATIONS OF THE COUNTY 1.1 The COUNTY will undertake a competitive procurement process for the disaster debris collection and removal services. 1.2 The scope of the work procured by the COUNTY shall be as set forth in Section E of COUNTY RFP Proposal Number 156-0491-P(JA) to provide comprehensive disaster debris collection and removal services as and when required. 1.3 The tasks encompassed by the competitively procured contract shall include Emergency Debris Clearance (First Push); Temporary Debris Storage and Reduction Sites/Management; Debris Removal; Hazardous Tree and Limb Removal; and Hazardous Stump Removal. 1.4 The COUNTY will undertake, or has undertaken a competitive procurement process for the disaster debris monitoring and management services with the scope of work as set forth in Section E of COUNTY RFP Proposal Number 167-0024-P(JA). 1.5 The COUNTY shall notify potential proposers in the competitive processes that the procurements are joint or cooperative procurements. 1.6 Within thirty (30) days of execution of any contract(s) pursuant to the aforementioned RFPs, if any, the COUNTY shall notify the MUNICIPALITIES in writing and provide the MUNICIPALITIES with a copy of the COUNTY’s contract(s). 1.7 Should the MUNICIPALITY enter into a contract(s) with the COUNTY’s successful contractor(s), the COUNTY, within five (5) business days of a request by the MUNICIPALITY, will provide any necessary documentation to support the competitive nature of the procurement as required to assist the MUNICIPALITY in any claim for Public Assistance from the Federal Emergency Management Agency (FEMA). 1.8 The COUNTY shall be responsible for seeking Public Assistance from FEMA for disaster debris collection, removal, and monitoring as appropriate only for costs incurred by the COUNTY. SECTION 2 OBLIGATIONS OF THE MUNICIPALITY 2.1 The MUNICIPALITY hereby endorses the COUNTY’s competitive procurement process for disaster debris collection and disaster debris monitoring and management with the encompassing scope and tasks set forth in Section 1 of this Agreement. 2.2 The MUNICIPALITY had the option and ability to review the COUNTY’s procurement process utilized in the procurements of the disaster debris collection contract(s) and the disaster debris monitoring and management contract(s) and is satisfied that the COUNTY’s process complies with 2 C.F.R. §200.320 and FEMA guidance. 2.3 If the MUNICIPALITY decides to enter into an agreement with the Contractor(s) pursuant to the COUNTY’s competitive procurement process, within five (5) business days of entering into such a contract, the MUNICIPALITY shall provide written notice of same to the COUNTY. 2.4 The MUNICIPALITY will be responsible for administering all aspects of its agreement(s) entered into pursuant to this Agreement. 2.5 The MUNICIPALITY recognizes and understands that the COUNTY’s prioritization of debris collection, particularly as it relates to First Push, takes precedence over the MUNICIPALITY’s prioritization. 2.6 The MUNICIPALITY will be responsible for payment of disaster debris collection services and disaster debris monitoring and management services performed on behalf of the MUNICIPALITY pursuant to the MUNICIPALITY’s contract with the contractor(s), which shall be in a form substantially similar to Composite Exhibit A attached hereto. 2.7 The MUNICIPALITY will be responsible for seeking Public Assistance from FEMA as appropriate. SECTION 3 ADDITIONAL SERVICES The Parties agree not to enter into additional services with the contractors awarded the jointly or cooperatively procured disaster debris collection contracts by the COUNTY, except as expressly authorized by the COUNTY’s disaster debris clearance contract(s) and/or the disaster debris monitoring and management contract(s) or this Agreement. SECTION 4 OFFICIAL NOTICE All notices required by law or by this Agreement to be given by one party to the other shall be in writing and shall be sent to the following respective addresses: COUNTY: Pinellas County Public Works Rahim Harji, P.E., Director 22211 U.S. Highway 19 North Clearwater, FL 33765 rharji@pinellascounty.org MUNICIPALITY: See Contact Information on Signature page SECTION 5 HOLD HARMLESS The Parties agree to be responsible for their own actions taken pursuant to this Agreement and/or any agreement entered into pursuant hereto and additionally hold each other harmless should this Agreement or the cooperative procurement of disaster debris collection, removal, and/or monitoring services and the expenses incurred as a result be deemed to be insufficient to receive Public Assistance from FEMA, or any other related reimbursement. Nothing herein is intended to serve as a waiver of sovereign immunity by the Parties. Nothing herein shall be construed as consent by the Parties to be sued by third parties in any manner arising out of this Agreement. SECTION 6 FILING WITH THE CLERK Prior to its effectiveness, this Agreement and subsequent amendments thereto must be filed with the Clerk of the Circuit Court of Pinellas County. SECTION 7 EXECUTION, EFFECTIVE DATE, TERM AND TERMINATION 7.1 This Agreement may be signed in counterparts and will become effective as to each MUNICIPALITY after execution and upon filing with the Clerk of the Circuit Court of Pinellas County in accordance with Section 6, and shall remain in effect until canceled or until the termination of the agreements entered into by the COUNTY pursuant to the competitive procurements referenced herein, whichever is sooner. 7.2 This Agreement may be canceled with cause upon thirty (30) days written notice. For purposes of this section, “cause” shall mean a material breach of any term contained in this Agreement. However, written notice shall include a notice of such breach and an opportunity to cure such breach within thirty (30) days of receipt of such notice or within any additional period of time as mutually agreed by the Parties. SECTION 8 TERMINATION OF DISASTER DEBRIS COLLECTION AGREEMENT Nothing herein shall prevent the Parties from terminating any disaster debris collection contracts or disaster debris monitoring and management contracts entered into pursuant to COUNTY RFP Proposal Number 156-0491-P(JA) and/or COUNTY RFP Proposal Number 167-0024-P(JA) in accordance with the termination provisions of those contracts. SECTION 9 ENTIRE AGREEMENT This document embodies the whole agreement between the Parties. There are no promises, terms, conditions or allegations other than those contained herein, and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal, between the Parties hereto. SECTION 10 APPLICABLE LAW This agreement shall be governed by the laws of the State of Florida. The Parties agree that venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Pinellas County, Florida. IN WITNESS WHEREOF, the Parties hereto, governed by the laws of Florida, have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, with an effective date as set forth in Section 7.1 above. PINELLAS COUNTY, by and through its County Administrator By:________________________ Mark S. Woodard County Administrator Legal review: CITY OF CLEARWATER By:______________________________ Print Name:_______________________ Title:_____________________________ ATTEST:___________________________ Legal review: _______________________ (MUNICIPAL SEAL) Contact Information for Notification Name: Title: Address: Phone: E-mail: Item Description Estimate Quantity Unit Unit Price A1 Loading and hauling debris from public property and rights-of-way to a debris management site (DMS)60 Ton 115.00$ A2 Loading and hauling debris from public property, rights-of-way, or the DMS, to a final disposal site 120 Ton 135.00$ A3 Debris reduction by chipping/grinding 40 Ton 28.50$ A4 Rights-of-way white goods removal 50 Per Unit 45.00$ A5 Freon management and recycling 50 Per Unit 45.00$ A6 Animal carcass collection, hauling, and final disposal 5 Per Pound 4.50$ A7 Loading and hauling debris reduction by-products to a final disposal site 100 Per Ton 36.00$ A8 Loading and hauling household hazardous waste to a final disposal site 500 Per Pound 12.00$ A9 Hazardous stump removal 24" to 36.99" diameter 40 Each 275.00$ A10 Hazardous stump removal 37" to 48.99" diameter 20 Each 355.00$ A11 Hazardous stump removal 49" and larger 5 Each 425.00$ A12 Hazardous tree removal 6" to 12.99" diameter 320 Each 95.00$ A13 Hazardous tree removal 13" to 24.99" diameter 150 Each 175.00$ A14 Hazardous tree removal 25" to 36.99" diameter 40 Each 225.00$ A15 Hazardous tree removal 37" to 48.99" diameter 10 Each 295.00$ A16 Hazardoues tree removal 49" and larger 5 Each 395.00$ A17 Hazardous limbs larger than 2" diameter 6,000 Each 70.00$ A18 Clean, fill dirt - supply and delivery 100,000 Cubic Yard 6.50$ A19 Sand screening 100,000 Cubic Yard 17.50$ A20 Removal of electronic waste 100 Per Unit 95.00$ A21 Marine vessel removal 40 Linear Foot 250.00$ A22 Vehicle removal 30 Per Unit 250.00$ A23 Land vessel removal 40 Linear Foot 195.00$ A24 Waterway debris removal 1 Ton 455.00$ A25 Hauling debris from DMS to final disposal 0-15 miles 300,000 Per Ton 5.00$ A26 Hauling debris from DMS to final disposal 15.1-30 miles 300,000 Per Ton 7.00$ A27 Hauling debris from DMS to final disposal 30.1-60 miles 300,000 Per Ton 11.00$ A28 Hauling debris from DMS to final disposal 60.1-plus miles 300,000 Per Ton 32.00$ A29 Office trailer, temporary 1 Per Day 175.00$ OTHER SERVICES Fee Schedule Part A: Services Unit Prices Disaster Debris Removal and Disposal Services RFP #15-17 - Attachment A NOTE: the Estimate Quantities are provided to facilitate an "event estimate" to evaluate proposals; extended line costs are not required Item Description Estimate Quantity Unit Unit Price B1 Wheel loader with utility grapple, 1.5 CY, 95 HP 140 Per Hour 120.94$ B2 Wheel loader with utility grapple, 3 CY, 152 HP 140 Per Hour 138.68$ B3 Wheel loader with utility grapple, 4 CY, 200 HP 140 Per Hour 140.00$ B5 Compact trackloader with utility grapple, 1,500 lb.140 Per Hour 135.00$ B6 Compact trackloader with utility grapple, 2,500 lb.140 Per Hour 155.00$ B7 Steer loader with street sweeper 300 Per Hour 107.01$ B8 Tractor/grader with box blade or rake, minimum 30,000 lb.200 Per Hour 65.00$ B9 Log skidder 200 Per Hour 175.00$ B10 D4 dozer or equivalent 140 Per Hour 98.00$ B11 D5 dozer or equivalent 140 Per Hour 118.70$ B12 D6 dozer or equivalent 140 Per Hour 131.61$ B13 D7 dozer or equivalent 140 Per Hour 182.96$ B14 D8 dozer or equivalent 140 Per Hour 222.94$ B15 Hydraulic excavator, 1.5 CY with thumb 140 Per Hour 125.00$ B16 Hydraulic excavator, 2.5 CY with thumb 140 Per Hour 150.00$ B17 Knuckleboom loader 200 Per Hour 135.00$ B18 Hand-fed debris chipper 280 Per Hour 45.00$ B19 800 - 1,000 HP tub grinder 280 Per Hour 325.00$ B20 30 ton crane 100 Per Hour 195.00$ B21 50 ton crane 140 Per Hour 275.00$ B22 100 ton crane 140 Per Hour 425.00$ B23 40 - 60' bucket truck 280 Per Hour 132.81$ B24 Greater than 60' bucket truck 100 Per Hour 165.00$ B25 Fuel/service truck 280 Per Hour 85.00$ B26 Water truck, 2,500 gallon, non-potable 280 Per Hour 111.32$ B27 Lowboy trailer with tractor 140 Per Hour 65.00$ B28 Flatbed truck 140 Per Hour 19.00$ B29 Pick-up truck, 1 ton 140 Per Hour 12.00$ B30 Self-loading dump truck with debris grapple 280 Per Hour 135.00$ B31 Single axle dump truck 5-12 cubic yard 280 Per Hour 75.00$ B32 Tandem axle dump truck 16+/- cubic yard 140 Per Hour 80.00$ B33 Tandem axle dump truck 20+/- cubic yard 140 Per Hour 85.00$ B34 Tandem axle dump truck 38+/- cubic yard 140 Per Hour 105.00$ B35 Power screen 200 Per Hour 200.00$ B36 Stacking conveyor 200 Per Hour 95.00$ B37 Chainsaw 200 Per Hour 12.00$ B38 Generator, 5.5 kW capacity 140 Per Hour 55.00$ B39 Generator, 200 kW capacity 140 Per Hour 95.00$ Fee Schedule Part B: Hourly Labor, Equipment, and Material Rates RFP #15-17 - Attachment A Disaster Debris Removal and Disposal Services NOTE: the Estimate Quantities are provided to facilitate an "event estimate" to evaluate proposals; extended line costs are not required B40 Generator, 2,500 kW capacity 140 Per Hour 175.00$ B41 Light plant including fuel and support 280 Per Hour 90.00$ B42 Pump, 95 HP, minimum 25' intake and 200' discharge including fuel and support 140 Per Hour 175.00$ B43 Pump, 200 HP, minimum 25' intake and 200' discharge including fuel and support 140 Per Hour 225.00$ B44 pump, 650 HP, minimum 25' intake and 200' discharge including fuel and suport 140 Per Hour 300.00$ B45 Air curtain incinerator, self-contained 140 Per Hour 52.00$ B46 Mobile command and communications trailer 240 Per Hour 125.00$ B47 Laborer, small hand tools, traffic control flagger 200 Per Hour 30.00$ B48 Skilled sawman 200 Per Hour 55.00$ B49 Crew Foreman with cell phone, truck and miscellaneous tools 240 Per Hour 50.00$ B50 Operations Manager with cell phone, truck and misc. tools 240 Per Hour 120.00$ B51 Tree climber 200 Per Hour 85.00$ B52 Security personnel, bonded and certified 240 Per Hour 45.00$ OTHER HOURLY LABOR, EQUIPMENT, AND MATERIAL Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 10/2016 REQUEST FOR PROPOSALS #15-17 Disaster Debris Removal and Disposal Services May 4, 2017 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, June 1, 2017 to provide Disaster Debris Removal and Disposal Services. Brief Description: The City of Clearwater seeks proposals from qualified firms to perform debris removal and disposal in the event of a major disaster event. The selected Contractor must provide required services in accordance with applicable regulations, including but not limited to: the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FWHA), Florida Department of Transportation (FDOT), Florida Department of Health (FDH), Natural Resources Conservation Services (NRCS), Southwest Florida Water Management District (SWFWMD), and the Florida Department of Environmental Protection (FDEP). Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/bid Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Lori Vogel Sr. Procurement Analyst lori.vogel@myclearwater.com This Request for Proposals is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Disaster Debris Removal and Disposal Services 2 RFP #15-17 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 Purchasing Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 1, 2017 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted, and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting Purchasing. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $5,000 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE AND PAYMENT BOND: Yes No Proposers must include with their response a letter from their bonding company/surety that guarantees the firm will be able to provide a Performance and Payment Bond in the amount of $1,000,000 or 100% of the contract value, whichever is greater, in accordance with the terms and conditions of the contract. The bond will be requested by the City at the time a major event is anticipated – approximately four (4) to seven (7) days in advance. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's INSTRUCTIONS Disaster Debris Removal and Disposal Services 3 RFP #15-17 check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the procurement process. 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. This prohibition shall not apply to vendor-initiated 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 pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, 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, rejection of their response depending on the nature of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy and Procedures, Section 27. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 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 INSTRUCTIONS Disaster Debris Removal and Disposal Services 4 RFP #15-17 notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s INSTRUCTIONS Disaster Debris Removal and Disposal Services 5 RFP #15-17 discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Disaster Debris Removal and Disposal Services 6 RFP #15-17 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format, p. 29) Points Qualifications and Experience of Personnel, Including the Administrator, or Project Manager, and other Key Personnel (Tab 2) 20 Demonstrated and Measurable Success in Executing Past Contracts (Tab 3) 20 Demonstrated Knowledge of FEMA, FDOT, and FHWA Requirements (Tab 3) 15 Additional Information Pertinent to Proposal Evaluation (Tab 4) 15 Fee Schedule (Tab 4) 15 Contractor’s availability, including consideration of established commitments and the priority of Clearwater, Florida (Tab 4) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short- listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on-site at a City location upon request. INSTRUCTIONS – EVALUATION Disaster Debris Removal and Disposal Services 7 RFP #15-17 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals. Therefore, proposer should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/bid to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: May 4, 2017 Advertise Tampa Bay Times: May 5, 2017 Responses due: June 1, 2017 Review proposals: June 1 - 6, 2017 Presentations (if requested): week of June 12, 2017 Award recommendation: June 16, 2017 Council authorization: July 20, 2017 Contract begins: July, 2017 TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 8 RFP #15-17 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 9 RFP #15-17 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 10 RFP #15-17 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recoding of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’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 contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 11 RFP #15-17 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 12 RFP #15-17 current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 13 RFP #15-17 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 14 RFP #15-17 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 15 RFP #15-17 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Purchasing Department for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Disaster Debris Removal and Disposal Services 16 RFP #15-17 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 17 RFP #15-17 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. REQUEST FOR PROPOSALS PURPOSE. The City of Clearwater seeks to obtain proposals from qualified firms to perform disaster debris removal and disposal services. The City will negotiate an agreement with the applicant whose proposal is most responsive to this RFP and may consider a secondary award at their sole discretion. The agreement awarded as a result of this procurement will not be a guarantee of work to be performed. Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision, and all other services and facilities of any nature necessary to execute, complete the timely removal and lawful disposal of all disaster-generated debris. The term “debris”, as used herein, includes all forms of disaster-generated debris, such as vegetative, demolition, construction, household goods (hereinafter “white goods”), hazardous and industrial waste materials. These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris from all public streets, roads, and other rights-of-way, including any other locally-owned facility or site as may be directed by the City, and in accordance with Federal Requirements. Contract services will only be performed when requested and as designated by the City, by an approved Task Order issued by the City. Contractor shall load and haul the debris from within the legal boundaries (per latitude/longitude plat book, GIS Engineering) of the City to site(s) designated by the City. The City reserves the right to assign work to various Contractors, at its sole discretion. The City also reserves the right to approve all Sub-contractors hired by the Contractor and/or to require the Contractor to dismiss a Sub-contractor upon request. 3. SCOPE OF SERVICES. Contractor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship will be acceptable. Services, equipment and workmanship not conforming to the intent of Agreement or meeting the approval of the City may be rejected. Replacements and/or rework, as required, will be accomplished on a timely basis at no additional cost to the City. 3.1 Emergency Push/Road Clearance Contractor shall accomplish the cutting, tossing and/or pushing of debris, hanging limbs, or leaning trees off of transportation routes as identified by and directed by the City. The emergency push will normally be completed within the first 70 hours following activation of this contract, unless notified otherwise by the City. Time and material rate shall be applicable. 3.2 Debris Removal From Public Right-Of-Way (ROW) As directed by the City, Contractor shall load and haul all eligible debris to an approved Debris Management Site (DMS) or other disposal destination, as specified or agreed to by the City. All collection and hauling will be consistent with Federal requirements applicable to the disaster event. The Contractor will ensure compliance with instructions from the City regarding the collection, hauling and disposal of hazardous wastes and/or other categories of debris. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 18 RFP #15-17 3.3 Debris Clearance/Removal From Public Property As directed by the City, Contractor shall clear eligible debris from public property, load and haul all debris to a designated Debris Management Site (DMS) or other disposal destination designated by the City. If necessary, the City or its designee will confirm the eligibility of the debris to be removed. 3.4 Demolition of Structures and Construction Debris Removal As directed by the City, Contractor shall demolish unsafe structures and remove debris that has been determined by the City to be a threat to the health and safety of the public. Contractor will exercise due diligence in demolishing and/or removing debris from private property. The City will direct actions to secure the right of entry (ROE) onto private property to allow demolition and removal. All applicable local, state and federal regulatory requirements regarding asbestos containing materials shall be adhered to unless waived by applicable regulatory authorities. 3.5 Private Property Waivers The City will direct all actions to secure necessary permissions, waivers, and ROE agreements from real property owners required for the lawful removal of debris and/or demolition of structures from real properties. All such actions will be consistent with Federal requirements applicable to the disaster event. 3.6 Debris Separation/Reduction and Debris Management Site(s) (DMS) The Contractor shall operate and manage the DMS to accept and process all event debris. All actions will be implemented by the Contractor only with the prior approval of the City. Actions by the Contractor will include, but are not limited to the following: • Ensure that only debris authorized by the City’s Contract Administrator will be allowed in the DMS sites. • Provide to the City a video record of the pre- and post-use site conditions. • Prepare a plan of proposed site layout and review with the City prior to its implementation. • Prepare a plan for site security and traffic control for both on the site and adjacent roadways and review with the City prior to its implementation. • Provide adequate fire prevention/fighting equipment, including water truck and hoses, on site throughout the operational period of the DMS. • Build and/or maintain roads as necessary for DMS operation. • Provide and /or construct and maintain stabilized roofed inspection towers sufficient for a minimum of three (3) inspectors. Towers will be positioned at any entrance and any exit of the DMS. • Comply with any applicable environmental requirements, to include litter control fencing, silt fencing, dust control, hazardous materials containment area, and/or water retention berms. • Confine hours of operation of the DMS to those determined by the City. • Process debris by methods that may include, but not be limited to, reduction by grinding, or other alternate methods of reduction, such as compaction. • Prior to reduction, segregate all debris between vegetative debris, construction and demolition debris, white goods, and hazardous waste. • Develop and implement, with the approval of the City, a procedure for management of the receipt of unauthorized and/or ineligible debris at the DMS. • Provide the City with proper and acceptable documentation (including destination, tickets, weight) for final disposal of debris accepted at the DMS. • Upon closure of the DMS, restore the site to its pre-use condition, meeting all regulatory requirements for the site closure. Survey the site to verify that it has been restored to pre-use elevation and condition. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 19 RFP #15-17 • As directed by the City, sod, hydro-seed or sprig the property once all other site closure issues have been addressed. 3.7 Designation and Management of Staging Areas Contractor shall identify staging areas in collaboration with the City for the purposes of truck/equipment certification; provision of temporary fueling or vehicle maintenance (as required), and other operational service functions related to debris removal efforts. Contractor shall provide temporary tent, sanitary and other appropriate conveniences necessary for the care and well being of all Contractor and Sub-Contractor personnel. The City will approve of the location, size, layout and services to be provided at any staging area established by the Contractor, who will ensure that each area is managed in accordance with all applicable regulatory requirements and in a manner to minimize disruption to the surrounding neighborhoods. 3.8 Disaster Recovery Technical Assistance Contractor will provide Disaster Recovery Technical Assistance to the City to assist with guidance and consultation on all aspects of the recovery process. This assistance shall include documentation and management for the Public Assistance Program as pertains to debris management, planning, training and exercise development, as well as attendance at the City’s Emergency Operations Center (EOC) during activations of the EOC for exercise and actual disaster events as requested by the Contract Administrator. 3.9 Cost of Services Contractor shall bear all of its own operating costs and is responsible for all permit and license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. Upon receipt and acceptance of full documentation of the performance of services and an accurate invoice as specified by the City, the Contractor shall be reimbursed on a unit price basis - Attachment A. Unknown and/or unforeseen events or conditions may require an adjustment to the unit costs established in the Agreement. Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiations between the Contractor and City. 4. GENERAL RESPONSIBILITIES. 4.1 Contractor Representative and General Operations Plan Contractor shall have a knowledgeable and responsible representative report to the Contract Administrator or designee and provide a copy of the Contractor's General Operations Plan within seven (7) days following the execution of an Agreement. The City will approve the General Operations Plan prior to its implementation within the City. The Contractor's representative shall have the authority to implement all actions required to begin the performance of contracted services as set out in the Agreement and Contractor's General Operations Plan. 4.2 Mobilization When a Notice To Proceed (NTP) in advance of an event has been received by the Contractor, he/she will make all necessary arrangements to mobilize a minimum of 50% of the required resources within 48 hours and 100% of the required resources within 96 hours to commence and conduct these contracted services. The City may take such other actions as necessary to address the failure of the Contractor to mobilize resources on the schedule required by the City. 4.3 Other Agreements The City may be required to enter into agreements with Federal and/or State agencies for disaster relief. Contractor shall be bound by the terms and conditions of such agreements, regardless of the additional burdens of compliance. 4.4 The City’s Obligations The City shall furnish all information and documents necessary for the commencement of contracted services, including a written Work Authorization or Notice To Proceed. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 20 RFP #15-17 4.5 Contractor’s Conduct of Work Contractor shall be responsible for planning and conducting all operations in a satisfactory and professional manner. All Contractor personnel and Sub-Contractors shall demonstrate and maintain a courteous and responsible demeanor toward all persons. 4.6 Supervision by Contractor Contractor will supervise and/or direct all contracted services performed by its employees, agents and subcontractors. Contractor is solely responsible for all means, methods, techniques, safety and other procedures. Contractor will employ and maintain a qualified project manager at the work site(s) who shall have full authority to act on behalf of Contractor. All communications given to the project manager by the Contract Administrator or designee shall be as binding as if given to the Contractor. 4.7 Self-Sufficiency of Contractor and Sub-Contractors The Contractor shall ensure that its work force, including sub-contractors, maintain self-sufficiency related to fuel, vehicle repair/maintenance, housing, sanitation, food and related accommodations, in a manner that is consistent with local requirements and minimizing adverse affects on the community and the environment. 4.8 Damages by Contractor Contractor shall be responsible for conducting all operations, whether contemplated by this Agreement or later requested as specialized services, in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. Contractor shall also be responsible for any damages due to the negligence of its employees and Sub-Contractors. Contractor must report such damage to the Contract Administrator in writing within 24 hours. Should any property be damaged due to negligence on the part of the Contractor, the City may either bill the Contractor for the damages, withhold funds due to the Contractor, or the Contractor may also repair all damage to the satisfaction of the City. The City shall make the determination of whether “negligence” has occurred. 4.9 Contractor’s Duty Regarding Other Contractor(s) Contractor acknowledges the presence of other Contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work. 4.10 Contractor’s Disposal of Debris Unless otherwise directed by the City, the Contractor shall be responsible for determining and executing the method and manner for processing and/or lawful disposal of all eligible debris as approved by the City. The locations of the DMS and final disposal sites shall be mutually agreed upon by the City and the Contractor. The City may allow separate unit prices for delivery and disposal of debris to DMS and final disposal. Upon request from the Contractor, other sites may be utilized as directed and/or approved by the City. The tipping fees for final disposal will initially be paid by the Contractor but will be reimbursed at actual cost by presenting the verified load/weight tickets. 5. STANDARDS OF PERFORMANCE 5.1 Multiple, Scheduled Passes Contractor shall make scheduled passes of each area impacted by the event, at the direction of the City. The City shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the City. The Contractor will document the completion of all passes based on the direction from the City and will provide this documentation to the City on the frequency requested by the City. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 21 RFP #15-17 5.2 Clean As You Go Policy The Contractor shall provide a “Clean As You Go” policy. The Contractor shall supervise and enforce such policy during emergency debris management operations. 5.3 Operation of Equipment Contractor shall operate all trucks, trailers, scales, and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street, or ROW using buckets and/or boom and grapple devices to collect and load debris. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by the City. Should operation of equipment be required outside of the public ROW, the Contractor will ensure that a ROE Agreement has been obtained prior to property entry. 5.4 Security of Debris During Hauling Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul debris. Prior to leaving the loading sites, Contractor shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonably compacted and secured during transport in accordance with FDOT guidelines. As required, Contractor will survey the primary routes used by Contractor for debris hauling as soon as possible after the transport and will recover fallen or blown debris from the roadway(s). 5.5 Traffic Control Contractor shall mitigate impact on local traffic conditions to the greatest extent possible. Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the most current edition of the US Department of Transportation Manual or Uniform Traffic Control Devises (MUTCD). Contractor shall provide sufficient signage, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, collection, reduction and/or disposal sites. 5.6 Work Days/Hours Work days and/or work hours shall be as directed by the City following consultation and notification to Contractor. Working hours on holidays shall be at the discretion of the City. 5.7 Hazardous and Industrial Wastes Contractor shall set aside and reasonably protect all hazardous or industrial material encountered during debris removal operations for collection and disposal. Prior to such actions, the Contractor will prepare a Hazardous and Industrial Materials Cleanup and Disposal Plan, and this plan will be in accordance with all local, state and Federal requirements and will be approved by the City. In accord with this plan, the Contractor may use the subcontracting services of a firm specializing in the management and disposal of such materials and waste. 5.8 Utilizing Local Resources Contractor shall, to every extent possible, give priority to utilizing labor and other resources originating within Pinellas County. 5.9 Work Safety Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as amended. Contractor will provide such safety equipment, training and supervision as may be required by the City and/or other governmental regulations. Contractor shall ensure that its subcontracts contain an equivalent safety provision. 5.10 Inspection of Contractor Operations All debris shall be subject to inspection by the City and other public authorities to ensure compliance with this Agreement, applicable federal, state and local laws, and in accordance with generally accepted standards of emergency management professionals. The City will, at all DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 22 RFP #15-17 times, have access to all work sites and disposal areas. In addition, authorized representatives and agents of the government shall be permitted to inspect all work, materials, invoices, and other relevant records and documentation. 5.11 Corrective Actions Required of Contractor When instructed by the City’s Representative, the Contractor will immediately implement corrective actions to address health and safety issues and/or any other actions inconsistent with any of the terms of this agreement, as determined by the City in its sole discretion and notify the City within 24 hours. 5.12 Ineligible Work Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material that does not meet the eligibility requirements identified herein. 5.13 Eligibility Inspections City’s monitors shall inspect each load, or shall inspect at some other frequency of the City’s direction, to verify that the contents are in accordance with the accepted definition of eligible debris. 5.14 Eligibility Determinations If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another approved and certified receiving facility. No payment will be allowed for that load and Contractor will not invoice the City for such loads. The City, through its authorized representative, will be the sole judge as to whether the material conforms to the definition of eligible debris. 5.15 Other Agencies The term “government” as used in this RFP refers to those governmental agencies which may have a regulatory or funding interest in the resulting Agreement. 6. REPORTS, CERTIFICATIONS AND DOCUMENTATION 6.1 Reports Contractor shall submit periodic, written reports in a format required by the City documenting the progress of debris removal and disposal. These reports may include, but are not limited to: 6.1.1 Daily Reports Daily reports may detail the locations where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed of, the total number of personnel by job title engaged in debris management operations, and the number of grinders, chippers and mulching machines in operation. Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as may be required to completely describe the daily conduct of Contractor’s operations within 24 hours. 6.1.2 Weekly Summaries A summary of all information contained in the daily reports as described in Section 6.1.1, shall be provided to the City within two days of the close of the week. At the request of the City, the data making up the weekly summaries shall also be submitted in electronic format. The submitted electronic weekly data will include: Collection Contractor, load ticket number, load date, load location, truck yardage, percent full, calculated yardage (or weight if applicable) field monitor name / number, DMS location, tower monitor / name, debris materials categorization, and location of collection, e.g., ROW, FHWA, Canal, etc. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 23 RFP #15-17 6.1.3 Report Delivery The Contractor shall submit a report to the City’s designee by 11:00 a.m. each business day of the term of the Task Order. Each report will contain at a minimum the following information: • Contract Number. • Daily and cumulative hours for each piece of equipment, if appropriate. • Daily and cumulative hours for personnel, by position, if appropriate. • Weights of debris handled. 6.1.4 Data Reconciliation Reconciliation of data will be accomplished weekly between the Contractor and the City’s Representative. All discrepancies will be resolved within five days. 6.1.5 Final Project Closeout Upon final inspection and/or closeout of the project by the City, Contractor shall prepare and submit a detailed description of all debris management activities in an electronic spreadsheet, to include, but not limited to the total weight, by type of debris hauled, reduced and/or disposed of, final disposal locations and amounts of the debris managed by the Contractor, plus the total cost of the project invoiced to the City. The Contractor shall provide, upon request of the City and/or no later than project closeout, a release of liens demonstrating that all Sub-Contractors to the Contractor have been fully paid. Agreement will provide any other additional information as may be necessary to adequately document the conduct of the debris management operations for the City and/or government. Final project reconciliation must be approved by the City. 6.2 Certifications The Contractor will be responsible for the certification of personnel and vehicles. 6.2.1 Certification of Vehicles and Load Capacity Contractor shall ensure that all equipment is certified in accordance with most current FEMA guidelines. After a disaster, the City, or their designated representative, will begin the equipment certification at a pre-designated site, or at staging areas established by the Contractor. All Contractor and Sub-Contractor trucks shall have valid registrations, insurance and meet basic operational criteria: tailgates or equivalent containment devices, tarps, etc., as well as all-applicable motor vehicle safety requirements. Drivers shall possess valid licenses. Truck body dimensions shall be measured, and information recorded on certification forms with calculated capacity noted. Each truck will receive two placards, one each of which shall be affixed on opposite sides of the truck body. The truck driver will be provided up to two (2) copies of the certification sheet for the Contractor and Sub-Contractor’s records. 6.2.2 Certification of Personnel • Senior management personnel of the Contractor assigned to implement work authorizations pursuant to this agreement will participate, upon request, in training and briefing sessions held by representatives of Pinellas County and/or the City. • Senior, supervisory personnel of the Contractor and all Sub-Contractors thereto will have received training in debris management, and the implementation of the National Incident Management System (NIMS). • Personnel assigned by the Contractor as responsible for data management, invoicing and other documentation duties will be trained in the data management concepts and approaches to be used. • Vehicle and equipment operators will be fully licensed and certified, as required by applicable local, State and Federal statutes and regulations. • Upon their deployment for field operations, all Contractor and Sub-Contractor personnel will be briefed and trained appropriately in their duties, responsibilities, and the procedures to be utilized throughout the debris management process, including safety procedures, load ticket management procedures, and accident reporting procedures. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 24 RFP #15-17 6.3 Utilization of a Standardized “Load Ticket” The Contractor and all Sub-Contractors will utilize a standardized “load ticket” (format as provided by the City or designee) for documenting each load of debris from its origin to the DMS and/or final disposal location, as indicated. 6.4 Additional Supporting Documentation Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements, and any other services provided by Contractor as may be required by the City and/or other governmental entity to support requests for debris project reimbursement from external funding sources. 6.5 Report Maintenance Contractor will be subject to audit by federal, state and local agencies pursuant to this Agreement. Contractor will maintain all reports, records, debris reporting tickets and Agreement correspondence for a period of not less than three (3) years from project closeout. 7. OPTIONAL SERVICES NOTE: The City may determine additional services are needed during a disaster event. As applicable, the specifications given above would also be applicable to the selected optional services. • Cleaning and restoration of beaches. The Contractor will remove and dispose of debris accumulated on the beaches of the City, and will collect, screen for debris removal, and re-deposit sand on the beach that has accumulated in adjacent areas up to 2500 feet from the original land edge of the beach. Locations will be designated by the City’s authorized representative. The Contractor will be reimbursed at a fixed rate for this service. • Debris removal and restoration of canals. The Contractor will remove debris resulting from the event from the drainage and navigation canals and adjacent banks, as directed by the City. Debris to be removed will be vegetative and/or construction and demolition debris affecting the canals. The Contractor will also haul, process and dispose of the collected debris, as well as restore, re-grade, and/or reseed the canal banks and slopes, as directed by the City. The Contractor will be reimbursed at a fixed rate for this service. • Motor Vehicles. The Contractor will remove motor vehicles damaged by the disaster event and/or abandoned by the owner due to the circumstances of the event. The City will identify the area(s) from which motor vehicles are to be removed. Motor vehicles will be processed by or for the Contractor in a manner that complies with all requirements for removal and processing of hazardous materials, e.g., gasoline, oils and other fluids. The Contractor will also ensure the proper final disposal of the removed vehicle. The Contractor will be reimbursed at a fixed rate, inclusive of all towing, processing and disposal costs. • Boats. Boats severely damaged by the disaster event, and abandoned in or on the canals, marinas, and beaches of the jurisdiction will be collected by the Contractor, processed for removal and disposal of hazardous materials in accord with applicable regulations, demolished and transported to a suitable location for final disposal. The jurisdiction will determine the vessels to be removed, will establish that they have been legally abandoned by their owners, and will take other necessary steps as required by law before directing the Contractor to remove and dispose of the vessel. The Contractor is otherwise responsible for compliance with all regulations and requirements applicable to the removal and disposal process. The Contractor will be reimbursed at a fixed rate for this service. • Hazardous Waste and Contaminated Debris Management. The Contractor will identify, separate, collect, transport and dispose of disaster-generated debris determined DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 25 RFP #15-17 to be hazardous and/or contaminated, thereby requiring that it be separately managed from other debris. The Contractor will provide trained, experienced and equipped personnel to identify hazardous waste and contaminated debris at its point of origin, as well as to direct the Contractor personnel in the safe and proper handling and disposal of the material. All hazardous waste and contaminated debris will be collected, transported and disposed of by the Contractor as required by local, state and Federal regulations. The Contractor will be reimbursed at a fixed rate for this service. • Fire Suppression Support. In the event of water system failure in the jurisdiction, the Contractor will provide filled water trucks of a minimum capacity of 1,500 gallons, and equipped with outlet valves compatible with fire hose connections meeting national standards of the National Fire Protection Association, or as otherwise specified by the City. If the initial water supply is used, the City will be responsible for refilling the truck. The Contractor will be reimbursed at a fixed rate for this service. • Temporary bathrooms, showers, kitchens and feeding locations. The Contractor will provide the City with “comfort stations,” e.g., modular units to provide for the comfort and support of disaster victims within or near impacted neighborhoods. The modular units will include tents, portable toilets, hand basins, shower units, a mobile kitchen, chairs and tables for food service, and all necessary personnel, food, equipment and supplies to operate the units for extended periods. Each comfort station must include equipment compliant with the Americans with Disabilities Act. The unit must be capable of serving three meals per day. The City will provide law enforcement and emergency medical services staff to compliment the work force provided by the Contractor. The Contractor will be reimbursed at a fixed rate for this service. • Temporary Satellite Communications. The Contractor will provide satellite communications units capable of voice, text messaging, data transfer and internet access for use by the City personnel. The units will be rented/leased to the City and will be fully equipped, including AC/DC adapters (including automotive battery chargers), instructions and carrying cases. The units will be fully operational upon delivery to the City. The Contractor will be reimbursed at a fixed rate for this service. • Emergency Power Generation. The Contractor will provide mobile electric power generation units for facilities and locations located within the City. The City will define the size and fuel type of the mobile units, which will be leased to the City. The City will require up to ((number of separate units)) of (specify 120 and/or 240 volt) units, ranging in capacity from (range of KW needed), and the Contractor will deliver the units to the facilities or locations designated by the City, and ensure connection of the unit to the existing electrical wiring by a licensed electrician. The Contractor will also ensure the unit is fueled, tested, and demonstrated to be operational prior to departure from the location. The Contractor will also provide fuel for the duration of the units use by the City, and will have readily available technical support and repair or replacement services. The Contractor will be reimbursed a fixed rate for this service. • Pumping and Water Relocation/Removal for Flood Control. The Contractor will provide all personnel, trucks, pumps, hoses, fuel and other necessary equipment for removal of standing water from low collection areas where localized flooding threatens public safety or continuing property damage, as directed by the City. The minimum required capacity of the services to be provided to any such location, upon instruction of the City, will be (to be determined the # of gallons/minute). Water removal may be by pumping to adjacent storm sewers if functional, to nearby stream or drainage canals, or into tanker trucks. The Contractor must comply with any applicable environmental requirements concerning discharge of the water once pumped. The Contractor will be reimbursed at a fixed rate for this service. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 26 RFP #15-17 • Decontamination of Buildings and Facilities. The Contractor will provide for chemical and/or biological decontamination of buildings, facilities or other structures as directed by the City. The Contractor is responsible for providing experienced, trained and equipped personnel, for all equipment and supplies, and for final disposal of all contaminated materials removed from the structure. All operations by the Contractor must be in full compliance with all health and safety standards, as well as environmental protection requirements applicable to the decontamination and disposal process. The Contractor will be reimbursed at a fixed rate for this service. • Mold Remediation. The Contractor will provide all personnel, equipment, supplies and services necessary for the planning of mold remediation services, removal and disposal of mold contaminated materials, and other mold remediation measures necessary for affected public buildings belonging to the City. The Contractor will comply with all Federal guidelines on mold remediation, and ensure compliance with all applicable health, safety and environmental protection standards. The City will designate which buildings or other structures are to be remediated, will approve the Contractor’s mold remediation plan, and will designate the disposal facility to be utilized for mold-contaminated materials removed by the Contractor. The Contractor will be reimbursed at a fixed rate for this service. 8. REQUIRED QUALIFICATIONS. Respondents to this RFP will explain their experience and expertise as described in PROPOSAL FORMAT (pp. 30-31). A minimum of three (3) references, preferably from other public entities, are required. In addition to requirements set forth in the RFP, respondents must meet the following standards for proposal consideration: • Respondent must be registered with the State of Florida, Division of Corporations to do business in Florida • Respondent must be properly licensed in Pinellas County as a general, demolition, environmental, and/or other applicable contractor category • Respondent is not listed on the Florida Department of Management Services (DMS) Convicted Vendor List per State Statute 287.133(3)(d) • Respondent is not on the Federal Debarment List at www.SAM.gov • Respondent is not on the Florida State Board of Administration Scrutinized List of Prohibited Companies 9. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Proof of Insurance coverages is required with RFP response. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, 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. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 27 RFP #15-17 c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two 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 the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) 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. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. e. Unless waived by the State of Florida and proof of waiver is provided to the City, 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 $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. 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. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #15-17 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. DETAILED SPECIFICATIONS Disaster Debris Removal and Disposal Services 28 RFP #15-17 The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Disaster Debris Removal and Disposal Services 29 RFP #15-17 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2017 through May 2018. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewal is possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial agreement term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. Any escalation in pricing for each renewal period will be based on the Bureau of Labor Statistics Employment Cost Index (ECI), private industry workers, total compensation, management, professional, and other related occupations, service providers, non-seasonal (C.I.U. 201500100000A) change in most recent 12 month period. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each renewal term. RESPONSE ELEMENTS Disaster Debris Removal and Disposal Services 30 RFP #15-17 1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, three (3) copies of the proposal, and one (1) electronic format copy on a disc or thumb drive, together in a sealed container. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City. TAB 2 – Qualifications and Experience of Personnel. Provide a statement of qualifications, abilities, experience and expertise in providing the requested services. Resumes, including relevant experience may be included. TAB 3 – Demonstrated Success in Past Contracts and Relevant Knowledge. 1. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. 2. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, including specific experience and knowledge relevant to FEMA, FDOT, and FHWA requirements. 3. References – A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 4 - Additional Information/Fee Schedule/Availability. Provide the following: 1. Additional information for consideration in the review of proposal 2. Fee Schedule – Attachment A 3. Overview of contractor’s availability, including established commitments and the priority of Clearwater, Florida in the event of a disaster event TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addendum form 2. Vendor Information form 3. Offer and Acceptance form 4. Proof of Insurance Coverages (certificate with “Additional Insured” designation will be required with execution of an agreement) 5. Safe Working Environment Policy 6. Safety Plan Policy 7. Subcontractor Plan – including company name, task specialties, contact information, and small/disadvantaged business status if applicable 8. Miscellaneous Required Forms - Attachment B 9. W-9 Form. All responses should include a fully completed, most current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Disaster Debris Removal and Disposal Services 31 RFP #15-17 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Disaster Debris Removal and Disposal Services 32 RFP #15-17 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 proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Indicate appropriate certification(s) and certifying agency: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF OFFER Disaster Debris Removal and Disposal Services 33 RFP #15-17 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Disaster Debris Removal and Disposal Services 34 RFP #15-17 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #15-17 Disaster Debris Removal/Disposal Services Due Date: June 1, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #15-17 Disaster Debris Removal/Disposal Services Due Date: June 1, 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 33756-5520 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 17-32 Agenda Date: 9/7/2017 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Legal Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Confirm the Declaration of a State of Emergency due to conditions surrounding Hurricane Irma and adopt Resolution 17-32. SUMMARY: Hurricane Irma is a catastrophic Category 5 hurricane and the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services, and coastal areas are threatened by storm surge attendant to the possible arrival of Hurricane Irma. The Mayor issued a Proclamation of a State of Emergency on September 7, 2017. Section 15.07(2) of the Code of Ordinances requires the City Council to confirm a Declaration of a State of Emergency at the next regularly scheduled meeting. Page 1 City of Clearwater Printed on 9/7/2017 [A04-00040 /209284/1]Resolution No. 17-32 RESOLUTION NO. 17-32 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by George N. Cretekos, Mayor, on ___________________ based on conditions surrounding Hurricane Irma; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Hurricane Irma; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency procurement procedures; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency employee work schedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on ____________________, is hereby confirmed. Section 2. It was necessary to establish the following emergency procurement procedures: The bid/quote requirements were suspended; Awards of contract for specified department directors were increased from $25,000 to $50,000; The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000; The City Manager had emergency authority above $100,000, but must present an after action ratification item to the City Council for approval at the next available Council Meeting; Purchasing card dollar limits for single and monthly transactions and their usage (number of transactions) were increased to as much as $100,000/transaction and $500,000/month for personnel specifically approved by the City Manager; and [A04-00040 /209284/1]Resolution No. 17-32 Department directors involved in emergency and public services and other selected personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Section 3. It was necessary to implement emergency employee work schedules and compensation in accordance with established city policy and procedure as deemed appropriate by the City Manager. Section 4. This resolution shall be effective and shall terminate concurrently with the Pinellas County declaration of a State of Emergency. PASSED AND ADOPTED this __________ day of _______________, 2017. Attest: ___________________________________________________________ Rosemarie Call, City Clerk George N. Cretekos, Mayor Approved as to form: ___________________________Pamela K. Akin, City Attorney 3 t:';'• si-401"11A117Y-0 sa IAN Al- 41-11 o-AA 4rni .t,