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05/14/2018
Monday, May 14, 2018 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda May 14, 2018Council Work Session Work Session Agenda 1. Call to Order 2. Presentations May Service Awards2.1 3. Parks and Recreation Approve the City’s portion of a performance guarantee of $100,000 for ZZ Top and John Fogerty concert to be held at Coachman Park on June 2, 2018. (consent) 3.1 Approve the purchase of fitness equipment for the Morningside Recreation Center located at 2400 Harn Blvd. to Gym Source of Tampa for $84,211.50 and FitRev of Tampa for $54,517.00 for a total cost of $138,728.50. (consent) 3.2 Approve a Sublease Agreement between the City of Clearwater, the U.S. National Senior Sports Organization Inc. and the State of Florida, Bureau of Public Land Administration, Division of State Lands for use of the Florida Department of Transportation building and property located at 3204 Gulf to Bay Blvd.; approve an amendment to the existing lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and City of Clearwater to allow for the U.S. National Senior Sports Organization, Inc. to utilize said property as their corporate headquarters, and authorize the appropriate officials to execute same. (consent) 3.3 4. Police Department Increase the Police Department Full Time Equivalents (FTEs) by 11.4; authorize purchase of additional Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $131,420; authorize the retention of six police vehicles from the current fiscal year vehicle replacement list; authorize purchase of law enforcement related equipment associated with the additional FTEs, with an amount not to exceed $114,690; authorize an increase in the Police Department’s operating budget, for the current year’s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $239,820. (consent) 4.1 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida, providing for the continuation and expansion of the School Resource Officer Program, for a multi-year period commencing July 1, 2018 through June 30, 2021, and authorize the appropriate officials to execute same. (consent) 4.2 5. Engineering Page 2 City of Clearwater Printed on 5/14/2018 May 14, 2018Council Work Session Work Session Agenda Ratify and confirm Change Order 1 to David Nelson Construction Co., of Palm Harbor, Florida, for East Gateway Stormwater and Sanitary Sewer Improvements (13-0043-UT) in the amount of $421,554.60, a time extension of 279 calendar days and authorize the appropriate officials to execute same. 5.1 Support initiatives to lessen the negative impact of single-use plastic and styrofoam products by encouraging Clearwater businesses to participate in an ocean friendly business program and adopt Resolution 18-08. 5.2 Approve the First Amendment to the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for Utility Relocations as part of the Pinellas County Lake Avenue Culvert Project (17-0005-UT) to extend the agreement duration, and authorize the appropriate officials to execute same. (consent) 5.3 Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) 5.4 Approve the Contract for Exchange of Real Property providing for the exchange of certain city-owned real property for a strategic parcel in the downtown core which is of greater value and is owned by the Church of Scientology Flag Service Organization, Inc. (COS), authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. 5.5 6. Fire Department Approve the revised Statewide Mutual Aid Agreement and adopt Resolution 18-09. 6.1 7. Planning Page 3 City of Clearwater Printed on 5/14/2018 May 14, 2018Council Work Session Work Session Agenda 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 3072 Glen Oak Avenue, 3024 Lake Vista Drive, 3047 and 3052 Merrill Avenue and 511 Moss Avenue 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 3132 San Jose Street, and pass Ordinances 9152-18, 9153-18, and 9154-18 on first reading. (ANX2018-04005) 7.1 8. Public Utilities Ratify and Confirm a Blanket Purchase Order increase to USA Bluebook in the amount of $39,500 to process invoices totaling $35,265.54 for operating materials and chemicals purchased for Wastewater Reclamation Facilities Marshall Street, Northeast, East and the Water Treatment Plants RO1, RO2, WTP 3, Water Distribution and Wastewater Collections and authorize the appropriate officials to execute same. 8.1 Ratify and confirm a Blanket Purchase Order increase to Xylem Water Solutions in the amount of $90,000.00 to process invoices totaling $85,574.80 for various pumps and repairs. 8.2 9. Official Records and Legislative Services Appoint individuals to the Strong Mayor Task Force.9.1 Amend City Council Policies 2-16, 2-21 and 5-6.9.2 10. Legal Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, being bound by Franklin Street to the North, South Garden Avenue to the East, Court Street to the South, and South Fort Harrison Avenue to the West; subject to, among other things, a blanket general utility, drainage and gas easement to be reserved over the entire right-of-way to be vacated herein, subject to the granting of certain private utility easements. 10.1 Adopt Ordinance 9130-18 on second reading, vacating public right-of-way of Damascus Road as recorded in OR Book 1936, Page 522 of the Public Records of Pinellas County, Florida and vacating an ingress and egress easement as recorded in OR Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. 10.2 Adopt Ordinance 9133-18 on second reading, changing the composition of the Sister Cities Advisory Board to add an at-large member. 10.3 Page 4 City of Clearwater Printed on 5/14/2018 May 14, 2018Council Work Session Work Session Agenda 11. City Manager Verbal Reports City Hall Temporary Relocation11.1 12. City Attorney Verbal Reports 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting Poppy Days Proclamation - Gigi Jansek, American Legion Auxiliary16.1 Older Americans Month Proclamation - Ann Marie Winter, Executive Director Area Agency on Aging of Pasco-Pinellas, Inc. 16.2 Safe Boating Week Proclamation16.3 United Way Award Certificate - Chuck Lane, Economic Development16.4 Emergency Medical Services Week - Assistant Chief of EMS, Anthony Tedesco 16.5 Page 5 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4526 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: May Service Awards SUMMARY: 5 Years of Service: Michael McGlockton Public Utilities Kristina Cook Information Technology Kyle Aldrich Engineering/Parking Tara Dillon Utility Customer Service James Benwell Engineering 15 Years of Service: Erik Soderlund Engineering Liberian Miles Public Utilities Robert Ramos Fire Michael Ward Fire Scott Pettay Fire Dennis Cason Police Kayla Grant Library Bryan Karnes Police Laurie Sullivan Library Gary Martinez Police Shante Dean Police 20 Years of Service: Ladrea Young Police Carol McAnally Police William Karner Utility Customer Service Lucas Semple Fire Gray Joyce Fire Gary Spence Fire Matthew Burmood Fire 25 Years of Service: Robert Hallett Engineering Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4526 Page 2 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4575 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the City’s portion of a performance guarantee of $100,000 for ZZ Top and John Fogerty concert to be held at Coachman Park on June 2, 2018. (consent) SUMMARY: The City of Clearwater is partnering with Ruth Eckerd Hall and AEG in bringing ZZ Top and John Fogerty’s tour to Clearwater on June 2, 2018. The total performance guarantee for the event is $300,000, which is being shared by the three partners. The city portion of the performance guarantee is $100,000. This is a major music tour and with it comes increased costs and guarantees to the artists but also it gives the partners an opportunity to reap from the profits of such concerts. Last year the City hosted John Legend, Kenny G, Third Eye Blind, and Sammy Hagar which provided examples to the music industry that Clearwater and Coachman Park is a great place to schedule their tours. These events have provided between $10,000 - $30,000 in net revenue for the City and hosting these high-profile events will assist in recruiting more to the area in the future. Revenue from these events go to support the many free concerts and special events the City sponsors for the public like the 4th of July concert and fireworks. APPROPRIATION CODE AND AMOUNT: Funding for this performance guarantee will come from revenue generated from the concert and placed in Special Events Code 181-99865. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4576 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the purchase of fitness equipment for the Morningside Recreation Center located at 2400 Harn Blvd. to Gym Source of Tampa for $84,211.50 and FitRev of Tampa for $54,517.00 for a total cost of $138,728.50. (consent) SUMMARY: The Morningside Recreation Center is currently under construction and is scheduled to be completed by June 29, 2018. Part of the construction is 1,760 sq. ft. space for a new fitness center. After extensive evaluation of fitness equipment currently on the market staff is recommending a mixture of state-of-the-art strength machines, cardio equipment and free weights for the center. Gym Source will provide the strength machines, two ARC Trainers and the free weights through the NJPA pricing contract 120215-LFF for a cost of $84,211.50. This equipment was chosen due to its small footprint, large weight stack, and the ability to offer converging and diverging motions on its equipment. The ARC Trainers are stationary non-impact exercise machines that provide a biomechanically correct path of motion and are very popular at our other recreation centers. FitRev will provide the cardio equipment through the NJPA pricing contract 120215-PCR for a cost of $54,517.00. The cardio equipment is made by Precor and will include four treadmills, two ellipticals, and two recumbent bikes. All equipment will have 16-inch interactive touch screen monitors including Preva software program that provides customizable walk up screen, asset management alerts/preventative maintenance notifications, exerciser activity report, automatic software updates, welcome screen messages, bluetooth headphone connections, video on demand, and individual fitness profiles. APPROPRIATION CODE AND AMOUNT: Funding for the Gym Source equipment will come from CIP 315-93251 "Morningside Recreation Center” and for the FitRev equipment from CIP 315-93247 “Fitness Center Purchase and Replacement”. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4588 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve a Sublease Agreement between the City of Clearwater, the U.S. National Senior Sports Organization Inc. and the State of Florida, Bureau of Public Land Administration, Division of State Lands for use of the Florida Department of Transportation building and property located at 3204 Gulf to Bay Blvd.; approve an amendment to the existing lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and City of Clearwater to allow for the U.S. National Senior Sports Organization, Inc. to utilize said property as their corporate headquarters, and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff recommends that the City (sublessor) enter into a sublease agreement with the U.S. National Senior Sports Organization Inc. (sublessee) for a portion of the vacant building and approximately 2-acre site located at 3204 Gulf to Bay Blvd. The City is currently leasing this property from the State of Florida, Bureau of Public Land Administration, Division of State Lands. The City entered into a lease agreement with the State of Florida, Bureau of Public Land Administration, Division of State Lands for lease of said property August 16, 2017. It has been the intention of the City to sublease a portion of the property to the U.S. National Senior Games Association for a new corporate headquarters. The City intends to have another party occupy the property to operate a trail head, welcome center and restrooms at this location. For any organization to sublease the property the sublessee and the sublessor must sign a sublease in conjunction with the State. The National Senior Sports Organization is a non-profit organization dedicated to motivating active adults to lead a healthy lifestyle through the senior games movement. The Games, a 20-sport, biennial competition for men and women 50 and over, is the largest multi-sport event in the world for seniors. The sublessee will be responsible for all costs associated with the general maintenance and improvements to be made inside the building. The sublessee will be responsible for all utilities, except for water which the sublessor has agreed to pay. The term of this sublease is 10 years. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4588 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2018 This Sublease was prepared by: Jay Sircy, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID#37550 PNS1 [ 2,386 square feet +/-] CITY OF CLEARWATER, FLORIDA ______________________________________ SUBLEASE AGREEMENT Sublease Number 4799-01 THIS SUBLEASE AGREEMENT is made and entered into this ____ day of _________________, 20___, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation hereinafter referred to as "SUBLESSOR", and U.S. NATIONAL SENIOR SPORTS ORGANIZATION, INC., a Florida nonprofit corporation, its successors and assigns, hereinafter referred to as "SUBLESSEE". WITNESSETH: In consideration of the covenants and conditions set forth herein SUBLESSOR subleases the below described premises to SUBLESSEE on the following terms and conditions: 1. ACKNOWLEDGMENTS: The parties acknowledge that title to the subleased premises is held by the Board of Trustees of the Internal Improvement Trust Fund (TRUSTEES) and is currently managed by SUBLESSOR for use as trail support activities under TRUSTEES’ Lease No. 4799. 2. DESCRIPTION OF PREMISES: The property subject to this sublease, is situated in the County of Pinellas, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased premises". 3. TITLE DISCLAIMER: SUBLESSOR does not warrant or guarantee any title, right or interest in or to the subleased premises. Page 2 of 27 R 04/15 Sublease No. 4799-01 4. SUBLEASE TERM: The term of this sublease shall be for a period of ten years (10) years commencing on ________________________ and ending on __________________________, unless sooner terminated pursuant to the provisions of this sublease. 5. PURPOSE: SUBLESSEE shall manage the subleased premises only for the establishment and operation of its non- profit headquarters office, along with other related uses necessary for the accomplishment of this purpose as designated in the Operational Report required by paragraph 22 of this sublease. 6. CONFORMITY: This sublease shall conform to all terms and conditions of that certain lease between the TRUSTEES and SUBLESSOR dated August 16, 2017, a copy of which is attached hereto as Exhibit "B", and SUBLESSEE shall through its agents and employees prevent the unauthorized use of the subleased premises or any use thereof not in conformance with this sublease. 7. QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of ingress and egress to, from and upon the subleased premises for all purposes necessary to the full quiet enjoyment by said SUBLESSEE of the rights conveyed herein, subject, however, to any pre-existing easements, rights-of-way and other third party interests which were in existence at the time that the subleased premises were conveyed to SUBLESSOR and which, pursuant to the terms of the operative instruments, remain in full force and effect. 8. ASSIGNMENT: This sublease shall not be assigned in whole or in part without the prior written consent of SUBLESSOR and the TRUSTEES. Any assignment made either in whole or in part without the prior written consent of SUBLESSOR and the TRUSTEES shall be void and without legal effect. 9. RIGHT OF INSPECTION: The TRUSTEES and SUBLESSOR or their duly authorized agents, representatives or employees shall have the right at any and all times to inspect the subleased premises and the works and operations of SUBLESSEE in any matter pertaining to this sublease. 10. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of SUBLESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of SUBLESSOR as to purpose, location and design. Further, no trees, other than non-native species, shall be removed or major land alterations done by SUBLESSEE without the prior written approval of SUBLESSOR. Removable equipment and removable improvements placed on the subleased premises by SUBLESSEE and which do not become a Page 3 of 27 R 04/15 Sublease No. 4799-01 permanent part of the subleased premises will remain the property of SUBLESSEE may be removed by SUBLESSEE upon termination of this sublease. 11.INSURANCE REQUIREMENTS: During the term of this sublease SUBLESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the subleased premises. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the subleased premises. During the term of this sublease, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein, SUBLESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name SUBLESSOR and the State of Florida as additional insureds. SUBLESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this sublease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. SUBLESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. SUBLESSEE shall immediately notify SUBLESSOR and the insurer of any erection or removal of any building or other improvement on the subleased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. SUBLESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this sublease. 12.INDEMNITY: In consideration of the privileges herein granted, SUBLESSEE hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, save and hold harmless the State of Florida, TRUSTEES, and SUBLESSOR from any and all claims, costs, expense, including attorney’s fees, actions, lawsuits and demands of any kind or nature arising out of this sublease. SUBLESSEE shall contact SUBLESSOR and TRUSTEES regarding the legal action deemed appropriate to remedy such damage or claims. SUBLESSOR and TRUSTEES shall have the absolute Page 4 of 27 R 04/15 Sublease No. 4799-01 right to choose its own legal counsel in connection with all matters indemnified for and defended against herein at SUBLESSEE’S expense. 13.PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSOR shall assume full responsibility for and shall pay all liabilities that accrue to the subleased premises or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the subleased premises. 14.NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this sublease shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of SUBLESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by SUBLESSOR. 15.TIME: Time is expressly declared to be of the essence of this sublease. 16.BINDING EFFECT AND INUREMENT: This sublease shall be binding on and shall inure to the benefit of the successors, governmental and corporate sublessees and assigns of the parties hereto, but nothing contained in this paragraph shall be construed as a consent by the TRUSTEES and SUBLESSOR to any assignment of this sublease or any interest therein by SUBLESSEE. 17.NON-DISCRIMINATION: SUBLESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the subleased premises or upon lands adjacent to and used as an adjunct of the subleased premises. 18.UTILITY FEES: SUBLESSOR shall not be required to furnish to SUBLESSEE any services of any kind whatsoever during the term of this sublease except the SUBLESSOR shall furnish to SUBLESSEE water. SUBLESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, and other public utilities to the subleased premises and for having all utilities turned off when the subleased premises are surrendered. 19.MINERAL RIGHTS: This sublease does not cover petroleum or petroleum products or minerals and does not give the right to SUBLESSEE to drill for or develop the same. However, SUBLESSEE shall be fully compensated for any and all Page 5 of 27 R 04/15 Sublease No. 4799-01 damages that might result to the subleasehold interest of SUBLESSEE by reason of any such exploration and recovery operations. 20.RIGHT OF AUDIT: SUBLESSEE shall make available to the TRUSTEES and SUBLESSOR all financial and other records relating to this sublease, and the TRUSTEES and SUBLESSOR shall have the right to audit such records at any reasonable time. This right shall be continuous until this sublease expires or is terminated. This sublease may be terminated by SUBLESSOR should SUBLESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this sublease, pursuant to the provisions of Chapter 119, Florida Statutes. 21.CONDITION OF PROPERTY: SUBLESSOR assumes no liability or obligation to SUBLESSEE with reference to the condition of the subleased premises or the suitability of the subleased premises for any improvements. The subleased premises herein are subleased by SUBLESSOR to SUBLESSEE in an "as is" condition, with SUBLESSOR assuming no responsibility for bidding, contracting, permitting, construction, and the care, repair, maintenance or improvement of the subleased premises for the benefit of SUBLESSEE. 22.OPERATIONAL REPORT: SUBLESSEE shall prepare and submit an Operational Report to the TRUSTEES and SUBLESSOR within one year of the effective date of this sublease. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Operational Report for the subleased premises. The Operational Report shall be submitted to the SUBLESSOR in draft form for review and comments within ten months of the effective date of this sublease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the subleased premises. SUBLESSEE shall not proceed with development of the subleased premises in any way including, but not limited to, funding, permit application, design or building contracts, until the Operational Report required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this sublease shall be done at SUBLESSEE'S own risk. The approved Operational Report shall provide the basic guidance for all activities conducted on the subleased premises. SUBLESSEE shall not use or alter the subleased premises except as provided in the approved Operational Report without the prior written approval of the TRUSTEES and SUBLESSOR. 23.NOTICES: All notices given under this sublease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to Page 6 of 27 R 04/15 Sublease No. 4799-01 whom notice is to be given, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows: SUBLESSOR: City of Clearwater, Florida 3204 Gulf to Bay Boulevard Clearwater, FL 33759 SUBLESSEE: National Senior Sports Association, Inc. 8919 World Ministry Avenue Baton Rouge, LA 70810-9006 With a mandatory copy to: Board of Trustees of the Internal Improvement Trust Fund c/o State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Boulevard, M.S. 130 Tallahassee, Florida 32399-3000 24.DAMAGES TO THE PREMISES: (a) SUBLESSEE shall not do, or suffer to be done, in, on or upon the subleased premises or as affecting said subleased premises or adjacent properties, any act which may result in damage or depreciation of value to the subleased premises or adjacent properties, or any part thereof. (b) SUBLESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the subleased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this sublease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the subleased premises, and (2) all off-site ground and surface waters and lands affected by SUBLESSEE'S such failure to comply, as may be necessary to bring the subleased premises and affected off-site waters and lands into full Page 7 of 27 R 04/15 Sublease No. 4799-01 compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. SUBLESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this sublease. This paragraph shall not be construed as a limitation upon SUBLESSEE'S obligations regarding indemnification and payment of costs and fees as set forth in paragraphs 12 and 13 of this sublease, nor upon any other obligations or responsibilities of SUBLESSEE as set forth herein. Nothing herein shall relieve SUBLESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by SUBLESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, SUBLESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to SUBLESSOR, all within the reporting periods of the applicable agencies. 25.LAND USE PLAN: SUBLESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of SUBLESSOR until the Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to SUBLESSOR in draft form for review and comments within ten months of the effective date of this lease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEE’S own risk. The Land Use Plan shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR. SUBLESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of SUBLESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic Page 8 of 27 R 04/15 Sublease No. 4799-01 species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use Plan at least every ten (10 ) years from the execution date of the lease. 26.SURRENDER OF PREMISES: Upon termination or expiration of this sublease, SUBLESSEE shall surrender the subleased premises to SUBLESSOR. In the event no further use of the subleased premises or any part thereof is needed, SUBLESSEE shall give written notification to SUBLESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 at least six months prior to the release of any or all of the subleased premises. Notification shall include a legal description, this sublease number and an explanation of the release. The release shall only by valid if approved by SUBLESSOR and the TRUSTEES through the execution of a release of sublease instrument with the same formality as this sublease. Upon release of all or any part of the subleased premises or upon termination or expiration of this sublease, all improvements, including both physical structures and modifications to the subleased premises, shall become the property of SUBLESSOR and the TRUSTEES unless SUBLESSOR gives written notice to SUBLESSEE to remove any or all such improvements at the expense of SUBLESSEE. The decision to retain any improvements upon termination of this sublease shall be at SUBLESSOR'S sole discretion. Prior to surrender of all or any part of the subleased premises SUBLESSOR shall perform an on-site inspection and the keys to any building on the subleased premises shall be turned over to SUBLESSOR. If the improvements do not meet all conditions as set forth in paragraphs 18 and 36 herein, SUBLESSEE shall pay all costs necessary to meet the prescribed conditions. 27.BREACH OF COVENANTS TERMS, OR CONDITIONS AND DEFAULT AND FORFEITURE: Should SUBLESSEE, at any time during the term of this sublease, suffer or permit to be filed against it an involuntary, or voluntary, petition in bankruptcy or institute a composition or an arrangement proceeding under Chapters 10 or 11 of the Bankruptcy Reform Act of 1978, as amended; or make any assignments for the benefit of its creditors; or should a receiver or trustee be appointed for SUBLESSEE’S property because of SUBLESSEE’S insolvency, and the said appointment not vacated within thirty days thereafter; or should SUBLESSEE’S sublease interest be levied on and the lien thereof not discharged within thirty days after said levy has been made; or should SUBLESSEE fail promptly to make the necessary returns and reports required of it by state and federal law; should SUBLESSEE fail promptly to comply with all governmental regulations, both state and Page 9 of 27 R 04/15 Sublease No. 4799-01 federal; should SUBLESSEE fail to comply with any of the terms and conditions of this sublease and such failure continues for thirty (30) days after SUBLESSEE’S receipt of written notice of the failure from SUBLESSOR; then, in such event, and upon the happening of either or any of said events, SUBLESSOR shall have the right, at its discretion, to consider the same a default on the part of SUBLESSEE of the terms and provisions hereof, and, in the event of such default, SUBLESSOR shall have the option of either declaring this sublease terminated, and the interest of SUBLESSEE forfeited, or maintaining this sublease in full force and effect and exercising all rights and remedies herein conferred upon SUBLESSOR. The pendency of bankruptcy proceedings or arrangement proceedings to which SUBLESSEE shall be a party shall not preclude SUBLESSOR from exercising either option herein conferred upon SUBLESSOR. In the event SUBLESSEE, or the trustee or receiver of SUBLESSEE’S property, shall seek an injunction against SUBLESSOR’S exercise of either option herein conferred, such action on the part of SUBLESSEE, its trustee or receiver, shall automatically terminate this sublease as of the date of the making of such application, and in the event the court shall enjoin SUBLESSOR from exercising either option herein conferred, such injunction shall automatically terminate this sublease. 28.BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management Practices for all activities conducted under this sublease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by SUBLESSOR, SUBLESSEE or other land managing agencies for the protection and enhancement of the subleased premises. 29.SOVEREIGNTY SUBMERGED LANDS: This sublease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 30.PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the subleased premises is held by the TRUSTEES. SUBLESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the subleased premises including, but not limited to, mortgages or construction liens against the subleased premises or against any interest of the TRUSTEES and SUBLESSOR therein. 31.CONDITIONS AND COVENANTS: All of the provisions of this sublease shall be deemed covenants running with the land included in the subleased premises, and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. Page 10 of 27 R 04/15 Sublease No. 4799-01 32.PARTIAL INVALIDITY: If any term, covenant, condition or provision of this sublease shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33.ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of the TRUSTEES and SUBLESSOR. 34.CONVICTION OF FELONY: If SUBLESSEE or any principal thereof is convicted of a felony during the term of this sublease, such conviction shall constitute, at the option of the TRUSTEES and SUBLESSOR, grounds for termination of this sublease. 35.EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by TRUSTEES. SUBLESSEE is not authorized to grant any easements of any nature and any easement granted by SUBLESSEE shall be void and without legal effect. 36.SUBSUBLEASES: This sublease is for the purposes specified herein and subsubleases of any nature are prohibited, without the prior written approval of TRUSTEES and SUBLESSOR. Any subsublease not approved in writing by TRUSTEES and SUBLESSOR shall be void and without legal effect. 37.MAINTENANCE OF IMPROVEMENTS: SUBLESSEE shall maintain the real property contained within the subleased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, maintaining the planned improvements as set forth in the approved Operational Report, keeping the subleased premises free of trash or litter, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this sublease. SUBLESSOR shall be responsible for repairs greater than $500.00, with SUBLESSEE being responsible for all other obligations. 38.COMPLIANCE WITH LAWS: SUBLESSEE agrees that this sublease is contingent upon and subject to SUBLESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 39.ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this sublease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Operational Report prepared pursuant to paragraph 18-2.018(3)(a), Florida Page 11 of 27 R 04/15 Sublease No. 4799-01 Administrative Code, may be reviewed by the State of Florida Department of State, Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the subleased premises. 40.GOVERNING LAW: This sublease shall be governed by and interpreted according to the laws of the State of Florida. 41.SECTION CAPTIONS: Articles, subsections and other captions contained in this sublease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this sublease or any provisions thereof. [Remainder of page intentionally left blank;Signature page follows] Page 12 of 27 R 04/15 Sublease No. 4799-01 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation _________________________ By: (SEAL) Witness George N. Cretekos, Mayor _________________________ Print/Type Witness Name _________________________ Witness _________________________ Print/Type Witness Name "SUBLESSOR" STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this______ day of ________________,20___, by George N. Cretekos, as Mayor, of the City of Clearwater, Florida, a Florida municipal corporation, who is/are personally known to me or who has produced ___________________________ as identification. _________________________________ Notary Public, State of Florida _________________________________ Print/Type Notary Name Commission Number: Commission Expires: Page 13 of 27 R 04/15 Sublease No. 4799-01 U.S NATIONAL SENIOR SPORTS ORGANIZATION, a Florida nonprofit corporation _________________________ By: (SEAL) Witness Marc T. Riker, Chief Executive Officer _________________________ Print/Type Witness Name _________________________ Witness _________________________ Print/Type Witness Name "SUBLESSEE" STATE OF _______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me this______ day of ________________,20___, by Marc T. Riker, as Chief Executive Officer, of U.S. National Senior Sports Organization, a Florida nonprofit corporation, who is personally known to me or who has produced ___________________________ as identification. _________________________________ Notary Public, State of ______________ _________________________________ Print/Type Notary Name Commission Number: Commission Expires: Page 14 of 27 R 04/15 Sublease No. 4799-01 Consented to by the TRUSTEES on _____ day of _____________, 20__. By: ________________________________ APPROVED SUBJECT TO PROPER EXECUTION Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the By: _________________________ Board of Trustees of the Internal Improvement Trust Fund of the DEP Attorney State of Florida BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 04-27-2018 -L0CI010N I f<!!C,""'""' 2 .,,,,,,. __ '.!, WCM""'"'NI -'!-MW� �:F', :; �.a.��1· "' !'I'� 7 --l: -"'���e.-. "I �,=�: I" �l"i::e. 11 � 12. <'L<>!fl.T l'l> ..._ "'' -41-±l -;I 11 II -t @ DOOR SCHEDULE -IIOOIIIIZJI -�co,-r'<> '!I-OXT-0 -Z.'--t':"0-1-f;-.-2•1:.'x a,1-t: �-�-C-!: 'if-(;�O-e, 'ffJ.-0.xO� 2-q,L.oxd"tt 9,11-c·xo-e> �,o-t, . f!/-01'0� 2.'0,«>t, �·"'() )11:C,-f? © ---- T-L0UVIII A,..._,. r, HM I', WV-f., .,.Jt', !> WI/, I' WV, fl< WP, I' WV, IB V,11, I' Wl:l "' mi .i,, NII ll>, ·� d-o -,,..-..,. 111!1'. ... L. -�c. I HM-··-· �c ,z. 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I IP.>'-'2 14-'v •• ,!) -.a BENTLEY _..,_.,1••===-........... ., ··�--b,&i,<1,,, l'l�lew' r-1···1 -� 1�-W.P.I. r.zmo2 : � • : FL,• l'!iaD·lo/-'h:.; ; B LJ ® ® DOOR TYPES ...,,...+-,,,- o.iJI..K �AD � �.BCALE:',.11/1�.--1'�D.:' @JAte, ----=-, · ICAl.2.:.'1'1/l"�f ... g• -� �-� !='�i flCIIE.prllJ194� @�1/M-<i" "'""""""""'"""""' �UN!tL - 1G<i<.,ME:f/J.. ClM' ·�-"""-� STA?I 0, ft.ORIDA DIP.IHl'lmn' OJ' 'nWCSl'Olff.l.TION CLEARWATER RESIDENT ENGINEER OFFICE. RENOVATION & ADDITION l"INl::l,L,o.� 1�11"->!>'=' ,�1-I I =-I --I --Offices within: 3204 Gulf to Bay Blvd. Clearwater, FloridaExclusive Use: All of the 2nd Floor containing 2,386 SFEXHIBIT "A" Page 15of 27Sublease No. 4799-01 Page 16 of 27 Sublease No. 4799-01 EXHIBIT "B" Page 17 of 27 Sublease No. 4799-01 Page 18 of 27 Sublease No. 4799-01 Page 19 of 27 Sublease No. 4799-01 Page 20 of 27 Sublease No. 4799-01 Page 21 of 27 Sublease No. 4799-01 Page 22 of 27 Sublease No. 4799-01 Page 23 of 27 Sublease No. 4799-01 Page 24 of 27 Sublease No. 4799-01 Page 25 of 27 Sublease No. 4799-01 Page 26 of 27 Sublease No. 4799-01 Page 27of 27 Sublease No. 4799-01 Sublease 4799-01 Pinellas County, Florida Document Path: W:\Counties\Pinellas\FDOT release of lease 3760\Lease_4799\Lease_4799.mxd"SITE Date Saved: 2/5/2018 2:50:58 PM Subject Parcel City/County Managed Conservation Lands ® 0 200 400100 Feet Subject Parcel File Location: \\FLDEP1\tech_cad\ Map Created By: GW Stelter Data Sources:1) FDOT Survey2) Florida Conservation Lands3) NAVTEQ Roads4) Bing Aerials Cooper's Point Old Tampa Bay THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY. This instrument prepared by: Jay Sircy Department of Environmental Protection Bureau of Public Administration Division of State Lands 3900 Commonwealth Blvd. MS 130 Tallahassee, Florida 32399-3000 AID# 37803 ATL1 [ 2.0 acres +/-] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ___________________________________________ AMENDMENT NUMBER ONE TO LEASE NUMBER 4799 THIS LEASE AMENDMENT is entered into this _____ day of _______________, 20____, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR" and CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, hereinafter referred to as "LESSEE"; WITNESSETH: WHEREAS, LESSOR, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, on August 17, 2016, LESSOR and LESSEE entered into Lease Number 4799 (the “lease”); and WHEREAS, LESSOR and LESSEE desire to amend and restate paragraph four of the lease; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1.Paragraph four of Lease Number 4799 is hereby amended and restated with the following: 4.PURPOSE: LESSEE shall manage the lease premises for the establishment and operation of trail support activities, including but not limited to, a welcome center, parking, and restrooms, and office space for U.S. National Senior Sports Organization, Inc., along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 2.It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of Lease Number 4799, except as amended, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by LESSOR and LESSEE as of the date of this amendment. Page 2 of 4 Amendment Number One to Lease Number 4799 Revised 05/13 3. It is understood and agreed by LESSOR and LESSEE that this Amendment Number One to Lease Number 4799 is hereby binding upon the parties hereto and their successors and assigns. [Remainder of page intentionally left blank; Signature page follows] Page 3 of 4 Amendment Number One to Lease Number 4799 Revised 05/13 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of ____________________________________________ Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20___, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. 3-19-2018 Page 4 of 4 Amendment Number One to Lease Number 4799 Revised 05/13 Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk STATE OF _______________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this day of , 20 , by William B. Horne, II and Rosemarie Call, as City Manager and City Clerk, respectively, for and on behalf of the City of Clearwater, Florida. They are personally known to me. Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. "LESSEE" Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4593 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Increase the Police Department Full Time Equivalents (FTEs) by 11.4; authorize purchase of additional Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $131,420; authorize the retention of six police vehicles from the current fiscal year vehicle replacement list; authorize purchase of law enforcement related equipment associated with the additional FTEs, with an amount not to exceed $114,690; authorize an increase in the Police Department’s operating budget, for the current year’s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $239,820. (consent) SUMMARY: In the wake of the shooting incident, which occurred at Marjory Stoneman Douglas High School on February 14, 2018, the Florida Legislature passed Senate Bill 7026 (the Marjory Stoneman Douglas HS Public Safety Act). The bill was signed by Governor Scott on March 9, 2018. The bill contains several pertinent requirements for law enforcement, which will impact the City of Clearwater and the Clearwater Police Department. Fundamentally, this legislation requires each district school board to partner with law enforcement agencies to “establish or assign one or more safe school officers at each school facility within the district” by implementing a combination of options which best meet the needs of the school district; the definition of school facility includes Charter schools. Those options include mutual aid agreements, implementing a School Marshall Program, or assigning a School Resource Officer (SRO). The Pinellas School District has already determined that the School Marshall Program will not be implemented in Pinellas County and has chosen to expand the use of School Resource Officers throughout Pinellas County. Additional duties impacting law enforcement which are outlined within the legislation include providing general security, site risk assessments, monthly emergency preparedness drills, and threat assessments relating to the campus. This legislation also requires that School Resource Officer(s) are present whenever students are present for school. This will require the assignment of relief personnel, or personnel overtime, to provide a law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons (i.e., required court appearances, making arrests, training, sick leave, etc.). The Clearwater Police Department currently has 3 permanently assigned School Resource Officers. They are assigned to the following schools: ·Oak Grove Middle School ·Countryside High School ·Clearwater High School. Supervision of these officers is currently accomplished through 1 sergeant, who is also assigned other duties unrelated to the School Resource Officer Program. Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4593 Based upon this legislation and related mandates, the Clearwater Police Department plans to implement the below deployment strategy to comply with the statutory requirements: 1.Belleair Elementary (Part-Time Officer) 2.Eisenhower Elementary (Part-Time Officer) 3.Leila Davis Elementary (Part-Time Officer) 4.Sandy Lane Elementary (Part-Time Officer) 5.Skycrest Elementary (Part-Time Officer) 6.Plumb Elementary (Part-Time Officer) 7.Kings Highway Magnet (Part-Time Officer) 8.Plato Clearwater (Part-Time Officer) 9.Clearwater Fundamental (Full-Time Officer) 10.Countryside High School (additional SRO, based upon student population - Full-Time Officer) 11.Clearwater High School (additional SRO, based upon student population - Full-Time Officer) A supervisor will also be necessary to manage these additional positions and responsibilities. This brings the total additional needed personnel to comply with the legislation to 11.4 FTEs. There are two additional schools (Calvin Hunsinger and Clearwater Intermediate) which are within city boundaries. However, the Pinellas County School Board Police Department has agreed to maintain officer(s) at these facilities at the required ratios. Cost and Budgetary Implications: The legislation creates requirements of law enforcement state-wide which are largely unfunded. Currently, the Pinellas County School Board provides a portion of funding of the Police Department’s current School Resource Officers, at a rate of $57,944.64 per officer, for a total of $173,833.92 during the existing school year. The Police Department provides funding for the remainder of the employee salary and benefits through Florida Contraband Forfeiture Funds in the amount of $124,939.00. On April 30, 2018, the Council directed the Police Department to implement a strategy which incorporated a combination of both Full-Time and Part-Time FTEs in response to the Marjory Stoneman Douglas HS Public Safety Act. Subsequent to negotiations, the Pinellas County School Board proposes providing funding for ten additional School Resource Officer positions created as a result of this legislation, at a rate of $58,000 per officer. Funding for one additional school (Plato Academy) may be available through a separate contractual agreement. However, supervisory positions are exempt from reimbursement. There is insufficient funding within the Florida Contraband Forfeiture Fund to provide funding for, or maintain funding for, these additional positions. However, the Police Department plans to continue supplemental funding for the three existing School Resource Officers utilizing Florida Contraband Forfeiture Funds. The cost implications of these additional personnel are outlined below: The unfunded direct personnel costs associated with this deployment allocation is approximately $226,363. Overtime funding is provided to ensure compliance with the requirement of providing a law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons. Furthermore, the Marjory Stoneman Douglas HS Public Safety Act does not provide funding for the costs associated with providing essential law enforcement equipment for these required positions. The Police Department has identified that police related equipment costs, excluding vehicle purchase costs, total approximately $114,690. Combined vehicle and equipment costs are approximately $246,110. Because of these mandates, the Police Department seeks approval for the following: ·Increase the allotted FTEs assigned to the Police Department by 12 positions (8 Part-Time Police Officers / 3 Full-Time Police Officers / 1 Full-Time Police Sergeant), allowing the Police Department to Page 2 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4593 begin hiring and training these personnel immediately. ·Authorize the purchase four additional Police Ford Explorer vehicles in the current fiscal year. (Allen Jay Fleet Sales, Inc., not to exceed $131,420) ·Approve the retention of six police vehicles from the current fiscal year vehicle replacement list and provide funding for vehicle refurbishment. (An additional five police vehicles planned for replacement in fiscal year 2018/19 will also be retained for use in the SRO program). ·Based upon the anticipated need for law enforcement equipment and vehicles throughout the State of Florida (as all law enforcement agencies endeavor to comply with this statute), authorize the immediate purchase of law enforcement equipment directly related to the hiring of the above personnel, with vendors to include, but not limited to, the following at an amount not to exceed $114,690: o Enforcement One, Inc.; o Axon, Inc.; o Florida Bullet, Inc.; o Galls, Inc; o Signal 15, Inc. ·Authorize an increase in the Police Department’s operating budget, to incorporate the personnel costs associated with program implementation and transition, not to exceed $239,820: o Overtime costs for the remainder of the current fiscal year, utilized to ensure adequate staffing during program implementation, are anticipated at: $130,000. o Pro-rated salaries, for the four additional (full-time) positions, are estimated at: $104,660. o It is anticipated the Police Department will be required to increase the number of Field Training Personnel by 5 additional full-time training officers. Based upon existing contracts, these personnel received 5 percent additional pay of their base salary when training. This amount is approximated at: $5,160. APPROPRIATION CODE AND AMOUNT: A third quarter budget will amend Police Department cost center 0101138, School Resource Officers, by expenditures to date, not to exceed $486,000 offset with revenues from General Fund Reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in an amount not to exceed $486,000 for expenditures to date for staffing and costs associated with the increase of SRO’s as required by mandates resulting from the Marjory Stoneman Douglas HS Public Safety Act. Inclusive of this item if approved, a net total of $7,977,630 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $8.8 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $2.3 million, or 1.7% of the current General Fund operating budget. Page 3 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4594 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida, providing for the continuation and expansion of the School Resource Officer Program, for a multi-year period commencing July 1, 2018 through June 30, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the current agreement between the School Board of Pinellas County, Florida, and the City of Clearwater, the Police Department provides law enforcement and related services to three schools (Clearwater High School, Countryside High School, and Oak Grove Middle School) during the school year. The assigned officers provide instruction in law education, conduct criminal and non-criminal investigations, provide security and maintain the peace, make arrests, and provide support services as necessary. The Police Department has maintained a positive working relationship with the School Board; School Resource Officers have been assigned to Clearwater High School since January 1, 1985, Countryside High School since January 1, 1986, and Oak Grove Middle School since August 27, 2007. On April 30, 2018, in response to the Marjory Stoneman Douglas High School Public Safety Act, the Council directed the Police Department to implement a strategy which incorporated a combination of both Full-Time and Part-Time FTEs. This direction required modification of the existing contractual agreement between the School Board of Pinellas County, Florida, and the City of Clearwater. The recent legislation and associated mandates necessitated an increase in the number of School Resource Officers needed to comply with the statute. As a result of this agreement, Clearwater Police Department Officers will now be assigned to the following schools: 1.Belleair Elementary School 2.Clearwater Fundamental School 3.Eisenhower Elementary School 4.Kings Highway Elementary School 5.Leila Davis Elementary School 6.Plumb Elementary School 7.Sandy Lane Elementary School 8.Skycrest Elementary School 9.Oak Grove Middle School 10.Countryside High School (two officers) 11.Clearwater High School (two officers). The Pinellas County School Board will provide funding for thirteen School Resource Officer positions at a rate of $58,000 per officer, for each year of the three-year term. Total Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4594 reimbursement per year equates to $754,000. Though the Police Department plans to continue supplemental funding for the three existing School Resource Officers utilizing Florida Contraband Forfeiture Funds, additional funding for the remaining positions will be identified through the City’s General Fund. Significant additional duties/obligations under the new agreement include: ·The Police Department will be required to have an officer present at each school during regular school hours; ·Assigned SROs shall participate in school-based Threat Assessment Teams; ·Assigned SROs shall participate in site/school risk assessment activities; ·Assigned SROs shall participate in monthly emergency preparedness drills and annual training in conjunction with the School Board. Should the School Board of Pinellas County, Florida, terminate this agreement within the initial two years, the School Board of Pinellas County shall purchase the required capital items (needed to equip the City’s School Resource Officers) at the fair market rate (at the time of contract termination). Page 2 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4550 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Ratify and confirm Change Order 1 to David Nelson Construction Co., of Palm Harbor, Florida, for East Gateway Stormwater and Sanitary Sewer Improvements (13-0043-UT) in the amount of $421,554.60, a time extension of 279 calendar days and authorize the appropriate officials to execute same. SUMMARY: January 17, 2017, City Council awarded a construction contract to David Nelson Construction Co. in the amount of $11,409,143.90 for East Gateway Stormwater and Sanitary Sewer Improvements. The initial contract included milling and resurfacing roads within the perimeter of the project. During milling, it was discovered that a portion of streets in the project area require complete replacement. Also, the scope of roadway work is being expanded to include milling and resurfacing San Juan and Franklin Streets from Hillcrest Avenue to Gulf to Bay Boulevard. With the roadway scope expansion and previous utility delays and conflicts the project schedule requires a 279-day time extension, from 334 days to 613 days, for a new completion date of November 30, 2018. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-92277, Streets and Sidewalks to fund this change order. Changes to the following projects codes will provide funding for the ratify and confirm change order: ENRD180004-CONS-CNSTRC $998,366.60 ENST180009-CONS-CNSTRC (231,633.74) 3217321-563800-96634 (218,424.77) 3217321-563800-96739 (20,345.21) 3827382-563800-96742 (106,408.28) Page 1 City of Clearwater Printed on 5/14/2018 To:City of Clearwater Project: East Gateway Stormwater & Application:13 Distribution to: Engineering - Jennifer Shannon Sanitary Sewer Improvements ___ OWNER Period to:___ ARCHITECT Contract No:13-0043-EN ___ CONTRACTOR Contract Date:1/19/2017 PO Reference No: ST113679 ___ ENGINEER From: David Nelson Construction Co. 3483 Alt 19 Palm Harbor, Fl 34683 Application is made for payment, as shown below, in connection with the Contract. CHANGE ORDER SUMMARY Continuation Sheet is attached. Change Orders approved in ADDITIONS DELETIONS previous months by Owner TOTAL -$ -$ 1 Original Contract Sum 11,409,143.90$ Approved this month 2 Net Change by Change Orders 421,554.60$ 3 Contract Sum to Date (Line 1 + 2)11,830,698.50$ Change Order 1 - City Council 5/17/2018 421,554.60$ 4 Total Completed 6,102,467.27$ 5 Retainage 305,123.35$ TOTALS 421,554.60$ -$ (5% of completed work) Net Change by Change Orders 421,554.60$ 6 Total Earned Less Retainage 5,797,343.92$ (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the 7 Less Previous Certificates for Payment $5,797,343.92 Contractor's knowledge, information and belief, the work covered (Line 6 from prior certificate) by this Application for Payment has been completed in accordance 8 Current Payment Due (Line 6 less line 7)(0.00)$ with the Contract Documents, that all amounts have been paid by 9 Balance to Finish, Plus Retainage 6,033,354.58$ the Contractor for work for which previous Certificates for (Line 3 less line 6) Payment were issued and payments received from the Owner, and that current payment shown herein is now due. David Nelson Constructrion Co. By:Print Name:Date: OWNERS CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED: In accordance with the Contract Documents, based on onside observations (Attach explanation if amount certified differs from that applied for) and the data comprising the above application, the Architect/Engineer certifies to the Owner that to the best of his/her knowledge, information and belief, the Jennifer Shannon, PE, CFM, Project Manager Work has progressed as indicated, that the quality of work is in accordance with said Contract Documents, and the Contractor is entitled to payment of the By: ________________________Date:_________________ AMOUNT CERTIFIED.This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Number Date Approved APPLICATION AND CERTIFICATE FOR PAYMENT 100 S. Myrtle Ave., Suite #220 Clearwater, Florida 33756 CONTRACTOR: (0.00)$ Page 1 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp 100 GENERAL 101a MOBILIZATION LS 1 206,811.54$ 206,811.54$ 200,607.19$ 0.02 4,136.23$ 0.99 204,743.42$ 2,068.12$ 99% 102a MAINTENANCE OF TRAFFIC LS 1 491,127.21$ 491,127.21$ 442,014.49$ 0.05 24,556.36$ 0.95 466,570.85$ 24,556.36$ 95% 103a CLEARING & GRUBBING LS 1 52,204.85$ 52,204.85$ 44,374.13$ 0.05 2,610.24$ 0.90 46,984.37$ 5,220.49$ 90% 104a REMOVAL & REPLACEMENT OF UNSUITABLE MATERIAL (ALLOWANCE) CY 2,511 25.00$ $ 62,776.34 31,050.00$ 468.00 $ 11,700.00 1710.00 $ 42,750.00 $ 20,026.34 68% 105a EROSION & SEDIMENTATION CONTROL INCL. SILT FENCE & INLET PROTECTION LS 1 42,165.46$ $ 42,165.46 35,840.64$ 0.05 $ 2,108.27 0.90 $ 37,948.91 $ 4,216.55 90% 106a FLOATING TURBIDITY BARRIER LS 1 3,011.82$ 3,011.82$ 3,011.82$ -$ 1.00 3,011.82$ -$ 100% 107a TREE BARRICADES LS 1 12,047.27$ 12,047.27$ 10,240.18$ 0.05 602.36$ 0.90 10,842.55$ 1,204.73$ 90% 108a ROOT PRUNING LS 1 8,031.52$ 8,031.52$ 6,826.79$ 0.05 401.58$ 0.90 7,228.36$ 803.15$ 90% 109a TREE REMOVAL (ALLOWANCE); 4"< DIA. ≤ 12"EA 1 120.47$ 120.47$ 120.47$ -$ 1.00 120.47$ -$ 100% 110a TREE REMOVAL (ALLOWANCE); 12" < DIA. ≤ 24"EA 2 1,000.00$ 2,000.00$ 2,000.00$ -$ 2.00 2,000.00$ -$ 100% 111a TREE REMOVAL (ALLOWANCE); 24" < DIA. ≤ 40"EA 1 4,000.00$ 4,000.00$ 4,000.00$ -$ 1.00 4,000.00$ -$ 100% 112a PALM TREE REMOVAL (ALLOWANCE)EA 2 250.00$ 500.00$ -$ 2.00 500.00$ 2.00 500.00$ -$ 100% 113a 14" ROADWAY BASE SY 14,995 36.00$ 355,968.04$ 205,095.51$ 1579.09 56,847.28$ 7276.19 261,942.80$ 94,025.25$ 49% 114a CONST MODIFIED CURB (CITY INDEX NO. 101)LF 5,385 22.00$ 118,472.89$ 15,510.00$ 581.00 12,782.00$ 1286.00 28,292.00$ 90,180.89$ 24% 115a CONST STRAIGHT CURB (CITY INDEX NO. 101)LF 185 22.00$ 4,063.95$ -$ -$ -$ 4,063.95$ 116a CONST TYPE 1 CURB (CITY INDEX NO. 101)LF 2,574 24.00$ 61,778.42$ 26,112.00$ 860.00 20,640.00$ 1948.00 46,752.00$ 15,026.42$ 76% 117a CONST VALLEY CURB (CITY INDEX NO. 101)LF 3,751 22.00$ 82,515.80$ 82,500.00$ -$ 3750.00 82,500.00$ 15.80$ 100% 118a 4" CONCRETE SIDEWALK (INCLUDES CURB RAMPS)SF 2,007.8790 10.00$ 20,078.79$ 20,078.79$ -$ 2007.88 20,078.79$ 0.00$ 100% 119a DETECTABLE WARNING STRIP EA 0.80 350.00$ 281.10$ -$ -$ -$ 281.10$ 120a CONCRETE DRIVEWAY RESTORATION SY 723 65.00$ 46,984.37$ 34,742.50$ 187.50 12,187.50$ 722.00 46,930.00$ 54.37$ 100% 121a ASPHALT DRIVEWAY RESTORATION SY 643 45.00$ 28,913.46$ 18,769.95$ -$ 417.11 18,769.95$ 10,143.51$ 65% 122a SODDING LS 1 20,078.79$ 20,078.79$ 6,023.64$ 0.10 2,007.88$ 0.40 8,031.52$ 12,047.27$ 40% Subtotal General 1,623,932.10$ 1,188,918.11$ 151,079.71$ 1,339,997.81$ 283,934.28$ 74% 200 STORMWATER 201 F&I 10" PVC SDR35 LF 12 57.00$ 684.00$ -$ -$ -$ 684.00$ 202 F&I 12" CMP LF 15 67.00$ 1,005.00$ -$ -$ -$ 1,005.00$ 203 F&I 12" PVC LF 10 60.00$ 600.00$ 600.00$ -$ 10.00 600.00$ -$ 100% 204 F&I 15" RCP CL3 LF 3,800 42.00$ 159,600.00$ 64,764.00$ 81.00 3,402.00$ 1623.00 68,166.00$ 91,434.00$ 43% 205 F&I 18" RCP CL3 LF 1,000 46.00$ 46,000.00$ 13,064.00$ 53.00 2,438.00$ 337.00 15,502.00$ 30,498.00$ 34% 206 F&I 24" RCP CL3 LF 3,600 60.00$ 216,000.00$ 129,840.00$ 271.00 16,260.00$ 2435.00 146,100.00$ 69,900.00$ 68% 207 F&I 30" RCP CL3 LF 1,500 88.00$ 132,000.00$ 39,160.00$ 375.00 33,000.00$ 820.00 72,160.00$ 59,840.00$ 55% 208 F&I 36" RCP CL3 LF 1,000 118.00$ 118,000.00$ 33,394.00$ 207.00 24,426.00$ 490.00 57,820.00$ 60,180.00$ 49% 209 F&I 38" x 24" ERCP LF 80 100.00$ 8,000.00$ 6,400.00$ -$ 64.00 6,400.00$ 1,600.00$ 80% 210 F&I 42" DIA MH (FDOT 200)EA 9 2,500.00$ 22,500.00$ 10,000.00$ -$ 4.00 10,000.00$ 12,500.00$ 44% 211 F&I 48" DIA MH (FDOT 200)EA 13 2,500.00$ 32,500.00$ 20,000.00$ 1.00 2,500.00$ 9.00 22,500.00$ 10,000.00$ 69% 212 F&I 48"x48" JUNCTION BOX (FDOT 200)EA 4 3,800.00$ 15,200.00$ 3,800.00$ 2.00 7,600.00$ 3.00 11,400.00$ 3,800.00$ 75% 213 F&I 60" DIA MH (FDOT 200)EA 21 4,100.00$ 86,100.00$ 32,800.00$ 3.00 12,300.00$ 11.00 45,100.00$ 41,000.00$ 52% 214 F&I 60"x60" JUNCTION BOX (FDOT 200)EA 1 3,850.00$ 3,850.00$ -$ 1.00 3,850.00$ 1.00 3,850.00$ -$ 100% 215 F&I 72" DIA MH (FDOT 200)EA 6 4,550.00$ 27,300.00$ 9,100.00$ 2.00 9,100.00$ 4.00 18,200.00$ 9,100.00$ 67% 216 F&I FDOT 221 TYPE V EA 11 3,500.00$ 38,500.00$ 3,500.00$ 1.00 3,500.00$ 2.00 7,000.00$ 31,500.00$ 18% 217 F&I FDOT 232 TYPE E (MODIFIED) (FDOT 200 ALT A, 72" DIA)EA 2 5,300.00$ 10,600.00$ 10,600.00$ -$ 2.00 10,600.00$ -$ 100% 218 F&I WING INLET - LT (TYPE I CURB)EA 1 4,000.00$ 4,000.00$ 4,000.00$ -$ 1.00 4,000.00$ -$ 100% 219 F&I WING INLET - RT (TYPE I CURB)EA 3 4,000.00$ 12,000.00$ 8,000.00$ 1.00 4,000.00$ 3.00 12,000.00$ -$ 100% 220 F&I WING INLET - DBL (VALLEY CURB)EA 3 4,000.00$ 12,000.00$ 8,000.00$ -$ 2.00 8,000.00$ 4,000.00$ 67% 221 F&I WING INLET - DBL (FDOT 200 ALT A, 48" DIA TYPE P) (VALLEY CURB) EA 2 4,100.00$ $ 8,200.00 -$ $ - $ - $ 8,200.00 222 F&I WING INLET - DBL (FDOT 200 ALT A, 72" DIA TYPE J) (VALLEY CURB) EA 1 6,000.00$ $ 6,000.00 6,000.00$ $ - 1.00 $ 6,000.00 $ - 100% 223 F&I WING INLET - LT (VALLEY CURB)EA 32 4,000.00$ 128,000.00$ 56,000.00$ 2.00 8,000.00$ 16.00 64,000.00$ 64,000.00$ 50% 224 F&I WING INLET - LT (FDOT 200 ALT A, 48" DIA TYPE P) (VALLEY CURB) EA 1 4,000.00$ $ 4,000.00 -$ $ - $ - $ 4,000.00 225 F&I WING INLET - LT (FDOT 200 ALT A, 60" DIA TYPE J) (VALLEY CURB) EA 1 5,300.00$ $ 5,300.00 5,300.00$ $ - 1.00 $ 5,300.00 $ - 100% 226 F&I WING INLET - RT (VALLEY CURB)EA 33 4,000.00$ 132,000.00$ 64,000.00$ -$ 16.00 64,000.00$ 68,000.00$ 48% EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) STORMWATER 2 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 227 F&I WING INLET - RT (FDOT 200 ALT A, 48" DIA TYPE P) (VALLEY CURB) EA 4 4,000.00$ $ 16,000.00 8,000.00$ $ - 2.00 $ 8,000.00 $ 8,000.00 50% 228 F&I WING INLET - RT (FDOT 200 ALT A, 60" DIA TYPE J) (VALLEY CURB) EA 1 5,300.00$ $ 5,300.00 5,300.00$ $ - 1.00 $ 5,300.00 $ - 100% 229 F&I WING INLET - RT (FDOT 200 ALT A, 72" DIA TYPE J) (VALLEY CURB) EA 1 5,900.00$ $ 5,900.00 -$ $ - $ - $ 5,900.00 230 F&I WING INLET - RT (FDOT 200 ALT B, 42"x42" TYPE P) (VALLEY CURB) EA 2 4,200.00$ $ 8,400.00 4,200.00$ $ - 1.00 $ 4,200.00 $ 4,200.00 50% 231 F&I WING INLET - RT (FDOT 200 ALT B, 48"x48" TYPE P) (VALLEY CURB) EA 1 4,300.00$ $ 4,300.00 4,300.00$ $ - 1.00 $ 4,300.00 $ - 100% 232 F&I TYPE F WING INLET - LT EA 1 4,000.00$ 4,000.00$ -$ -$ -$ 4,000.00$ 233 F&I TYPE F WING INLET - DBL EA 1 4,000.00$ 4,000.00$ -$ -$ -$ 4,000.00$ 234 F&I WING INLET - LT (5'-4" DBL BOX) (VALLEY CURB)EA 1 5,900.00$ 5,900.00$ 5,900.00$ -$ 1.00 5,900.00$ -$ 100% 235 F&I WING INLET - RT (5'-4" DBL BOX) (VALLEY CURB)EA 1 5,900.00$ 5,900.00$ 5,900.00$ -$ 1.00 5,900.00$ -$ 100% 236 F&I U-TYPE ENDWALL (FDOT 264)EA 1 11,000.00$ 11,000.00$ 11,000.00$ -$ 1.00 11,000.00$ -$ 100% 237 F&I BAFFLE BOX (SUNTREE NSBB-5-10.5-101)EA 1 68,000.00$ 68,000.00$ 68,000.00$ -$ 1.00 68,000.00$ -$ 100% 238 F&I BAFFLE BOX (SUNTREE NSBB-6-12-87)EA 1 86,000.00$ 86,000.00$ 86,000.00$ -$ 1.00 86,000.00$ -$ 100% 239 F&I BAFFLE BOX (SUNTREE NSBB-6-12-89)EA 1 82,000.00$ 82,000.00$ 82,000.00$ -$ 1.00 82,000.00$ -$ 100% 240 F&I BAFFLE BOX (SUNTREE NSBB-6-12-92)EA 1 95,000.00$ 95,000.00$ 95,000.00$ -$ 1.00 95,000.00$ -$ 100% 241 F&I BAFFLE BOX (SUNTREE NSBB-8-14-97)EA 1 110,000.00$ 110,000.00$ -$ -$ -$ 110,000.00$ 242 CONNECT PROPOSED STORM TO EXISTING (ALLOWANCE)EA 30 650.00$ 19,500.00$ 4,550.00$ -$ 7.00 4,550.00$ 14,950.00$ 23% 243 CUT OUTFALLS INTO CONC. EMBANKMENTS, CONNECT PIPE, & REPAIR OPENINGS LS 1 20,000.00$ $ 20,000.00 20,000.00$ $ - 1.00 $ 20,000.00 $ - 100% 244 DEMO & DISPOSE EXISTING STORM PIPE: DIA ≤12"LF 3,421 15.00$ 51,315.00$ 6,435.00$ -$ 429.00 6,435.00$ 44,880.00$ 13% 245 DEMO & DISPOSE EXISTING STORM PIPE: 12"<DIA ≤18"LF 4,082 18.00$ 73,476.00$ 47,934.00$ -$ 2663.00 47,934.00$ 25,542.00$ 65% 246 DEMO & DISPOSE EXISTING STORM PIPE: 18"<DIA ≤30"LF 553 24.00$ 13,272.00$ 576.00$ -$ 24.00 576.00$ 12,696.00$ 4% 247 DEMO & DISPOSE EXISTING STORM STRUCTURES EA 90 300.00$ 27,000.00$ 10,200.00$ -$ 34.00 10,200.00$ 16,800.00$ 38% 248 FLOWABLE FILL (ABANDONED FEATURES)CY 30 320.00$ 9,600.00$ -$ -$ -$ 9,600.00$ 249 DRAINAGE DIVERSION, TEMPORARY LS 1 30,000.00$ 30,000.00$ 27,000.00$ -$ 0.90 27,000.00$ 3,000.00$ 90% Subtotal Stormwater 1,985,802.00$ 1,020,617.00$ 130,376.00$ 1,150,993.00$ 834,809.00$ 58% 600 SURFACE RESTORATION 601a 2" ASPHALTIC CONCRETE STRUCTURAL COURSE TYPE SP- 9.5 TN 2,329 118.00$ $ 274,838.48 190,934.62$ -$ 1618.09 190,934.62$ 83,903.86$ 69% 602a MILLING EXIST ASPH PAVT, 2" AVG DEPTH LS 1 68,267.89$ $ 20,480.37 12,288.22$ -$ 0.18 12,288.22$ 8,192.15$ 18% 603a RESTORATION OF IRRIGATION SYSTEMS (WITHIN RIGHT-OF- WAY) (ALLOWANCE) LS 1 4,818.91$ $ 4,818.91 3,614.18$ $ - 0.75 $ 3,614.18 $ 1,204.73 75% 604a RESTORATION OF FDOT RIGHT-OF-WAY @ HILLCREST & COURT (MEETING FDOT STANDARDS) LS 1 20,078.79$ $ 20,078.79 -$ -$ -$ 20,078.79$ Subtotal Surface Restoration 320,216.55$ 206,837.02$ -$ 206,837.02$ 113,379.53$ 56% Stormwater Subtotal 3,929,950.65$ 2,416,372.13$ 281,455.71$ 2,697,827.84$ 1,232,122.81$ 65% 250 Stormwater Contingency 10%LS 1 $ 416,158.44 416,158.44$ 71,013.21$ -$ 71,013.21$ 345,145.23$ 17% Total Stormwater 4,346,109.09$ 2,487,385.34$ 281,455.71$ 2,768,841.05$ 1,577,268.04$ 60% UTILITIES POTABLE WATER 100 GENERAL 101b MOBILIZATION LS 1 95,005.43$ $ 95,005.43 94,055.37$ $ - 0.99 $ 94,055.37 $ 950.05 99% 102b MAINTENANCE OF TRAFFIC LS 1 225,614.83$ $ 225,614.83 214,334.09$ $ - 0.95 $ 214,334.09 $ 11,280.74 95% 103b CLEARING & GRUBBING LS 1 23,981.95$ $ 23,981.95 21,583.76$ $ - 0.90 $ 21,583.76 $ 2,398.20 90% 104b REMOVAL & REPLACEMENT OF UNSUITABLE MATERIAL CY 1,154 25.00$ $ 28,838.30 -$ $ - $ - $ 28,838.30 105b EROSION & SEDIMENTATION CONTROL INCL. SILT FENCE & INLET PROTECTION LS 1 19,370.04$ $ 19,370.04 17,433.03$ $ - 0.90 $ 17,433.03 $ 1,937.00 90% 106b FLOATING TURBIDITY BARRIER LS 1 1,383.57$ $ 1,383.57 1,383.57$ $ - 1.00 $ 1,383.57 $ - 100% 107b TREE BARRICADES LS 1 5,534.30$ $ 5,534.30 4,980.87$ $ - 0.90 $ 4,980.87 $ 553.43 90% 108b ROOT PRUNING LS 1 3,689.53$ $ 3,689.53 3,320.58$ $ - 0.90 $ 3,320.58 $ 368.95 90% 109b TREE REMOVAL (ALLOWANCE); 4"< DIA. ≤ 12"EA 1 55.34$ $ 55.34 55.34$ $ - 1.00 $ 55.34 $ - 100% 110b TREE REMOVAL (ALLOWANCE); 12" < DIA. ≤ 24"EA 2 1,000.00$ $ 2,000.00 2,000.00$ $ - 2.00 $ 2,000.00 $ - 100% 111b TREE REMOVAL (ALLOWANCE); 24" < DIA. ≤ 40"EA 1 4,000.00$ $ 4,000.00 -$ $ - $ - $ 4,000.00 112b PALM TREE REMOVAL (ALLOWANCE)EA 2 250.00$ $ 500.00 -$ $ - $ - $ 500.00 113b 14" ROADWAY BASE SY 6888.354625 36.00$ $ 163,525.20 120,339.75$ $ - 3342.77 $ 120,339.75 $ 43,185.45 49% 3 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 114b CONST MODIFIED CURB (CITY INDEX NO. 101)LF 2,474 22.00$ $ 54,424.27 -$ $ - $ - $ 54,424.27 115b CONST STRAIGHT CURB (CITY INDEX NO. 101)LF 85 22.00$ $ 1,866.90 -$ $ - $ - $ 1,866.90 116b CONST TYPE 1 CURB (CITY INDEX NO. 101)LF 1,182 24.00$ $ 28,379.87 -$ $ - $ - $ 28,379.87 117b CONST VALLEY CURB (CITY INDEX NO. 101)LF 1,723 22.00$ $ 37,906.24 37,906.00$ $ - 1723.00 $ 37,906.00 $ 0.24 100% 118b 4" CONCRETE SIDEWALK (INCLUDES CURB RAMPS)SF 922 10.00$ $ 9,223.83 9,220.00$ $ - 922.00 $ 9,220.00 $ 3.83 100% 119b DETECTABLE WARNING STRIP EA 0.37 350.00$ $ 129.13 -$ $ - $ - $ 129.13 120b CONCRETE DRIVEWAY RESTORATION SY 332 65.00$ $ 21,583.76 97.50$ $ - 1.50 $ 97.50 $ 21,486.26 0% 121b ASPHALT DRIVEWAY RESTORATION SY 295 45.00$ $ 13,282.31 -$ $ - $ - $ 13,282.31 122b SODDING LS 1 9,223.83$ $ 9,223.83 3,689.53$ $ - 0.40 $ 3,689.53 $ 5,534.30 40% Subtotal General $ 749,518.64 $ 530,399.39 $ - $ 530,399.39 $ 219,119.24 64% 300 POTABLE WATER 301 F&I 6" DIP WM, RJ; INCLUDING POLY WRAP, FITTINGS, & BENDS LF 300 45.00$ $ 13,500.00 13,500.00$ $ - 300.00 $ 13,500.00 $ - 100% 302 F&I 16" DIP WM, RJ; INCLUDING POLY WRAP, FITTINGS, COUPLES & BENDS LF 40 150.00$ $ 6,000.00 -$ $ - $ - $ 6,000.00 303 F&I 20" DIP WM, RJ; INCLUDING POLY WRAP, FITTINGS, COUPLES & BENDS LF 1,500 125.00$ $ 187,500.00 175,625.00$ $ - 1405.00 $ 175,625.00 $ 11,875.00 94% 304 F&I 16" RESTRAINTS; EXISTING PIPE ONLY LF 250 63.00$ $ 15,750.00 -$ $ - $ - $ 15,750.00 305 F&I 20" RESTRAINTS; EXISTING PIPE ONLY LF 300 85.00$ $ 25,500.00 -$ $ - $ - $ 25,500.00 306 F&I 4" WM OFFSET/DEFLECTION (INCLUDES EXCAVATION, BACKFILL, LINE STOPS, PIPE, POLY WRAP, RESTRAINTS, INSTALLATION, FITTINGS, RESTRAINT OF EXISTING PIPE) EA 2 8,000.00$ $ 16,000.00 -$ $ - $ - $ 16,000.00 307 F&I 6" WM OFFSET/DEFLECTION (INCLUDES EXCAVATION, BACKFILL, LINE STOPS, PIPE, POLY WRAP, RESTRAINTS, INSTALLATION, FITTINGS, RESTRAINT OF EXISTING PIPE) EA 18 15,000.00$ $ 270,000.00 30,000.00$ $ - 2.00 $ 30,000.00 $ 240,000.00 11% 308 F&I 6" GV W/ BOX (CITY 402) (ALLOWANCE) (AS DIRECTED BY CITY) EA 9 1,500.00$ $ 13,500.00 9,000.00$ $ - 6.00 $ 9,000.00 $ 4,500.00 67% 309 F&I 8" GV W/ BOX (CITY 402) (ALLOWANCE) (AS DIRECTED BY CITY) EA 2 1,900.00$ $ 3,800.00 -$ $ - $ - $ 3,800.00 310 F&I 12" GV W/ BOX (CITY 402) (ALLOWANCE) (AS DIRECTED BY CITY) EA 2 2,750.00$ $ 5,500.00 -$ $ - $ - $ 5,500.00 311 F&I 20" GV w/ BOX (CITY 402)EA 3 15,000.00$ $ 45,000.00 30,000.00$ $ - 2.00 $ 30,000.00 $ 15,000.00 67% 312 F&I TEMP 6" BLOW-OFF AND SAMPLE TAP; INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL LS 1 5,000.00$ $ 5,000.00 -$ $ - $ - $ 5,000.00 313 F&I TEMP 8" DIP WM, RJ (SUPPLY); INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL LS 1 8,000.00$ $ 8,000.00 8,000.00$ $ - 1.00 $ 8,000.00 $ - 100% 314 F&I 16" LINE STOP (ALLOWANCE)EA 1 15,000.00$ $ 15,000.00 -$ $ - $ - $ 15,000.00 315 F&I 20" LINE STOP EA 2 22,000.00$ $ 44,000.00 44,000.00$ $ - 2.00 $ 44,000.00 $ - 100% 316 F&I 2" AIR VALVE (VAL-MATIC VMC-38VC), INCLUDING APPURTENANCES, FITTINGS, BENDS, & CONC. PAD. EA 2 5,750.00$ $ 11,500.00 11,500.00$ $ - 2.00 $ 11,500.00 $ - 100% 317 F&I 5 ¼” HYDRANT (CITY 402)EA 2 4,100.00$ $ 8,200.00 4,100.00$ $ - 1.00 $ 4,100.00 $ 4,100.00 50% 318 F&I BLOW OFF (CITY 404)EA 1 2,100.00$ $ 2,100.00 2,100.00$ $ - 1.00 $ 2,100.00 $ - 100% 319 F&I TEMP B.O. / S. TAP (CITY 408); INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL EA 3 1,250.00$ $ 3,750.00 3,750.00$ $ - 3.00 $ 3,750.00 $ - 100% 320 F&I TEMP CL₂ TAP (CITY 408); INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL EA 3 450.00$ $ 1,350.00 900.00$ $ - 2.00 $ 900.00 $ 450.00 67% 321 DEMO & DISPOSE EXISTING WM; OTHER THAN A-C WM LF 748 12.00$ $ 8,976.00 8,964.00$ $ - 747.00 $ 8,964.00 $ 12.00 100% 322 DEMO & DISPOSE EXISTING 20" A-C WM (INCLUDES FDEP ASBESTOS REMOVAL PERMIT) LF 845 37.00$ $ 31,265.00 31,080.00$ $ - 840.00 $ 31,080.00 $ 185.00 99% 323 REMOVE & REPLACE POTABLE WATER SERVICE CONNECTION (ALLOWANCE) EA 244 550.00$ $ 134,200.00 7,700.00$ $ - 14.00 $ 7,700.00 $ 126,500.00 6% 324 RELOCATE EXISTING METER (ALLOWANCE) (BY CITY ONLY) EA 30 275.00$ $ 8,250.00 -$ $ - $ - $ 8,250.00 325 FLOWABLE FILL (ABANDONED FEATURES)CY 80 270.00$ $ 21,600.00 -$ $ - $ - $ 21,600.00 326 CONST. THRUST COLLAR LS 1 7,000.00$ $ 7,000.00 7,000.00$ $ - 1.00 $ 7,000.00 -$ 100% Subtotal Potable Water 912,241.00$ 387,219.00$ -$ $ 387,219.00 525,022.00$ 42% 600 SURFACE RESTORATION 4 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 601b 2" ASPHALTIC CONCRETE STRUCTURAL COURSE TYPE SP- 9.5 TN 1,070 118.00$ $ 126,255.76 -$ $ - $ - $ 126,255.76 602b MILLING EXIST ASPH PAVT, 2" AVG DEPTH LS 1 31,361.01$ $ 9,408.30 -$ $ - $ - $ 9,408.30 603b RESTORATION OF IRRIGATION SYSTEMS (WITHIN RIGHT-OF- WAY) (ALLOWANCE) LS 1 2,213.72$ $ 2,213.72 1,660.29$ $ - 0.75 $ 1,660.29 $ 553.43 75% 604b RESTORATION OF FDOT RIGHT-OF-WAY @ HILLCREST & COURT (MEETING FDOT STANDARDS) LS 1 9,223.83$ $ 9,223.83 -$ -$ -$ 9,223.83$ Subtotal Surface Restoration 147,101.61$ 1,660.29$ -$ 1,660.29$ 145,441.32$ 1% Potable Water Subtotal 1,808,861.24$ 919,278.68$ -$ 919,278.68$ 889,582.56$ 48% 327 Potable Water Contingency 10%LS 1 $ 191,526.95 191,526.95$ 101,970.62$ -$ 101,970.62$ 89,556.33$ 53% Total Potable Water 2,000,388.20$ 1,021,249.30$ -$ 1,021,249.30$ 979,138.89$ 48% SANITARY SEWER 100 GENERAL 101c MOBILIZATION LS 1 195,018.05$ $ 195,018.05 193,067.86$ $ - 0.99 $ 193,067.86 $ 1,950.18 99% 102c MAINTENANCE OF TRAFFIC LS 1 463,120.52$ $ 463,120.52 439,964.50$ $ - 0.95 $ 439,964.50 $ 23,156.03 95% 103c CLEARING & GRUBBING LS 1 49,227.86$ $ 49,227.86 44,305.07$ $ - 0.90 $ 44,305.07 $ 4,922.79 90% 104c REMOVAL & REPLACEMENT OF UNSUITABLE MATERIAL (ALLOWANCE) CY 2,368 25.00$ $ 59,196.50 -$ $ - $ - $ 59,196.50 105c EROSION & SEDIMENTATION CONTROL INCL. SILT FENCE & INLET PROTECTION LS 1 39,760.96$ $ 39,760.96 35,784.86$ $ - 0.90 $ 35,784.86 $ 3,976.10 90% 106c FLOATING TURBIDITY BARRIER LS 1 2,840.07$ $ 2,840.07 2,840.07$ $ - 1.00 $ 2,840.07 $ - 100% 107c TREE BARRICADES LS 1 11,360.27$ $ 11,360.27 10,224.25$ $ - 0.90 $ 10,224.25 $ 1,136.03 90% 108c ROOT PRUNING LS 1 7,573.52$ $ 7,573.52 6,816.16$ $ - 0.90 $ 6,816.16 $ 757.35 90% 109c TREE REMOVAL (ALLOWANCE); 4"< DIA. ≤ 12"EA 1 113.60$ $ 113.60 113.60$ $ - 1.00 $ 113.60 $ - 100% 110c TREE REMOVAL (ALLOWANCE); 12" < DIA. ≤ 24"EA 2 1,000.00$ $ 2,000.00 -$ $ - $ - $ 2,000.00 111c TREE REMOVAL (ALLOWANCE); 24" < DIA. ≤ 40"EA 1 4,000.00$ $ 4,000.00 -$ $ - $ - $ 4,000.00 112c PALM TREE REMOVAL (ALLOWANCE)EA 2 250.00$ $ 500.00 -$ $ - $ - $ 500.00 113c 14" ROADWAY BASE SY 14,140 36.00$ $ 335,668.83 247,006.32$ $ - 6861.29 $ 247,006.32 $ 88,662.52 49% 114c CONST MODIFIED CURB (CITY INDEX NO. 101)LF 5,078 22.00$ $ 111,716.94 -$ $ - $ - $ 111,716.94 115c CONST STRAIGHT CURB (CITY INDEX NO. 101)LF 174 22.00$ $ 3,832.20 -$ $ - $ - $ 3,832.20 116c CONST TYPE 1 CURB (CITY INDEX NO. 101)LF 2,427 24.00$ $ 58,255.49 -$ $ - $ - $ 58,255.49 117c CONST VALLEY CURB (CITY INDEX NO. 101)LF 3,537 22.00$ $ 77,810.31 50,116.00$ $ - 2278.00 $ 50,116.00 $ 27,694.31 64% 118c 4" CONCRETE SIDEWALK (INCLUDES CURB RAMPS)SF 1,893 10.00$ $ 18,933.79 18,930.00$ $ - 1893.00 $ 18,930.00 $ 3.79 100% 119c DETECTABLE WARNING STRIP EA 0.76 350.00$ $ 265.07 -$ $ - $ - $ 265.07 120c CONCRETE DRIVEWAY RESTORATION SY 682 65.00$ $ 44,305.07 -$ $ - $ - $ 44,305.07 121c ASPHALT DRIVEWAY RESTORATION SY 606 45.00$ $ 27,264.66 -$ $ - $ - $ 27,264.66 122c SODDING LS 1 18,933.79$ $ 18,933.79 7,573.52$ $ - 0.40 $ 7,573.52 $ 11,360.27 40% Subtotal General 1,531,697.50$ 1,056,742.21$ -$ 1,056,742.21$ 474,955.28$ 62% 400 SANITARY SEWER 401 F&I 8" PVC SDR 35 LF 11,631 45.00$ $523,395.00 216,360.00$ $ - 4808.00 $ 216,360.00 $ 307,035.00 41% 402 F&I 8" PVC SDR 26 LF 980 56.00$ $54,880.00 54,880.00$ $ - 980.00 $ 54,880.00 $ - 100% 403 F&I 48" DIA MH EA 67 4,200.00$ $281,400.00 142,800.00$ $ - 34.00 $ 142,800.00 $ 138,600.00 51% 404 F&I 48" DIA MH w/ OUTSIDE DROP EA 5 7,000.00$ $35,000.00 35,000.00$ $ - 5.00 $ 35,000.00 $ - 100% 405 DEMO & DISPOSE EXISTING SANITARY PIPE LF 12,611 26.00$ $327,886.00 91,520.00$ $ - 3520.00 $ 91,520.00 $ 236,366.00 28% 406 DEMO & DISPOSE EXISTING SANITARY STRUCTURES EA 57 650.00$ $37,050.00 16,250.00$ -$ 25.00 16,250.00$ 20,800.00$ 44% 407 FLOWABLE FILL FOR ABANDONED SANITARY SEWER PIPES CY 25 300.00$ $7,500.00 -$ -$ -$ 7,500.00$ 408 SANITARY SEWER BYPASS LS 1 300,000.00$ $300,000.00 240,000.00$ -$ 0.80 240,000.00$ 60,000.00$ 80% 409 REMOVE & REPLACE SANITARY LATERALS (CITY 305)EA 50 1,100.00$ $55,000.00 55,000.00$ -$ 50.00 55,000.00$ -$ 100% 410 REMOVE & REPLACE SANITARY LATERALS (CITY 305) (ALLOWANCE)EA 190 1,000.00$ $190,000.00 103,000.00$ -$ 103.00 103,000.00$ 87,000.00$ 54% 411 CONFLICT STRUCTURE (ALLOWANCE)EA 7 5,000.00$ $35,000.00 -$ -$ -$ 35,000.00$ 412 MODIFY EXISTING MANHOLE (ALLOWANCE)EA 5 1,250.00$ $6,250.00 -$ -$ -$ 6,250.00$ 413 MODIFY EXISTING MANHOLE INCLUDING OUTSIDE DROP (ALLOWANCE)EA 3 1,400.00$ $4,200.00 2,800.00$ -$ 2.00 2,800.00$ 1,400.00$ 67% 414 CONC. ENCASE EX. 24" PVC (AS DIRECTED BY CITY)LF 50 300.00$ 15,000.00$ 9,000.00$ -$ 30.00 9,000.00$ 6,000.00$ 60% Subtotal Sanitary Sewer 1,872,561.00$ 966,610.00$ -$ 966,610.00$ 905,951.00$ 52% 600 SURFACE RESTORATION 5 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 601c 2" ASPHALTIC CONCRETE STRUCTURAL COURSE TYPE SP- 9.5 TN 2,196 118.00$ 259,165.73$ -$ -$ -$ 259,165.73$ 602c MILLING EXIST ASPH PAVT, 2" AVG DEPTH LS 1 64,374.89$ 19,312.47$ -$ -$ -$ 19,312.47$ 603c RESTORATION OF IRRIGATION SYSTEMS (WITHIN RIGHT-OF- WAY) (ALLOWANCE) LS 1 4,544.11$ $ 4,544.11 3,408.08$ $ - 0.75 $ 3,408.08 $ 1,136.03 75% 604c RESTORATION OF FDOT RIGHT-OF-WAY @ HILLCREST & COURT (MEETING FDOT STANDARDS) LS 1 18,933.79$ 18,933.79$ -$ -$ -$ 18,933.79$ Subtotal Surface Restoration 301,956.10$ 3,408.08$ -$ 3,408.08$ 298,548.01$ 1% Sanitary Sewer Subtotal 3,706,214.59$ 2,026,760.30$ -$ 2,026,760.30$ 1,679,454.30$ 52% 415 Sanitary Sewer Contingency 10%LS 1 $ 392,463.94 392,463.94$ 121,696.31$ -$ 121,696.31$ 270,767.63$ 31% Total Sanitary Sewer 4,098,678.53$ 2,148,456.61$ -$ 2,148,456.61$ 1,950,221.92$ 50% RECLAIMED WATER 100 GENERAL 101d MOBILIZATION LS 1 18,164.99$ 18,164.99$ 17,983.34$ -$ 0.99 17,983.34$ 181.65$ 99% 102d MAINTENANCE OF TRAFFIC LS 1 43,137.44$ 43,137.44$ 40,980.56$ -$ 0.95 40,980.56$ 2,156.87$ 95% 103d CLEARING & GRUBBING LS 1 4,585.34$ 4,585.34$ 4,126.80$ -$ 0.90 4,126.80$ 458.53$ 90% 104d REMOVAL & REPLACEMENT OF UNSUITABLE MATERIAL (ALLOWANCE) CY 221 25.00$ $ 5,513.87 -$ $ - $ - $ 5,513.87 105d EROSION & SEDIMENTATION CONTROL INCL. SILT FENCE & INLET PROTECTION LS 1 3,703.54$ $ 3,703.54 3,333.19$ $ - 0.90 $ 3,333.19 $ 370.35 90% 106d FLOATING TURBIDITY BARRIER LS 1 264.54$ 264.54$ 264.54$ -$ 1.00 264.54$ -$ 100% 107d TREE BARRICADES LS 1 1,058.15$ 1,058.15$ 952.34$ -$ 0.90 952.34$ 105.82$ 90% 108d ROOT PRUNING LS 1 705.44$ 705.44$ 634.89$ -$ 0.90 634.89$ 70.54$ 90% 109d TREE REMOVAL (ALLOWANCE); 4"< DIA. ≤ 12"EA 1 10.58$ 10.58$ 10.58$ -$ 1.00 10.58$ -$ 100% 110d TREE REMOVAL (ALLOWANCE); 12" < DIA. ≤ 24"EA 1 1,000.00$ 1,000.00$ -$ -$ -$ 1,000.00$ 111d TREE REMOVAL (ALLOWANCE); 24" < DIA. ≤ 40"EA 1 4,000.00$ 4,000.00$ -$ -$ -$ 4,000.00$ 112d PALM TREE REMOVAL (ALLOWANCE)EA 2 250.00$ 500.00$ -$ -$ -$ 500.00$ 113d 14" ROADWAY BASE SY 1,317 36.00$ 31,265.93$ 22,959.13$ -$ 637.75 22,959.13$ 8,306.80$ 48% 114d CONST MODIFIED CURB (CITY INDEX NO. 101)LF 473 22.00$ 10,405.89$ -$ -$ -$ 10,405.89$ 115d CONST STRAIGHT CURB (CITY INDEX NO. 101)LF 16 22.00$ 356.95$ -$ -$ -$ 356.95$ 116d CONST TYPE 1 CURB (CITY INDEX NO. 101)LF 226 24.00$ 5,426.22$ -$ -$ -$ 5,426.22$ 117d CONST VALLEY CURB (CITY INDEX NO. 101)LF 329 22.00$ 7,247.65$ -$ -$ -$ 7,247.65$ 118d 4" CONCRETE SIDEWALK (INCLUDES CURB RAMPS)SF 176 10.00$ 1,763.59$ 1,760.00$ -$ 176.00 1,760.00$ 3.59$ 100% 119d DETECTABLE WARNING STRIP EA 0.071 350.00$ 24.69$ -$ -$ -$ 24.69$ 120d CONCRETE DRIVEWAY RESTORATION SY 63 65.00$ 4,126.80$ -$ -$ -$ 4,126.80$ 121d ASPHALT DRIVEWAY RESTORATION SY 56 45.00$ 2,539.57$ -$ -$ -$ 2,539.57$ 122d SODDING LS 1 1,763.59$ 1,763.59$ 705.44$ -$ 0.40 705.44$ 1,058.15$ 40% Subtotal General 147,564.77$ 93,710.81$ -$ 93,710.81$ 53,853.96$ 57% 500 RECLAIMED WATER 501 F&I 6" RCWM OFFSET/DEFLECTION (INCLUDES EXCAVATION, BACKFILL, PIPE, POLY WRAP, RESTRAINTS, INSTALLATION, FITTINGS, RESTRAINT OF EXISTING PIPE) EA 1 2,850.00$ $ 2,850.00 -$ $ - $ - $ 2,850.00 502 F&I 16" RCWM OFFSET/DEFLECTION (INCLUDES EXCAVATION, BACKFILL, PIPE, POLY WRAP, RESTRAINTS, INSTALLATION, FITTINGS, RESTRAINT OF EXISTING PIPE) EA 4 20,000.00$ $ 80,000.00 20,000.00$ $ - 1.00 $ 20,000.00 $ 60,000.00 25% 503 F&I 20" RCWM OFFSET/DEFLECTION (INCLUDES EXCAVATION, BACKFILL, PIPE, POLY WRAP, RESTRAINTS, INSTALLATION, FITTINGS, RESTRAINT OF EXISTING PIPE) EA 1 23,000.00$ $ 23,000.00 23,000.00$ $ - 1.00 $ 23,000.00 $ - 100% 504 16" GATE VALVES FOR OFFSETS (ALLOWANCE) (AS DIRECTED BY CITY) EA 2 5,500.00$ $ 11,000.00 -$ $ - $ - $ 11,000.00 505 20" GATE VALVES FOR OFFSETS (ALLOWANCE) (AS DIRECTED BY CITY) EA 1 11,700.00$ $ 11,700.00 -$ $ - $ - $ 11,700.00 506 DEMO & DISPOSE EXISTING RCWM; 16"< DIA. ≤ 20"LF 220 21.00$ 4,620.00$ 1,722.00$ -$ 82.00 1,722.00$ 2,898.00$ 37% 507 REMOVE & REPLACE RECLAIM SERVICE CONNECTION (ALLOWANCE) EA 60 550.00$ $ 33,000.00 -$ $ - $ - $ 33,000.00 6 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 508 RELOCATE EXISTING RECLAIM METER (ALLOWANCE) (BY CITY ONLY)EA 30 275.00$ 8,250.00$ -$ -$ -$ 8,250.00$ Subtotal Reclaimed Water 174,420.00$ 44,722.00$ -$ 44,722.00$ 129,698.00$ 26% 600 SURFACE RESTORATION 601d 2" ASPHALTIC CONCRETE STRUCTURAL COURSE TYPE SP- 9.5 TN 205 $ 118.00 24,140.03$ -$ -$ -$ 24,140.03$ 602d MILLING EXIST ASPH PAVT, 2" AVG DEPTH LS 1 $ 5,996.21 1,798.86$ -$ -$ -$ 1,798.86$ 603d RESTORATION OF IRRIGATION SYSTEMS (WITHIN RIGHT-OF- WAY) (ALLOWANCE) LS 1 $ 423.26 423.26$ 317.45$ -$ 0.75 317.45$ 105.82$ 75% 604d RESTORATION OF FDOT RIGHT-OF-WAY @ HILLCREST & COURT (MEETING FDOT STANDARDS) LS 1 $ 1,763.59 1,763.59$ -$ -$ -$ 1,763.59$ Subtotal Surface Restoration 28,125.75$ 317.45$ -$ 317.45$ 27,808.30$ 1% Subtotal Reclaimed Water 350,110.52$ 138,750.26$ -$ 138,750.26$ 211,360.26$ 37% 509 Reclaimed Water Contingency 10%LS 1 37,045.57$ 37,045.57$ 25,170.06$ -$ 25,170.06$ 11,875.51$ 68% Total Reclaimed Water 387,156.09$ 163,920.32$ -$ 163,920.32$ 223,235.78$ 40%6.89% Subtotal Utilities 5,865,186.36$ 3,084,789.24$ -$ 3,084,789.24$ 2,780,397.12$ 50% Total Utilities Contingency 621,036.46$ 248,836.99$ -$ 248,836.99$ 372,199.47$ 40% Total Utilities 6,486,222.82$ 3,333,626.23$ -$ 3,333,626.23$ 3,152,596.59$ 49% 700 ROADWAYS 701 Maintenance of Traffic LS 1 183,450.00$ 183,450.00$ -$ 183,450.00$ 702 9" Roadway Base SY 22,642 28.00$ 633,976.00$ -$ 633,976.00$ 703 9" Roadway Base on Franklin & De Leon East of Hillcrest (No Asphalt Demo or Curb Pads) SY 2,216 25.00$ 55,400.00$ -$ 55,400.00$ 704 2" Asphalt Concrete Structural Course Type SP 9.5 TON 206 118.00$ 24,308.00$ -$ 24,308.00$ 705 Milling Existing Asphalt Pavement 2" Avg Depth SY 1,870 5.60$ 10,472.00$ 10,472.00$ SUBTOTAL ROADWAYS 907,606.00$ -$ -$ -$ 907,606.00$ 706 10% Contingency LS 1 90,760.60$ 90,760.60$ -$ -$ -$ 90,760.60$ TOTAL ROADWAYS 998,366.60$ -$ -$ -$ 998,366.60$ Contract Subtotal 10,702,743.00$ 5,501,161.36$ 281,455.71$ 5,782,617.07$ 4,920,125.93$ 56% Total Contingency 1,127,955.50$ 319,850.20$ -$ 319,850.20$ 808,105.30$ 31% Total Contract 11,830,698.50$ 5,821,011.56$ 281,455.71$ 6,102,467.27$ 5,728,231.23$ 53% Note: Sections 100 and 600 are distributed on a prorated basis per Utility and invoice Description of Items Paid by Contingency $416,158.44 250 FINAL HUD RELATED COSTS LS 1 $ 1,160.00 $ 1,160.00 $ - 1 $ 1,160.00 251 UNDERDRAIN, 8" DIA, CITY INDEX 218 LF 160 43.00$ $ 9,460.00 $ - 220 $ 9,460.00 222 F&I WING INLET - DBL (FDOT 200 ALT A, 72" DIA TYPE J) (VALLEY CURB) EA 2 6,000.00$ 12,000.00$ $ - 2.00 $ 12,000.00 252 UNDERDRAIN CLEANOUT, 8" DIA, CITY 218 EA 2 $ 415.00 $ 830.00 $ - 2 $ 830.00 118a 4" CONCRETE SIDEWALK (INCLUDES CURB RAMPS)SF $ 10.00 $ 21,091.21 $ - 2109.121 $ 21,091.21 253 REMOVE CONCRETE PAVEMENT PARK ST & BETTY LN LS 1 $ 16,000.00 $ 16,000.00 $ - 1 $ 16,000.00 605 MILLING EX ASPHALT PAVEMENT, 2" AVG DEPTH - SAN JUAN SY 1870 $ 5.60 $ 10,472.00 $ - 1870 $ 10,472.00 $ - $ - $ - Total Stormwater Contingency $ 71,013.21 $ - $ 71,013.21 $ (71,013.21)#DIV/0! $191,526.95 327 REMOVE & REPLACE 4" WM FOR NEW STORM PIPE & OUTFALL CONNECTION ON PIERCE ST LS 1 11,167.62$ 11,167.62$ $ - 1.00 $ 11,167.62 328 ADJUST/LOWER WM SERVICE LINES EA $ 425.00 $ 10,625.00 $ - 25 $ 10,625.00 326 CONST. THRUST COLLAR EA 1 $ 7,000.00 $ 7,000.00 $ - 1 $ 7,000.00 316 F&I 2" AIR VALVE (VAL-MATIC VMC-38VC), INCLUDING APPURTENANCES, FITTINGS, BENDS, & CONC. PAD. EA 1 5,750.00$ 5,750.00$ $ - 1.00 $ 5,750.00 301 F&I 6" DIP WM, RJ; INCLUDING POLY WRAP, FITTINGS, & BENDS LF 660 45.00$ $ 15,480.00 $ - 344 $ 15,480.00 319 F&I TEMP B.O. / S. TAP (CITY 408); INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL EA 1 1,250.00$ 2,500.00$ $ - 2.00 $ 2,500.00 Stormwater Contingency Potable Water Contingency 7 of 10 Draw 13 Date Through Item No. Description Units Qty. Unit Price Amendend Contract Price Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Remaining Balance Percent Comp EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS (13-0043-EN) 320 F&I TEMP CL₂ TAP (CITY 408); INCLUDING APPURTENANCES, FITTINGS, BENDS, & REMOVAL EA 1 450.00$ 900.00$ $ - 2.00 $ 900.00 330 CONNECT TO EXIST 04" WATER MAIN EA 3 2,100.00$ $ 6,300.00 $ - 3 $ 6,300.00 331 CONNECT TO EXIST 08" WATER MAIN EA 1 3,300.00$ $ 3,300.00 $ - 1 $ 3,300.00 332 F&I TEMP WATER SUPPLY INCL APPURTANCES, FITTINGS, BENDS & REMOVAL LS 1 2,910.00$ 2,910.00$ $ - 1.00 $ 2,910.00 333 F&I WM LINESTOP 8"EA 1 $ 9,500.00 $ 9,500.00 $ - 1 $ 9,500.00 334 F&I WM LINESTOP 4"EA 3 $ 6,910.00 $ 20,730.00 $ - 3 $ 20,730.00 335 RJ ON EXIST 4" WATER MAIN EA 18 $ 625.00 $ 2,500.00 $ - 4 $ 2,500.00 336 RJ ON EXIST 8" WATER MAIN EA 10 $ 840.00 $ 840.00 $ - 1 $ 840.00 337 ADDTL MOT, DEMO, RESTORATION & CLEANUP ON GULF TO BAY LS 1 $ 6,170.00 $ 2,468.00 $ - 0.4 $ 2,468.00 $ - $ - $ - Total Potable Water Contingency $ 101,970.62 $ - $ 101,970.62 $ (101,970.62)#DIV/0! Sanitary Sewer $392,463.94 402 F&I 8" PVC SDR 26 LF 56.00$ $ 56,560.00 $ - 1010.00 $ 56,560.00 415 IDENTIFY, LOCATE, EXTEND & TIE-IN EXISTING SANITARY SERVICE LATERAL ON FRANKLIN ST LS 1 9,117.72$ 9,117.72$ $ - 1.00 $ 9,117.72 416 8" SANITARY MAIN AT STORM CROSSINGS TO BE DIP EA $ 1,180.08 $ 2,360.16 $ - 2 $ 2,360.16 404 F&I 48" DIA MH w/ OUTSIDE DROP EA $ 7,000.00 $ 28,000.00 $ - 4.00 $ 28,000.00 417 SANITARY SEWER 6" LATERAL PIPE LF 300 $ 24.00 $ 5,616.00 $ - 234 $ 5,616.00 418 SANITARY SEWER CLEANOUT W/PAD EA 2 $ 600.00 $ 1,200.00 $ - 2 $ 1,200.00 419 CONNECT TO EXISTING SANITARY SEWER EA 1 $ 750.00 $ 750.00 $ - 1 $ 750.00 420 RESOLVE CONFLICT WITH RCWM AT MH-445 LS 1 $ 5,916.55 $ 5,916.55 $ - 1.00 $ 5,916.55 421 FACILITATION OF INSTALLMENT OF MH-470 & 475 LS 1 $ 12,175.88 $ 12,175.88 $ - 1 $ 12,175.88 $ - $ - $ - Total Sanitary Sewer Contingency $ 121,696.31 $ - $ 121,696.31 $ (121,696.31)#DIV/0! $37,045.57 509 OFFSET 12" RCWM FOR NEW STORM PIPE ON PIERCE ST LS 1 $ 8,286.59 $ 8,286.59 $ - 1 $ 8,286.59 510 ADJUST/LOWER RCWM SERVICE LINES EA $ 425.00 $ 5,100.00 $ - 12 $ 5,100.00 511 OFFSET 4" RCWM IN CONFLICT W/NEW 20" WM LS 1 $ 5,387.68 $ 5,387.68 $ - 1 $ 5,387.68 512 OFFSET 12" RCWM IN CONFLICT W/NEW 20" WM LS 1 $ 6,395.79 $ 6,395.79 $ - 1 $ 6,395.79 $ - $ - $ - Total Potable Reclaimed Water Contingency $ 25,170.06 $ - $ 25,170.06 $ (25,170.06)#DIV/0! Roadway Contingency $90,760.60 $ - $ - $ - Total Roadway Contingency $ - $ - $ - $90,760.60 Total Contingency $1,037,194.90 $ 319,850.20 $ - $ 319,850.20 $ (319,850.20)#DIV/0! Total Contract $ 11,830,698.50 $ 5,821,011.56 $ 6,102,467.27 $ 5,728,231.23 53% 281,455.71$ Retainage (14,072.78)$ Invoice Amount 267,382.93$ Earned Reclaimed Water Contingency 8 of 10 Ratify & ConfirmChange Order 1 DATE: April 17, 2018 PROJECT: PROJECT NUMBER:13-0043-EN East Gateway Stormwater & Sanitary PO REFERENCE: ST113679 Sewer Improvements CONTRACTOR: COUNCIL AWARD:January 19, 2017 David Nelson Construction Co DATE OF CONTRACT:February 6, 2017 3483 Alt 19 Palm Harbor, Fl 34683 CODE:ENST180009-CONS-CNSTRC a 3217321-563800-96636 B 3217321-563800-96739 C 3827382-563800-96742 D ENRD180004-CONS-CNSTRC E SCOPE OF CHANGE: This Change Order Accepts Revisions to the Contract STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: David Nelson Construction Co. ORIGINAL CONTRACT AMOUNT 11,409,143.90$ 421,554.60$ By: (SEAL) NEW CONTRACT AMOUNT 11,830,698.50$ David L. Vekas Vice President Date: APPROVED AS TO FORM: Witnesses: Owen Kohler,Assistant City Attorney ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Jennifer Shannon, PE.Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager D. Scott Rice, PE, City Engineer to add items for roadway improvements and add 279 days for a new completion date of 11/30/2018 -see attached. Ratify&Confirm Change -City 5/17/2018 Ratify & Confirm Change Order 1 East Gateway Stormwater & Sanitary Sewer Improvements ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Code A Decreases: 113a 14" ROADWAY BASE SY 5106.839563 36.00$ (183,846.22)$ 602a Milling Exist Aph Pavt, 2" Avg Depth LS 0.7 68,267.89$ (47,787.52)$ Total (Decreases) Code A:(231,633.74)$ Code B Decreases: 113c 14" ROADWAY BASE SY 4815.620697 36.00$ (173,362.35)$ 602c Milling Exist Aph Pavt, 2" Avg Depth LS 0.7 64,374.89$ (45,062.42)$ Total (Decreases) Code B:(218,424.77)$ Code C: Decreases: 113d 14" ROADWAY BASE SY 448.5517441 36.00$ (16,147.86)$ 602d Milling Exist Aph Pavt, 2" Avg Depth LS 0.7 5,996.21$ (4,197.35)$ Total (Decreases) Code C:(20,345.21)$ Code D: Decreases: 113b 14" ROADWAY BASE SY 2345.988056 36.00$ (84,455.57)$ 602b Milling Exist Aph Pavt, 2" Avg Depth LS 0.7 31,361.01$ (21,952.71)$ Total (Decreases) Code D:(106,408.28)$ Total (Decreases):(576,812.00)$ Code E Additions: 701 Maintenance of Traffic LS 1 183,450.00$ 183,450.00$ 702 9" Roadway Base SY 22642 28.00$ 633,976.00$ 703 9" Roadway Base on Franklin & De Leon East of Hillcrest (No Asphalt Demo or Curb Pads) SY 2216 25.00$ 55,400.00$ 704 2" Asphalt Concrete Structural Course Type SP 9.5 TON 206 118.00$ 24,308.00$ 705 Milling Existing Asphalt Pavement 2" Avg Depth SY 1870 5.60$ 10,472.00$ 706 10% Contingency LS 1 90,760.60$ 90,760.60$ Total Increases Code E:998,366.60$ Total Net (Decreases)/Increases:421,554.60$ COURT ST COURT ST FRANKLIN ST FRANKLIN ST S BETTY LN S BETTY LN S LINCOLN AVES LINCOLN AVEPIERCE ST PIERCE ST CLEVELAND ST CLEVELAND ST FRANKLIN ST FRANKLIN ST S LINCOLN AVES LINCOLN AVES BETTY LN S BETTY LN S HILLCREST AVE S HILLCREST AVE PARK ST PARK ST S EVERGREEN AVE S EVERGREEN AVE S FREDRICA AVES FREDRICA AVES LADY MARY DRS LADY MARY DRG U LF-T O-B A Y B LV D G U LF-T O-B A Y B LV D PARK ST PARK ST SANTA ROSA ST SANTA ROSA ST WAVERLY WAY WAVERLY WAY FRANKLIN CIR NE FRANKLIN CIR NE AVANDA CT AVANDA CT DE LEON ST DE LEON ST EAST GATEWAY STORMWATER & SANITARY SEWER IMPROVEMENTS Document Path: V:\GIS\Engineering\Location Maps\East_Gateway_Improvements\East_Gateway_STM_SAN_Improvementsl.mxdDate: 4/30/2018 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City ofClearwater makes no warranties, expressed or implied, concerning theaccuracy, completeness, reliability, or suitability of this data for anyother particular use. Furthermore, the City of Clearwater assumes noliability whatsoever associated with the use or misuse of such data. Notice:This map may not incorporate the latest field information. For the mostup-to-date depiction of this infrastructure, consult the City ofClearwater's GIS Mapping Applications at: http://clearwater/GIS/index.asp ²NE 1/4 of 15-29-15015030075Feet 1 inch = 265 feet 287B / 288ALegend East Gateway Project LimitIncreased Area of Road Base RequiredIncreased Scope Outside Project LimitsProject # 13-0043-EN Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 18-08 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Support initiatives to lessen the negative impact of single-use plastic and styrofoam products by encouraging Clearwater businesses to participate in an ocean friendly business program and adopt Resolution 18-08. SUMMARY: The Environmental Advisory Board developed the Ocean Friendly Business Program outlined in Resolution 18-08 to address pollution caused by single-use plastics and styrofoam, and is requesting that the City Council adopt the Resolution thereby demonstrating its support for the Program. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Resolution No. 18-08 RESOLUTION NO. 18-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUPPORTING INITIATIVES TO LESSEN THE NEGATIVE IMPACT OF SINGLE-USE PLASTIC AND STYROFOAM PRODUCTS BY ENCOURAGING CLEARWATER BUSINESSES TO PARTICPATE IN AN OCEAN FRIENDLY BUSINESS PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater declares that it is in the best interest of public health, safety and welfare of its residents and visitors to reduce litter and pollutants on the land and in the waters of the City; and WHEREAS, the distribution of single-use plastics, including but not limited to, plastic carry bags, straws, cups and other containers, styrofoam and polystyrene products have a detrimental effect on the environment of the City, County and State; and WHEREAS, these discarded single-use plastic and styrofoam items contribute to an overburdened waste stream, threaten wildlife and marine life and degrade the beaches and waters off the Florida coast, which includes areas within the City; and WHEREAS, these single-use plastics break down into smaller pieces which can make their way into the food chain via endangered sea turtles, fish and other marine life; and WHEREAS, plastic bags constitute a portion of the litter on the City’s streets, parks, public places and waterways; and WHEREAS, as an environmental leader and stewards for sustainable efforts, the goal of the City is to eventually replace all single-use plastic with renewable alternatives whenever possible; and WHEREAS, retail establishments including ALDI and Whole Foods have successfully incorporated programs that encourage the use of reusable and/or recyclable alternatives; and WHEREAS, the City’s Environmental Advisory Board has voted to support this resolution/program; and WHEREAS, the City wishes to join neighboring beach towns such as Madeira Beach and Treasure Island in lending support to the business community, including the Clearwater Beach Chamber of Commerce, to encourage and promote a voluntary Ocean Friendly Business Program that would reduce these items from the waste stream. Resolution No. 18-082 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater is committed to the long-term goal of reducing the harms of plastic pollution on our fragile environment and ensuring a thriving, attractive and safe environment for residents, guests and tourists, and to that end hereby supports and encourages Clearwater businesses to participate in an Ocean Friendly Business Program as set forth below: The Ocean Friendly Business Program: Businesses participating in the voluntary Ocean Friendly Business Program MUST follow these five criteria: 1. Plastic straws are provided only upon request. 2. No plastic bags offered for takeout or to-go orders. 3. No expanded polystyrene use (aka Styrofoam). 4. Proper recycling practices are followed. 5. Only reusable tableware is used for onsite dining and utensils for to-go food are provided only upon request. And choose a minimum of three of the following criteria: 6. No beverages sold in plastic bottles. 7. Discount offered for customers with reusable cup, mug, bag, etc. 8. Organic, local, and/or vegetarian/vegan food options are offered on a regular basis. All seafood must be a ‘Best Choice’ or ‘Good Alternative’ as defined by Seafood Watch. 9. Energy efficiency implementation. 10.Use paper straws. 11.Compost food waste. 12.Host or sponsor an annual beach clean-up. 13.Provide information on website or bulletin board about the damage caused by plastic pollution. 14.Offer digital receipts for paper reduction practices, or PBA paper receipts. Resolution No. 18-083 Section 2.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2018. ______________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4579 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the First Amendment to the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for Utility Relocations as part of the Pinellas County Lake Avenue Culvert Project (17-0005-UT) to extend the agreement duration and authorize the appropriate officials to execute same. (consent) SUMMARY: May 17, 2017, City Council approved a JPA between Pinellas County and the City of Clearwater for utility relocations as part of Pinellas County Lake Avenue Culvert from Barry Avenue to Jeffords Street Project, where the agreement provides funding of the City ’s utility relocation to be completed by the County’s contractor as part of their construction project. This amendment provides for an extension of the agreement duration to be 365 days from the date of full execution of this First Amendment, giving the City ’s right to terminate the agreement if the County fails to issue a Notice to Proceed within the term. All other provisions and conditions in the agreement remain the same Page 1 City of Clearwater Printed on 5/14/2018 FIRST AMENDMENT BETWEEN THE CITY OF CLEARWATER AND PINELLAS COUNTY FOR THE JOINT PROJECT AGREEMENT: LAKE AVENUE CULVERT ROADWAY AND/OR DRAINAGE IMPROVEMENTS FROM BARRY AVENUE TO JEFFORDS STREET THIS FIRST AMENDMENT is made and entered into on this ________ day of ________, 2018, by and between PINELLAS COUNTY, a public corporation of the State of Florida whose address is 315 Court Street, Clearwater, FL 33756, hereinafter referred to as the "COUNTY," and the City of Clearwater, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively Parties. WITNESSETH: WHEREAS, the COUNTY will be constructing a capital improvement program plan referred to as Lake Avenue Culvert Roadway and/or Drainage Improvements from Barry Avenue to Jeffords Street “Project”; and WHEREAS, the COUNTY and the CITY previously entered into an agreement on July 18, 2017, hereinafter referred to as the Agreement, to provide funding for the CITY’s Utility Work to be completed by the COUNTY’s contractor as part of construction of the Project; and WHEREAS, Section 11 of the Agreement provides that the Agreement may be amended where agreed to in writing by the Parties; and WHEREAS, both the COUNTY and the CITY desire to extend the Agreement duration. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties agree as follows: 1. Section 18. Agreement Term is hereby amended in its entirety as follows: If the County fails to issue a Notice to Proceed to a contractor for the Project within 365 days from the date of full execution of this FIRST AMENDMENT by the Parties, the Agreement shall be deemed terminated and any payments made by the CITY to the COUNTY shall be refunded in full by the COUNTY within 30 days. 2. Except as changed or modified by this FIRST AMENDMENT, all provisions and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, as of the day and year first above-mentioned. PINELLAS COUNTY, FLORIDA BY: ___________________________________ Mark S. Woodard, County Administrator CITY OF CLEARWATER BY: __________________________________ ATTEST: _______________________________ 2 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: Lake Avenue Culvert -Project limits are from Barry Avenue to Jeffords Street along Lake A venue PROJECT LIMITS : FROM: Barry Avenue TO: Jeffords Street along Lake A venue PROJECT NO.: 002125A lJ.S ./f,JHIS JOil:f;lrJ~C .... :[ .... WREEMENT (Agreement) made and entered into on the -~-day of lfX~. ~-~-., by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called the "County", and the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter called the "City" (collectively, Parties). WITNESSETH, That: WHEREAS , the County intends to construct roadway and /or drainage improvements to the Lake A venue Culvert -Project limits are from Barry Avenue to Jeffords Street along Lake Avenue (County Project No. 002 l 25A or Project), which will call for the adjustment, relocation and /or installation of the City 's utility facilities along, over and/or under the Project (Utility Work); and WHEREAS , the County 's plans for the Project have been reviewed by the City and the City has had the opportunity for input into said plans ; and WHEREAS , the County and the City have determined that it would be to the best interest of the general public and to the economic advantage of both Parties to enter into this Joint Project Agreement for the Utility Work to be accomplished by the County's contractor as part of the construction of the Project; and WHEREAS , the City has expressed its desire to assume all reasonable and necessary costs to be incurred for this Utility Work, and has requested to County to include in said Project certain plans and specifications to meet the City 's needs. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid , the receipt whereof is hereby acknowledged , and in further consideration of the mutual covenants hereinafter contained , it is agreed by the Parties as follows: Page 1 of9 1. Utility Work The City's utility work within the limits of the Project is more specifically described as the replacement, relocation, or adjustment of a six inch (6") water main, eight DIP gravity sewer and sixteen inch casing, as well as the installation of a sanitary sewer bypass that are in conflict with the replacement of existing cross drains as part of County PIO No. 002125A, located on Lake Avenue, from Barry Avenue to Jeffords Street. 2. Funding 2.1 The County will be responsible for the bidding and award of the construction contract for the Project and will include the Utility Work as a separate option item in its bidding document. After the County receives, opens, and evaluates the bids, the County will notify the City, in writing, of the County's intent to award the contract. This notification will include the amount for the Utility Work option. The City will have fifteen (15) days from receipt of the County's notification to request, in writing, that the County delete this option, and to notify the County of the City's intent to perform the Utility Work with the City's own forces or its own contractor. In order not to delay the construction of the Project, the City must show that it is ready and able to perform all Utility Work prior to requesting that the County delete the Utility Work option from the contract award. The City does not have the right to delay or affect, in any way, the award of the contract. In the event the City, in performing the Utility Work causes a compensable delay to the County's construction of this Joint Project, the City will pay all claims and costs incurred due to its delay. 2.2 The City hereby certifies that funding for the preliminary estimated Utility Work cost (Exhibit A) of two hundred and sixty thousand two-hundred and sixty dollars ($260,260.00), plus 5% for County construction/contract administration/compaction and backfill testing costs of thirteen thousand and thirteen dollars ($13,013.00) for a total of two hundred and seventy-three thousand two hundred and seventy three dollars ($273,273.00), has been appropriated and is available for deposit into an interest bearing escrow account for the purpose of payments by the County to the contractor on the City's behalf. The deposit will be due to the County no later than thirty (30) days from the date of notification of the County's intent to award the construction contract. If the option item of the contractor's bid selected by the County for performance of the Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to and in accordance with the limitations and conditions established by Subparagraph 2.1 hereof regarding the City's option to remove the Utility Work, the City will deposit an amount with the County which equals the total option item plus 5% of that amount for County construction/contract administration/compaction and backfill testing. Interest will accrue on the deposit balance and be used toward the cost of the Utility Work. In the event the final, actual cost of the Utility Work is less than the amount the City deposited, including all interest earned, but excluding the 5% for County construction/contract administration/compaction and backfill testing of the actual construction costs, the County will reimburse the City any excess escrow account funds. Should contract modifications occur that increase the cost of the Utility Work, or the estimated quantities of items provided by the City in Exhibit A are exceeded, the City will be notified by the County accordingly. The City will pay the County within thirty (30) calendar days of notification by the Page 2 of9 County to ensure that cash on deposit with the County is sufficient to fully fund the cost of the Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs will overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative fee) within thirty (30) calendar days of notification by the County. However, failure of the County to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility Work. All deposits due to the County referenced in Section 2.2 above shall be mailed to: Finance Division Accounts Receivable Pinellas County Board of County Commissioners P. 0. Box 2438 Clearwater, FL 33757 2.3 The County will require the successful contractor to comply with the following conditions. The City shall be responsible for the costs attributed to said compliance with these conditions as part of the Utility Work: (A) Indemnify, hold harmless, pay on behalf of and defend the County and its agents and employees and the City and its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting from the performance of the Project or the Utility Work; (B) Provide a dual obligee bond in the full amount of the Project, naming the City and the County as obligees; and (C) Provide insurance coverage per the requirements in the insurance section of the invitation to bid as well as in the executed contract with successful contractor. The County and the City will be named as additional insured entities and certificate holders in both the invitation to bid and the executed contract. 3. Joint Project Activities 3.1 The City will prepare, at its expense, the design of plans and specifications for all the City's necessary Utility Work and reimbursable Utility Work described above and will furnish to the County no later than April 28, 2017, complete and reproducible plans on standard size sheets (11" x 17" and 24" x 36"), together with a complete set of specifications covering all construction requirements for the Utility Work. These plans and specifications will be complete in every detail and will include a "Summary of Quantities" sheet and/or "Bill of Materials" identifying the items of work, with a final estimate of cost (Engineer's Estimate), required to accomplish the Utility Work said estimate to be satisfactory to the County. The plans and specifications will be signed and sealed by a Registered Professional Engineer in the State of Florida. Page 3 of9 3.2 The City will coordinate the development of the Utility Work plans with the County's plans for the Project. The County, upon request by the City, will furnish all available roadway information required by the City for the coordination and development of the Utility Work plans, and the County will cooperate with the City to this end. 3 .3 The City will obtain all necessary Florida Department of Transportation or other jurisdiction permits required for construction of the Utility Work. A copy of all permits required for said Utility Work will be provided to the County no later than May 31, 2017. 3.4 The County will issue a "Right-of-Way Utilization Permit" upon execution of the Agreement by both Parties. This permit will not be subject to any required fees. 3.5 All surveys for construction of the Utility Work will be furnished by the successful contractor. 3.6 The coordination of the City's Utility Work with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will cooperate fully and immediately to resolve any delays in the construction of the project occurring as the result of the City's Utility Work. 3.7 All of the Utility Work done pursuant to this Agreement shall be done in substantial accordance with the plans and specifications of the City, which plans, and specifications are, by reference hereto, made a part hereof. All information required for field changes, change orders or supplemental agreements pertaining to the City's Utility Work will be promptly furnished to the County. 3.8 During construction of the City's Utility Work, the City will provide the necessary construction and engineering inspection for the City's Utility Work to determine if the Utility Work is in substantial compliance with the plans and specifications, and provide all required testing associated with the City's Utility Work, excluding backfill and compaction testing in accordance with Pinellas County Minimum Testing Frequency Requirements, and provide results to the County for same. The contractor shall contact the City's Engineering Inspection Division at 727-562-4608 within 24 hours prior to commencement of any City Utility Work to schedule the appropriate inspection and pressure testing. The City's inspector will immediately notify the County inspector of any objections to the Utility Work. 3.9 The City will participate in the design, utility coordination, pre-construction and other meetings as necessary for Project coordination. 3.10 All adjustment, relocations, repairs, maintenance, and incidental work ("Incidentals") required to be performed to the City's existing utilities for the Joint Project, not included in the Utility Work, will be the sole responsibility of the City. All such work is to be Page 4 of9 coordinated with the construction of this Joint Project and in a manner that will not cause delay to the County's Project contractor. 3.11 The City's comments and suggestions are invited and will be considered by the County; however, all services and work under the construction contract will be performed to the satisfaction of the County's Director of Public Works, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such contract for Utility Work, the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and who's decision upon all claims, questions and disputes thereunder are final and conclusive upon the Parties hereto. 3.12 Upon completion of the entire Project, which will be determined jointly by the County and the City, the City will own, control, maintain and be responsible for all City utility facilities in accordance with the terms of the Right-of-Way Utilization Permit. The City will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed utilities facilities. 3.13 The County will forward any accounting records, if requested, to the following City representative: Robert S. Fahey City of Clearwater 100 S. Myrtle A venue Clearwater, FL 33756 3.14 Upon final payment to the contractor, the County intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project costs records and accounts shall be subject to audit by a representative of the Company for a period of three (3) years after final close out of the Project. 3.15 Upon completion of the entire Project, the Contractor will supply "as built" ("Record") standard size sheet (11" x 17" or 24" x 36") Utility Work plans to the County, who in turn will within one hundred eighty (180) days, furnish the City with one (1) set. 3.16 Upon completion of the entire Project, the County will insure that any warranty, including materials, equipment, workmanship and closeout documents, by the contractor constructing and/or installing facilities related to the Utility Work in accordance with this Agreement, is assigned to the City. Page 5 of9 4. Project Managers The primary contact for each of the Parties is: 4.1 The Project Manager for City of Clearwater shall be Robert S. Fahey or their designee ("City's Project Manager"), whose telephone number is 727.562.4591 and whose post office address is 100 S. Myrtle Avenue, Clearwater, FL 33756. 4.2 The Project Manager for Pinellas County shall be John Carpenter or their designee ("County's Project Manager"), whose telephone number is 727.453.3350 and whose post office address is 14 S. Fort Harrison Avenue, (6th Floor), Clearwater, FL 33756. 4.3 Each Party may designate a replacement Project Manager by giving notice of such designation to the other party in accordance with this Agreement. 5. Records, Reports, and Inspection The County shall maintain financial records, accounting and purchasing information, and books and records for the Project. These books, records, and information shall comply with general accounting procedures. All documents related to the Project are public records and shall be retained and provided as required by law. 6. Compliance with Federal, State, County, and Local Laws Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 7. Responsibilities of the Parties The County and the City shall be fully responsible for their own acts of negligence and their respective agents' acts of negligence, when such agents are acting within the scope of their employment; and shall be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the County or the City. Nothing herein shall be construed as consent by the County or City to be sued by third Parties in any matter arising out of this Agreement. 8. Discrimination The County and the City shall, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. Page 6 of9 9. Assignment This Agreement may not be assigned. 10. Severability Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this Agreement. 11. Entire Agreement This Agreement constitutes the entire agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 12. Notification All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, if hand delivered, or upon the actual date of delivery to the Project Manager, whose address is set forth in Section 4 above. 13. Waiver No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. 14. Due Authority Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the party on whose behalf they are executing. 15. Headings The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. Page 7 of9 16. Approval This Agreement is subject to approval by the City and the County. 17. Fiscal Funding The obligations of the Parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the Parties. 18. Term The term of this Agreement shall commence upon execution of this Agreement by the Parties and shall terminate after completion and acceptance of the Utility Work and upon final payment in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to issue a Notice to Proceed to a contractor for the Project within three hundred sixty-five (365) days from the date of full execution of this Agreement by the Parties, this Agreement shall be deemed terminated and any payments made by the City to the County shall be refunded in full by the County within thirty (30) days. Page 8 of9 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written. CITY OF CLEARWATER, FLORIDA By: -C(_ eor \ll\ Cr(.. \(,ro} Mayor ... . . C) • . \.) : . • • t_J . ·,, ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: tJ~~.~~ City Manager William B. Horne II _' ·"· : . , __ : APPROVED AS TO FORM: By: Page 9 of9 . . \;. ~ '. I Project Description: I ~ Clearwater Lake Av. Culvert Pinellas County JPA 2/24/2017 -~ {..\~ I UNIT TOTAL ITEM NO. ITEM DESCRIPTION I UNIT QTY. COST COST Maintenance of Traffic each 1 5000.00 5000.00 Mobilization ~ 1 5 ,000.00 5 ,000.00 Survey Layout _L_S __ 1 2 ,000.00 2 000.00 Survey As-Built _L_S ___ 1 3 ,ooo.oo I 3 ,000.00 ----1 Line Stopl6''x6" wet tap each 2 5 ,000.00 10000.00 2 F&l 6" DI Resilient Seat GV W /Box & Blind Flanae ~ 2 1,800 .00 3 ,600.00 3 Construct Thrust Collar ~ 2 12 000.00 24 000.00 4 F&l 6" DI WM RJ ; lncludinQ Poly Wrap, FittinQs , & Bends _L_F ___ 220 80 .00 17,600.00 5 Demo & Disoose Existina 6" WM LF 220 20.00 4400.00 6 F&I Temo . B.0 . & Samole Tao lncludina Aoourtenances, Fittinos Bends and Removal each 1 3 ,500 .00 3 ,500 .00 7 F&I Temo. CL2 Tao lncludirl!l ADourtenances , Fittirl!lS Bends and Removal each 1 1 200.00 1 200.00 8 Sanitary Sewer Bypass each 1 125,000.00 125,000.00 9 Demo and Disoose Sanitarv Sewer Pioe _L_F ___ 280 25.00 7 000.00 10 F&I 8" Eooxy Li ned DIP Gravity Sewer _L_F ___ 280 60.00 16,800.00 11 F&l 16" DIP Casirl!l lncludirl!l Appurtenances Spacers and End Seals LF 25 300.00 7 500.00 12 Connect to existino MH each 2 500.00 1,000.00 ---- ---------------13 Cont inaencv (10%\ 23,660.00 ----SUBTOTAL 260,260.00 ---- ----14 County Construction/Contract Administration/Comoaction and Backfill Testina (5%\ 13,013.00 ----TOTAL 273,273.00 WOODRUFFST ST REMOSANST HILLBROWNING ST FORRESTPINEVIEWST ST BARRY ParkNormandy TEMPLE RDLEMON ORANGE LIME CITRUS SATSUMA LAKEVIEW JEFFORDS LAURELDUNCANDR DR DR DR DROAKVIEWTuscolaRd ETUSCOLA ILLINOIS OTTAWA AVERD RD RD JEFFORDS RDBARRY ST ST ST ST ST ST ST ST ST LEMONCR-375CITRUS LIME Dr VALENCIA TANGERINE RD NORWOODST PALMWOOD WHITEWOOD FRUITWOOD ST ST PARKSIDE BALMORAL PINEWOOD WOODCRESTWOODSIDEESTELLE BRENTWOOD JEFFORDS ST MEADOW KENDALL EMERALD PEN NY MARJOHNS DUNCANDR AVEAVEWOODCRESTIRVINGWHITACREBUGLEDRDRLN DOUGLASDRKEENE RDHUNT GRACELYN DR AVEAVEMartha DRTURNER SR-651 SAN REMOAVEC T DE LEON COURT SAN MAGNOLIA LOTUS PATH Jasmine HILLCRESTAVEHILLCRESTAVEPINEVIEWJASMINE Ct AVEPINE ST JUAN ROGERS SAN REMOAVESPENCERAVEBUDLEIGH LOTUS MAGNOLIA JASMINECR-375WAY OAKVIEWAVEHIGHLANDST BLV D ST AVEAVEST GLENWOODAVESKYVIEWGULF-TO-BAY ST LIVE OAKLAKEST CtCR-385PATH DR WAY Ct Ct KEYSTONEAVEDRAVECRESTYELVINGTONSR-60BLVD AVESandstone Flagstone Keystone TURNER MAGNOLIA AVEMARIONAVE PARKLANDKEENE RDAVEDR AVEBAUDUPINE STCR-1PLUMOSAAVEST PHOENIXAVEST FLORIDAVENUSVIRGINIALNHILLCRESTRach el Ja cob DR CR-488 AVELOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE ^ MBK LN N.T.S.N/A N/A4/27/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: S LAKE AVENUE CULVERT Document Path: V:\GIS\Engineering\Location Maps\SLakeCulvert.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4599 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) SUMMARY: The City is the owner of three parcels of land more particularly described as: 1.600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2.Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3.The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be One Hundred Sixty-Five Thousand dollars ($165,000.00). The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over City-owned lots 34 and 45 of Court Square Subdivision was dedicated by Resolution No. 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4599 feet. The appraised value of right-of-way/city owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be Two Hundred Thousand dollars ($200,000.00). The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is Ninety Thousand dollars ($90,000.00). The property owned by COS, to be granted to the city is a paved parking lot in disrepair at the southwest corner of Martin Luther King Jr Avenue and Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $640,000.00. The Nolen Project in the downtown core creates a need for public parking. It is contemplated that the property to be conveyed to the city will provide some needed parking. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. Page 2 City of Clearwater Printed on 5/14/2018 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Court Square Plat Book 5, Page 53 Platted and Dedicated Right of Way to be Declared Surplus COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 04/06/18Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $640,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $90,000 600 Franklin StAppraised Value: $165,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $45 5,000Property to b e Swapped by Church of Scientology: $6 40,00 0Difference in Tota l: $185,000 60174070 906050 96 155060 15 50 15 96 100 100 60606059.512121115CSXRAILROAD32292 54450 1864894896 18648 1220134 5 8 6 5 87 7 12 12 13 345 876 1234567 14131211109821 3 4 5 6 7 8 1 321 8910 7654321 89101112131412 3491011 6 7 8 1 2 3 4 5 321 8910 87654321 910111213141516 2 18 9 76 1 2 3 4 5 321 10 9 8 87654321 910111213141516 1 2 3 4 5 6 7 8 9 10 14131211 39 38 37 36 35 40 41 42 43 44 34 32198765432118171615 1923 3346 (52) 47 32 11 10 14/0213/0211 NE 1/4 of 16-29-15 286B S EAST AVEPARK ST COURT ST PIERCE ST FRANKLIN ST S FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JCA TM N.T.S.286B 16-29s-15e04/06/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PARCEL ID 16-29-15-32292-007-0011,600 FRANKLIN STREET Path: V:\GIS\Engineering\Location Maps\600FranklinSTParcel.mxd City Portion to be Swapped in Property Exchange The South 60’ of Lot 1, Block 7, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4600 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Approve the Contract for Exchange of Real Property providing for the exchange of certain city-owned real property for a strategic parcel in the downtown core which is of greater value and is owned by the Church of Scientology Flag Service Organization, Inc. (COS), authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. SUMMARY: The Nolen Project in the downtown core creates a need for public parking. The property at the Southwest corner of Cleveland Street and S. Martin Luther King Jr. Avenue at 1133 Cleveland Street abuts the Nolen Project and will provide needed parking. This property will be conveyed to the City by COS in exchange for three city-owned properties as more particularly described below. The COS property appraised at $640,000.00 by James Millspaugh & Associates, Inc. In exchange for this COS property, the City of Clearwater will convey three parcels of land more particularly described as: 1.600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2.Dedicated Right-of-way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3.The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be $165,000.00. The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over city-owned lots 34 and 45 of Court Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4600 Square Subdivision was dedicated by Resolution 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square feet. The appraised value of right-of-way/city-owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be $200,000.00. The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $90,000.00. This contract is contingent upon three pre-requisites. The first being the declaration of surplus of these three City owned parcels. The second pre-requisite is the vacation of Haven Street, along with real property dedicated as right-of-way in Official Records Book 4867, Page 1478, of the Public Records of Pinellas County, Florida. The third is the City being granted adequate access to the COS Property in accordance with the timeframes contemplated in the contract for purposes of conducting inspections and investigations, including environmental investigations. If any of these pre-requisite items fail to come to fruition, this contract will be null and void. Page 2 City of Clearwater Printed on 5/14/2018 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property 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 [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 04/06/18Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $640,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $90,000 600 Franklin StAppraised Value: $165,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $45 5,000Property to b e Swapped by Church of Scientology: $6 40,00 0Difference in Tota l: $185,000 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4562 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the revised Statewide Mutual Aid Agreement and adopt Resolution 18-09. SUMMARY: Section 252.40, Florida Statutes, authorizes the governing body of each political subdivision to enter into mutual aid agreements within the State for reciprocal emergency aid and assistance in case of emergencies too extensive to deal with unassisted. The need for a statewide mutual aid agreement is based on the following conditions: 1) Florida is vulnerable to a range of disasters likely to disrupt essential services and destroy infrastructure needed to deliver those services; 2) disasters are likely to exceed the capability of any one local government to cope with existing resources; 3) disasters also may give rise to unusual technical needs that local governments may not be able to meet with existing resources, but that other local governments may be able to offer; 4) the Emergency Management Act provides local governments the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by local governments which render such assistance; and 5) under the Act, Florida Department of Community Affairs, through its Division of Emergency Management, has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. The current Statewide Mutual Aid Agreement is a 2018 revision, and now includes small events. The original was adopted in 1998 and a comprehensive update was completed in 2002. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Resolution No. 18-09 RESOLUTION NO. 18-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT “STATEWIDE MUTUAL AID AGREEMENT;” PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services; and WHEREAS, such disasters are likely to exceed the capability of any one local government to cope with, but other local governments may have the resources and expertise to assist; and WHEREAS, pursuant to § 252.40, Florida Statutes, the City is desirous of entering into the Statewide Mutual Aid Agreement for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby authorizes the Mayor, on behalf of the City of Clearwater, to execute the “Statewide Mutual Aid Agreement”, a copy of which is attached hereto. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of ____________________, 2018. _________________________ George N. Cretekos Mayor Approved as to form: Attest: _________________________ _________________________ Matt Smith Rosemarie Call Assistant City Attorney City Clerk S T A T E OF F L OR I D A D I V I S I O N O F E M E R G E N C Y M A N A G E M E N T RICK SCOTT WESLEY MAUL Governor Director STATEWIDE MUTUAL AID AGREEMENT This Agreement is between the FLORIDA DIVISION OF EMERGENCY MANAGEMENT (“Division”) and the local government signing this Agreement (the “Participating Parties”). This agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the emergency with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, Chapter 252, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to Chapter 252, the Division has the authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: 1 2 A. The “Agreement” is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement (“SMAA”). B. The “Division” is the Division of Emergency Management C. The “Participating Parties” to this Agreement are the Division and any and all special districts, educational districts, and other local and regional governments signing this Agreement. D. The “Requesting Parties” to this Agreement are Participating Parties who request assistance during an emergency. E. The “Assisting Parties” to this Agreement are Participating Parties who render assistance in an emergency to a Requesting Party. F. The “State Emergency Operations Center” is the facility designated by the State Coordinating Officer to manage and coordinate assistance to local governments during an emergency. G. The “Comprehensive Emergency Management Plan” is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Florida Statutes. H. The “State Coordinating Officer” is the official whom the Governor designates, by Executive Order, to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order, Chapter 252, Florida Statutes, and the State Comprehensive Emergency Management Plan. I. The “Period of Assistance” is the time during which any Assisting Party renders assistance to any Requesting Party in an emergency, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. J. A “special district” is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. 3 K. An “educational district” is any school district within the meaning of section 1001.30, Florida Statutes and any community school and state university within the meaning of section 1000.21, Florida Statutes. L. An “interlocal agreement” is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. M. A “local government” is any educational district or any entity that is a “local governmental entity” within the meaning of section 11.45(1)(e), Florida Statutes. N. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement for a “major” or “catastrophic disaster” as defined in section 252.34, Florida Statutes. If the Participating Party has no other mutual aid agreement that covers a “minor” disaster or other emergencies too extensive to be dealt with unassisted, it may also invoke assistance under this Agreement for a “minor disaster” or other such emergencies. ARTICLE III. Invocation of the Agreement. In the event of an emergency or threatened emergency, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party, or from the Division if, in the judgment of the Requesting Party, its own resources are inadequate to meet the emergency. A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the County Emergency Management Agency of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the emergency for which assistance is requested. 4 B. All requests for assistance under this Agreement shall be transmitted by County Emergency Management Agency of the Requesting Party to either the Division, or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State’s Comprehensive Emergency Management Plan. D. Nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equipment, supplies, services and other resources that are staged by the Division, or by other agencies of the State of Florida, for use in responding to an emergency pending the assignment of such personnel, equipment, supplies, services and other resources to an emergency support function/mission. The documentation, payment, repayment, and reimbursement of all such costs shall be rendered in accordance with the Comprehensive Emergency Management Plan, and general accounting best practices procedures and protocols. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Requesting Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; 5 C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources and capabilities can render assistance. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form B attached to this Agreement, and the completion of Form B by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 6 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. F. The estimated costs of the provision of assistance (use FEMA’s Schedule of Equipment Rates spreadsheet attached to Form B.) ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisor(s) of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) calendar days’ notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equipment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters and other emergencies, the Requesting Party shall be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, it shall to the fullest extent practicable, 7 coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical specifications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. If personnel of the Assisting Party hold local licenses or certifications limited to the county or municipality of issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the support. ARTICLE VII. Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting Party in responding to a request that the Division initiates on its own, and not for another Requesting Party. B. An Assisting Party shall bill the Division or other Requesting Party as soon as practicable, but not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) calendar days shall constitute agreement to the bill and the items on the bill and waive the right to contest the bill. D. If the Division protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the bill or item to the original 8 Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested bill or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested bill or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency (FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. I. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division may waive such repayment for cause. ARTICLE VIII. 9 Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA’s Schedule of Equipment Rates (attached to Form B), or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. 10 C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Division and the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays, except for official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers’ insurance meeting the requirements of the Workers’ Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability coverage for any 11 activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. C. Any Participating Party that is self-insured with respect to any line or lines of insurance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self- insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be submitted in detail sufficient for auditing purposes. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with section 112.061, Florida Statutes, and any applicable 12 requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Division under this Agreement shall be sent to the Director, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form C attached to this Agreement. For the purpose of this Section, any such communication may be sent by the U.S. Mail, e-mail, or by facsimile. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the 13 Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before that date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. F. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, 14 obligations, duties, responsibilities, and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Party may be required to execute the Agreement with the adopted changes. Your continued or subsequent use of this Agreement following the posting of minor changes to this Agreement will mean you accept those changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: On February 26, 2018, this Agreement was modified by the Division of Emergency Management. This document replaces the August 20, 2007 edition of the Statewide Mutual Aid Agreement; however, any and all Agreements previously executed shall remain in full force and effect. Any local government, special district, or educational institution which has yet to execute this Agreement should use the February 26, 2018 edition for the purposes of becoming a signatory. IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: 15 FOR ADOPTION BY A COUNTY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT OF COUNTY, STATE OF FLORIDA By: By: Deputy Clerk Chairman Date: Approved as to Form: By: County Attorney 16 FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: ATTEST: CITY OF CITY CLERK STATE OF FLORIDA By: By: Title: Title: Date: Approved as to Form: By: City Attorney 17 FOR ADOPTION BY AN EDUCATIONAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: STATE OF FLORIDA SCHOOL DISTRICT, By: By: Title: Title: Date: Approved as to Form: By: Attorney for District 18 FOR ADOPTION BY A COMMUNITY COLLEGE OR STATE UNIVERSITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: ATTEST: BOARD OF TRUSTEES OF COMMUNITY COLLEGE, STATE OF FLORIDA BOARD OF TRUSTEES OF UNIVERSITY, STATE OF FLORIDA By: By: Clerk Chairman Date: Approved as to Form: By: Attorney for Board 19 FOR ADOPTION BY A SPECIAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: STATE OF FLORIDA SPECIAL DISTRICT, By: By: Title: Title: Date: Approved as to Form: By: Attorney for District 20 FOR ADOPTION BY AN AUTHORITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: ATTEST: BOARD OF TRUSTEES OF AUTHORITY, STATE OF FLORIDA By: By: Clerk Chairman Date: Approved as to Form: By: Attorney for Board 21 FOR ADOPTION BY A NATIVE AMERICAN TRIBE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: ATTEST: TRIBAL COUNCIL OF THE TRIBE OF FLORIDA By: By: Council Clerk Chairman Date: Approved as to Form: By: Attorney for Council 22 FOR ADOPTION BY A COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director Date: COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA By: By: Title: Title: Date: Approved as to Form: By: Attorney for District Date: 23 FORM C CONTACT INFORMATION FOR AUTHORIZED REPRESENTATIVES Name of Government: Mailing Address: Authorized Representative Contact Information Primary Authorized Representative Name: Title: Address: Day Phone: Facsimile: 1st Alternate Authorized Representative Night Phone: Email: Name: Title: Address: Day Phone: Facsimile: 2nd Alternate Authorized Representative Night Phone: Email: Name: Title: Address: Day Phone: Facsimile: Night Phone: Email: ***PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR*** 24 SAMPLE AUTHORIZING RESOLUTION FOR ADOPTION OF STATEWIDE MUTUAL AID AGREEMENT RESOLUTION NO. WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or it political subdivisions for use in the affected area upon the request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, among political subdivisions within the State; and NOW, THEREFORE, be it resolved by that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached hereto and incorporated by reference. ADOPTED BY: DATE: I certify that the foregoing is an accurate copy of the Resolution adopted by on . BY: TITLE: DATE: Revised: March 2018 Page 1 Attachment 1 STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B PART I TO BE COMPLETED BY THE REQUESTING PARTY Date: Time: HRS (local) Mission No: Point of Contact: Telephone No: E-mail address: Requesting Party: Assisting Party: Incident Requiring Assistance: Type of Assistance/Resources Needed (use Part IV for additional space) Date & Time Resources Needed: Location (address): Approximated Date/Time Resources Released: Authorized Official’s Name: Signature: Title: Agency: PART II TO BE COMPLETED BY THE ASSISTING PARTY Contact Person: Telephone No: E-mail address: Type of Assistance Available: Date & Time Resources Available From: To: Location (address): Approximate Total cost for mission: $ Travel: $ Personnel: $ Equipment & Materials: $ Contract Rental: $ Logistics Required from Requesting Party Yes (Provide information on attached Part IV) No Authorized Official's Name: Title: Date: Signature: Local Mission No: PART III TO BE COMPLETED BY THE REQUESTING PARTY Authorized Official's Name: Title: Signature: Agency: Revised: March 2018 Page 2 PART IV STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B (continued) MISCELLANEOUS ITEMS / OTHER MISSION INFORMATION FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8490 Aerial Lift, Self-Propelled Max. Platform Height 37 ft to 15 Articulated, Telescoping, Scissor.hour $8.25 8491 Aerial Lift, Self-Propelled Max. Platform Height 60 ft to 30 Articulated, Telescoping, Scissor.hour $12.25 8492 Aerial Lift, Self-Propelled Max. Platform Height 70 ft to 50 Articulated, Telescoping, Scissor.hour $21.00 8493 Aerial Lift, Self-Propelled Max. Platform Height 125 ft to 85 Articulated and Telescoping.hour $55.00 8494 Aerial Lift, Self-Propelled Max. Platform Height 150 ft to 130 Articulated and Telescoping.hour $67.00 8486 Aerial Lift, Truck Mntd Max. Platform Height 40 ft Articulated and Telescoping. Add to Truck rate for total rate.hour $6.75 8487 Aerial Lift, Truck Mntd Max. Platform Height 61 ft Articulated and Telescoping. Add to Truck rate for total rate.hour $12.25 8488 Aerial Lift, Truck Mntd Max. Platform Height 80 ft Articulated and Telescoping. Add to Truck rate for total rate.hour $23.50 8489 Aerial Lift, Truck Mntd Max. Platform Height 100 ft Articulated and Telescoping. Add to Truck rate for total rate.hour $34.00 8010 Air Compressor Air Delivery 41 cfm to 10 Hoses included.hour $1.50 8011 Air Compressor Air Delivery 103 cfm to 30 Hoses included.hour $7.00 8012 Air Compressor Air Delivery 130 cfm to 50 Hoses included.hour $9.25 8013 Air Compressor Air Delivery 175 cfm to 90 Hoses included.hour $20.00 8014 Air Compressor Air Delivery 400 cfm to 145 Hoses included.hour $27.50 8015 Air Compressor Air Delivery 575 cfm to 230 Hoses included.hour $45.50 8016 Air Compressor Air Delivery 1100 cfm to 355 Hoses included.hour $51.00 8017 Air Compressor Air Delivery 1600 cfm to 500 Hoses included.hour $80.00 8040 Ambulance to 150 hour $25.50 8041 Ambulance to 210 hour $32.50 8060 Auger, Portable Hole Diameter 16 in to 6 hour $1.30 8061 Auger, Portable Hole Diameter 18 in to 13 hour $3.50 8062 Auger, Tractor Mntd Max. Auger Diameter 36 in to 13 Includes digger, boom and mounting hardware. Add to Tractor rate for total rate.hour $1.30 8063 Auger, Truck Mntd Max. Auger Size 24 in to 100 Includes digger, boom and mounting hardware. Add to Truck rate for total rate.hour $29.00 8070 Automobile to 130 Transporting people.mile $0.50 8071 Automobile to 130 Transporting cargo.hour $13.00 8072 Automobile, Police to 250 Patrolling.mile $0.60 8073 Automobile, Police to 250 Stationary with engine running.hour $16.25 8110 Barge, Deck Size 50'x35'x7.25'hour $34.00 8111 Barge, Deck Size 50'x35'x9'hour $49.00 8112 Barge, Deck Size 120'x45'x10'hour $60.00 8113 Barge, Deck Size 160'x45'x11'hour $75.00 8050 Board, Arrow to 8 Trailer Mounted.hour $3.15 8051 Board, Message to 5 Trailer Mounted.hour $8.50 8133 Boat, Push Size 45'x21'x6'to 435 Flat hull.hour $150.00 8134 Boat, Push Size 54'x21'x6'to 525 Flat hull.hour $200.00 8135 Boat, Push Size 58'x24'x7.5'to 705 Flat hull.hour $250.00 8136 Boat, Push Size 64'x25'x8'to 870 Flat hull.hour $300.00 Information regarding the use of the Schedule is contained in 44 CFR § 206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR § 206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON OR AFTER SEPTEMBER 15, 2010. WASHINGTON, D.C. 20472 The rates on this Schedule of Equipment Rates are for applicant-owned equipment in good mechanical condition, complete with all required attachments. Each rate covers all costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fuel, lubricants, tires, OSHA equipment and other costs incidental to operation. Standby equipment costs are not eligible. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY RECOVERY DIRECTORATE PUBLIC ASSISTANCE DIVISION Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Federal Emergency Management Agency Septmber 15, 2010 Page 1 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8130 Boat, Row Heavy duty.hour $0.85 8131 Boat, Runabout Size 13'x5'to 50 Outboard.hour $14.00 8132 Boat, Tender Size 14'x7'to 100 Inboard with 360 degree drive.hour $26.00 8120 Boat, Tow Size 55'x20'x5'to 870 Steel.hour $250.00 8121 Boat, Tow Size 60'x21'x5'to 1050 Steel.hour $300.00 8122 Boat, Tow Size 70'x30'x7.5'to 1350 Steel.hour $450.00 8123 Boat, Tow Size 120'x34'x8'to 2000 Steel.hour $830.00 8140 Boat, Tug Length 16 ft to 100 hour $33.50 8141 Boat, Tug Length 18 ft to 175 hour $53.00 8142 Boat, Tug Length 26 ft to 250 hour $65.00 8143 Boat, Tug Length 40 ft to 380 hour $150.00 8144 Boat, Tug Length 51 ft to 700 hour $225.00 8419 Breaker, Pavement, Hand-Held Weight 25-90 lb hour $0.65 8420 Breaker, Pavement to 70 hour $31.25 8150 Broom, Pavement Broom Length 72 in to 35 hour $12.30 8151 Broom, Pavement Broom Length 96 in to 100 hour $19.75 8153 Broom, Pavement, Mntd Broom Length 72 in to 18 Add to Prime Mover rate for total rate.hour $6.00 8154 Broom, Pavement, Pull Broom Length 84 in to 20 Add to Prime Mover rate for total rate.hour $10.25 8270 Bucket, Clamshell Capacity 1.0 cy Includes teeth. Does not include Clamshell & Dragline.hour $3.60 8271 Bucket, Clamshell Capacity 2.5 cy Includes teeth. Does not include Clamshell & Dragline.hour $6.75 8272 Bucket, Clamshell Capacity 5.0 cy Includes teeth. Does not include Clamshell & Dragline.hour $11.25 8273 Bucket, Clamshell Capacity 7.5 cy Includes teeth. Does not include Clamshell & Dragline.hour $14.50 8275 Bucket, Dragline Capacity 2.0 cy Does not include Clamshell & Dragline.hour $2.90 8276 Bucket, Dragline Capacity 5.0 cy Does not include Clamshell & Dragline.hour $6.50 8277 Bucket, Dragline Capacity 10 cy Does not include Clamshell & Dragline.hour $10.50 8278 Bucket, Dragline Capacity 14 cy Does not include Clamshell & Dragline.hour $13.50 8180 Bus to 150 hour $20.00 8181 Bus to 210 hour $23.00 8182 Bus to 300 hour $27.00 8190 Chain Saw Bar Length 16 in hour $1.75 8191 Chain Saw Bar Length 25 in hour $3.20 8192 Chain Saw, Pole Bar Size 18 in hour $1.60 8200 Chipper, Brush Chipping Capacity 6 in to 35 Trailer Mounted.hour $7.50 8201 Chipper, Brush Chipping Capacity 9 in to 65 Trailer Mounted.hour $16.00 8202 Chipper, Brush Chipping Capacity 12 in to 100 Trailer Mounted.hour $21.75 8203 Chipper, Brush Chipping Capacity 15 in to 125 Trailer Mounted.hour $30.75 8204 Chipper, Brush Chipping Capacity 18 in to 200 Trailer Mounted.hour $45.50 8210 Clamshell & Dragline, Crawler 149,999 lb to 235 Bucket not included in rate.hour $86.00 8211 Clamshell & Dragline, Crawler 250,000 lb to 520 Bucket not included in rate.hour $121.00 8212 Clamshell & Dragline, Truck to 240 Bucket not included in rate.hour $130.00 8712 Cleaner, Sewer/Catch Basin Hopper Capacity 5 cy Truck Mounted. Add to Truck rate for total rate.hour $16.00 8713 Cleaner, Sewer/Catch Basin Hopper Capacity 14 cy Truck Mounted. Add to Truck rate for total rate.hour $21.50 8220 Compactor to 10 hour $11.00 8221 Compactor, Towed, Vibratory Drum to 45 hour $17.50 8222 Compactor, Vibratory, Drum to 75 hour $25.00 8223 Compactor, Pneumatic, Wheel to 100 hour $29.00 8225 Compactor, Sanitation to 300 hour $96.00 8226 Compactor, Sanitation to 400 hour $163.00 8227 Compactor, Sanitation to 535 hour $225.00 8228 Compactor, Towed, Pneumatic, Wheel 10000 lb Add to Prime Mover rate for total rate.hour $7.50 Federal Emergency Management Agency Septmber 15, 2010 Page 2 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8229 Compactor, Towed, Drum Static 20000 lb Add to Prime Mover rate for total rate.hour $12.25 8500 Crane Max. Lift Capacity 8 MT to 80 hour $27.00 8501 Crane Max. Lift Capacity 15 MT to 150 hour $55.00 8502 Crane Max. Lift Capacity 50 MT to 200 hour $95.00 8503 Crane Max. Lift Capacity 70 MT to 300 hour $155.00 8504 Crane Max. Lift Capacity 110 MT to 350 hour $220.00 8496 Crane, Truck Mntd Max. Lift Capacity 24000 lb Add to Truck rate for total rate.hour $10.00 8497 Crane, Truck Mntd Max. Lift Capacity 36000 lb Add to Truck rate for total rate.hour $16.00 8498 Crane, Truck Mntd Max. Lift Capacity 60000 lb Add to Truck rate for total rate.hour $30.00 8195 Cutter, Brush Cutter Size 8 ft to 150 hour $90.00 8196 Cutter, Brush Cutter Size 8 ft to 190 hour $100.00 8197 Cutter, Brush Cutter Size 10 ft to 245 hour $120.00 8670 Derrick, Hydraulic Digger Max. Boom Length 60 ft Includes hydraulic pole alignment attachment. Add to Truck rate.hour $21.00 8671 Derrick, Hydraulic Digger Max. Boom Length 90 ft Includes hydraulic pole alignment attachment. Add to Truck rate.hour $39.00 8580 Distributor, Asphalt Tank Capacity 500 gal Trailer Mounted. Includes burners, insulated tank, and circulating spray bar.hour $12.00 8581 Distributor, Asphalt Tank Capacity 1000 gal Truck Mounted. Includes burners, insulated tank, and circulating spray bar. Add to Truck rate.hour $13.00 8582 Distributor, Asphalt Tank Capacity 4000 gal Truck Mounted. Includes burners, insulated tank, and circulating spray bar. Add to Truck rate.hour $25.00 8250 Dozer, Crawler to 75 hour $31.00 8251 Dozer, Crawler to 105 hour $40.00 8252 Dozer, Crawler to 160 hour $65.00 8253 Dozer, Crawler to 250 hour $80.00 8254 Dozer, Crawler to 360 hour $135.00 8255 Dozer, Crawler to 565 hour $250.00 8256 Dozer, Crawler to 850 hour $340.00 8260 Dozer, Wheel to 300 hour $55.00 8261 Dozer, Wheel to 400 hour $110.00 8262 Dozer, Wheel to 500 hour $150.00 8263 Dozer, Wheel to 625 hour $200.00 8280 Excavator, Hydraulic Bucket Capacity 0.5 cy to 45 Crawler, Truck & Wheel. Includes bucket.hour $18.00 8281 Excavator, Hydraulic Bucket Capacity 1.0 cy to 90 Crawler, Truck & Wheel. Includes bucket.hour $39.00 8282 Excavator, Hydraulic Bucket Capacity 1.5 cy to 160 Crawler, Truck & Wheel. Includes bucket.hour $65.00 8283 Excavator, Hydraulic Bucket Capacity 2.5 cy to 265 Crawler, Truck & Wheel. Includes bucket.hour $120.00 8284 Excavator, Hydraulic Bucket Capacity 4.5 cy to 420 Crawler, Truck & Wheel. Includes bucket.hour $200.00 8285 Excavator, Hydraulic Bucket Capacity 7.5 cy to 650 Crawler, Truck & Wheel. Includes bucket.hour $240.00 8286 Excavator, Hydraulic Bucket Capacity 12 cy to 1000 Crawler, Truck & Wheel. Includes bucket.hour $400.00 8240 Feeder, Grizzly to 35 hour $17.00 8241 Feeder, Grizzly to 55 hour $30.00 8242 Feeder, Grizzly to 75 hour $44.00 8300 Fork Lift Capacity 6000 lb to 60 hour 11,75 8301 Fork Lift Capacity 12000 lb to 90 hour $17.00 8302 Fork Lift Capacity 18000 lb to 140 hour $23.00 8303 Fork Lift Capacity 50000 lb to 215 hour $50.00 8310 Generator Prime Output 5.5 kW to 10 hour $3.25 8311 Generator Prime Output 16 kW to 25 hour $8.00 8312 Generator Prime Output 43 kW to 65 hour $17.00 8313 Generator Prime Output 100 kW to 125 hour $34.00 8314 Generator Prime Output 150 kW to 240 hour $50.00 8315 Generator Prime Output 210 kW to 300 hour $60.00 8316 Generator Prime Output 280 kW to 400 hour $85.00 Federal Emergency Management Agency Septmber 15, 2010 Page 3 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8317 Generator Prime Output 350 kW to 500 hour $95.00 8318 Generator Prime Output 530 kW to 750 hour $150.00 8319 Generator Prime Output 710 kW to 1000 hour $200.00 8320 Generator Prime Output 1100 kW to 1500 hour $375.00 8321 Generator Prime Output 2500 kW to 3000 hour $500.00 8755 Golf Cart Capacity 2 person hour $3.20 8330 Graders Moldboard Size 10 ft to 110 Includes Rigid and Articulate hour $34.50 8331 Graders Moldboard Size 12 ft to 150 Includes Rigid and Articulate hour $58.00 8332 Graders Moldboard Size 14 ft to 225 Includes Rigid and Articulate hour $70.00 8350 Hose, Discharge Diameter 3 in Per 25 foot length. Includes couplings.hour $0.13 8351 Hose, Discharge Diameter 4 in Per 25 foot length. Includes couplings.hour $0.19 8352 Hose, Discharge Diameter 6 in Per 25 foot length. Includes couplings.hour $0.50 8353 Hose, Discharge Diameter 8 in Per 25 foot length. Includes couplings.hour $0.75 8354 Hose, Discharge Diameter 12 in Per 25 foot length. Includes couplings.hour $1.35 8355 Hose, Discharge Diameter 16 in Per 25 foot length. Includes couplings.hour $2.20 8356 Hose, Suction Diameter 3 in Per 25 foot length. Includes couplings.hour $0.23 8357 Hose, Suction Diameter 4 in Per 25 foot length. Includes couplings.hour $0.43 8358 Hose, Suction Diameter 6 in Per 25 foot length. Includes couplings.hour $0.90 8359 Hose, Suction Diameter 8 in Per 25 foot length. Includes couplings.hour $1.35 8360 Hose, Suction Diameter 12 in Per 25 foot length. Includes couplings.hour $2.45 8361 Hose, Suction Diameter 16 in Per 25 foot length. Includes couplings.hour $3.90 8517 Jackhammer (Dry)Weight Class 25-45 lb hour $1.00 8518 Jackhammer (Wet)Weight Class 30-55 lb hour $1.15 8380 Loader, Crawler Bucket Capacity 0.5 cy to 32 Includes bucket.hour $11.50 8381 Loader, Crawler Bucket Capacity 1 cy to 60 Includes bucket.hour $19.00 8382 Loader, Crawler Bucket Capacity 2 cy to 118 Includes bucket.hour $42.00 8383 Loader, Crawler Bucket Capacity 3 cy to 178 Includes bucket.hour $76.00 8384 Loader, Crawler Bucket Capacity 4 cy to 238 Includes bucket.hour $115.00 8540 Loader, Skid-Steer Operating Capacity 1000 lb to 35 hour $11.00 8541 Loader, Skid-Steer Operating Capacity 2000 lb to 65 hour $18.00 8542 Loader, Skid-Steer Operating Capacity 3000 lb to 85 hour $22.00 8401 Loader, Tractor, Wheel to 81 hour $25.00 8390 Loader, Wheel Bucket Capacity 0.5 cy to 38 hour $15.50 8391 Loader, Wheel Bucket Capacity 1 cy to 60 hour $21.50 8392 Loader, Wheel Bucket Capacity 2 cy to 105 hour $28.75 8393 Loader, Wheel Bucket Capacity 3 cy to 152 hour $40.00 8394 Loader, Wheel Bucket Capacity 4 cy to 200 hour $52.00 8395 Loader, Wheel Bucket Capacity 5 cy to 250 hour $66.00 8396 Loader, Wheel Bucket Capacity 6 cy to 305 hour $82.00 8397 Loader, Wheel Bucket Capacity 7 cy to 360 hour $95.00 8398 Loader, Wheel Bucket Capacity 8 cy to 530 hour $140.00 8570 Loader-Backhoe, Wheel Loader Bucket Capacity 0.5 cy to 40 Loader and Backhoe Buckets included.hour $14.75 8571 Loader-Backhoe, Wheel Loader Bucket Capacity 1 cy to 70 Loader and Backhoe Buckets included.hour $23.50 8572 Loader-Backhoe, Wheel Loader Bucket Capacity 1.5 cy to 95 Loader and Backhoe Buckets included.hour $33.00 8573 Loader-Backhoe, Wheel Loader Bucket Capacity 1.75 cy to 115 Loader and Backhoe Buckets included.hour $38.00 8410 Mixer, Concrete Portable Batching Capacity 10 cft hour $3.25 8411 Mixer, Concrete Portable Batching Capacity 12 cft hour $4.25 8412 Mixer, Concrete, Trailer Mntd Batching Capacity 11 cft to 10 hour $8.75 8413 Mixer, Concrete, Trailer Mntd Batching Capacity 16 cft to 25 hour $15.25 8075 Motorcycle, Police mile $0.35 8633 Mulcher, Trailer Mntd Working Capacity 7 tph to 35 hour $10.25 8634 Mulcher, Trailer Mntd Working Capacity 10 tph to 55 hour $15.75 8635 Mulcher, Trailer Mntd Working Capacity 20 tph to 120 hour $24.75 8430 Paver, Asphalt, Towed Does not include Prime Mover.hour $7.00 8431 Paver, Asphalt to 50 Includes wheel and crawler equipment.hour $65.00 8432 Paver, Asphalt to 125 Includes wheel and crawler equipment.hour $115.00 8433 Paver, Asphalt to 175 Includes wheel and crawler equipment.hour $125.00 8434 Paver, Asphalt to 250 Includes wheel and crawler equipment.hour $140.00 8436 Pick-up, Asphalt to 110 hour $55.00 8437 Pick-up, Asphalt to 150 hour $83.00 8438 Pick-up, Asphalt to 200 hour $110.00 8439 Pick-up, Asphalt to 275 hour $140.00 8660 Plow, Cable Plow Depth 24 in to 30 hour $10.25 Federal Emergency Management Agency Septmber 15, 2010 Page 4 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8661 Plow, Cable Plow Depth 36 in to 65 hour $27.75 8662 Plow, Cable Plow Depth 48 in to 110 hour $31.75 8450 Plow, Snow, Grader Mntd Width to 10 ft Add to Grader for total rate.hour $16.00 8451 Plow, Snow, Grader Mntd Width to 14 ft Add to Grader for total rate.hour $24.00 8452 Plow, Snow, Truck Mntd Width to 15 ft Add to Truck rate for total rate.hour $10.75 8453 Plow, Snow, Truck Mntd Width to 15 ft With leveling wing. Add to Truck rate for total rate.hour $18.50 8470 Pump to 4 Does not include Hoses.hour $2.15 8471 Pump to 6 Does not include Hoses.hour $3.20 8472 Pump to 10 Does not include Hoses.hour $4.10 8473 Pump to 15 Does not include Hoses.hour $7.75 8474 Pump to 25 Does not include Hoses.hour $9.25 8475 Pump to 40 Does not include Hoses.hour $16.00 8476 Pump to 60 Does not include Hoses.hour $18.75 8477 Pump to 95 Does not include Hoses.hour $26.50 8478 Pump to 140 Does not include Hoses.hour $31.00 8479 Pump to 200 Does not include Hoses.hour $36.00 8480 Pump to 275 Does not include Hoses.hour $80.00 8481 Pump to 350 Does not include Hoses.hour $95.00 8482 Pump to 425 Does not include Hoses.hour $120.00 8483 Pump to 500 Does not include Hoses.hour $135.00 8484 Pump to 575 Does not include Hoses.hour $155.00 8485 Pump to 650 Does not include Hoses.hour $180.00 8510 Saw, Concrete Blade Diameter 14 in to 14 hour $6.00 8511 Saw, Concrete Blade Diameter 26 in to 35 hour $13.50 8512 Saw, Concrete Blade Diameter 48 in to 65 hour $23.00 8513 Saw, Rock to 100 hour $30.00 8514 Saw, Rock to 200 hour $60.00 8521 Scraper Scraper Capacity 16 cy to 250 hour $90.00 8522 Scraper Scraper Capacity 23 cy to 365 hour $130.00 8523 Scraper Scraper Capacity 34 cy to 475 hour $200.00 8524 Scraper Scraper Capacity 44 cy to 600 hour $240.00 8560 Snow Blower Capacity 2,000 tph to 400 hour $140.00 8561 Snow Blower Capacity 2,500 tph to 500 hour $160.00 8562 Snow Blower Capacity 3,500 tph to 600 hour $180.00 8550 Snow Blower, Truck Mntd Capacity 600 tph to 75 Does not include Truck.hour $37.50 8551 Snow Blower, Truck Mntd Capacity 1400 tph to 200 Does not include Truck.hour $70.00 8552 Snow Blower, Truck Mntd Capacity 2000 tph to 340 Does not include Truck.hour $110.00 8553 Snow Blower, Truck Mntd Capacity 2500 tph to 400 Does not include Truck.hour $120.00 8558 Snow Thrower, Walk Behind Cutting Width 25 in to 5 hour $3.25 8559 Snow Thrower, Walk Behind Cutting Width 60 in to 15 hour $7.00 8630 Sprayer, Seed Working Capacity 750 gal to 30 Trailer & Truck mounted. Does not include Prime Mover.hour $9.75 8631 Sprayer, Seed Working Capacity 1250 gal to 50 Trailer & Truck mounted. Does not include Prime Mover.hour $15.00 8632 Sprayer, Seed Working Capacity 3500 gal to 115 Trailer & Truck mounted. Does not include Prime Mover.hour $25.75 8458 Spreader, Chemical Capacity 5 cy to 4 Trailer & Truck mounted. Does not hour $4.00 8423 Spreader, Chip Spread Hopper Width 12.5 ft to 152 hour $50.00 8424 Spreader, Chip Spread Hopper Width 16.5 ft to 215 hour $80.00 8425 Spreader, Chip, Mntd Hopper Size 8 ft to 8 Trailer & Truck mounted.hour $3.30 8455 Spreader, Sand Mounting Tailgate, Chassis hour $3.30 8456 Spreader, Sand Mounting Dump Body hour $5.50 8457 Spreader, Sand Mounting Truck (10 yd)hour $7.50 8440 Striper Paint Capacity 40 gal to 22 hour $8.75 8441 Striper Paint Capacity 90 gal to 60 hour $19.00 8442 Striper Paint Capacity 120 gal to 122 hour $37.00 8445 Striper, Truck Mntd Paint Capacity 120 gal to 460 hour $70.00 8446 Striper, Walk-behind Paint Capacity 12 gal hour $3.35 8157 Sweeper, Pavement to 110 hour $59.00 8158 Sweeper, Pavement to 230 hour $74.00 8590 Trailer, Dump Capacity 20 cy Does not include Prime Mover.hour $8.00 Federal Emergency Management Agency Septmber 15, 2010 Page 5 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8591 Trailer, Dump Capacity 30 cy Does not include Prime Mover.hour $14.00 8600 Trailer, Equipment Capacity 30 ton hour $10.25 8601 Trailer, Equipment Capacity 40 ton hour $12.50 8602 Trailer, Equipment Capacity 60 ton hour $15.00 8603 Trailer, Equipment Capacity 120 ton hour $25.00 8640 Trailer, Office Trailer Size 8' x 24'hour $1.70 8641 Trailer, Office Trailer Size 8' x 32'hour $1.75 8642 Trailer, Office Trailer Size 10' x 32'hour $2.60 8610 Trailer, Water Tank Capacity 4000 gal Includes a centrifugal pump with sump and a rear spraybar.hour $11.00 8611 Trailer, Water Tank Capacity 6000 gal Includes a centrifugal pump with sump and a rear spraybar.hour $14.00 8612 Trailer, Water Tank Capacity 10000 gal Includes a centrifugal pump with sump and a rear spraybar.hour $16.50 8613 Trailer, Water Tank Capacity 14000 gal Includes a centrifugal pump with sump and a rear spraybar.hour $20.50 8650 Trencher to 40 Walk-behind, Crawler & Wheel Mounted. Chain and Wheel.hour $11.75 8651 Trencher to 85 Walk-behind, Crawler & Wheel Mounted. Chain and Wheel.hour $25.00 8290 Trowel, Concrete Diameter 48 in to 12 hour $4.50 8680 Truck, Concrete Mixer Mixer Capacity 13 cy to 300 hour $75.00 8720 Truck, Dump Struck Capacity 8 cy to 220 hour $35.00 8721 Truck, Dump Struck Capacity 10 cy to 320 hour $45.00 8722 Truck, Dump Struck Capacity 12 cy to 400 hour $60.00 8723 Truck, Dump Struck Capacity 18 cy to 400 hour $65.00 8724 Truck, Dump, Off Struck Capacity 28 cy to 450 hour $105.00 8690 Truck, Fire Pump Capacity 1000 gpm hour $70.00 8691 Truck, Fire Pump Capacity 1250 gpm hour $80.00 8692 Truck, Fire Pump Capacity 1500 gpm hour $85.00 8693 Truck, Fire Pump Capacity 2000 gpm hour $90.00 8694 Truck, Fire Ladder Ladder length 75 ft hour $125.00 8695 Truck, Fire Ladder Ladder length 150 ft hour $150.00 8700 Truck, Flatbed Maximum Gvw 15000 lb to 200 hour $20.00 8701 Truck, Flatbed Maximum Gvw 25000 lb to 275 hour $22.00 8702 Truck, Flatbed Maximum Gvw 30000 lb to 300 hour $25.00 8703 Truck, Flatbed Maximum Gvw 45000 lb to 380 hour $43.00 8730 Truck, Garbage Capacity 25 cy to 255 hour $47.00 8731 Truck, Garbage Capacity 32 cy to 325 hour $55.00 8800 Truck, Pickup Transporting people.mile $0.50 8801 Truck, Pickup ½ ton hour $14.00 8802 Truck, Pickup 1 ton hour $20.00 8803 Truck, Pickup 1¼ ton hour $22.00 8804 Truck, Pickup 1½ ton hour $25.00 8805 Truck, Pickup 1¾ ton hour $30.00 8790 Truck, Tractor 4 x 2 30000 lb to 220 hour $32.00 8791 Truck, Tractor 4 x 2 45000 lb to 310 hour $45.00 8792 Truck, Tractor 6 x 4 50000 lb to 400 hour $55.00 8780 Truck, Water Tank Capacity 2500 gal to 175 Include pump and rear spray system.hour $31.00 8781 Truck, Water Tank Capacity 4000 gal to 250 Include pump and rear spray system.hour $42.00 8620 Tub Grinder to 440 hour $85.00 8621 Tub Grinder to 630 hour $120.00 8622 Tub Grinder to 760 hour $150.00 8623 Tub Grinder to 1000 hour $270.00 8753 Vehicle, Recreational to 10 hour $3.00 8750 Vehicle, Small to 30 hour $7.00 8761 Vibrator, Concrete to 4 hour $1.15 8770 Welder, Portable to 16 Includes ground cable and lead cable.hour $5.00 8771 Welder, Portable to 34 Includes ground cable and lead cable.hour $11.50 8772 Welder, Portable to 50 Includes ground cable and lead cable.hour $16.00 8773 Welder, Portable to 80 Includes ground cable and lead cable.hour $22.00 Federal Emergency Management Agency Septmber 15, 2010 Page 6 of 6 Mutual Aid Branch THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Alonna E. Vinson Mutual Aid Branch Director April 3, 2018 Agenda •Emergency Management Assistance Compact (EMAC) & Florida Statewide Mutual Aid Agreement (SMAA) •2017 in Review •SMAA Revisions •Training Opportunities •Florida Fire Chief’s Association Mutual Aid Plan •John Kohnke with of 4/9 •Florida Sheriff’s Association Mutual Aid Plan •Florida Sheriff’s Association •Federal Resource Request Form (RRF) •Paul R. Williams of FEMA THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT •Administered by the National Emergency Management Association (NEMA) & implemented by the participating parties •A streamlined process for state-to-state assistance •Uses the EMAC Operating System (EOS) to process and document Requests for Assistance THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT •Developed in 2001 and revised in 2018 •Agreement is adopted by all 67 counties in Florida and has over 700 signatories •A mechanism for mutual aid throughout the state •Agreement does not expire THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT SMAA EMAC & SMAA •State -to-State •REQ -A •EOS •Resources within Florida •Form B •EMConstellation/WebEOC THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Requesting Party County Emergency Management Agency State Emergency Management Agency Assisting Party SMAA Statewide Mutual Aid Agreement Requesting Agency Requesting State’s Emergency Management Agency EMAC Operations System (EOS) Assisting State’s Emergency Management Agency Resource Provider Mutual Aid Training Opportunities •Focus will be on requesting resources through mutual aid •Specifics about Mutual Aid Programs in Florida •April 10th 8am to 12pm •April 12th 1pm to 5pm •Both training opportunities are in SERT Trac THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2017 In Review •Hurricane Maria •SMAA: 6 requests completed •SMAA is also being used to reimburse counties and entities that incurred expenses related to services provided to evacuees •EMAC: 6 requests completed THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT •Hurricane Irma •SMAA: 12 requests completed •EMAC: 117 requests completed •Tropical Storm Nate •SMAA: 1 request completed •Hurricane Harvey •EMAC: 4 requests completed 2018 Updates •SMAA Agreement 2018 Edition •Allows SMAA to be used for smaller events •Update agreements with the Counties are needed to keep the agreement up to date THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Form B Update THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Florida Fire Chief’s Association Mutual Aid Plan John P. Kohnke ESF 4/9 Emergency Coordinating Officer THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Florida Sheriff’s Association Mutual Aid Plan THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Federal Resource Request Form (RRF) Paul R. Williams FEMA THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Federal Resource Requests THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-04005 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3072 Glen Oak Avenue, 3024 Lake Vista Drive, 3047 and 3052 Merrill Avenue and 511 Moss Avenue 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 3132 San Jose Street, and pass Ordinances 9152-18, 9153-18, and 9154-18 on first reading. (ANX2018-04005) SUMMARY: These voluntary annexation petitions involve 1.37 acres consisting of six 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 3132 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 annexation is 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 this property 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 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 Page 1 City of Clearwater Printed on 5/14/2018 File Number: ANX2018-04005 urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation for 3072 Glen Oak Avenue, 3024 Lake Vista Avenue, 3047 and 3052 Merrill Avenue and 511 Moss Avenue. This designation primarily permits residential uses at a density of 5 units per acre. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation for 3132 San Jose Street. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to all properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed 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 properties proposed for annexation are contiguous to existing city boundaries on at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2018 Ordinance No. 9152-18 ORDINANCE NO. 9152-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE EAST AND WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3072 GLEN OAK AVENUE, 3024 LAKE VISTA DRIVE, 3047 AND 3052 MERRILL AVENUE, 511 MOSS AVENUE AND 3132 SAN JOSE STREET, 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 properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions (ANX2018-04005) 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. 9152-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions Address Parcel # Owner Legal Description 3072 Glen Oak Ave 09‐29‐16‐45126‐003‐ 0130 Wayne S. Ritchie, Adrienne Ritchie Kapok Terrace Sub Blk C, Lot 13 and Lot 14 less W 35 Ft 3024 Lake Vista Dr 09‐29‐16‐45126‐005‐ 0090 Cynthia J. Seats Kapok Terrace Sub Blk E, Lot 9 3047 Merrill Ave 09‐29‐16‐45144‐009‐ 0070 Protected Kapok Terrace 1st Add Blk I, Lot 7 3052 Merrill Ave 09‐29‐16‐45126‐001‐ 0130 Farhad Norozzy & Giti Sabethemmatabadi Kapok Terrace Sub Blk A, Lot 13 511 Moss Ave 09‐29‐16‐45144‐009‐ 0090 Charles P. & Consuelo B. Blickle Kapok Terrace 1st Add Blk I, Lot 9 3132 San Jose St 09‐29‐16‐20808‐000‐ 0550 Sean J. & Amber J. Hackett Del Oror Gardens Lot 55 Exhibit B 184 45108 29 30 31 32 33 34 35 36 37 38 6060608080808060 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60202 198 20060 606060606020808 45126 05311 C E C D B A I 234 5 6 7 8 9 10 11 121314151617181920 123456 9 10 11 12 13 14 123456 7 8 9 10 11 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 234567891 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 JKLMN 1 12 1 2 3 32/01 31/01 5 1.57 A C(C) A C(C)MADERA AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE THOMAS RD GRAND VIEW AVE SAN MATEO ST GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N 932 920 906 808 7 1 2 816 800 601 808 911 923 900917 8 0 1 7 0 8 809 801 815 707 924 907 900 807 510 600 31543108308031243137305030363118312531123077313631313142308330573026313031373044916914 912 910 908 904 6 901 8 0 0 7 608 602 915 607 701 511 824 9 70830693035 30583131306130343059303030533041304230363059304731203040306430763021312530713135307231313136304730603053304130473071303130553035306530493029313231143119304130583041313031423041312630703136304031133107311330483052302431363020307730813040304630473024306330301 3052306430463075311930763074306530703053303531003132313731423040307931023085304631243136-Not to Scale--Not a Survey-Rev. XX/XX/XX PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2018-04005 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: See attached Exhibit A From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) Ordinance No. 9153-18 ORDINANCE NO. 9153-18 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 1/4 MILE EAST AND WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3072 GLEN OAK AVENUE, 3024 LAKE VISTA DRIVE, 3047 AND 3052 MERRILL AVENUE, AND 511 MOSS AVENUE , ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), AND 3132 SAN JOSE STREET WITHIN CLEARWATER, FLORIDA 33759, AS RESIDENTIAL URBAN (RU), UPON ANNEXATION INTO THE CITY OF CLEARWATER; 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) (ANX2018-04005) 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. 9152-18. Ordinance No. 9153-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions Address Parcel # Owner Legal Description 3072 Glen Oak Ave 09‐29‐16‐45126‐003‐ 0130 Wayne S. Ritchie, Adrienne Ritchie Kapok Terrace Sub Blk C, Lot 13 and Lot 14 less W 35 Ft 3024 Lake Vista Dr 09‐29‐16‐45126‐005‐ 0090 Cynthia J. Seats Kapok Terrace Sub Blk E, Lot 9 3047 Merrill Ave 09‐29‐16‐45144‐009‐ 0070 Protected Kapok Terrace 1st Add Blk I, Lot 7 3052 Merrill Ave 09‐29‐16‐45126‐001‐ 0130 Farhad Norozzy & Giti Sabethemmatabadi Kapok Terrace Sub Blk A, Lot 13 511 Moss Ave 09‐29‐16‐45144‐009‐ 0090 Charles P. & Consuelo B. Blickle Kapok Terrace 1st Add Blk I, Lot 9 3132 San Jose St 09‐29‐16‐20808‐000‐ 0550 Sean J. & Amber J. Hackett Del Oror Gardens Lot 55 Exhibit B 184 45108 29 30 31 32 33 34 35 36 37 38 6060608080808060 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60202 198 20060 606060606020808 45126 05311 C E C D B A I 234 5 6 7 8 9 10 11 121314151617181920 123456 9 10 11 12 13 14 123456 7 8 9 10 11 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 234567891 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 JKLMN 1 12 1 2 3 32/01 31/01 5 1.57 A C(C) A C(C) RL CG RU RL RL RU RL RL RH RU CG RH I RU RL RL RU RL RL RL RL RL RL RL MADERA AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE THOMAS RD GRAND VIEW AVE SAN MATEO ST GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N 932 906 816 800 601 808 923 917 8 0 1 809 801 815 707 924 907 900 807 600 315431083137305031253136313130833026313031373044920 916914912 910908 904 6 901 8 0 0 808 7 1 2 7 608 911 602 900 915 607 7 0 8 701 511 824 9 708 510 30693035305831313061303430593030305330413042308030363059304731203040306430763021312531243071313530723036313131363047306030533041304730713031305531183035306531123049307730293132311431193041305830413130314230413126307031363040311331073113304830523024313630203142307730813040304630473024306330301 30523064304630753119305730763074306530703053303531003132313731423040307931023085304631243136-Not to Scale--Not a Survey-Rev. XX/XX/XX FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2018-04005 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: See attached Exhibit A From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) Ordinance No. 9154-18 ORDINANCE NO. 9154-18 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 1/4 MILE EAST AND WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3072 GLEN OAK AVENUE, 3024 LAKE VISTA DRIVE, 3047 AND 3052 MERRILL AVENUE, AND 511 MOSS AVENUE AND 3132 SAN JOSE STREET, 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. 9152-18. Property Zoning District See Exhibit A for Legal Description Low Medium Density Residential (LMDR) (ANX2018-04005) Ordinance No. 9154-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions Address Parcel # Owner Legal Description 3072 Glen Oak Ave 09‐29‐16‐45126‐003‐ 0130 Wayne S. Ritchie, Adrienne Ritchie Kapok Terrace Sub Blk C, Lot 13 and Lot 14 less W 35 Ft 3024 Lake Vista Dr 09‐29‐16‐45126‐005‐ 0090 Cynthia J. Seats Kapok Terrace Sub Blk E, Lot 9 3047 Merrill Ave 09‐29‐16‐45144‐009‐ 0070 Protected Kapok Terrace 1st Add Blk I, Lot 7 3052 Merrill Ave 09‐29‐16‐45126‐001‐ 0130 Farhad Norozzy & Giti Sabethemmatabadi Kapok Terrace Sub Blk A, Lot 13 511 Moss Ave 09‐29‐16‐45144‐009‐ 0090 Charles P. & Consuelo B. Blickle Kapok Terrace 1st Add Blk I, Lot 9 3132 San Jose St 09‐29‐16‐20808‐000‐ 0550 Sean J. & Amber J. Hackett Del Oror Gardens Lot 55 Exhibit B 184 45108 29 30 31 32 33 34 35 36 37 38 6060608080808060 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60202 198 20060 606060606020808 45126 05311 C E C D B A I 234 5 6 7 8 9 10 11 121314151617181920 123456 9 10 11 12 13 14 123456 7 8 9 10 11 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 234567891 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 JKLMN 1 12 1 2 3 32/01 31/01 5 1.57 A C(C) A C(C)MADERA AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE THOMAS RD GRAND VIEW AVE SAN MATEO ST GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N C LMDR HDR I 932 920 906 7 1 2 816 800 601 808 923 900917 8 0 1 809 801 815 707 924 907 900 807 510 600 315431083124313730503036311831253136313130833026313031373044LDR OS/R 916914912 910908 904 6 901 8 0 0 808 7 608 911 602 915 607 7 0 8 701 511 824 9 70830693035 305831313061303430593030305330413042308030363059304731203040306430763021312530713135307231313136304730603053304130473071303130553035306531123049307730293132311431193041305830413130314230413126307031363040311331073113304830523024313630203142307730813040304630473024306330301 30523064304630753119305730763074306530703053303531003132313731423040307931023085304631243136-Not to Scale--Not a Survey-Rev. XX/XX/XX ZONING MAP Owner(s): Multiple Owners Case: ANX2018-04005 Site: Multiple Addresses - See Exhibit A Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: See attached Exhibit A From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN MONTEREY AVE HOYT AVE SAN JOSE ST GRAND VIEW AVE BORDEAUX LN SAN PEDRO ST WOLFE RD GLEN OAK AVE N THOMAS RD SAN MATEO ST CALAIS LN TE R R A C E V IE W LN GLEN OAK AVE ESAN BERNADINO ST SAN MATEO ST ^-Not to Scale--Not a Survey-Rev. XX/XX/XX ^ ^ ^^ ^ LOCATION MAP Owner(s): Multiple Owners Case: ANX2018-04005 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: See attached Exhibit A From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) MADERA AVE MADERA AVE MOSS AVE MOSS AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD MERRILL AVE MERRILL AVE THOMAS RD THOMAS RD GRAND VIEW AVE GRAND VIEW AVE SAN MATEO ST SAN MATEO 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 JOSE ST SAN JOSE ST -Not to Scale--Not a Survey-Rev. XX/XX/XX AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2018-04005 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: See attached Exhibit A From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) 184 45108 29 30 31 32 33 34 35 36 37 38 6060608080808060 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60202 198 20060 606060606020808 45126 05311 C E C D B A I 234 5 6 7 8 9 10 11 121314151617181920 123456 9 10 11 12 13 14 123456 7 8 9 10 11 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 234567891 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 JKLMN 1 12 1 2 3 32/01 31/01 5 1.57 A C(C) A C(C)MADERA AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE THOMAS RD GRAND VIEW AVE SAN MATEO ST GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N 932 920 906 808 7 1 2 816 800 601 808 911 923 900917 8 0 1 7 0 8 809 801 815 707 924 907 900 807 510 600 31543108308031243137305030363118312531123077313631313142308330573026313031373044916914 912 910 908 904 6 901 8 0 0 7 608 602 915 607 701 511 824 9 70830693035 30583131306130343059303030533041304230363059304731203040306430763021312530713135307231313136304730603053304130473071303130553035306530493029313231143119304130583041313031423041312630703136304031133107311330483052302431363020307730813040304630473024306330301 3052306430463075311930763074306530703053303531003132313731423040307931023085304631243136-Not to Scale--Not a Survey-Rev. XX/XX/XX EXISTING SURROUNDING USES MAP Owner(s): Multiple Case: ANX2018-04005 Site: Multiple Property Size(Acres): ROW (Acres): 1.37 acres Land Use Zoning PIN: Multiple From : Residential Low (RL) & Residential Urban(RU) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) & Residential Urban(RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales & Services Multi Family Residential Retail Sales & Services Single Family Residential View looking north at the subject property, 3072 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-04005 Wayne S. Ritchie, Adrienne Ritchie 3072 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property, 3024 Lake Vista Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-04005 Cynthia J. Seats 3024 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking south at the subject property, 3047 Merrill Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-04005 3047 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue View looking north at the subject property, 3052 Merrill Avenue East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-04005 Farhad Norozzy, Giti Sabethemmatabadi 3052 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue View looking east at the subject property, 511 Moss Avenue Across the street, to the north of the subject property Across the street, to the west of the subject property South of the subject property ANX2018-04005 Charles P & Consuelo B. Blickle 511 Moss Avenue View looking southerly along Moss Avenue View looking northerly along Moss Avenue View looking north at the subject property, 3132 San Jose Street East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-04005 Sean J. & Amber J. Hackett 3132 San Jose Street View looking easterly along San Jose Street View looking westerly along San Jose Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4583 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Ratify and Confirm a Blanket Purchase Order increase to USA Bluebook in the amount of $39,500 to process invoices totaling $35,265.54 for operating materials and chemicals purchased for Wastewater Reclamation Facilities Marshall Street, Northeast, East and the Water Treatment Plants RO1, RO2, WTP 3, Water Distribution and Wastewater Collections and authorize the appropriate officials to execute same. SUMMARY: USA Bluebook Blanket Purchase Order (BPO) BR512287 original amount of $99,000.00 with the increase of $39,500 the BPO is over $100,000.00 and requires council authorization. BPO BR512287 is used for various operating supplies for Public Utilities and purchases are under $2,500.00. The Department purchased operations and maintenance related chemicals, equipment and other products from USA Bluebook to support the operations and maintenance divisions. The purchasing needs were greater than estimated when the last BPO was issued. APPROPRIATION CODE AND AMOUNT: 4211353-550400 $190.00 4211354-550400 $4,000.00 4211355-550400 $10,000.00 4211356-550400 $10,000.00 4212051-550400 $2,000.00 4212056-550400 $8,500.00 4212057-550400 $4,810.00 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4584 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Ratify and confirm a Blanket Purchase Order increase to Xylem Water Solutions in the amount of $90,000.00 to process invoices totaling $85,574.80 for various pumps and repairs. SUMMARY: City Council on May 5, 2016 approved Blanket Purchase Order BR511653-2 for an annual amount of $200,000 with the option for two, one-year term extensions for the purchase of Flygt Pumps, replacement parts, and factory authorized service effective June 2, 2016. In accordance with City Code Section 2.564 (1)(b), Exceptions to Bidding, Xylem has been determined a sole source vendor for Flygt Pumps, replacement parts and factory authorized service. The Department experienced more pump related costs (repairs and replacement pumps) than originally projected for the second year. APPROPRIATION CODE AND AMOUNT: 4211347-550400 $90,000.00 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4601 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint individuals to the Strong Mayor Task Force. SUMMARY: At the May 3rd council meeting, staff was directed to contact members of the 2015 and 2011 Charter Review Committees regarding changing the form of government. The following individuals have expressed an interest in serving on the Task Force: 2015 Charter Review Committee ·Bud Elias ·Nino Accetta ·Karen Graham Cunningham ·Rosemarie Kibitlewski (out of town: 5/25-6/9) ·David Loyd ·George Mantzaris ·Konrad McCree, Jr. ·William Sturtevant 2011 Charter Review Committee ·Norma Carlough ·Jack Geller (out of town: 6/2-6/17) ·Cyndie Goudeau (out of town: 5/28-6/8) ·Keith Protonentis (out of town: 5/28-6/8) ·Stan Vittetoe ·Howard Warshauer ·Olin Wright Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4602 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Amend City Council Policies 2-16, 2-21 and 5-6. SUMMARY: Staff is recommending changes to the following areas: Policy 2-16 - Investment Policy (12. Internal Controls) “…The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Accounting Manager and any other City staff members appointed by the Finance Director.” Note - change in position title. Policy 2-21 Special Events Fee. “…The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process...” Note- the Fun ‘N Sun event no longer exists. Policy 5-6 - Copyright Fees. “The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI MPLC for showing movies at various recreation centers.” Note- copyright fees are paid to the Motion Picture Licensing Corp. (MPLC) Page 1 City of Clearwater Printed on 5/14/2018 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 5-17-2017 Reformatted/foreclosure language added 03-18 i As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Audit Committee 12/1/16 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 12/1/16 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 12/1/16 ii As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 12/1/16 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 12/1/16 3-5 Distribution of Council Correspondence 12/1/16 3-6 Fund Raisers 11/20/14 3-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 12/1/16 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 12/1/16 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 5-13 Stationery 12/1/16 5-14 Welcome Letters iii As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Foreclosure 3/1/18 6-3 Landscaping of City Roads 12/1/16 6-4 New Sidewalks 5/17/17 6-5 Parks & Recreation Card to Annexing Property 6-6 Petitions for Annexation 6-7 Subdivision Monuments 12/1/16 6-8 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 1 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Audit Committee. It is a policy of the City Council to have an Audit Committee for the selection of a Certified Public Accounting firm for the annual audit, in compliance with Section 218.391, Florida Statutes. The Audit Committee will be appointed by the City Council and may be comprised of council members, council appointees, and/or city employees as determined by the City Council. The Audit Committee will be responsible to solicit proposals via a competitive RFP process every five years at a minimum. The Audit Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self- 2-8 3 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 cont’d Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 2-9 4 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 2-10 5 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 2-10 cont’d 6 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. 2-10 cont’d 7 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained 2-12 8 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 cont’d General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 9 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% 2-16 10 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 2-16 cont’d 11 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be 2-16 cont’d 12 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 13 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. 3-4 15 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council once per week, or as needed. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC – waived permit, application, inspection, and other fees via Resolution 14-03 None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI MPLC for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. 5-7 20 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool; 5-8 21 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. 5-11 23 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-2 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. 6-3 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-4 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-5 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-6 25 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. 6-7 Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-8 26 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 27 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 28 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 2nd rdg. Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, being bound by Franklin Street to the North, South Garden Avenue to the East, Court Street to the South, and South Fort Harrison Avenue to the West; subject to, among other things, a blanket general utility, drainage and gas easement to be reserved over the entire right-of-way to be vacated herein, subject to the granting of certain private utility easements. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF HAVEN STREET RIGHT-OF-WAY OF COURT SQUARE,AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF CERTAIN REAL PROPERTY DEDICATED AS RIGHT-OF-WAY IN RESOLUTION NO. 79-50 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 4867, PAGE 1478 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BOTH BEING BOUND BY FRANKLIN STREET TO THE NORTH, SOUTH GARDEN AVENUE TO THE EAST, COURT STREET TO THE SOUTH, AND SOUTH FORT HARRISON AVENUE TO THE WEST; SUBJECT TO, AMONG OTHER THINGS, A BLANKET GENERAL UTILITY, DRAINAGE AND GAS EASEMENT TO BE RESERVED OVER THE ENTIRE RIGHT-OF-WAY TO BE VACATED HEREIN; SUBJECT TO THE GRANTING OF CERTAIN PRIVATE UTILITY EASEMENTS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein) (“Platted Right-of-way”), has requested that the City vacate said right-of-way; and WHEREAS, the City, as owner in fee title of real property described and depicted in Exhibit “B” (attached hereto and incorporated herein) (“Dedicated Right-of-way”), which is adjacent to the property described in Exhibit “A” and which was dedicated as right-of- way by Resolution 79-50 of the City of Clearwater, Florida, finds it appropriate to vacate said right-of-way; and WHEREAS, the Platted Right-of-way and Dedicated Right-of-way shall be referred to collectively herein as “Entire Right-of-way” (Exhibit “C”); and [GM17-9216-055/215742/1]2 Ord. No. 9129-18 WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions precedent: 1.The declaration as surplus of the City-owned portions of the real property described in Exhibits “A” and “B” in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 2.Clearwater City Council approval of that certain Contract for Exchange of Real Property (as set forth in full in Exhibit “D” attached hereto and incorporated herein) and the closing on, and conveyance of, the property as contemplated therein; and 3.The City hereby reserves and retains a Blanket Utility, Drainage and Gas Easement over the Entire Right-of-way vacated parcel for the installation, maintenance and replacement of any and all utilities thereon by the City of Clearwater and for ingress and egress across the entire parcel for said purposes; and 4.As a pre-requisite to the vacation becoming effective, all property owners abutting the Entire Right-of-way vacated hereby shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property 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 [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9130-18 2nd rdg Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9130-18 on second reading, vacating public right-of-way of Damascus Road as recorded in OR Book 1936, Page 522 of the Public Records of Pinellas County, Florida and vacating an ingress and egress easement as recorded in OR Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 ORDINANCE NO. 9130-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY OF DAMASCUS ROAD, FORMERLY KNOWN AS BOSTROM ROAD, CLEARWATER, FLORIDA, ACQUIRED BY THE CITY OF CLEARWATER, FLORIDA PER RESOLUTION NO. 64-90 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1936, PAGE 522 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AFFECTED BY THE NAME CHANGE IN RESOLUTION NO. 80-29 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 5043, PAGE 479 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND VACATING AN INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 9551, PAGE 1433 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Drs. Kiran Patel & Pallavi Family Foundation, Inc. (“Property Owner”), the owner in fee title of real property abutting the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein), and upon which that certain Ingress and Egress Easement lies, as described and depicted in Exhibit “B” (attached hereto and incorporated herein), has requested that the City vacate said right-of-way and Ingress and Egress Easement; and WHEREAS, after proper public notice and public hearing thereon, the City Council of the City of Clearwater, Florida finds that said right-of-way and easement are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” [GM17-1420-212/217955/2] GM17-1420-212/217955/2 1 Ord. No. 9130-18 and the easement described as follows: See Exhibit “B” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The Property Owner will grant to the City of Clearwater, Florida, (“City”) and Pinellas County, Florida (“County”) an easement for ingress and egress access over a new access road connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, and which will be a minimum of 24’ in width and meet or exceed the City of Clearwater’s Construction Standards Index No. 102 and the 700 Series of Section IV of the City of Clearwater’s Construction Contract Specifications which are incorporated herein by reference and may be located at the myclearwater.com, Engineering Department page. This vacation ordinance shall be null and void if this condition is not met July 1, 2019. 2. The Property Owner will grant to the City of Clearwater, Florida, a general blanket utility easement over, under and across the real property described in Exhibit “C”, (attached hereto and incorporated herein) for the installation and maintenance of any and all utilities therein by the city of Clearwater. 3. The Property Owner shall grant individual easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), as may be requested by said providers and the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. 4. Property Owner shall grant the City of Clearwater, Florida and Pinellas County, Florida a Blanket Temporary Ingress Egress Access Easement connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, for ingress and egress access during construction, until such time as the permanent ingress egress access easement contemplated in section 1 above is granted and accepted. 5. The vacation as contemplated hereunder by the City of Clearwater as to the City of Clearwater’s interest as conveyed in that certain Easement Deed as recorded in Official Records Book 9551, Page 1433 of the Public [GM17-1420-212/217955/2] GM17-1420-212/217955/2 2 Ord. No. 9130-18 Records of Pinellas County, Florida, in no way affects the interest conveyed to Pinellas County, Florida in the same instrument. 6. The declaration as surplus of the City-owned portions of real property described in Exhibit “D” (attached hereto and incorporated herein) by the Clearwater City Council in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 7. Clearwater City Council approval of that certain Contact for the Purchase and Sale of Real Property as set forth in its entirety in Exhibit “E” (attached hereto and incorporated herein) and the closing on, and conveyance of, the property as described therein. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-1420-212/217955/2] GM17-1420-212/217955/2 3 Ord. No. 9130-18 Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "D" D-1 Exhibit "D" D-2 Exhibit "D" D-3 S44° 3 8 ' 5 1 "W 3 9 2 . 8 0 ' ( D )S80°52'25"W 345.42'(D)S82°35'34"W47.12'(D)S89°45'39"WDenotes Damascus Road Right-of-WayS89°30'50"E(D) 524.48'(C)S 4 3 ° 2 3 ' 4 9 "W 7 6 3 . 4 0 ' ( D ) S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-WaySurvey utilized for City's calculation of Right-of-Way is"ALTA/NSPS Land Title Survey for 3400 Gulf-to-BayBoulevard " performed by VisionLand Service,Dated 12/2/16.Calculated Area - 17,960 Square FeetD-4 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE 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 SHEET OF REVISIONSDATENO.APP'DBYTHINK IT. ACHIEVE IT.PROJECT NAMESHEET NAMEDESIGNED FORDESIGNEDDRAWNCHECKEDQ.C.DATEEPNJOB NO.A B C D E 1 2 3 4 5 6 7 3030 STARKEY BOULEVARD, NEW PORT RICHEY, FLORIDA 34655PHONE: (800) 532 - 1047 FAX: (727) 848 - 3648 WWW.FLDESIGN.COM C.A. NO. 74211 2 3 4 5 6 7 A B C D E PLAN SET DATE 1 1DRKCOM ACCESS EASEMENT12-27-20177802017-26JMDJMDEMEMDecember 27, 2017K & P COM MANAGEMENT5600 MARINER STREET, SUITE 200TAMPA, FLORIDA 33609PHONE: (813) 933-5157 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9133-18 2nd rdg Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9133-18 on second reading, changing the composition of the Sister Cities Advisory Board to add an at-large member. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 Ordinance No. 9133-18 ORDINANCE NO. 9133-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.251, CLEARWATER CODE OF ORDINANCES, CHANGING THE COMPOSITION OF THE SISTER CITIES ADVISORY BOARD TO ADD AN AT-LARGE MEMBER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sister Cities Advisory Board advises the City Council on issues regarding the Sister Cities Program; and WHEREAS, the Sister Cities Advisory Board (“Board”) is currently comprised of six members; and WHEREAS, at the March 1, 2018 Clearwater City Council meeting, the Sister Cities Advisory Board made a recommendation to the City Council to add one (1) at -large member to the Board, which Council approved; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.251, Clearwater Code of Ordinances, is hereby amended as follows: Sec. 2.251. Composition. The sister cities advisory board shall consist of seven six members; one member of the city council, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, a Clearwater Arts Foundation representative, and a youth member who shall be 19 years old or younger and an at-large member. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundation representative shall not be required to reside within the City of Clearwater. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Ordinance No. 9133-18 Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4606 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: City Hall Temporary Relocation SUMMARY: Following council’s discussion in April on City Hall temporary relocation staff reviewed the office inventory within the downtown plan area and identified all potential sites. As discussed previously, the main driver for the move is to free up the City Hall site for future development. Should we push forward, this would not necessarily mean that City Hall would be redeveloped prior to the Harborview site, but it would provide flexibility for implementation of the project. Both the city/county joint facility and PSTA intermodal facility have the potential to slow our implementation in the future and restrict our choices as it relates to packaging multiple city sites in an RFP for redevelopment. In addition, a review of the expenses of the current City Hall and the expenses related to a lease with One Clearwater Tower show an annual operating benefit of around $50,000 if we choose to do a temporary move and allow the city to avoid continued capital infrastructure improvements to the current City Hall. To identify potential sites staff used GIS (Geographic Information Systems) to select properties with appropriate uses and sizes within the Downtown plan area. The area size that was used was 10,000 interior gross square feet. Once these properties were identified, we searched for any availability for these spaces. We used internet-based tools to ascertain availability and for those which did not have data online, we reached out to the property owner or management company to see if they had availability in their structures that was over 10,000 SF. The result of this review was the identification of four sites which met the geographic and size requirements. We then looked at these four sites for functionality of the space and determined that one of the spaces, fifth third bank, would not be functional for our use. The available spaces are smaller and spread out throughout the building and did not provide the level of departmental continuity needed. The remaining sites that met the overall square footage requirement and have leasable space available are below: 1.One Clearwater Tower Address - 600 Cleveland St. Size of potential lease area - 13,065 SF Length - 5 years with a 5-year option Furnished - Yes Orientation - Space is located on 1 floor and the City would be only tenant on floor. Walking time to/from MSB - 5 Minutes Page 1 City of Clearwater Printed on 5/14/2018 File Number: ID#18-4606 Drive time to MSB - 1 minutes Drive time from MSB - 2 minutes Comments - Recommended site. It is furnished and is in close proximity to MSB. Also, provides for a five-year lease period and the most efficient layout for our purposes. 2.Idatix Address - 1499 Gulf to Bay Size of potential lease area - 18,000 Length - 5 years with a 5-year option Furnished - Yes Orientation - Space is located on floors 1, 2, and 4 and the City would be only tenant on floors. Walking time to/from MSB - 29 Minutes Drive time to MSB - 5 minutes Drive time from MSB - 5 minutes Comments - As with One Clearwater Tower, the site is furnished and provides for a five-year lease. The site is physically much further from MSB, though drivetimes are relatively close. The biggest challenge with this site is the layout of the space. We would need to take up about 5,000 additional square feet as compared to the other options, which will equate to additional cost, and the layout of the space is not preferable. 3.Suntrust Address - 601 Cleveland Size of potential lease area - 13,000 SF Length - 1 year Furnished - No Orientation - Space is located on 1 floor and the City would be only tenant on floor. Walking time to/from MSB - 5 Minutes Drive time to MSB - 1 minute Drive time from MSB - 2 minutes Comments - The layout and location of the site is very similar to that of One Clearwater Tower, however the building is only providing one-year leases. This would give a high level of uncertainty annually, which staff would not recommend. Additionally, the space is not furnished. Staff is requesting additional direction on how you would like us to proceed. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4565 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: Poppy Days Proclamation - Gigi Jansek, American Legion Auxiliary SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4564 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.2 SUBJECT/RECOMMENDATION: Older Americans Month Proclamation - Ann Marie Winter, Executive Director Area Agency on Aging of Pasco-Pinellas, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4566 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.3 SUBJECT/RECOMMENDATION: Safe Boating Week Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4552 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.4 SUBJECT/RECOMMENDATION: United Way Award Certificate - Chuck Lane, Economic Development SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4563 Agenda Date: 5/14/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.5 SUBJECT/RECOMMENDATION: Emergency Medical Services Week - Assistant Chief of EMS, Anthony Tedesco SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2018