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06/18/2018Monday, June 18, 2018 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda June 18, 2018Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Fire Oaths2.1 June Service Awards2.2 3. Economic Development and Housing Approve the Contract for Sale of Real Property by the City of Clearwater between the city and Habitat for Humanity of Pinellas County, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 3.1 Sunset the Affordable Housing Advisory Committee and adopt Resolution 18-10. 3.2 4. Gas System Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas distribution mains and authorize the appropriate officials to execute same. (consent) 4.1 5. Human Resources Approve an amendment to the service contract between the City of Clearwater and CIGNA On-Site to operate the Employee Health Center and authorize the appropriate officials to execute same. (consent) 5.1 6. Parks and Recreation Approve an amendment to the agreement between Tivity Health Services, LLC and the City of Clearwater (City), allowing the City to be a provider of fitness SilverSneakers Signature classes for eligible Medicare Members (SilverSneakers Program) and Prime Members (Prime) at the Morningside Recreation Complex, 2400 Harn Blvd. Clearwater, FL; authorize the City Manager and/or his designee to approve any future amendments to the agreement in regards to location, amenity and/or programs changes and authorize the appropriate officials to execute same. (consent) 6.1 Approve receiving funds awarded to the City from Senior Citizens Services, Inc. in the amount of $9,960 to expand Evidence Based Wellness Programs (EBWP) for older adults and increase a special program 98606, Senior Citizens Services - EBWP at third quarter. (consent) 6.2 Page 2 City of Clearwater Printed on 6/19/2018 June 18, 2018Council Work Session Work Session Agenda 7. Police Department Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School and Clearwater Fundamental for a three-year period commencing July 1, 2018 through June 30, 2021 and authorize the appropriate officials to execute same. (consent) 7.1 8. Engineering Approve an Engineer of Record (EOR) Work Order to Atkins North America, in the amount of $115,007 for the study of water circulation around Cooper’s Point (18-0009-EN) and authorize the appropriate officials to execute same. (consent). 8.1 Approve the request from the owner of property addressed 12 Idlewild Street to vacate a water main easement located on their property and pass Ordinance 9168-18 on first reading. (VAC2018-06) 8.2 Approve the Release of Reservation for the purpose of discharging certain rights retained by the City of Clearwater in previously owned land lying in the Northwest quarter of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida in favor of Prospect Park Development, LLC; and authorize the appropriate officials to execute same. (consent) 8.3 Award a construction contract to Mid-South, LLC, of Orlando, FL, in the amount of $119,955 for the Demolition of Fire Station 45 (09-0036-FD) and authorize the appropriate officials to execute same. 8.4 Authorize one one-year term extension to Central Florida Contractors, Inc. of Seminole, Florida, for the 2017 Sidewalk Construction (16-0016-EN) contract, in the annual amount of $1,400,000.00, with one one-year renewal term at the City’s discretion and authorize the appropriate officials to execute same. (consent) 8.5 Approve Joint Project Agreement (JPA) funding to Pinellas County for Utility Relocations related to the South Highland Avenue Drainage Improvements from Jeffords Street to Pine Street Project in the amount of $135,746.10; and authorize appropriate officials to execute same. (consent) 8.6 Page 3 City of Clearwater Printed on 6/19/2018 June 18, 2018Council Work Session Work Session Agenda Award a contract (Purchase Order) for $121,801.00 to Altec Industries Inc. of Birmingham, AL for the purchase of one (1) 2017 Ford F550 with a single two-man aluminum articulating and telescoping platform for Traffic Engineering/Operations, in accordance with the National Joint Powers Alliance Contract No. 031014-ALT, Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 8.7 9. Planning 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 3053 Merrill Avenue and pass Ordinances 9164-18, 9165-18 and 9166-18 on first reading. (ANX2018-05006) 9.1 Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, and pass Ordinance 9123-18 on first reading. (ANX2017-12026A) 9.2 Approve initial Future Land Use designations of Residential Low (RL) and Water/Drainage Feature on a 15.26-acre portion of property located at 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and a Future Land Use Map Amendment for a 9.20-acre portion of the same property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation; and pass Ordinance 9124-18 on first reading. (LUP2018-02001) 9.3 Approve the initial Zoning Atlas designations of Low Density Residential (LDR) and Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, and pass Ordinance 9125-18 on first reading. (ANX2017-12026B) 9.4 10. Information Technology Approve a contract (purchase order) in the amount of $360,000 to GeoNexus Technologies, Inc., Ann Arbor, MI for software licensing and maintenance of field mobility software and integration services and authorize the appropriate officials to execute same. (consent) 10.1 11. City Auditor Page 4 City of Clearwater Printed on 6/19/2018 June 18, 2018Council Work Session Work Session Agenda Appoint Michael MacDonald to the Audit Committee as the city staff representative for an unexpired term ending June 30, 2020, pursuant to Section 218.391 Florida Statutes. (consent) 11.1 12. Marine & Aviation Approve a proposal from Construction Manager at Risk J. Kokolakis Contracting of Tarpon Springs, Fl, in the amount of $621,067 for construction of Clearwater Harbor Marina Wave Attenuator Project (18-0001-MA); Supplemental Work Order 1 to Engineer of Record (EOR) Erickson Consulting Engineers, Inc. in the amount of $28,800 for Construction Engineering Services (CEI); and authorize appropriate officials to execute same. (consent) 12.1 13. Public Utilities Authorize a purchase order to Andritz Separation of Arlington, TX in the amount of $672,012.00 for three refurbished belt filter presses and a three-year maintenance contract for all dewatering equipment for the Wastewater Reclamation Facilities and authorize the appropriate officials to execute same. (consent) 13.1 14. Solid Waste Authorize the award of Request for Proposals 01-18, Security Services, to American Guard Services and Sentry Event Services, both of Tampa, Florida, in a not-to-exceed annual amount of $250,000, including two one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) 14.1 Approve an increase of $90,000 to the contract with Wastequip LLC of Statesville, NC for the purchase of compactors and compactor parts for the period ending September 6, 2018; authorize use of the National Joint Powers Alliance (NJPA) contract 041217-WQI for the contract duration ending July 7, 2021 and authorize the appropriate officials to execute the same. (consent) 14.2 15. Legal Adopt Ordinance 9162-18 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2018 to reflect increases and decreases in revenues and expenditures for the Special Development Fund, Special Program Fund, Solid Waste and Recycling Fund, Gas Fund, Airpark Fund, General Services Fund and Garage Fund. 15.1 Page 5 City of Clearwater Printed on 6/19/2018 June 18, 2018Council Work Session Work Session Agenda Adopt Ordinance 9163-18 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2018, to reflect a net increase of $284,939. 15.2 16. City Manager Verbal Reports One Clearwater Tower Lease Discussion.16.1 17. City Attorney Verbal Reports 18. 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). 19. Closing Comments by Mayor 20. Adjourn Page 6 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4597 Agenda Date: 6/18/2018 Status: FiledVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Fire Oaths SUMMARY: Eric Saccasyn Fire Inspector II Matthew Richardi Firefighter James Humphrey Firefighter Ryan Fetner Firefighter Ellert Toohey Firefighter John Gray Firefighter Justin Newland Firefighter Benjamin Dyck Firefighter Corey Butts Firefighter Devon Heathfield Firefighter Christopher Quinn Firefighter Todd Rushing Firefighter Kenny Sweitzer, Jr.Firefighter APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4609 Agenda Date: 6/18/2018 Status: FiledVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: June Service Awards SUMMARY: 5 Years of Service Dustin Dulek Parks and Recreation Andre Dodson Engineering/Stormwater Rob Shaw Public Communications Naylan Albritton Solid Waste Djuna Myrick Finance Zachary Gutshall Parks and Recreation James Cooney Public Utilities Louis Christou Marine and Aviation Kristopher Koch Parks and Recreation 10 Years of Service Richard Ottinger Solid Waste Gregory Keane Fire David Marlowe Fire 15 Years of Service Ian Prior Public Communications Eddie Stephens Engineering/Stormwater Robert McKnight Solid Waste Lewis Anderson Parks and Recreation Michelle Sheldon Human Resources Valerie Smutko Solid Waste Shari Lepper Economic Development & Housing 20 Years of Service David Powers Solid Waste Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4673 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property by the City of Clearwater between the city and Habitat for Humanity of Pinellas County, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The property, located at 1454 S Martin Luther King, Jr. Avenue, is currently vacant and it is identified by Resolution 17-38 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. 22-29-15-00000-320-1300). The property was acquired in 1995 with Community Development Block Grant (CDBG) program funding made available to the city from the United States Department of Housing and Urban Development. The city acquired the property in 1995 for $84,000 to develop a seven-unit single family subdivision for low- to moderate-income households. On January 18, 2018, City Council declared the property surplus for the purpose of sale, through Invitation to Bid (ITB) 14-18, whereby the successful bid was required to meet the terms set by Council. Following the Council meeting, an administrative matter required staff to change the ITB number to 21-18. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: ·Bid price shall exceed $205,000. ·The property must be developed with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income. ·Vertical construction must commence within one year of closing. An appraisal was performed on the property by James Millspaugh and Associates, Inc. The appraised value was $205,000 with a valuation date of September 6, 2017. Habitat for Humanity of Pinellas County, Inc. was the only respondent to Invitation to Bid 21-18. Their bid included a purchase price of $206,000 and met all additional terms set by Council; these terms have been incorporated into the proposed contract. Proceeds from sale will be used for future CDBG-eligible projects administered by the Economic Development & Housing Department. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 6/19/2018 File Number: ID#18-4673 USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 6/19/2018 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 HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 13355 49th Street North, Clearwater, Florida 33762, (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” attached hereto and hereby incorporated herein, hereinafter referred to as the “Property” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 206,000.00 3. MANNER OF PAYMENT:Wire transfer in U.S. funds at time of closing ………… $ 206,000.00 4. PURCHASE PRICE The full Purchase Price has been determined by Invitation to Bid No. 21-18 (ITB 21-18), a competitive bid initiated by the City of Clearwater. The minimum bid price established in ITB 21-18 was based upon an appraisal prepared by James Millspaugh and Associates, Inc. with a valuation date of September 6, 2017. 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. 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 8 acceptable to Buyer and to the covenants and restrictions as provided herein. 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. [GM18-1510-221/220646/1]Page 2 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 7. COVENANTS & RESTRICTIONS The sale proposed in this contract shall be subject to the following covenants and restrictions: (1) The property being developed with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income, (2) Vertical construction must commence within one year of closing. If Buyer fails to commence vertical construction within one year of purchase, Seller has the right, at its sole discretion, repurchase the Property from Buyer. Buyer, upon the request from Seller, shall forthwith reconvey the Property to Seller via special warranty deed at a purchase price of $206,000.00. 8. TITLE EVIDENCE Seller shall, at Seller expense and within 20 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 10 days from receiving evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, by the end of the Title Examination Period, 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. 9. 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. 10. 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 September 15, 2018 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 8 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 effect upon any other term, covenant or condition contained in this contract. [GM18-1510-221/220646/1]Page 3 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 21 (“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 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 [GM18-1510-221/220646/1]Page 4 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 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. 17. 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. 18. 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. 19. 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. 20. DEFAULT 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. [GM18-1510-221/220646/1]Page 5 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 21. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially affect the value of the Property, or which would be detrimental to the Property, or which would affect 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 16(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. 22. 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. 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 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. 25. ASSIGNABILITY; PERSONS BOUND 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). 26. 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. [GM18-1510-221/220646/1]Page 6 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. 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. 29. 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. 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. 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. 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. The Remainder of this Page Intentionally Left Blank [GM18-1510-221/220646/1]Page 7 of 7 Contract for Sale of Real Property by the City of Clearwater, FL June 2018 EXECUTED this _____ day of ________________________, 2018 by Buyer. HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. By: ______________________________________ Michael Sutton, CEO 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 18-10 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Sunset the Affordable Housing Advisory Committee and adopt Resolution 18-10. SUMMARY: On October 5, 2017, the City Council adopted Resolution 17-34 which appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB) and four additional members as the Affordable Housing Advisory Committee (AHAC). This action was necessary to comply with Florida Statute 420.9076. The AHAC reviewed the city’s policies, procedures, and land development regulations and provided recommendations in advance of city staff’s preparation of the Local Housing Assistance Plan. The AHAC’s objective was to recommend specific actions or initiatives to encourage or facilitate affordable housing. The AHAC’s recommendations were presented to, and adopted by, City Council on December 7, 2017. With the completion of the AHAC’s FY 2017-2018 work, Council may sunset the committee. Resolution 18-10 affirms the work of AHAC has been completed and terminates their appointments. Page 1 City of Clearwater Printed on 6/19/2018 Resolution No. 18-10 RESOLUTION NO. 18-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; PROVIDING THAT THE TERMS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERS APPOINTED IN RESOLUTION NO. 17-34 SHALL EXPIRE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. 17-34 appointed certain members of the Affordable Housing Advisory Committee (AHAC); and WHEREAS, said committee has completed its work for the 2017-2018 period, and Ordinance No. 8068-09 provides for the periodic reconstitution of said committee, and it is no longer necessary that the members appointed by Resolution No. 17-34 serve; now therefore, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: The terms of the members of the Affordable Housing Advisory Committee shall expire on the effective date of this resolution. SECTION 2: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _______ , 2018. Approved on ______ 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#18-4523 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas distribution mains and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) is installing a 6-inch natural gas distribution main along Sunlake Boulevard, just north of Tower Road in Pasco County. This main extension will serve the new Del Webb neighborhood currently under construction by Pulte Home Developer. CGS will be crossing the Tampa Bay Water (TBW) transmission line easement that runs parallel with the Tower Rd right-of-way. To cross this easement, CGS will have to enter into a Mutual Use Agreement (MUA) with TBW. This agreement will allow CGS to connect CGS’ main to its current distribution system that runs along Tower Road. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/19/2018 GM14-2064-048/162011/1 1 TBW Project: 84” Cypress Creek Transmission Main TBW Parcel No.: 4294.71C – Non-Exclusive Perm Pipeline Easement Section 15, Township 26 S, Range 18 East Pasco County, Florida Prepared by and return to: Tampa Bay Water 2575 Enterprise Road Clearwater, Florida 33763-1102 (Reserved for Clerk of Court) MUTUAL USE AGREEMENT THIS MUTUAL USE AGREEMENT entered into this _______ day of _____________, 2018, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER," with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763- 1102, and CLEARWATER GAS SYSTEM, referred to as “GAS” whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755 RECITALS: A.TAMPA BAY WATER owns and possesses a Non-Exclusive Permanent Pipeline Easement in and upon that certain real property more particularly described in the Deed as recorded in Official Records Book 5556, Page 659 of the public records of Pasco County, Florida ("Tampa Bay Water Easement”). B.TAMPA BAY WATER operates, and maintains its Cypress Creek 84”” Transmission Main Replacement and its appurtenances (“Tampa Bay Water Pipeline Facilities”) within the Tampa Bay Water Easement. C.GAS has acquired or will acquire the appropriate rights or interests from the fee simple owner of the property underlying the Tampa Bay Water Easement. GAS desires to use a portion of the Tampa Bay Water Easement in order to design, construct, inspect, operate, maintain, and repair a 6” gas main (“GAS Facility”) for the purpose of providing natural gas to its customers. D.GASand TAMPA BAY WATER desire to enter into this agreement for the purpose of setting forth the terms and conditions under which GAS and TAMPA BAY WATER will mutually use a portion of the Tampa Bay Water Easement described in Exhibit “A” (the “Use Area”), attached hereto and incorporated herein. NOW THEREFORE, for and in consideration of the premises and the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: GM14-2064-048/162011/1 2 1.The above recitals are true and are incorporated herein by reference. 2.TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for the uses and purposes stated herein. 3.GAS acknowledges and agrees that TAMPA BAY WATER’s use of the Tampa Bay Water Easement for water transmission pipelines and related purposes will not constitute an interference with GAS’s use of the Use Area. 4.Within fifteen (15) days after this Agreement is executed by both parties, GAS will submit to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days to review and approve GAS’s construction plans, such approval not to be unreasonably withheld. Also during this 45-day period, TAMPA BAY WATER may make comments to GAS’s construction plans, by directing any such comments to GAS. GAS will use its best efforts to incorporate TAMPA BAY WATER’s comments into the construction plans. 5.GAS acknowledges and agrees that it is using the Use Area “as is” and that TAMPA BAY WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner to accommodate GAS's use. 6.During construction of the GAS Facility, GAS agrees to the following: a.GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities, so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of the construction of GAS Facility. b.GAS will install the GAS Facility under Tampa Bay Water’s water main, while maintaininga minimum vertical separation of 36-inches, measured frombelow the outside edge of the Tampa Bay Water water main and the GAS Facility. c.Any temporary roads used for construction traffic crossing the Tampa Bay Water Pipeline Facilities shall be built up a minimum of 3-feet above existing grade. 7.GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA BAY WATER's use of the Tampa Bay Water Easement, and that GAS’s use of the Use Area will not cause the impairment of the Tampa Bay Water Pipeline Facilitiesor other hazardous conditions to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs, interferes with, or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon notification by TAMPA BAY WATER, GAS shall, within seventy-two (72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the right to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition if GAS fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY WATER determines that an emergency situation exists and requires immediate attention. GASagrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated costs and expenses incurred in GM14-2064-048/162011/1 3 connection with such action. 8.During the period in which any construction or site preparation for the GAS Facility is occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have maintained the following insurance coverage through either self-insurance, purchased insurance, or a combination thereof: a. Workers' Compensation insurance adequate under Florida law for all of GAS's employees working in or about the Tampa Bay Water Easement. GAS shall require all contractors or sub-contractors working in or about the Tampa Bay Water Easement to maintain Workers' Compensation insurance adequate under Florida law for all their employees. b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined single limit, each accident, (bodily injury and property damage) insuring all owned, leased, hired and other non-owned vehicles. c. Comprehensive General Liability Insurance in the minimum amount of $1,000,000.00 combined single limit (bodily injury and property damage) covering premises operations liability, products and completed operations liability, personal injury coverage. d.Employer’s Liability Insurance in the following minimum amounts: $100,000 EACH ACCIDENT EACH EMPLOYEE $100,000 EACH DISEASE EACH EMPLOYEE $500,000 AGGREGATE BY DISEASE e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by the City’s Risk Manager. Any and all subcontractors performing work for GAS will furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each policy required is in full force and effect. GAS and any and all subcontractors will give TAMPA BAY WATER thirty (30) days advance written notice by certified mail and that, before canceling or changing the coverage of the required coverages under this Agreement. The failure of TAMPA BAY WATER to request evidence of the coverage set forth above shall not be construed by GAS as a waiver of GAS’s obligation to provide the insurance coverage specified. The parties shall fully cooperate in making claims and furnishing information to the insured or the insurers and in obtaining settlements and payments from the insurer or insurers. Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER is named as the sole beneficiary. GAS and its contractors shall execute any and all documents GM14-2064-048/162011/1 4 required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or property damage (including damage to or destruction of the property) that would be excluded from the coverage of the insurance that GAS is obligated to maintain. 9.After construction and after the GAS Facility is installed, GAS agrees to the following: a.GAS shall clearly and permanently mark the location of the GAS Facility in the Use Area and TAMPA BAY WATER shall clearly and permanently mark the location of the Tampa Bay Water Pipeline Facilities in the Use Area. b.Thereafter, should either party or its contractors negligently or intentionally damage the facilities of the other party, the injured party shall be reimbursed for all reasonable costs and expenses it incurs in connection with repairing any such damage. c.GAS shall be responsible and shall reimburse TAMPA BAY WATER for all reasonable costs and expenses it incurs in connection with additional construction costs due to the GAS Facility located within the Use Area. GAS shall reimburse TAMPA BAY WATER all said costs and expenses within 30 days. 10.To the extent permitted by Section 768.28, Florida Statutes and without waiving its sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and its officers, employees and agents harmless from and against any and all liabilities, claims, losses, negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement. The GAS's obligation to indemnify TAMPA BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity, which right is expressly not waived by the GAS, and to the indemnification limitations provided in section 768.28, Florida Statutes. 11.Seven (7) days prior to commencement of construction, GASor its contractor shall contact the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and advising TAMPA BAY WATER of GAS’s construction schedule. 12.The occurrence of one (1) or more of the following acts shall be deemed to constitute an event of default: GAS or TAMPA BAY WATER fail to perform and comply with any obligation, responsibility or liability imposed upon TAMPA BAY WATER or GAS by this Agreement and such failure continues for more than thirty (30) days after the non- defaulting party gives the defaulting party written notice thereof, or the defaulting party fails to commence all reasonable curative action within thirty (30) days after notice thereof and fails to diligently and continuously prosecute the curative action to completion; If a default occurs and the defaulting party fails to cure such default in accordance with this GM14-2064-048/162011/1 5 Agreement, the non-defaulting party may, without further notice immediately or at any time thereafter, correct the default, in which event the defaulting party shall immediately reimburse the non-defaultingparty for any and all costs incurred by the non-defaulting party in curing the default. 13.GAS's interest in the Use Area shall not be subject to liens for improvements made by, to or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section 713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted to be done by either party, such party shall cause the same to be removed within one hundred twenty (120) days of recording, and shall hold the other party harmless from any adverse effect thereof. 14.All notices, communications, and consents required or permitted by this Agreement shall be in writing and delivered by hand or transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt and addressed to the attention of the following: If to GAS: Jason King Drafting & Design Coordinator 400 N. Myrtle Avenue Clearwater, FL 33755 With a copy to:City Attorney 112 S. Osceola Ave. Clearwater, FL 33756-5103 If to TAMPA BAY WATER: Matt Jordan General Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 With a copy to:Jonathan M. Kennedy Engineering Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 15.This Agreement shall be binding upon the successors and assigns of the parties hereto (subject to the restriction governing assignment contained in the paragraph 16). 16.Neither party shall assign its rights under this Agreement without prior written approval GM14-2064-048/162011/1 6 of the other party. 17.This Agreement may only be amended in writing, duly executed by the authorized representatives of the parties hereto. 18.This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. 19.This Agreement represents the entire agreement between the parties hereto, with respect to the subject matter contained herein, and supersedes all prior negotiations, understandings, representations or agreements, either written or oral. 20.If any one or more of the provisions of this Agreement should be held contrary to law, public policy, or should for any reason whatsoever be held invalid or unenforceable by court of competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement, which remaining provisions shall continue in full force and effect if the rights and the obligations of the parties contained herein are not materially prejudiced and the intentions of the parties continue to be effective. 21.Any term, condition, covenant or obligation which requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. 22.GAS agrees that at such time as the GAS Facility is removed from the Use Area, the rights granted herein shall be automatically extinguished. GAS agrees to execute whatever documents are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this Agreement. 23.The remedies set forth in this Agreement are cumulative and not in limitation of any remedies available at law or in equity. GM14-2064-048/162011/1 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of execution written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA COUNTY OF PASCO The foregoing instrument was acknowledged before me this _________ day of _________, 2018, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: __________________________________ (Seal) Notary Public, State of Florida Print Name: ___________________________ My Commission Expires: ________________ GM14-2064-048/162011/1 8 WITNESS:TAMPA BAY WATER, A REGIONAL WATER SUPPLY AUTHORITY By: Signature Matt Jordan Its: General Manager Print Name Date: Signature (SEAL) Print Name APPROVED AS TO FORM: Barrie S. Buenaventura, General Counsel STATE OF FLORIDA COUNTY OF PASCO The foregoing instrument was acknowledged before me this _________ day of _________, 2018, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: ____________________________________ (Seal) Notary Public, State of Florida Print Name: _____________________________ My Commission Expires: __________________ GM14-2064-048/162011/1 9 T:\Planning & Projects\Brigham\Clearwater Gas\TBW MUA to Clearwater Gas - Draft.docx Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4634 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an amendment to the service contract between the City of Clearwater and CIGNA On-Site to operate the Employee Health Center and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater and CIGNA On-Site entered into a contract to operate the Employee Health Center in November of 2015. The staffing at that time included a position for a registered nurse. A decision was made to convert that position to a health coach. This amendment eliminated the registered nurse position and includes the health coach position. This item was presented at a previous work session but was pulled as the previous amendment was incorrect. APPROPRIATION CODE AND AMOUNT: There is no additional budget impact for this position. Page 1 City of Clearwater Printed on 6/19/2018 [A04-09900 /174996/1] 1 of 30 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between City of Clearwater with offices located at 100 South Myrtle Avenue, Clearwater, Florida 33756 (“Client), and Cigna Onsite Health, LLC, with offices located at 25500 North Norterra Drive, Phoenix, Arizona 85085 (“Cigna”) and is made effective as of October 1, 2015. Client and Cigna are sometimes referred to herein individually as a “Party" and collectively as the “Parties.” WHEREAS, Client wishes to offer one onsite health clinic for the benefit of Client’s employees and their dependents; and WHEREAS, Cigna is engaged in the business of offering onsite health clinics to employers, to provide certain low acuity, urgent and episodic health care and ancillary services, for the benefit of employees and their dependents; and NOW THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. SERVICES 1.1. Commencing on November 2, 2015, and continuing throughout the term of this Agreement, Cigna shall provide Client with a Cigna Onsite Health clinic (“Clinic”) providing: a. primary care; b. low acuity, urgent and episodic care; and c. ancillary services; for the benefit of Client’s eligible employees and their dependents (“Participants”) as more specifically described in Schedule A, “Scope of Services” attached to this Agreement (“Services”). Such clinical Services shall be provided by medical professionals licensed in the State of Florida for the benefit of Participants entitled to Services at the Clinic, in accordance with the Agreement and Schedule A, “Scope of Services”. 1.2. Client shall provide or arrange for the provision of adequate facilities owned or leased by Client to house the Clinic and for any necessary renovation or remodeling of such facilities in order to accommodate the Clinic in accordance with Schedule A, “Scope of Services”. 1.2.3. Client acknowledges that Cigna is separately entering into a contract with the City of Dunedin for the provision of similar services to the City of Dunedin’s eligible participants at the Clinic. Client agrees to allow the eligible participants of the City of Dunedin to have the same access to the Clinic as the access available to Client’s Participants. The City of Dunedin has agreed to pay seventeen percent (17%) of the total fees, costs and charges under this Agreement. Cigna will bill Client for the total fees, costs and charges due under this Agreement to Client. Client agrees to be solely responsible for paying [A04-09900 /174996/1] 2 of 30 100% of the total fees, cost and charges to Cigna, and will be responsible for collecting the City of Dunedin’s 17% share directly from the City of Dunedin. Client agrees that if the City of Dunedin’s Professional Services Agreement with Cigna terminates or if the City of Dunedin fails to pay Client its 17% share, Client will remain liable to Cigna for 100% of the total fees, costs and charges due under this Agreement. This provision does not apply to carve out charges that will be billed separately to Client and the City of Dunedin for flu, radiology and laboratory services. 2. FEES AND OPERATING EXPENSES 2.1. Client shall reimburse Cigna for fees and operating expenses for Services provided under this Agreement and the Schedule A, “Scope of Services”, in accordance with Schedule B, “Fees,” attached to this Agreement. 3. TERM 3.1. The initial term of this Agreement (“Initial Term”) shall commence on the Effective Date and continue for a period of thirty-six (36) months unless earlier terminated in accordance with Section 6. below. After the Initial Term, the Agreement may be renewed for subsequent twelve (12) month terms (each a “Renewal Term”) upon mutual agreement in writing between the Parties. 4. NOTICES 4.1. All notices, demands, and other communications under the Agreement and all amendments thereto shall be in writing to the appropriate address set forth below and shall be deemed received on the date confirmed on: (1) the return receipt for certified mail sent return receipt requested, via the USPS; or (2) the receipt for notices sent by a reliable overnight courier: a. If to Cigna: Jeffrey Perry, PhD Chief Operating Officer, Vice President Cigna Onsite Health, LLC Building B, Routing 647 25500 North Norterra Drive Phoenix, Arizona 85085 (623) 277-2322 and Karen R. Palmersheim, Esq. Cigna Legal 400 North Brand Blvd. Routing 383 Glendale, CA 91203 (818) 500-6497 b. If to Client: Joseph P. Roseto, SPHR City of Clearwater Human Resources Director 100 South Myrtle Avenue Clearwater, Florida 33756-5320 [A04-09900 /174996/1] 3 of 30 4.2. Either Party may change the address for notification purposes upon prior and reasonable written notice thereof to the other. 4.3. Invoices shall be sent to Client at the address provided above. 4.4. Payments to Cigna shall be sent to (or to such other individual as may be identified by Cigna in accordance with this Section 4.4): Deborah Coolidge Cigna Onsite Health, LLC Building B, Routing 647 85500 North Norterra Drive Phoenix, Arizona 85085 5. PERFORMANCE OF SERVICES: 5.1. Cigna agrees to perform Services in a good, professional, and workmanlike manner, using that degree of skill and care as would a prudent supplier performing similar services under similar circumstances and in compliance with all applicable laws and regulations. 5.2. Upon written notice from Client specifying, in Client’s good faith belief, the reasons that any Cigna employee providing Services under this Agreement should be removed from performance of such Services, including the facts necessary to validate such removal, Cigna shall have a reasonable amount of time, not to exceed ten (10) calendar days, to investigate the matter. Upon request of Client, and after initial inquiry by Cigna, if Cigna determines that there is sufficient business rationale, Cigna shall remove the employee from performing Services during such investigation. If Cigna deems it appropriate in its discretion that such employee should be removed from providing Services hereunder for non-discriminatory and otherwise legal reasons, Cigna shall immediately remove such employee from providing Services under this Agreement and shall as soon as practicable arrange for the provision of a substitue employee or other independent contractor. 5.3. In addition, if Client asserts that such Clinic Staff person has engaged in misconduct as defined by Client, Client agrees, where necessary, to cooperate with in conducting any investigation or inquiry, and to provide documentation and testimonial support in event of litigation concerning such misconduct. 5.4. Client acknowledges and agrees that the policies and procedures of Cigna as to pre- employment testing, criminal background checks, Social Security Number and I-9 verification, performance management, disciplinary action and termination shall govern, including any confidentiality requirements contained therein. 6. TERMINATION 6.1. This Agreement may be terminated as follows: 6.1.1. In the case of material breach of this Agreement, either Party may terminate this Agreement at any time for cause upon sixty (60) days written notice to the other Party specifying the manner in which that Party has materially breached its obligations. [A04-09900 /174996/1] 4 of 30 The Agreement shall terminate automatically at the expiration of such sixty (60) day period if that Party has not cured its breach within such period and demonstrated such cure to the satisfaction of the non-breaching Party. 6.1.2. Either Party may immediately terminate this Agreement at any time during and after the initial term upon insolvency or bankruptcy of the other Party. 6.1.3. During the Initial Term and any Renewal Term, either Party may terminate services under this Agreement without cause, upon one hundred twenty (120) days’ prior written notice to the other Party; provided, that, in the event Client terminates this Agreement pursuant to this Section 6.1.3. Client shall pay to Cigna a “Termination Fee” in an amount equal to fifty thousand dollars ($50,000) which reflects the severance obligation owed by Cigna to the Clinic Staff pursuant to the employment agreements of such Clinic Staff and/or Cigna policy. Client shall pay Cigna the Termination Fee within thirty (30) days of receipt of an invoice from Cigna setting forth such Termination Fee. 6.1.4. In the event of destruction of the Clinic by natural disaster, either Party by proper notice issued in accordance with this Agreement may terminate this Agreement in lieu of rebuilding the Clinic. 6.1.5. In the event that Client terminates this Agreement as set forth above, Client shall be responsible in accordance with Schedule B for any unpaid balance for Implementation Costs, as well as any Operational Expenses incurred prior to the date of termination. In the event that this Agreement terminates as set forth above, Cigna shall, at Client’s request, reimburse Client for the on-hand inventory of medicine or other equipment and supplies taken by Cigna at that time, other than Cigna-owned equipment identified in 13.2.3. 6.2. If this Agreement is terminated for any reason set forth in this Section 6, Client acknowledges and agrees that: 6.2.1. All communication to Clinic Staff related to such termination (“Staff Communication”), including but not limited to (i) the date of termination of the Agreement and/or the related date of the closing of the Clinic or transfer of Clinic operations to a third party vendor, and (ii) Clinic Staff employment status notification, severance, and compensation shall come solely from Cigna as the employer or contractor of Clinic Staff, and Client shall not make or cause to be made any Staff Communication without the prior written consent of Cigna; 6.2.2. Tours of the Clinic facilities by potential third party vendors to assume Clinic operations on behalf of Client (i) shall be conducted at times as mutually agreed upon in writing by the Parties; (ii) shall be conducted in such a fashion as to protect the confidentiality of patient information within the Clinic; and (iii) shall not interfere with the provision of Clinical Services to Participants. 6.2.3. Client and Cigna agree (i) to act in good faith and cooperation to ensure a smooth transition, and (ii) to mutually participate in final walk-through of the Clinic and sign an acknowledgement agreeing to the condition of the facility and an inventory of its contents and equipment. 6.2.4. Client and Cigna agree (i) that by sharing the Clinic and performance of services with a second client or party, including the Electronic Health Record (EHR) platform [A04-09900 /174996/1] 5 of 30 containing protected health information (PHI) and medical records from participants of both parties, and terminating the contract according to the terms outlined in this section, Cigna agrees to extend the HIPAA security and privacy rules to the terminating party’s PHI that remains in the Cigna EHR or maintained on the Cigna network for as long as the Professional Services Agreement of the remaining party is in force, including any renewal agreements; and (ii) the Client agrees that Client’s Participants’ PHI and medical records will not be destroyed or returned to the Client upon the termination of the Professional Services Agreement according to this section as long as the second party sharing the Clinic and performance of services has a valid and executable contract with Cigna. Cigna will maintain existing medical records and participant PHI according to federal and state law while either Professional Services Agreement remains in force and upon termination of the Agreement. 7. OWNERSHIP OF MATERIALS 7.1. Client acknowledges that in providing the services hereunder, Cigna may utilize proprietary materials, reports, models, software, documentation, know-how and processes owned by Cigna that were or are not created specifically by Cigna for Client (“Cigna Materials”). Client acknowledges that ownership of and title to such Cigna Materials remains with Cigna and is not transferred to Client. 8. CONFIDENTIAL INFORMATION 8.1. In the course of this Agreement one Party (“Receiving Party”) may receive from the other Party (“Disclosing Party”) data, information, documents, and other material belonging to, prepared by or for, or concerning the Disclosing Party (“Confidential Information”). For purposes of this Agreement "Confidential Information" shall mean any and all technical and business information that the Disclosing Party discloses or reveals to the Receiving Party, including but not limited to services, plans, products, policies, financial information; operational information, trade secrets, health care delivery processes and methods, and technical information including computer software programs, and shall include all summaries, extracts, copies, compilations, analyses, interpretations, presentations, and other materials derived therefrom. 8.2. The term "Confidential Information" shall not include information which (i) at the time of disclosure to the Receiving Party was publicly available or thereafter becomes publicly available through no fault of the Receiving Party; (ii) is disclosed by the Disclosing Party to a third party without a nondisclosure obligation; (iii) is already rightfully in the Receiving Party’s possession or is rightfully received by the Receiving Party without a nondisclosure obligation; (iv) is independently developed by the Receiving Party as evidenced by independent documentation; or (v) is a public record pursuant to Chapter 119, Florida Statutes. 8.3. If at any time the Receiving Party is requested or required as a result of a judicial or regulatory proceeding to disclose any Confidential Information, the Receiving Party agrees to provide the Disclosing Party with prompt notice thereof so that the Disclosing Party may seek an appropriate protective order. If the Receiving Party is required by law to disclose Confidential Information or else stand liable for contempt or suffer other censure, sanction or penalty, the Receiving Party may disclose such information to the extent required without liability hereunder. [A04-09900 /174996/1] 6 of 30 8.4. The Receiving Party agrees that until such time as any such Confidential Information becomes a part of the public domain without breach of this Agreement by the Receiving Party or any agent or employee of the Receiving Party, and in any event for at least five (5) years after termination of this Agreement, the Receiving Party shall: 8.4.1. treat and obligate the Receiving Party's employees, agents and representative to treat as secret and confidential, all such Information whether or not it be identified by the Disclosing Party as confidential; 8.4.2. not disclose any such Confidential Information to any person, firm, or corporation or use it in any manner whatsoever without first obtaining the Disclosing Party's written approval; 8.4.3. reveal the Confidential Information only to those employees, agents and representatives of the Receiving Party who require access to such Confidential Information in order to perform the Receiving Party’s obligations under this Agreement; and 8.4.4. not employ the Confidential Information to Receiving Party's advantage, other than as herein provided. 8.5. Neither Party shall disclose to the other any proprietary information obtained on a confidential basis from any third party unless (1) the Party receiving such information shall have first received written permission from such third party to disclose such information or; (2) such information is in the public domain at the time of disclosure; 8.6. Neither Party shall attempt to access information not necessary for its performance hereunder. 8.7 Notwithstanding the foregoing, the Parties recognize that Florida has a very broad public records law, and Cigna agrees pursuant to Chapter 119, Florida Statutes, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Client in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that Client would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Client all public records in possession of Cigna upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Client in a format that is compatible with the information technology systems of Client. (e) Cigna agrees to this provision 8.7 only on the understanding that this provision does not apply to patient records and other information that Cigna may possess that is subject to confidentiality pursuant to state and federal law, including but not limited to under the [A04-09900 /174996/1] 7 of 30 privacy and security regulations issued under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), as set forth in 45 C.F.R. Parts 160 and 164, and as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-5 (collectively, the “HIPAA Privacy and Security Rules”), to Cigna's contracts with health care providers, vendors, consultants, contractors and employees, or to Cigna's other proprietary, confidential or trade secret records that are not considered public records by Cigna. 9. NON-SOLICITATION 9.1. During the term of this Agreement, and for a period of one (1) year after termination of this Agreement for any reason, Client shall not directly or indirectly, alone or in concert with others, solicit or entice any employee or independent contractor then engaged to provide the Services hereunder, to leave the employment or engagement of Cigna in order for Client or a vendor or agent engaged by Client to provide substantially similar services as those provided in this Agreement. 10. LIMITATION OF LIABILITY 10.1. EXCEPT TO THE EXTENT THAT LIABILITY ARISES FROM INSTANCES OF EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OF ANY IMMUNITY TO WHICH CLIENT IS ENTITLED OR THE EXTENT OF ANY LIMITATION OF LIABILITY PURSUANT TO § 768.28, FLORIDA STATUTES. FURTHERMORE, THIS PROVISION IS NOT INTENDED TO NOR SHALL BE INTERPRETED AS LIMITING OR IN ANY WAY AFFECTING ANY DEFENSE CLIENT MAY HAVE UNDER § 768.28, FLORIDA STATUTES OR AS CONSENT TO BE SUED BY THIRD PARTIES. 11. INDEPENDENT CONTRACTORS 11.1. The Parties are independent contractors, and no Party is or shall represent itself as having, and nothing in this Agreement shall be construed as creating between the Parties, a relationship between the Parties as employer-employee, partners, principal- agent, joint venturers, or any relationship other than that of independent Parties. 12. COMPLIANCE WITH LAWS AND REGULATIONS 12.1. Each Party shall comply with all applicable federal, state and municipal laws and regulations related to their obligations under this Agreement. 12.2. Cigna shall secure any government or similar licenses and/or permits required for the proper performance of the services. [A04-09900 /174996/1] 8 of 30 12.3. All Cigna employees performing Services hereunder shall work under Cigna’s supervision. Client shall neither have nor exercise control or direction over the means and methods by which Cigna shall perform services. Cigna agrees that Cigna and its employees, representatives and other agents are not entitled to any Client employee benefits and that they are not eligible to participate in Client employee benefit programs. Cigna hereby indemnifies and agrees to defend and hold harmless Client from and against all claims that Cigna’s employees are employees of Client for any purpose whatsoever, including, without limitation, the withholding or payment of any federal, state, or local income or employment taxes. 13. INSURANCE 13.1.Cigna will maintain at its own cost, all necessary insurance (which shall include as a minimum, the requirements set forth below), for damages caused or contributed to, by Cigna and insuring Cigna against third party claims arising out of or resulting from activities or services performed by Cigna during the Term of this Agreement. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically Cigna must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum two (2) year tail following the termination or expiration of this Agreement: 13.1.1. Statutory worker’s compensation in accordance with the laws of the State of Florida. Coverage must be applicable to all employees. 13.1.2. Employer’s Liability insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. 13.1.3. Commercial General Liability insurance insuring against claims for bodily injury, property damage, completed operations and contractual liability with a limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate. 13.1.4. Automobile liability insurance covering all vehicles owned, non-owned, hired and leased only when utilized in the performance of Services under this Agreement of not less than One Million Dollars ($1,000,000.00) per occurrence. 13.1.5. Managed Care Errors and Omissions insurance in an amount of not less than One Million Dollars ($1,000,000) per claim. 13.1.6. Medical Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) in the aggregate. [A04-09900 /174996/1] 9 of 30 13.1.7 Cyber Liability insurance coverage in an amount adequate to meet or exceed the notification and monitoring requirements under Florida Statute § 501.171 for the contracted services but at a limit not less than Two Million Dollars ($2,000,000) each claim. 13.1.8 Prior to the execution of this agreement and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, Cigna will furnish Client with a Certificate(s) of Insurance (using appropriate ACORD certificate, signed by the issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City of Clearwater as a blanket additional insured under the Commercial General Liability and Automobile Liability policies. 13.2. Client agrees and acknowledges that: 13.2.1. Client is the owner or lessee of the Clinic facility; 13.2.2. Except as otherwise noted in this Section 13.2.3., Client is owner of all furniture, medical and administrative supplies, medical equipment and other contents of the Clinic (“Clinic Contents”) that Cigna or its Affiliate has purchased or may during the Initial or any Renewal Term of this Agreement purchase on behalf of Client, the cost of which is the responsibility of Client. 13.2.3. Cigna has purchased and shall be the owner of the following equipment (“Cigna Equipment”), and Cigna shall be entitled to retain ownership and possession of all such Cigna Equipment after expiration or termination of this Agreement for whatever reason: a) Computer CPUs b) Monitors c) Keyboards d) Computer Mice e) Laptops f) VPN Token Keys g) Air Cards h) Scanners i) Multi-Functional Printers j) Access Boxes (Label Printer/Network Connectors) k) Routers 13.3. During the term of this Agreement, Client will maintain at its own cost, all necessary insurance (which shall include as a minimum, the requirements set forth below), for damages caused or contributed to, by Client and insuring Client against third party claims arising out of or resulting from activities or services performed by Client during the Term of this Agreement: 13.3.1. Statutory worker’s compensation in accordance with applicable laws. [A04-09900 /174996/1] 10 of 30 13.3.2. Commercial General Liability, insurance insuring against claims for bodily injury, property damage, completed operations and contractual liability with a limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate. 13.3.3. Client shall maintain property insurance coverage for the clinic contents that are owned by the Client, or that are in the Client’s care, custody and control. The Client may also maintain other insurance it deems necessary relating to the operations of the clinic. 14. RESTRICTED USE OF PROGRAM MATERIALS 14.1. All Cigna program materials, including handouts, presentations, and workbooks (collectively, “Cigna Program Materials”), are the sole and exclusive property of Cigna. Any Cigna Program Materials distributed to program Participants may be used solely for the purpose of participating in the applicable Cigna program. Client shall not alter, republish, redistribute, record or rebroadcast Cigna Program Materials, including posting on the internet, without Cigna's prior written consent. 15. USE OF NAME AND TRADEMARKS; PUBLICITY 15.1. Client’s trademarks, service marks and trade names are the property of Client, and Cigna agrees that it shall not use (directly or indirectly) or register any of Client’s trademarks, service marks or trade names in connection with any products, services, promotions or publications without Client’s prior written approval. Cigna shall not remove or alter any trademark, service mark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in materials delivered to Cigna by Client without Client’s written approval. Cigna’s trademarks, service marks and trade names are the property of Cigna, and Client agrees that it shall not use (directly or indirectly) or register any of Cigna’s trademarks, service marks or trade names in connection with any products, services, promotions or publications without Cigna’s prior written approval. Client shall not remove or alter any trademark, service mark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in materials delivered to Client by Cigna without Cigna’s written approval. 15.2. Cigna shall not in the course of performance of this Agreement or thereafter use or permit the use of Client’s or any Affiliate’s name(s) in any advertising or promotional materials prepared by or on behalf of Cigna without the prior written consent of Client. Client shall not in the course of performance of this Agreement or thereafter use or permit the use of Cigna’s or any Affiliate’s name(s) in any advertising or promotional materials prepared by or on behalf of Client without the prior written consent of Cigna. Any public announcement regarding the Parties’ relationship and the nature of this Agreement shall be coordinated between the Parties and shall be in a form agreed upon by the Parties. 16. DISPUTE RESOLUTION 16.1. Negotiation. The Parties will attempt in good faith to resolve any controversy, dispute, claim or question arising out of or in relation to this Agreement (hereinafter, collectively “Controversy”) promptly by negotiation, provided that nothing herein shall be construed to limit, modify or negate the rights and remedies expressly provided to the Parties [A04-09900 /174996/1] 11 of 30 elsewhere in this Agreement (including the right to terminate this Agreement for cause or convenience). Resolution of whether any such actions are justified or permitted under this Agreement and the determination of any related damages, however, remain subject to this dispute resolution process. 16.2. Notice. The disputing Party shall give the other Party written notice of the Controversy (“Controversy Notice”). Within twenty (20) days after receipt of the Controversy Notice, the receiving Party shall submit to the other a written response. The Parties will meet within thirty (30) days of the date of the Controversy Notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Controversy. 16.3. Mediation. If the Controversy has not been resolved by negotiation within forty-five (45) days of the date of the Controversy Notice, or if the receiving Party fails to meet with the disputing Party within thirty (30) days of the date of the Controversy Notice, either Party may, upon written notice by one Party to the other, initiate mediation of the Controversy in accordance with the Commercial Mediation Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of this section. 16.4. Binding Arbitration. If the Controversy has not been resolved by mediation within thirty (30) days of the appointment of the mediator, or if a mediator is not appointed within thirty (30) days of the notice of mediation, upon written notice, either Party may elect to submit the Controversy to binding arbitration conducted in Tampa, Florida or elsewhere as agreed to by the Parties. The Parties agree and acknowledge that they are expressly waiving their rights to have any Controversy decided in a court of law and/or equity before a judge or jury, and instead are accepting the use of binding arbitration. Such arbitration shall be governed by the provisions of the Commercial Arbitration Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of this section. 16.5. Available Remedies. The arbitrator(s) may grant any remedy or relief deemed just and equitable with the exception of punitive or exemplary damages. The decision of the arbitrator, or a majority of the arbitration panel, shall be final and binding upon the Parties with no right to appeal. Judgment may be entered upon the award of the arbitrator(s) in any court of competent jurisdiction. Each Party shall assume its own costs, but the compensation and expenses of the arbitrator(s) and any administrative fees or costs associated with the arbitration proceeding shall be borne equally by each Party. 16.6. Exclusive Remedy. This dispute resolution process shall be the sole and exclusive means for resolving any Controversy, provided, however, that either Party may seek a preliminary injunction, attachments or other provisional judicial relief if such action is necessary to avoid irreparable damage or to preserve the status quo. Either Party may also, at its sole discretion, choose to eliminate the stages of negotiation and/or mediation by written notice to the other Party. Despite such action, the Parties will continue to participate in good faith in this dispute resolution process. 16.7. Tolling. The initiation of this dispute resolution process shall toll the running of the statute of limitations for any cause of action arising from the Controversy. All time limitations contained in this section may be altered by mutual agreement of the Parties. [A04-09900 /174996/1] 12 of 30 17. ASSIGNMENT AND DELEGATION OF DUTIES 17.1. Neither Party may assign their duties, rights, or interests under this Agreement unless the other Party shall so approve by written consent, provided however, that Cigna may assign its duties, rights and interest under this Agreement in whole or in part to a subsidiary or Affiliate or may delegate any and all of its duties in the ordinary course of business to a subsidiary or Affiliate. 18. BINDING EFFECT 18.1. This Agreement shall inure to the benefit of and bind the respective successors and assigns of the Parties hereto. 19. WAIVER 19.1. No delay or failure by either Party to exercise any right, power or remedy it has hereunder shall operate as a waiver of such right, power or remedy. A waiver by any Party of any breach shall not be construed to be a waiver of any succeeding breach. 20. TAXES 20.1. Client will be responsible for any applicable sales, use, or other like taxes (hereinafter, “tax” or “taxes”) attributable to periods on or after the agreement date based upon or measured by Cigna’s fees for performing or furnishing the services. To the extent Cigna is required to collect such taxes under applicable law, Cigna will separately state the amount of tax due on its invoices to Client. 20.2. Client and Cigna will cooperate to segregate the fees payable under this Agreement into the following separate payment streams: (1) those for taxable services, (2) those for nontaxable services, (3) those for which a sales, use or similar tax has already been paid, and (4) those for which Cigna functions merely as a paying agent for Client in receiving goods, supplies or services (including leasing and licensing arrangements) that otherwise are nontaxable or have previously been subject to tax. In addition, Client and Cigna will cooperate with each other to accurately determine each Party’s tax liability and to minimize such liability to the extent legally permissible. Parties will provide and make available to the other any resale certificates, information regarding out-of-state sales or use of equipment, materials or services, and any other exemption certificates or information reasonably requested by the other Party. 21. DISASTER RECOVERY AND BUSINESS CONTINUATION PLAN 21.1. Cigna covenants that it has, or will establish, contingency plans and procedures designed to prevent, circumvent or cure the adverse effects of an interruption of the Services to be provided to Client hereunder. Client shall be responsible for reimbursing Cigna for the cost of implementing such contingency plans due to an interruption in Services caused by acts or omissions of any third party, or acts of God, fires, wars, accidents, labor disputes or shortages, and governmental laws, ordinances, rules or regulations, whether valid or invalid. 22. APPLICABLE LAWS [A04-09900 /174996/1] 13 of 30 22.1. This Agreement shall be deemed to be entered into and shall be interpreted and construed in accordance with the laws of the State of Florida without regard to any conflicts of law principles, as if this Agreement were executed in and fully performed within that State. 23. EXHIBITS 23.1. All exhibits and schedules referred to or attached to this Agreement and all appendices thereto are integral parts of this Agreement as if fully set forth herein. All capitalized terms used in such exhibits and schedules and all appendices thereto shall have the same definition as in this Agreement, unless otherwise indicated in the exhibit, schedule or appendix. 24. SURVIVING PROVISIONS 24.1. The terms of Sections 4, 7, 8, 9, 10, 15, 16, 20, 22, 24 and 26 shall survive and continue after expiration or termination of this Agreement shall remain in effect until fulfilled, and shall apply to any successors and assigns. 26. HEADINGS 26.1. The headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof. 27. THIRD-PARTY BENEFICIARIES 27.1. Each Party intends that this Agreement shall not confer any rights or remedies upon any entity other than the Parties and their authorized assignees. 28. ENTIRE AGREEMENT AND SEVERABILITY 28.1. This Agreement, including its Exhibits and Task Orders issued hereunder, constitutes the entire contract between the Parties hereto with respect to its subject matter and supersedes all other communications and understandings, whether written or oral, relating to such subject matter. No change, amendment, or modification of this Agreement shall be binding unless in writing and executed by the Parties hereto. 28.2. Notwithstanding the foregoing, the Parties agree that this Agreement may be amended through use of a “Change Request Form,” a written statement signed by Client and Cigna authorizing a Change, substantially in the form of Exhibit 1 – Change Request Form, attached hereto. As used herein, "Change” means any and all changes to any the Agreement, or to any Schedule, Appendix, Amendment or Addendum to this Agreement that would materially alter the provision of the Services or the performance and completion thereof, and/or the Client’s responsibility for payment and/or reimbursement of any fees or expenses under this Agreement. All properly executed Change Request Forms shall be incorporated into and become part of the Agreement. 28.3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement, if capable of substantial performance, shall continue in effect. 29. INCORPORATION OF ATTACHMENTS [A04-09900 /174996/1] 14 of 30 29.1. All attachments attached hereto including all Schedules, Appendices and Exhibits are incorporated herein by reference. 30. COUNTERPARTS AND CONSTRUCTION 31.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. [Signature Page Immediately Follows] [A04-09900 /174996/1] 15 of 30 IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed in duplicate and signed by their respective officers duly authorized to do so, on the dates indicated below. CITY OF CLEARWATER CIGNA ONSITE HEALTH, LLC By: _________________________________ By: ___________________________________ Name: _________________________________ Name: Jeffrey T. Perry, PhD_________________ Title: _________________________________ Title: Chief Operating Officer, Vice President Date: Date: 11/5/2015 [A04-09900 /174996/1] 16 of 30 EXHIBIT 1 CHANGE REQUEST FORM Reference is made in the Professional Services Agreement by and between City of Clearwater (“Client”) and Cigna Onsite Health, LLC (“Cigna”), effective October 1, 2015 (the “Agreement”). This Change Request Form is referred to in Section 28 of said Agreement and shall be governed by said Agreement. All capitalized terms herein shall have the same meaning as ascribed to them in the Agreement, as amended, unless otherwise defined herein. Client Information: Date of Change Request: Account Number: Client Name: Client Location: Client Contact: Client Phone: Cigna Onsite Health, LLC /Contact Information: Contact / Title: Phone: Type of Change: New Requirement Change Request Additional Service Other, please specify: Change Description (attach supporting information if necessary): Target Effective Date of Change: Fee Estimate: Payment Method: Additional Comments: Approved and Accepted: CLIENT Cigna Onsite Health, LLC Signed: Signed: Name: Name: Title: Title: Date: Date: [A04-09900 /174996/1] 17 of 30 SCHEDULE A SCOPE OF SERVICES Reference is made to the Professional Services Agreement by and between City of Clearwater and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule A shall be as defined in the Agreement, unless otherwise indicated. 1. CLINIC LOCATIONS, COMMENCEMENT DATE, AND DAYS/HOURS OF OPERATION Cigna shall be responsible for providing Clinic Services at the following Clinic locations, commencing on the date listed below (“Clinic Commencement Date”) and continuing throughout the term of the Agreement, during the Days and Hours listed below. Clinic Location Clinic Commencement Date Days and Hours of Operation Powell Professional Center 401 Corbett Street, Ste. 240 Clearwater, FL 33756 November 2, 2015 Monday – Friday 7:00 a.m. – 5:00 p.m. Days and Hours of Operation may be changed from time to time, as mutually agreed upon in writing between the Parties. For purposes of these changes, written electronic communication shall be acceptable. For each Clinic identified above, Client shall provide to Cigna for Cigna’s use in connection with the Services, and at no charge to Cigna, Clinic space (the “Building” or “Buildings”), consisting of adequate square footage as agreed to by the Parties, in compliance with all applicable state and local laws and regulations (including but not limited to municipal fire and building codes). The Clinic will be closed on inclement weather days as determined by the Client and in accordance with the following Holiday schedule: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, and Christmas Day. 2. ELIGIBLE PARTICIPANTS SERVED a. Cigna shall provide Services to the following Participants eligible to receive Services: i. Client’s full-time and part-time employees covered under the Client’s benefit plan; ii. Dependent spouses and children of Client employees age two (2) years and older covered under the Client’s benefit plan; iii. Client’s retired employees covered under the Client’s benefit plan; [A04-09900 /174996/1] 18 of 30 iv. Elected officials covered under the Client’s benefit plan; and v. Former employees entitled to Services as Participants under the Consolidated Omnibus Budget Reconciliation Act (COBRA). b. Dependents under eighteen (18) years of age must be accompanied by a parent or guardian when visiting the Clinic. 3. CLINIC PREMISES AND BUILD-OUT a. Common Areas / Access Cigna, its invitees and employees and Participants shall have the right, in common with other occupants of the Building(s) and their invitees and employees, to use all stairways, elevators, halls, toilets and sanitary facilities, and all other general common facilities contained in the Building(s), and all sidewalks, delivery areas, parking facilities and other appurtenances to the Building(s). At no additional cost or expense to Cigna, Cigna shall have access to the Clinic(s) three hundred sixty-five (365) days a year, on a twenty-four (24) hour a day basis. b. Build-Out and Improvements by Client At no cost to Cigna, Client shall, at its sole expense, provide or arrange for the provision of adequate facilities to house the Clinic(s) as indicated in Section 1 a. above, and for the construction, renovation, remodeling and/or improvement of such facilities in order to accommodate effective and efficient operation of the Clinic(s), all of which shall be as mutually agreed upon by the Parties (“Build-Out”). Client shall, at its sole expense, perform all work and furnish all materials needed to complete the Build-Out of the Clinic(s) in accordance with all applicable state and local laws and regulations, including but not limited to municipal fire and building codes. Client shall be solely responsible for securing, at its sole expense, all state and local permits and registrations necessary for such Build-Out. Client shall conduct the Build-Out in a good and workmanlike manner in accordance with all applicable laws and regulations. Build-Out and improvements for the Clinic(s) shall be completed by Client on or before October 15, 2015 Client acknowledges that Cigna's ability to meet the Clinic Commentment Dates listed in this Schedule A are contingent upon Client completing the Build-Out and Improvements. c. Telephone and Computer System Connections For each Clinic, Client shall furnish at Client’s sole cost and expense, a telephone system, computer hook-ups, necessary for provision of the Services. d. High Speed Internet Access For each Clinic, Client shall ensure there are High Speed Internet services available to the building and extended to the Clinic. If no internet service providers have services established to the building or if services are not adequate to support the Clinic due to stability issues, Client shall: [A04-09900 /174996/1] 19 of 30 i. be responsible for all costs associated with establishing service to the building and installation of the line, including but not limited to trenching, wiring, materials and labor charges; or ii. provide connectivity to the Client network and supply two (2) Public IP addresses. e. IT Resources for Internet Troubleshooting For each Clinic, Client and Cigna shall identify IT resources to work collaboratively to: i. coordinate with the internet service provider to resolve connectivity issues at the Clinic; ii. acknowledge notice of the issue within one (1) hour; and iii. and to be available within a three (3) hour timeframe after acknowledgment. If Client IT resources are unable to provide IT assistance within the three (3) hour timeframe, Client shall be responsible for travel costs incurred to resolve the issue. f. Additions and Improvements by Cigna With written permission of Client, which shall not be unreasonably withheld or delayed, Cigna may make alterations, additions and improvements (“Alterations”) upon the Clinic(s) as desired, with the right to remove the same upon termination of the Agreement, or any renewal or extension thereof; provided, however, that (i) as indicated above, Cigna shall obtain written approval from Client of the Alterations to be made and written approval of the added costs to Client; and (ii) the Clinic(s) must be left in as good a state as when received, reasonable wear and tear and damage by fire or other casualty excepted. Failure to remove such Alterations shall not be deemed a renewal or extension under the terms of the Agreement, but shall be deemed an abandonment of such Alterations, and Cigna shall incur no costs for the removal thereof. In addition, any installation of special equipment requiring exceptional electric service or exceeding the live load rating shall be subject to Client written approval, which shall not be unreasonably withheld or delayed. g. Signage For each Clinic, Client shall install, affix and maintain, at its sole expense, signage at the entrance to the Building and the Clinic in a mutually agreed form and which at a minimum shall contain the name of the Clinic, as the Parties may mutually agree, the Clinic telephone number, and the hours of operation. Any and all signs shall conform to all applicable regulations and governmental requirements. Client shall at its sole expense remove any signs placed on or about the Clinic upon the termination of this Agreement or any extensions thereof, and repair the effects of any such removal. h. Access Modifications If modifications to the Clinic(s) are required in excess of standards imposed by applicable law and regulations, and Client is unwilling to make such modifications, then [A04-09900 /174996/1] 20 of 30 Cigna, at its sole expense, shall have the right (but not the obligation) to make such modifications to the Clinic(s) as it deems necessary or desirable to permit access by any employee or invitee with disabilities that restrict such person's ability to otherwise gain access to the Clinic(s). i. Client Obligations As to each Clinic, Client agrees, at its sole cost and expense, to: i. operate the heating and cooling equipment in the Building to maintain the Clinic between 65o F. and 75o F, 24 hours per day, 365 days per year; ii. provide clinic cleaning and janitorial services each day the clinic is open that meet exposure control requirements of Occupational Safety and Health Regulations for toxic and hazardous material. Such cleaning and waste removal must be adequate to minimize or eliminate risk to Clinic Staff and Participants from blood borne pathogens; iii. provide pest control and extermination service to a level consistent with that found in other first-class buildings in the area, with a frequency of at least twice per month; iv. keep and maintain the Building, common facilities, common areas, parking area, sidewalks and appurtenances in a first class condition; v. adequately light the Clinic, and provide and replace lamps and related equipment when necessary; vi. provide hot and cold water in the Clinic and provide sanitary and toilet facilities and supplies for use by Cigna, its employees and invitees, and Participants; vii. furnish and provide the Clinic with connectivity for computer systems, including high speed Internet access, and with electric current for lighting, normal office use, heating, air conditioning; viii. provide sufficient elevator service for access to the Clinic. At least one (1) elevator shall operate during non-business hours, affording access to the Clinic (if such Clinic is located other than on the ground floor); ix. provide adequate security services for the Clinic, the Building and common areas in and around the Building, including fire and burglar alarm devices and guard protection. Client shall monitor the burglary alarm, motion and duress alarms and temperature alarm and shall perform annual inspection and/or testing of the smoke detectors and fire extinguishers in the Clinic and elsewhere in the Building. Client shall also provide for the periodic maintenance and annual inspection of the Building fire alarm system; x. provide adequate parking spaces for Clinic Staff at no charge to Cigna or the Clinic Staff (as defined herein). j. Repairs and Maintenance [A04-09900 /174996/1] 21 of 30 As to each Clinic, Cigna shall maintain the Clinic in an attractive and neat condition and shall not permit or allow any waste to any portion of the Clinic. Client or its agents and employees shall have the right to enter the Clinic purpose of making repairs necessary for the preservation of the Clinic or Cigna's property maintained therein. Client shall make a reasonable effort to affect such repairs with a minimum of interference to Cigna, and, when practicable, all work shall be done after business hours. k. Reimbursements Related to Clinic Premises Client shall reimburse Cigna, its Affiliates and parent companies for any loss, damage or expense paid by Cigna or its Affiliates or parent companies, related to death or personal injury results or arises from hazards related to the Building(s) or the Clinic(s) that are the responsibility of the Client, including by way of example and not by way of limitation, claims for personal injuries related to the presence of asbestos, mold or other hazards. 4. CLINIC STAFF a. All clinical and administrative staff shall be employed by or independent contractors of Cigna or its Affiliates or parent companies. Cigna shall determine in its sole discretion, whether such staff must be independently contracted in order to comply with applicable state law. b. Cigna shall arrange for the following staff to provide Clinic Services (“Clinic Staff”) at the Clinic location indicated: Clinic Location Clinic Staff Powell Professional Center 401 Corbett Street, Ste. 240 Clearwater, FL 33756 One (1) Full-Time Physician One (1) Full-Time Advanced Practice Registered Nurse (“Mid-Level Practitioner”) One (1) Full-Time Registered Nurse providing integrated health consultation Two (2) Full-Time Medical Assistants One (1) Full-Time Medical Administrative Assistant Full-Time is defined as regularly working a forty (40) hour week. 5. CLINIC STAFF PAID TIME OFF AND LEAVE a. Client acknowledges and agrees that in addition to Cigna Holidays as defined in Section 1. of this Schedule A. and time off purchased by the Clinic Staff, the Clinic Staff employed by Cigna shall be entitled to paid time off (PTO) and other leave (“Leave”) in accordance with Cigna's standard policies and procedures (“Policies”) applicable to all employees of Cigna and its Affiliates in the same job grade or band as the Clinic Staff. PTO shall include: [A04-09900 /174996/1] 22 of 30 (i). vacation days; (ii). personal days; (iii). sick days; and (iv). other leave in accordance with current Cigna Policies. Leave shall include: (i). military leave; (ii). Family Medical Leave (FMLA); (iii). disability leave; and (iv). other leave in accordance with applicable law and current Cigna Policies. b. A Mid-Level Practitioner is also entitled to time for Continuing Medical Education (“CME”) up to five (5) days per year. c. Each year, Cigna will notify the Client with the total number PTO days and purchased days off to which the Clinic Staff is entitled that year. The number of Leave days cannot be determined in advance of the event requiring Leave; however, Cigna shall notify Client as soon as practicable in advance in the event Clinic Staff goes on Leave. d. In the event Clinic Staff is not on duty due to time off for which Clinic Staff is eligible as outlined in this Section 5 of this Schedule A. to the Agreement, the Clinic will be closed, unless otherwise arranged in accordance with Section 3.b. of Schedule B. to the Agreement. Cigna shall notify Client as soon as practicable in advance if the Clinic will be closed due to time off other than scheduled Holidays. e. For Clinic Staff not employed by Cigna, i.e., independent contractors, the number of days of PTO shall be as defined in the contract between Cigna and the Clinic Staff person, and shall be provided to Client upon request. f. Cigna shall provide a copy of Policies to Client upon request, and shall notify Client of any change in such Policies. 6. CLINICAL SERVICES Cigna shall provide Services in accordance with Cigna policies and procedures, and in accordance with such policies and procedures of Client that are mutually agreed upon in writing by the Parties. All Services provided shall be within the scope of the licensure and practice of the health professional(s) employed or retained by Cigna, and further shall be provided in accordance with all applicable federal and state laws and regulations. At each Clinic, Cigna shall provide or arrange for the provision of the following clinical services (“Clinical Services”): a. Primary Care i. Scheduled care, providing general health care services including ongoing medical management of chronic conditions. These services will include minor office based procedures, routine physicals, medical history and exam. [A04-09900 /174996/1] 23 of 30 ii. Physicians will be able to be designated by Participants as their primary care physician. b. Low Acuity Urgent Care/Episodic Care i. Examples include sprains and strains, sore throats, ear infections, urinary tract infections and headaches. Acute care visits include sufficient scheduled time to allow clinician to perform a full history and exam, lifestyle risk assessments, health promotion and preventive care discussion when needed and includes care coordination referrals and community physician referrals as appropriate. c. Monitoring Chronic Conditions i. Ensure that Participants with chronic medical conditions have appropriate community physician relationships and collaborate with physicians as needed; refer Participants to appropriate Client telephonic and online wellness programs, and encourages healthy lifestyles that address the chronic condition. d. Preventative Health Screenings and Immunizations i. Pre-employment and annual physical examinations with extended testing capabilities. The Client’s requirements for these services will be mutually agreed upon in writing by the Parties. ii. Annual flu vaccinations for eligible Participants ages nine (9) years through sixty- four (64) years; Hepatitis B series; Tetanus and Pertusis (TDAP); Tetanus (Td); Tuberculosis (PPD); and Pneumovax. Cigna shall invoice Client directly for immunization costs incurred by Client’s eligible Participants. iii. Follow-up allergy injections. An initial allergy injection must be given by the Participants allergist. iv. Pediatric vaccinations are excluded. v. Pediatric physicals (including well-child exams and “checkups”) are excluded. “Pediatric” is defined as services provided to employees’ eligible dependents who are less than eighteen (18) years of age. Eligible dependent children under age 18 must be accompanied by a parent or guardian to receive Services. e. Biometric Screening i. Provide scheduled screenings that may include but not limited to; Height, Weight, BMI, Body Composition, Blood Pressure, Total Cholesterol, HDL Cholesterol, LDL Cholesterol, Coronary Risk Ratio, Blood Glucose. f. Laboratory Services i. CLIA-waived (rapid test) laboratory testing on site; [A04-09900 /174996/1] 24 of 30 ii. Blood draws, urine collection, and collection of other specimens ordered by Clinic’s medical staff or community providers for pick up by contracted lab vendor. Results delivered to ordering provider. iii. Cigna shall invoice Client directly for Laboratory Services incurred by Client’s Eligible Participants. g. Personalized Coaching i. Clinic Staff shall provide onsite health education to help support and facilitate the Participants engagement with Client’ disease management program(s). ii. Assess lifestyle risks and discuss health improvement and preventive care and coordinate additional care if required. h. Pharmacy i. Limited quantity and formulary pre-packaged physician prescription dispensing. ii. Written prescriptions by Mid-Level Practitioner, as allowed by law. i. Radiology Services a. Cigna shall arrange for the provision for radiology services (“Radiology Services”) through a local radiology provider participating in the provider network of Cigna’s parent company or affiliate and located near the Clinic. Digital radiology equipment will not be located at the Clinic. b. Radiology Services include Flat Plate, Ultrasound, and CT capabilities to be conducted by a licensed radiologist. c. Cigna shall invoice Client directly for Radiology Services based on referrals provided to Participants by Clinic Staff only. d. Other radiology referrals, such as referrals for MRIs or other radiologic studies, and any referrals provided by non-Clinic Staff are not considered Clinic Services under this Agreement and must be submitted to the health benefit plan and are subject prior authorization review. j. Management i. Daily management of all clinic and administrative activities including but not limited to operations and personnel. 7. OPERATIONAL ASSUMPTIONS a. Cigna will use third party vendors contracted with Cigna, its parent companies or Affiliates, for supplies and equipment whenever possible and financially beneficial to do so. b. No material changes to this Scope of Services shall be effective without the prior written consent of the Parties in accordance with the Agreement. [A04-09900 /174996/1] 25 of 30 c. Cigna will ensure that its medical, professional and paraprofessional staff receive all necessary and requisite statutorily mandated in-service, annual or proficiency training, and other such professional or paraprofessional education and training programs needed to ensure current proficiency in the professional or paraprofessional’s particular health care discipline or specialty. 8. REPORTING a. Report Delivery Cigna will arrange for the production and delivery of quarterly and annual reports (“Reports”) to Client in accordance with Cigna’s standard reporting package and capabilities. Such Reports shall include the following: i. Quarterly Reports: a) Clinical b) Operations c) Medical Cost Savings and ROI d) Productivity e) Referral ii. Monthly Key Performance Indicators Dashboard The delivery timeframes, format, method and quantities for each Report shall be as mutually agreed upon in writing between the Parties. b. Report Privacy Any and all Reports provided by Cigna or the Clinic(s) to Client or its designees concerning the Services shall be in aggregate, de-identified form, unless otherwise permissible in compliance with applicable federal and state privacy laws and regulations, including but not limited to the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act. c. Ad Hoc Reports Cigna will produce and deliver ad hoc reports in such formats and timeframes as is mutually agreed upon in writing between the Parties, provided that Cigna may assess additional fees for any ad-hoc reports (or time required for specification and development of such ad hoc reports) that have a material impact on the Fees paid by Client to Cigna under Schedule B of the Agreement. Cigna will estimate any such additional fees for pre-approval by Client. 9. ADDITIONAL SERVICES a. Client may from time to time during the term of the Agreement request that Cigna perform an additional service not covered under this Schedule A (“Additional Service”). [A04-09900 /174996/1] 26 of 30 Upon receipt of such a request, Cigna shall submit a written proposal to Client for such Additional Service which shall include: i. A description of the services, functions, and responsibilities Cigna anticipates performing in connection with such Additional Service; ii. A schedule for commencing and completing such Additional Service; iii. Cigna’s prospective charges for such Additional Service, including a detailed breakdown of such charges; iv. A description of the human resources necessary to provide the Additional Service. b. Cigna shall not begin performing any Additional Service until Client and Cigna have entered into a mutually agreed upon written amendment to the Agreement governing such Additional Service. [A04-09900 /174996/1] 27 of 30 SCHEDULE B FEES PAYMENT TO CIGNA Reference is made to the Professional Services Agreement by and between City of Clearwater and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule B shall be as defined in the Agreement, unless otherwise indicated. 1. Operating Budget a. Cigna will use the attached Operating Budget (Appendix 1) as the projected budget for Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct Expenses, and Systems Expenses), Infrastructure Costs, estimated Implementation Costs and Management Fees related to the Clinic Services for the Initial Term. The Operating Budget may be modified based on any change in the Clinic Commencement Date, delay in the required Build-Out, or modification of services requested by the Client, as mutually agreed upon by the Client and the Cigna. Cigna shall use its best efforts to manage all Total Operational Expenses to those amounts listed in the Operating Budget. Client acknowledges that said Operating Budget constitutes Cigna's good faith projection of anticipated operating costs and expenses for the Clinics. Client understands and acknowledges that the Operating Budget may change, based upon the volume of Participants seen at the Clinics and other factors. b. Sixty (60) days prior to the expiration of the Initial Term of the Agreement, Cigna shall present to Client a proposed Operating Budget for the Clinic for any Renewal Term, and Client and Cigna shall mutually agree on such Operating Budget. Thereafter during any Renewal Term of the Agreement, sixty (60) days prior to the expiration of the Renewal Term, Cigna shall present to Client a proposed Operating Budget for the Clinic for the upcoming Renewal Term, and Client and Cigna shall mutually agree on such Operating Budget. 2. Audit a. Client or its designee shall be entitled to audit, upon forth-five (45) days prior written notice to Cigna, all documents and records related to Operational Expenses, with the exception of certain administrative and medical supplies and equipment, as identified by Cigna. Cigna shall not be required to provide to Client invoices or records concerning such administrative and medical supplies and equipment costs, where disclosure of pricing of such supplies and equipment is prohibited by confidentiality provisions in the applicable agreement between the vendor and Cigna for the purchase of such administrative and medical supplies and equipment. b. Audits shall be limited to one every twelve (12) months, and shall be conducted during normal business hours, at Cigna's offices at mutually agreeable locations. Client or its designee and their representatives conducting such audit shall be required to sign a confidentiality agreement as mutually agreed upon by the Parties. Such audits shall not include disclosure of Protected Health Information (PHI) as defined in the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). [A04-09900 /174996/1] 28 of 30 3. Adjustment to Operating Budget Baselines a. In the event that Client requests additional clinical and/or administrative personnel to provide the Services at the Clinic, the cost of which will exceed the staffing baselines set forth in the Operating Budget (Appendix 1), Client shall pay to Cigna, in addition to all Management Fees and Operational Expenses required in this Schedule B, an amount equal to the additional staffing compensation incurred in connection with the additional Services (“Additional Resource Charges”). b. If a Mid-Level Practitioner is on PTO or Leave, is ill or otherwise not available to provide Services (“Vacancy”), Cigna will inform Client of such Vacancy, and will determine in consultation with Client if the position needs to be temporarily staffed. In the event that Client elects to have such position filled on a temporary basis, Client shall so notify Cigna in writing. Client shall be responsible for all additional payment for staffing such Vacancies. Cigna shall use best efforts to manage the temporary labor utilized to fill Vacancies. Additional staff shall be of equal or higher degree of professional or paraprofessional designation as compared to Clinic Staff that are unavailable. c. Client shall not be responsible for payment of any PTO or Leave for any Clinic Staff who are independent contractors and not employees of Cigna. Client will only be responsible for payment of PTO and Leave relating to any of Clinic Staff who are employed by Cigna, as they are listed in Schedule A, Scope of Services. Client’s responsibility for payment of such PTO and Leave is included under the “Salary & Benefits” component listed in the applicable Operating Budget (Appendix 1). 4. Operating Expense Report On a quarterly basis, Cigna will provide Client with an Operating Expense Report for the preceding quarter. Cigna shall issue the Operating Expense Report to a mutually agreed upon contact for Client. Such Operating Expense Report shall include the following from the Total Operational Expenses (Salaries and Benefits, Supplies, Other G&A, Systems Expenses) from the Operating Budget (Appendix 1). 5. Payment a. Client shall pay and reimburse Cigna for the following as listed in the Operating Budget (Appendix 1): i. Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct Expenses, Systems Expenses); ii. Infrastructure Costs; iii. Implementation Costs; and iv. Management Fees. b. In addition, Client shall reimburse Cigna for Additional Resource Charges incurred under this Scope of Services. [A04-09900 /174996/1] 29 of 30 c. On or before the 20th day of each month, Cigna will issue to Client an invoice for Fees, Operational Expenses, Implementation Costs and Additional Resource Charges (collectively, “Clinic Fees”) due and owing for Clinic Services performed during the preceding month (each “Billing Period”). Client shall pay Cigna within thirty (30) days of receipt of an invoice for Clinic Fees. d. Notwithstanding the above, Cigna shall invoice City of Dunedin directly for expenses incurred by it’s Eligible Participants for Laboratory Services; Flu immunizations; and Radiology Services as described in under “Clinic Services” in Schedule A. City of Dunedin shall pay and reimburse Cigna directly for such invoices. 6. Records Cigna shall maintain such books, records and documents to reflect the expenditures of all funds under the Agreement and all Schedules and Appendices thereto, in accordance with generally accepted accounting principles. Cigna shall prepare and provide Client with copies of an annual invoice summary statement and such other reports as the Client and Cigna may mutually agree upon in writing. [A04-09900 /174996/1] 30 of 30 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4664 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an amendment to the agreement between Tivity Health Services, LLC and the City of Clearwater (City), allowing the City to be a provider of fitness SilverSneakers Signature classes for eligible Medicare Members (SilverSneakers Program) and Prime Members (Prime) at the Morningside Recreation Complex, 2400 Harn Blvd. Clearwater, FL; authorize the City Manager and/or his designee to approve any future amendments to the agreement in regards to location, amenity and/or programs changes and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 21, 2017, the City Council approved an agreement between Tivity Health Services, LLC and the City allowing the City to continue providing wellness services and benefits for eligible Medicare members who are part of the “SilverSneakers Program” and Prime Members eligible through employer sponsored programs. The new Morningside Recreation Complex was not included in this agreement as an approved location to provide signature classes and services. The proposed contract amendment allows the City to offer SilverSneaker Signature Classes at the Morningside Recreation Complex including both land and aquatic based classes. In order to expedite future amendments regarding location, amenity and program changes, staff is recommending that the City Manager or his designee be authorized to approve such amendments. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4681 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve receiving funds awarded to the City from Senior Citizens Services, Inc. in the amount of $9,960 to expand Evidence Based Wellness Programs (EBWP) for older adults and increase a special program 98606, Senior Citizens Services - EBWP at third quarter. (consent) SUMMARY: The City has been awarded funds in the amount of $9,960 to expand EBWP in Clearwater to improve older adults’ quality of life through proven, research tested interventions for Clearwater adults age 55 and older. The program expansion would occur for the evidence-based programs which include: Stanford University’s Chronic Disease Self Management Program (CDSMP) and the Arthritis Foundation’s Walking with Ease (WWE) program. There is proof that older adults who participate in EBWP can lower their risk of chronic diseases and falls or improve long-term effects of chronic diseases or falls. EBWP are based on rigorous study of the effects or outcomes of specific interventions or model programs. They demonstrate reliable and consistently positive changes in important health-related and functional measures. Funds will be used for programs and initiatives in Clearwater, Florida, as well as training for staff and instructors to become trainers. No matching funds are required. This grant was approved by the Resource Management Committee at their June 6, 2018 meeting. No additional operating impacts are needed to support this program. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase special program 98606, Senior Citizens Services - EBWP by $9,960. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/19/2018 File Number: ID#18-4681 Page 2 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4663 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School and Clearwater Fundamental for a three-year period commencing July 1, 2018 through June 30, 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the terms of the three-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School (2 officers), Countryside High School (2 officers), Oak Grove Middle School (1 officer) and Clearwater Fundamental (1 officer) during the regular school years. The assigned officers will provide site security, instruction in law education, will serve as resource persons, conduct investigations, maintain the peace, make arrests if necessary and provide support services as needed. The annual cost of salaries and benefits of six officers over a one-year period will be $468,356. Total annual reimbursement from the School Board will be $58,000.00 for each officer, for a total reimbursement of $348,000 to the City for SRO services during each year of the agreement. Additional funding needed ($120,356) will be provided by a transfer of Florida Contraband Forfeiture Fund revenues. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. This agreement includes increasing police officer staffing by one officer at each high school and an additional officer to begin coverage at Clearwater Fundamental. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase special project P1801, School Resource Officers by $348,000.00 in reimbursement revenues to recognize Pinellas County’s portion of funding. An amendment will also transfer $120,356 in fine revenue from special program 181-99330, Florida Contraband Forfeiture Fund, to P1801, School Resource Officers to fund the balance needed for the first year of the agreement. Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4642 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to Atkins North America, in the amount of $115,007 for the study of water circulation around Cooper’s Point (18-0009-EN) and authorize the appropriate officials to execute same. (consent). SUMMARY: Cooper’s Point Master Plan identified several projects that would provide ecological and recreational opportunities. This circulation study will build upon that initial plan. By evaluating several alternatives for each project, the best overall project with the most ecological benefit will be determined. Alternatives to be evaluated include channel dimensions, inlet openings, and culvert locations. The circulation study results will be used for future project design, permitting and assist in applications for cooperative funding and grants. The project will be completed within six months from approval. APPROPRIATION CODE AND AMOUNT: ENST180005-STDY-PROSVC Funds are available in capital improvement project ENST180005, Coastal Basins , to fund this work order. Page 1 City of Clearwater Printed on 6/19/2018 WORK ORDER INITIATION FORM 1 of 7 Revised: 2/11/2016 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:05/15/2018 Project Number:___________ City Project Number:18-0009 EN 1.PROJECT TITLE: Cooper’s Point Circulation Study 2.SCOPE OF SERVICES: Atkins has prepared this proposal for the City of Clearwater (City) to support the City of Clearwater with the evaluation of the potential for improved ecological and recreational values of Cooper’s Bayou, including potential improvement of seagrass growth. The project area is at Cooper’s Point which is north of Courtney Campbell Causeway on the west side of Old Tampa Bay. The Coopers Point Master Plan evaluates several options for improving the ecological and recreational values of Coopers Bayou, including a widened culvert and kayak/canoe path under Damascus Road, cleaning out/widening mosquito ditches, and a large tidal-flushing culvert under the Courtney Campbell Causeway. Atkins coastal engineers will evaluate several alternatives to enhance tidal flushing, in tandem with Atkins environmental scientists to determine anticipated ecological benefits. Atkins coastal engineers will perform a flushing analysis of the Bayou and surrounding areas using a state-of-the-art coastal circulation model (Delft3D). The environmental evaluation will consist of two basic assessments: the ecological value of existing conditions, and the anticipated ecological improvements associated with the recommended alternative for enhanced tidal flushing. Each scenario will be evaluated qualitatively as well as quantitively via the Uniform Mitigation Assessment Method (UMAM) to determine mitigation value to compensate for other regional seagrass and/or mangrove impacts. The environmental evaluation will also include analysis of the regulatory rules and criteria, including permittability and strategy to best assure environmental agencies’ approval. The proposed scope of work for this Work Order is as follows: 1.0 Project Management, Coordination & Meetings, QA/QC:Atkins will assign a Project Manager to manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’ Project Manager will be responsible for overall client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. 2.0 Existing Data Review and Compilation Atkins will compile and review existing data for the purposes of assessing the existing conditions of Cooper’s Bayou. These data in combination with hydrodynamic modeling will correlate hydrological flushing with ecological value, as a baseline with which to estimate the potential ecological value of potential restoration and/or enhancement opportunities. The data synthesis and analysis will include the following: WORK ORDER INITIATION FORM 2 of 7 Revised: 2/11/2016 Obtain and review seagrass and mangrove coverage, species composition and density from TBEP, Hillsborough County EPC, City of Clearwater, SWFWMD, and existing permits (e.g. Easter Mitigation Bank, permits and applications for previous restoration projects) Review of historic aerials to determine historic conditions, including (if available) pre- Causeway conditions Potential areas for seagrass expansion based on sediment conditions (seagrass presence/absence based on sediment data from TBEP, EPC, etc.) Coordination with coastal modeling to evaluate relationship between tidal flushing and the coverage, species and density of seagrass and mangroves Effect of Pyrodinium on seagrass coverage and density, per literature and data review Deliverables Atkins will provide a technical memorandum to synthesize the existing data available described above. 3.0 Hydrodynamic Modeling:A nested grid modeling approach will be employed, with an existing regional-scale model representing all of Tampa Bay being used to generate boundary conditions for a local, high-resolution model of Cooper’s Bayou and western Old Tampa Bay. This nested model framework allows for Gulf-to-Bay circulation processes to be represented in the model, while saving most of the computational expense for the area of interest. The local, high-resolution model will include the western portion of Old Tampa Bay (extending both north and south of the Courtney Campbell Causeway) and Cooper’s Bayou, with sufficient resolution provided to simulate flow through the mosquito ditches in the southern portion of the Bayou. To the extent possible, model data from previous studies of Cooper’s Bayou and surrounding areas will be leveraged for this project. This includes, but is not limited to: bathymetric and topographic data, existing structure locations, dimensions and invert elevations, model validation data and physical parameters, stormwater inflows, etc. It’s assumed that this data is sufficiently accurate to support the proposed flushing analysis and will be carried forward as appropriate. Up to five (5) potential alternatives will be evaluated, with the model setup adjusted to conceptually represent the hypothetical elements for each alternative (channel dimensions, inlet opening, etc.). Each alternative will be selected through coordination with Atkins’ team of scientists/engineers and City staff. It is likely that this will be an iterative process, with model results for one alternative informing the conceptual elements of subsequent alternatives. Each conceptual alternative will be simulated using typical astronomic tide and stormwater inflows as defined in previous studies (additional stormwater modeling will not be performed as part of this task). Extreme event scenarios will not be considered part of this scope of work. In the end, each conceptual alternative will be evaluated in terms of improved residence times and the associated potential for improved seagrass growth within Cooper’s Bayou. Assumptions/Limitations Data available from previous model studies of Cooper’s Bayou and surrounding areas is sufficiently accurate to support the proposed flushing analysis described above. WORK ORDER INITIATION FORM 3 of 7 Revised: 2/11/2016 Up to 5 alternatives will be evaluated as part of this analysis, The modeling proposed herein does not consider the long-term erosion/deposition of sediments as a result of project impacts. Sediment transport potential can be evaluated as part of the permitting phase if necessary for permit. Each alternative will be simulated for typical tide and inflow conditions; extreme event scenarios are not considered part of this scope. Additional stormwater modeling/analysis will not be performed as part of this effort. Deliverables A Cooper’s Point hydraulic model to analyze circulation possibilities in Cooper’s Bayou (including input/output files). Technical memorandum that summarizes the master plan model update and relevant results 4.0 Permitting Feasibility Assessment / Agency Coordination: Atkins will conduct conference calls and/or pre-application meetings with the SWFWMD, NMFS, USACE, and TBEP to determine permittability of restoration options identified in collaboration with Atkins modelers. This permitting feasibility assessment will include applicable permit mechanisms, permitting timeframes and associated fees. 5.0 Report:Atkins will compile the data obtained and analyzed including the meetings with applicable permitting agencies to synthesize a recommended approach for Cooper’s Bayou. Specifically, the report will provide documentation of the results analyzed as part of the alternatives analysis portion of this work order (Task 3.0 – Hydrodynamic Modeling) in correlation with the potential growth of seagrass. The report will include an overall permitting strategy to best assure environmental agencies’ approval. 3.PROJECT GOALS: The goal of this Work Order is to provide an evaluation of several alternatives to enhance tidal flushing within Cooper’s Bayou in order to improve the ecological and recreational values of the bayou, as well as potential improvement of seagrass growth. 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by Atkins for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed One hundred fifteen thousand seven dollars ($115,007). 5.SCHEDULE: Atkins will submit the report for the Cooper’s Point Circulation study within 6 months from the notice to proceed. 6.STAFF ASSIGNMENT (Consultant): Atkins Team’s Key Staff: Daniel Parsons, PE, CFM, ENV SP Project Manager WORK ORDER INITIATION FORM 4 of 7 Revised: 2/11/2016 Shayne Paynter, PhD, PE, PG Senior Engineer Todd DeMunda, PE Senior Engineer David Loy Senior Scientist 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Daniel Parsons, PE, CFM, ENV SP (813) 281-4856, daniel.parsons2@atkinsglobal.com All City project correspondence shall be directed to: Sarah Kessler, CFM (727) 562-4897, sarah.kessler@myclearwater.com with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 City Invoicing Code: ENST180005-STDY-PROSVC 9.INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. WORK ORDER INITIATION FORM 5 of 7 Revised: 2/11/2016 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: ________________________________________________ Charlotte Maddox, PE D. Scott Rice, PE Vice President City Engineer Atkins North America City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 6 of 7 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc.software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 7 of 7 Revised: 2/11/2016 Cooper’s Point Master Plan – Conveyance Improvements WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Project Management, Coordination &Meetings, QA/QC $15,240 $15,240 2.0 Existing Data Review & Compilation $21,036 $21,036 3.0 Hydrodynamic Modeling $50,322 $50,322 4.0 Permitting Feasibility Assessment / Agency Coordination $10,328 $10,328 5.0 Report $18,081 $18,081 Grand Total $115,007 SAN SAN LNBAYCALAISSANMADERATHOMAS RD WOLFE RD SANGRAND VIEW HOYT AVEMOSSAVE AVE BAYSI DECR-611F e a t h e r w o o dMcMULLEN BOOTH RDJOHNS PARKWAY DOWNING ST BAY "K" STLN CHAMBLEE BORDEAUX LN LN C R -31Bay StKentucky Ave Cherry Ln Cleveland St CR-611AVETerrace View Ln DR OAK VISTA GLEN AVEKOVE CT CIRCIRKAPOK KAPOKCrescent LnDR SR-590 Abbey Ct BayouALAMEDAMONTEREYMAXIMODamascus RdC A M P B E L L ST ST MATEO BERNADINO MacDonald SR-60 C O U R T N E YBAYSHORE BLVDLN C ooper'sC A U S E W A YAlligatorLakeARLIE GABRIEL ST SAN ST ST CARLOSCTSAN D O M I N G O ROSE RDBAYSHORES T A V E PEDRO JOSEAVE S A N AVEBraesideBLVDAVE AbbeyColonial Dr CLEARWATER SAFETY HARBOR RD Ave DREW ST EDDIE C. MOORE RECREATION COMPLEX Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM SK N.T.S.xxx n/a06/04/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: COOPER'S POINTCIRCULATION STUDYProject # 18-0009-EN Document Path: V:\GIS\Engineering\Location Maps\CoopersPointCirculStudy.mxd COOPER'SPOINT OLDTAMPABAY STU D Y A R EA STU D Y A R EA Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9168-18 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 12 Idlewild Street to vacate a water main easement located on their property and pass Ordinance 9168-18 on first reading. (VAC2018-06) SUMMARY: The property owner has requested the City vacate the 2’ water main easement located on this property as the owner moves forward with developing this site for residential use. There are no utilities present in this easement. All appropriate City departments have reviewed this request and have no objection to this vacation. Page 1 City of Clearwater Printed on 6/19/2018 ORDINANCE NO. 9168-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 2 FOOT WATER MAIN EASEMENT ALONG THE EAST LINE OF LOT 1, BLOCK 3, REVISED MAP OF CLEARWATER BEACH AS RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: An easement described as follows: See Exhibit A is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 1 Ord. No. 9168-18 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 2 Ord. No. 9168-18 MANDALAY AVE BAY ESPLANADE POINSETTIA AVE ACACIA ST IRIS ST BRUCE AVE SOMERSET ST ELDORADO AVE ASTER ST CYPRUS AVE B O H E N I A C I R S ROYAL WAY CAMBRIA ST AVALON ST IDLEWILD ST KENDALL ST HEILWOOD ST GLENDALE ST JUANITA WAY ROCKAWAY ST J U A N I T A W A Y BAY ESPLANADE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROPOSEDVACATION ^ CRM JB N.T.S.258A 05-29s-15e5/29/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROPOSED EASEMENT VACATION12 IDLEWILD STREETGULFOFMEXICO Document Path: V:\GIS\Engineering\Location Maps\12IdlewildEasementVacation.mxdCLEARWATERHARBOR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4661 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the Release of Reservation for the purpose of discharging certain rights retained by the City of Clearwater in previously owned land lying in the Northwest quarter of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida in favor of Prospect Park Development, LLC; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater (City) transferred ownership of certain real property to the Community Redevelopment Agency of the City of Clearwater (CRA) on August 7, 2014. This property was then conveyed by deed from the CRA to Prospect Park Development, LLC, for the construction of The Nolen Apartments. Florida Statutes Section 270.11 provides for a reservation of certain underlying phosphate, mineral, metal and petroleum rights to the city when conveying real property. In the deed from the City to the CRA, the City did not release its interest in all mineral rights, in on or under the surface of this land. Prospect Park Development, LLC, is attempting to re-finance their construction loan for The Nolen Apartments. Their lender has raised concerns over the City’s retention of these mineral rights in the deed and has requested the release of the reservation as a condition of financing. This Release of Reservation will release, relinquish and disclaim all of the City of Clearwater’s right, title or interest in all minerals along with the right to enter upon the property for purposes related to this reservation of mineral rights. Page 1 City of Clearwater Printed on 6/19/2018 L1N 89° 57' 44" W21.42'L2S 00° 17' 21" W25.71'Point of BeginningLineDirectionLengthL3N 53° 04' 15" W27.08'L4S 23° 09' 10" E4.77'Point of CommencementSE Corner of Parcel 64 (P-64)"Mediterranean Village in the Park"Plat Book 125, Page 44-46N 89° 39' 04" W 386.83'L1L2 S 00° 04' 00" W 80.50'S 89° 39' 04" E150.00'S 00° 04' 00" W 119.20'S 89° 39' 04" E139.15'S 00° 17' 21" W 91.53'L9L3S 89° 42' 36" E76.33'L5L6L7L8L9N 15° 56' 32" W 122.03'N 05° 34' 56" W 61.39'N 29° 12' 41" W 115.70'S 89° 42' 36" E63.71'N 66° 50' 50" E10.99'S 89° 42' 36" E4.30'S 23° 09' 10" E32.70'N 00° 17' 24" E26.04'S 89° 42' 36" E46.67'L6L5L4L7L8Prospect LakeProposed Prospect Lake DevelopmentPreviously Vacated Right-of-WayPreviously Vacated Right-of-Way Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4666 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Award a construction contract to Mid-South, LLC, of Orlando, FL, in the amount of $119,955 for the Demolition of Fire Station 45 (09-0036-FD) and authorize the appropriate officials to execute same. SUMMARY: This project will demolish the old Fire Station 45, the adjacent garage and south parking lot located on 610 Franklin Street. The new Fire Station 45 was completed in late 2014 at 1140 Court Street. Six bids were received. After comparing and evaluating the bids, the Engineering Department has determined the lowest responsible bid, including the alternate, from Mid-south, LLC is consistent with project scope and recommends award of this demolition contract to Mid-South, LLC. It is anticipated that demolition will be accomplished within 90 days from Notice to Proceed. APPROPRIATION CODE AND AMOUNT: 3157522-563500-91272 $119,955 A third quarter budget amendment will provide a transfer of $52,000 from capital improvement project 93535, Countryside Library Demolition, to capital improvement project 91272, Old Fire Station 45 Demolition, to fund this contract. Funds are available in capital improvement project 91272, Old Fire Station 45 Demolition, to fund this contract. Page 1 City of Clearwater Printed on 6/19/2018 Bid Opening: April 17, 2018 at 1:30pm Award Date: May 17, 2018 City Project 09-0036-FD Bid Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization/Demobilization LS 1 $ 1,500.00 1,500.00$ $ 25,000.00 25,000.00$ $ 2,000.00 2,000.00$ $ 51,108.92 51,108.92$ $ 5,000.00 5,000.00$ $ 25,000.00 25,000.00$ 2 Asbestos Abatement LS 1 $ 46,000.00 46,000.00$ $ 48,000.00 48,000.00$ $ 62,100.00 62,100.00$ $ 37,075.00 37,075.00$ $ 34,597.00 34,597.00$ $ 45,920.00 45,920.00$ 3 Hydraulic Lift Removal And Disposal LS 2 $ 200.00 400.00$ $ 2,000.00 4,000.00$ $ 2,000.00 4,000.00$ $ 2,500.00 5,000.00$ $ 1,250.00 2,500.00$ $ 1,540.00 3,080.00$ 4 Buildings Demolition And Disposal LS 1 $ 55,500.00 55,500.00$ $ 128,500.00 128,500.00$ $ 68,900.00 68,900.00$ $ 134,000.00 134,000.00$ $ 49,553.00 49,553.00$ $ 52,425.00 52,425.00$ 5 Asphalt Removal And Disposal LS 1 $ 900.00 900.00$ $ 9,500.00 9,500.00$ $ 1,500.00 1,500.00$ $ 25,000.00 25,000.00$ $ 8,000.00 8,000.00$ $ 4,840.00 4,840.00$ 6 Grade LS 1 $ 1,200.00 1,200.00$ $ 12,000.00 12,000.00$ $ 5,000.00 5,000.00$ $ 6,000.00 6,000.00$ $ 2,400.00 2,400.00$ $ 2,720.00 2,720.00$ Subtotal LS 1 105,500.00$ 227,000.00$ 143,500.00$ 258,183.92$ 102,050.00$ 133,985.00$ 7 10% Contingency LS 1 10,550.00$ 10,550.00$ 22,700.00$ 22,700.00$ 14,350.00$ 14,350.00$ 25,818.39$ 25,818.39$ 10,205.00$ 10,205.00$ 13,398.50$ 13,398.50$ Total Base Bid LS 1 116,050.00$ 249,700.00$ 157,850.00$ 284,002.31$ 112,255.00$ 147,383.50$ Bid Item Alternate Bid Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 8 Sod LS 1 $ 10,200.00 10,200.00$ $ 11,500.00 11,500.00$ $ 32,200.00 32,200.00$ $ 19,200.00 19,200.00$ $ 7,000.00 7,000.00$ $ 12,290.00 12,290.00$ 9 10% Alternate Contingency LS 1 1,020.00$ 1,020.00$ 1,150.00$ 1,150.00$ 3,220.00$ 3,220.00$ 1,920.00$ 1,920.00$ 700.00$ 700.00$ 1,229.00$ 1,229.00$ Total Alternate Bid LS 1 11,220.00$ 12,650.00$ 35,420.00$ 21,120.00$ 7,700.00$ 13,519.00$ D.H. Griffin Wreching Co., Inc. 2812 E. Airport Rd. Plant City, FL 33563 Howard Jimmie 607 Nicholson St. Clearwater, FL 33755 Khors Construction 12222 Anne Kenia Dr. Thonotosassa, FL 33592 Mid-South Contractors, LLC 8255 Lake Underhill Rd. Orlando, FL 32825 Steve's Excavating & Paving, Inc. PO Box 303 Dunedin, FL 34697 Fire Station 45 Demolition City Project 09-0036-FD City of Clearwater, Florida Bid Tabulation Sheet Cross Construction Services, Inc. 25221 Wesley Chapel Blvd. Lutz, FL 33559 PA RK ST PARK ST S EAST AVES EAST AVECOURT ST COURT ST PIERCE ST PIERCE ST FRANKLIN ST FRANKLIN ST S GARDEN AVE S GARDEN AVE S GARDEN AVE S GARDEN AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM I_D N.T.S.286 B 16-29s-15e03/22/2018Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: PROJECT #: 09-0036-FIFIRE STATION 45 DEMOLITION Map Document: V:\GIS\Engineering\Location Maps\09-0036-FI.m xd DEMOBUILDINGDEMOBUILDING DEMOPARKING LO T SECTION V Page i Updated: 3/5/2018 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON COLLUSION AFFIDAVIT............................................................................................................ 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SECTION V – Contract Documents SECTION V Page 1 of 16 Updated: 3/5/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Mid-South Contractors, LLC 8255 Lake Underhill Rd. Orlando, FL 32825 863-602-1359 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: Fire Station 45 Demolition PROJECT NO.: 09-0036-FD PROJECT DESCRIPTION: The demolition of ~ 23,000 square feet of the old Fire Station 45 which consists of 2 buildings located at 610 Franklin Street in Clearwater, FL. BY THIS BOND, We, Mid-South Contractors, LLC, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of Base Bid of $ 112,255.00 and Alternate Bid of $ 7,700.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Fire Station 45 Demolition Project, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 16 Updated: 3/5/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Mid-South Contractors, LLC By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 16 Updated: 3/5/2018 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2018 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Mid-South Contractors, LLC, of the City of Orlando County of Orange and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Fire Station 45 Demolition PROJECT NO.: 09-0036-FD in the amount of Base Bid $112,255.00 and Alternate Bid $7,700.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. , SECTION V – Contract Documents SECTION V Page 4 of 16 Updated: 3/5/2018 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed with in the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed th at this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 16 Updated: 3/5/2018 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 16 Updated: 3/5/2018 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 16 Updated: 3/5/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Fire Station 45 Demolition Engineering Dept. PROJECT NO.: 09-0036-FD 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Mid-South Contractors, LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of Mid-South Contractors, LLC 8255 Lake Underhill Rd. Orlando, FL 32825 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): SECTION V – Contract Documents SECTION V Page 16 of 16 Updated: 3/5/2018 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector Li st, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE 1 Call, Rosemarie From:Maxwell, Micah Sent:Tuesday, June 19, 2018 11:58 AM To:Call, Rosemarie Subject:Fwd: Old FS 45 Attachments:FS 45 Conditions Report - 2008.pdf Get Outlook for Android From: Rice, Scott Sent: Monday, June 18, 3:28 PM Subject: Old FS 45 To: Maxwell, Micah Micah, The attached includes the text only of the executive summary of the FS 45 evaluation. I believe questions were answered accurately at the Work Session as it starts out stating the building is suitable for substantial renovation and ends with recommending replacement of the exterior cladding, roof and windows. The report indicates that contract drawings are dated August 1973. This report is dated 2008 and the condition evaluated against the 2004 Florida Building Code. I would expect some code revisions since that time that could potentially affect the evaluation. We will also be looking for info on the HVAC system, asbestos and other items that could impact future use. I will bring the full report to Strategy tomorrow. Scott From: Benwell, James Sent: Monday, June 18, 2018 3:03 PM To: Rice, Scott <Scott.Rice@myClearwater.com> Subject: FS 45 Site Attached is the PDF for the beginning summary of the report on Old FS 45. This is what I sent to Ms. Patrick when she was interested in acquiring the property and building. Jim Benwell Real Estate Services Coordinator City of Clearwater (727)562-4754 (direct) (727)562-4755 (fax) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4668 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Authorize one one-year term extension to Central Florida Contractors, Inc. of Seminole, Florida, for the 2017 Sidewalk Construction (16-0016-EN) contract, in the annual amount of $1,400,000.00, with one one-year renewal term at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: The original contract was approved by City Council on February 16, 2017, in the amount of $527,468.98. This project scope includes significant amounts of American Disabilities Act (ADA) related upgrades as well as a greater amount of repair and replacement work to existing sidewalks throughout Clearwater. The contractor has performed well and agrees to hold his unit prices from the original contract, hence staff proposes to exercise the first of two annual renewal provisions included in this contract. The second renewal will be evaluated upon completion of this first renewal. Renewal provisions for this contract state, per Section III, Article 17.6 of the Contract Documents, “Contracts may be renewed for up to two years, upon mutual consent of both the Owner and Contractor”. This renewal will be effective for the second, one -year period, with the option to renew for a third year at the City’s discretion. APPROPRIATION CODE AND AMOUNT: ENRD180004-CONS-CNSTRC $1,400,000.00 (annually) Funding is available in Capital Improvement Project (CIP), ENRD180004, Streets and Sidewalks, in the amount of $1,400,000.00 for FY2018 and will be included in FY2019 CIP ENRD180004, Streets and Sidewalks to renew year three. Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4689 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve Joint Project Agreement (JPA) funding to Pinellas County for Utility Relocations related to the South Highland Avenue Drainage Improvements from Jeffords Street to Pine Street Project in the amount of $135,746.10; and authorize appropriate officials to execute same. (consent) SUMMARY: Pinellas County intends to improve the drainage along S. Highland Avenue from Jeffords Street to Pine Street. Construction is anticipated to begin in October 2018 with completion in September 2019. This construction will necessitate the relocation or adjustment of the City ’s water, sanitary sewer lines within the project limits. March 31, 2017, the JPA was administratively executed by the City Manager with estimated costs of construction of $80,734.50. Following the execution of the JPA, the County further modified the design which triggered the City to relocate additional water mains within the project area. March 31, 2018, the first Amendment of the JPA was executed per request of the County to extend the contract time of the JPA. May 31, 2018, Pinellas County received four bids for the subject project and the lowest responsive bidder is Kamminga & Roodvoets, Inc. with the City ’s cost of $129,282.00. Staff reviewed the bid and recommends acceptance. The City will transfer funds to the County in the amount of $135,746.10, the bid amount plus 5% for administration fees added by the County. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96722 $135,746.10 Funding is available in Utility Renewal and Replacement Project 96722, Line Relocation - Main, to fund the JPA. Page 1 City of Clearwater Printed on 6/19/2018 Line No.Pay Item No.Description Quantity Unit UnitPrice Amount UnitPrice 63 101-0100 MOBILIZATION 1.00 LS 130,000.00 $130,000.00 $133,710.00 64 102-0100 MAINTENANCE OF TRAFFIC 1.00 LS 100,000.00 $100,000.00 $105,860.00 1 102-1099 SIGN, VARIABLE MESSAGE (3 Lines) (Temporary)540.00 DAY 20.00 $10,800.00 $16.00 105 102-1250 COMMERCIAL MATERIALS FOR DRIVEWAY MAINTENANCE 200.00 CY 57.00 $11,400.00 $110.00 107 102-1310 BARRIER WALL, CONCRETE, LOW PROFILE, (Temporary), Per PC Std. Tech. Spec. 102-1000 300.00 LF 45.00 $13,500.00 $38.00 106 102-1311 BARRIER WALL, CONCRETE, LOW PROFILE, Relocate (Temporary), Per PC Std. Tech. Spec. 102-1000 1,000.00 LF 10.00 $10,000.00 $7.40 108 102-5000 WATER, for Dust Control 30.00 THG 185.00 $5,550.00 $84.00 109 104-1 PREVENTION, CONTROL AND ABATEMENT OF EROSION & WATER POLLUTION 1.00 LS 5,000.00 $5,000.00 $12,930.00 110 104-14 SYNTHETIC BALES 500.00 LF 9.25 $4,625.00 $13.00 10 104-17 TURBIDITY BARRIER, Staked 50.00 LF 4.00 $200.00 $10.00 111 104-18 FENCE, STAKED SILT, FDOT Type III (Non-Embedded)2,000.00 LF 2.00 $4,000.00 $3.50 62 104-7 INLET PROTECTION SYSTEMS 17.00 EA 137.00 $2,329.00 $250.00 50 110-0100 CLEARING & GRUBBING 1.00 LS 75,000.00 $75,000.00 $137,000.00 13 110-2001 ROOT CONTROL BARRIER, 12" Minimum Depth 235.00 LF 10.00 $2,350.00 $34.00 49 120-1100 GRADING 1.00 LS 70,000.00 $70,000.00 $6,480.00 28 121-1000 FLOWABLE CONCRETE FILL 100.00 CY 237.00 $23,700.00 $260.00 112 125-3004 BEDDING MATERIAL, Crushed Stone Size #4 1,200.00 TN 50.00 $60,000.00 $74.00 113 204-1096 ROADWAY BASE, Crushed Concrete/Graded Aggregate, Min. LBR 100, 16" Min. Thickness 1,682.00 SY 42.00 $70,644.00 $73.00 114 334-3125-000 SUPERPAVE ASPHALT CONCRETE, Type SP 12.5, Fine, Traffic Level C, Variable Thickness 870.00 TN 215.00 $187,050.00 $120.00 31 350-0206 PAVEMENT, Cement Concrete, 6" Min Thickness (Driveways)1,115.00 SY 66.00 $73,590.00 $82.00 94 380-1150 MILLING EXISTING ASPHALT PAVEMENT, 1-1/2" Average Depth 8,500.00 SY 5.00 $42,500.00 $4.10 115 425-126-4001 INLET, Curb, FDOT Type P-3, 4'-0" ID, < 10'1.00 EA 4,800.00 $4,800.00 $3,600.00 120 425-181-1060 INLET, Curb, FDOT Type J-3, Modified,10'-8" x 6'-0", < 10'2.00 EA 10,000.00 $20,000.00 $21,270.00 140 425-181-4040 INLET, Curb, FDOT Type J-3, 4'-0" x 4'-0", < 10'3.00 EA 7,000.00 $21,000.00 $4,630.00 ROADWAY / DRAINAGE Engineer's Estimate Dallas 1 Corporation DBA Dallas 1 Construction & Development HIGHLAND AVENUE DRAINAGE IMPROVEMENTS - JEFFORDS STREET TO PINE STREET PID NO. 002308A BID NO. 178-0327-CP (LN) Line No.Pay Item No.Description Quantity Unit UnitPrice Amount UnitPrice Engineer's Estimate Dallas 1 Corporation DBA Dallas 1 Construction & Development HIGHLAND AVENUE DRAINAGE IMPROVEMENTS - JEFFORDS STREET TO PINE STREET PID NO. 002308A BID NO. 178-0327-CP (LN) 117 425-181-5040 INLET, Curb, FDOT Type J-3, 5'-0" x 4'-0", < 10'2.00 EA 5,500.00 $11,000.00 $5,370.00 118 425-181-6040 INLET, Curb, FDOT Type J-3, 6'-0" x 4'-0", < 10'2.00 EA 6,200.00 $12,400.00 $6,110.00 119 425-181-6050 INLET, Curb, FDOT Type J-3, 6'-0" x 5'-0", < 10'1.00 EA 6,500.00 $6,500.00 $6,210.00 116 425-186-5040 INLET, Curb, FDOT Type J-3, Modified (Conflict) 5'-0" x 4'-0", < 10'1.00 EA 6,000.00 $6,000.00 $5,930.00 121 425-601-4001 MANHOLE, FDOT Type P-7, 4' Diameter < 10'1.00 EA 4,796.00 $4,796.00 $3,580.00 122 425-608-4001 MANHOLE, FDOT Type P-7, 4' Diameter > 10'2.00 EA 6,000.00 $12,000.00 $4,510.00 123 425-621-6045 MANHOLE, FDOT Type J-7, 6-0" x 4'-6",< 10'7.00 EA 6,100.00 $42,700.00 $6,250.00 23 430-121-0018 PIPE CULVERT, CONCRETE, Round, 18" ID 433.00 LF 90.00 $38,970.00 $99.00 24 430-121-0024 PIPE CULVERT, CONCRETE, Round, 24" ID 145.00 LF 110.00 $15,950.00 $130.00 25 430-121-0030 PIPE CULVERT, CONCRETE, Round, 30" ID 1,191.00 LF 130.00 $154,830.00 $140.00 144 430-121-0042 PIPE CULVERT, CONCRETE, Round, 42" ID 35.00 LF 150.00 $5,250.00 $240.00 26 430-121-1042 PIPE CULVERT, CONCRETE, Round, 42" ID perforated (EXFILTRATION)197.00 LF 180.00 $35,460.00 $280.00 27 430-201-0600 PIPE CULVERT, POLYVINYL CHLORIDE (PVC), Round, 6" ID 14.00 LF 30.00 $420.00 $56.00 35 440-1006 UNDERDRAIN, Polyvinyl-Chloride (PVC), 6" ID, Perforated 306.00 LF 80.00 $24,480.00 $140.00 36 520-1000-1000 CURB & GUTTER, Concrete, FDOT Type F 1,780.00 LF 46.00 $81,880.00 $41.00 126 522-1006 SIDEWALK, CONCRETE, 6" Min. Thickness, Remove and Replace 835.00 SY 60.00 $50,100.00 $87.00 127 522-8000 RAMP, ADA, 6" Min. Thickness 60.00 SY 196.00 $11,760.00 $110.00 40 575-0103 SODDING, Bahia 2,450.00 SY 4.00 $9,800.00 $3.30 41 575-0112 SODDING, St. Augustine 380.00 SY 6.50 $2,470.00 $6.10 136 800-1602 MAILBOXES, RELOCATION 20.00 EA 150.00 $3,000.00 $270.00 $1,477,804.00 141 620-2-11A ADJUST PULL BOX - VERTICAL & HORIZONTAL 5.00 EA 600.00 $3,000.00 $530.00 139 635-2-11S PULL AND SPLICE BOX, F & I, SIGNAL 2.00 EA 900.00 $1,800.00 $1,010.00 138 660-2-101 LOOP ASSEMBLY, Type A, 6' x 20', plus Lead-in Cable, F & I 12.00 AS 1,800.00 $21,600.00 $790.00 ROADWAY / DRAINAGE Subtotal SIGNALIZATION, SIGNING & PAVEMENT MARKINGS Line No.Pay Item No.Description Quantity Unit UnitPrice Amount UnitPrice Engineer's Estimate Dallas 1 Corporation DBA Dallas 1 Construction & Development HIGHLAND AVENUE DRAINAGE IMPROVEMENTS - JEFFORDS STREET TO PINE STREET PID NO. 002308A BID NO. 178-0327-CP (LN) 130 665-14A RELOCATION OF EXISTING PEDESTRIAN POLE ASSEMBLY, COMPLETE 2.00 AS 1,500.00 $3,000.00 $1,140.00 145 700-20-11 SIGN, SINGLE POST- LESS THAN 12 SF 3.00 AS 204.00 $612.00 $420.00 77 700-20-40 SIGN, SINGLE POST, RELOCATE 11.00 AS 116.00 $1,276.00 $140.00 146 700-20-60 SIGN, SINGLE POST, REMOVE 3.00 AS 75.00 $225.00 $31.00 132 706-3 PAVEMENT MARKERS, RETRO-REFLECTIVE 320.00 EA 6.00 $1,920.00 $4.90 53 710-11-121 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 6"3,546.00 LF 1.50 $5,319.00 $0.30 58 710-11-123 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 12"430.00 LF 2.00 $860.00 $1.00 56 710-11-125 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 24"350.00 LF 18.00 $6,300.00 $1.70 57 710-11-131 PAINTED PAVEMENT MARKING, STD, WHITE, 10'-30', SKIP, 6"0.20 GM 11,880.00 $2,376.00 $490.00 54 710-11-221 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 6"4,500.00 LF 2.50 $11,250.00 $0.30 55 710-11-224 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 18"360.00 LF 4.00 $1,440.00 $1.50 143 710-11-241 PAINTED PAVEMENT MARKING, STD, YELLOW, SKIP, 6"65.00 LF 5.00 $325.00 $0.50 133 710-6 DIRECTIONAL ARROWS, PAINTED 12.00 EA 70.00 $840.00 $31.00 134 710-7 PAVEMENT MESSAGE, PAINTED 2.00 EA 75.00 $150.00 $49.00 $62,293.00 Base Bid $1,540,097.00 48 999-0000 UNSPECIFIED WORK (Allowance)140,000.00 EA 1.00 $140,000.00 $1.00 *Add base bid + Unspecified Work for Total Bid*TOTAL BID $1,680,097.00 82 CLW-1 Furnish & Install 6" PVC Pipe by open cut including fittings 400.00 LF 65.00 $26,000.00 $38.00 100 CLW-10 Furnish & Install 8" Temporary Line Stop Assembly 1.00 EA 12,000.00 $12,000.00 $6,870.00 78 CLW-101-0100 MOBILIZATION (For Clearwater Utility)1.00 LS 3,000.00 $3,000.00 $17,740.00 79 CLW-102-0100 MAINTENANCE OF TRAFFIC (For Clearwater Utility)1.00 LS 5,000.00 $5,000.00 $2,330.00 101 CLW-11 Furnish & Install 8" PVC Gravity Sewer by Open Cut 50.00 LF 600.00 $30,000.00 $120.00 104 CLW-110 Clearing & Grubbing (removal of abandoned watermain)1.00 LS 2,000.00 $2,000.00 $7,760.00 JPA with CITY OF CLEARWATER (OPTION) SIGNALIZATION, SIGNING & PAVEMENT MARKINGS Subtotal Line No.Pay Item No.Description Quantity Unit UnitPrice Amount UnitPrice Engineer's Estimate Dallas 1 Corporation DBA Dallas 1 Construction & Development HIGHLAND AVENUE DRAINAGE IMPROVEMENTS - JEFFORDS STREET TO PINE STREET PID NO. 002308A BID NO. 178-0327-CP (LN) 102 CLW-12 Furnish & Install 16" DIP Casing Including Appurtenances, Spacers & End Seals 20.00 LF 300.00 $6,000.00 $120.00 103 CLW-13 Owner's Contingency (UNSPECIFIED WORK)12,370.00 EA 1.00 $12,370.00 $1.00 99 CLW-2 Furnish & Install 8" PVC Pipe by Open Cut including fittings 280.00 LF 75.00 $21,000.00 $52.00 84 CLW-3 Furnish & Install 6" Tapping Sleeve, Valve & Valve Box Assembly 2.00 EA 3,500.00 $7,000.00 $5,120.00 85 CLW-4 Furnish & Install 8" Tapping Sleeve, Valve & Valve Box Assembly 1.00 EA 5,000.00 $5,000.00 $5,890.00 86 CLW-5 Furnish & Install 6" Restrained Joints for PVC 40.00 LF 70.00 $2,800.00 $30.00 87 CLW-6 Furnish & Install 8" Restrain Joints for PVC 60.00 LF 80.00 $4,800.00 $32.00 88 CLW-7 Furnish & Install 1" Short Side Service Assembly 8.00 EA 1,125.00 $9,000.00 $510.00 92 CLW-8 Furnish & Install 1" Long Side Service Assembly 1.00 EA 2,500.00 $2,500.00 $1,240.00 93 CLW-9 Furnish & Install 6" Temporary Line Stop Assembly 2.00 EA 6,000.00 $12,000.00 $6,420.00 $160,470.00 $1,840,567.00TOTAL BID + JPA OPTION JPA with CITY OF CLEARWATER (OPTION) Total % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate Amount UnitPrice Amount UnitPrice Amount UnitPrice Amount $133,710.00 2.85%$170,000.00 $170,000.00 30.77%$175,000.00 $175,000.00 34.62%$320,000.00 $320,000.00 146.15% $105,860.00 5.86%$40,000.00 $40,000.00 -60.00%$45,000.00 $45,000.00 -55.00%$78,000.00 $78,000.00 -22.00% $8,640.00 -20.00%$12.60 $6,804.00 -37.00%$15.00 $8,100.00 -25.00%$12.95 $6,993.00 -35.25% $22,000.00 92.98%$85.00 $17,000.00 49.12%$65.00 $13,000.00 14.04%$23.00 $4,600.00 -59.65% $11,400.00 -15.56%$31.00 $9,300.00 -31.11%$37.00 $11,100.00 -17.78%$58.70 $17,610.00 30.44% $7,400.00 -26.00%$6.00 $6,000.00 -40.00%$10.00 $10,000.00 0.00%$13.60 $13,600.00 36.00% $2,520.00 -54.59%$110.00 $3,300.00 -40.54%$50.00 $1,500.00 -72.97%$30.00 $900.00 -83.78% $12,930.00 158.60%$14,500.00 $14,500.00 190.00%$25,000.00 $25,000.00 400.00%$24,000.00 $24,000.00 380.00% $6,500.00 40.54%$10.00 $5,000.00 8.11%$10.00 $5,000.00 8.11%$5.90 $2,950.00 -36.22% $500.00 150.00%$5.35 $267.50 33.75%$15.00 $750.00 275.00%$16.60 $830.00 315.00% $7,000.00 75.00%$2.90 $5,800.00 45.00%$2.00 $4,000.00 0.00%$1.55 $3,100.00 -22.50% $4,250.00 82.48%$142.00 $2,414.00 3.65%$150.00 $2,550.00 9.49%$155.00 $2,635.00 13.14% $137,000.00 82.67%$119,000.00 $119,000.00 58.67%$75,000.00 $75,000.00 0.00%$93,100.00 $93,100.00 24.13% $7,990.00 240.00%$7.00 $1,645.00 -30.00%$55.00 $12,925.00 450.00%$9.75 $2,291.25 -2.50% $6,480.00 -90.74%$75,000.00 $75,000.00 7.14%$35,000.00 $35,000.00 -50.00%$11,000.00 $11,000.00 -84.29% $26,000.00 9.70%$266.00 $26,600.00 12.24%$325.00 $32,500.00 37.13%$210.00 $21,000.00 -11.39% $88,800.00 48.00%$80.00 $96,000.00 60.00%$75.00 $90,000.00 50.00%$44.00 $52,800.00 -12.00% $122,786.00 73.81%$52.00 $87,464.00 23.81%$45.00 $75,690.00 7.14%$40.00 $67,280.00 -4.76% $104,400.00 -44.19%$109.00 $94,830.00 -49.30%$125.00 $108,750.00 -41.86%$112.00 $97,440.00 -47.91% $91,430.00 24.24%$50.00 $55,750.00 -24.24%$55.00 $61,325.00 -16.67%$65.60 $73,144.00 -0.61% $34,850.00 -18.00%$3.20 $27,200.00 -36.00%$5.00 $42,500.00 0.00%$2.45 $20,825.00 -51.00% $3,600.00 -25.00%$4,900.00 $4,900.00 2.08%$5,322.00 $5,322.00 10.88%$5,050.00 $5,050.00 5.21% $42,540.00 112.70%$14,000.00 $28,000.00 40.00%$15,775.00 $31,550.00 57.75%$12,400.00 $24,800.00 24.00% $13,890.00 -33.86%$5,400.00 $16,200.00 -22.86%$6,750.00 $20,250.00 -3.57%$5,656.00 $16,968.00 -19.20% Dallas 1 Corporation DBA Dallas 1 Construction & Development Kamminga & Roodvoets, Inc. MTM Contractors, Inc. Westra Construction Corp. % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate Amount UnitPrice Amount UnitPrice Amount UnitPrice Amount Dallas 1 Corporation DBA Dallas 1 Construction & Development Kamminga & Roodvoets, Inc. MTM Contractors, Inc. Westra Construction Corp. $10,740.00 -2.36%$6,600.00 $13,200.00 20.00%$7,556.00 $15,112.00 37.38%$6,320.00 $12,640.00 14.91% $12,220.00 -1.45%$6,300.00 $12,600.00 1.61%$7,910.00 $15,820.00 27.58%$6,610.00 $13,220.00 6.61% $6,210.00 -4.46%$6,400.00 $6,400.00 -1.54%$8,288.00 $8,288.00 27.51%$6,700.00 $6,700.00 3.08% $5,930.00 -1.17%$6,800.00 $6,800.00 13.33%$8,995.00 $8,995.00 49.92%$8,290.00 $8,290.00 38.17% $3,580.00 -25.35%$3,400.00 $3,400.00 -29.11%$4,635.00 $4,635.00 -3.36%$3,382.00 $3,382.00 -29.48% $9,020.00 -24.83%$3,800.00 $7,600.00 -36.67%$6,995.00 $13,990.00 16.58%$3,850.00 $7,700.00 -35.83% $43,750.00 2.46%$4,900.00 $34,300.00 -19.67%$7,423.00 $51,961.00 21.69%$4,820.00 $33,740.00 -20.98% $42,867.00 10.00%$120.00 $51,960.00 33.33%$85.00 $36,805.00 -5.56%$60.25 $26,088.25 -33.06% $18,850.00 18.18%$137.00 $19,865.00 24.55%$95.00 $13,775.00 -13.64%$78.50 $11,382.50 -28.64% $166,740.00 7.69%$140.00 $166,740.00 7.69%$115.00 $136,965.00 -11.54%$112.35 $133,808.85 -13.58% $8,400.00 60.00%$186.00 $6,510.00 24.00%$165.00 $5,775.00 10.00%$185.25 $6,483.75 23.50% $55,160.00 55.56%$272.00 $53,584.00 51.11%$795.00 $156,615.00 341.67%$221.00 $43,537.00 22.78% $784.00 86.67%$50.00 $700.00 66.67%$35.00 $490.00 16.67%$17.80 $249.20 -40.67% $42,840.00 75.00%$112.00 $34,272.00 40.00%$95.00 $29,070.00 18.75%$48.60 $14,871.60 -39.25% $72,980.00 -10.87%$21.00 $37,380.00 -54.35%$28.00 $49,840.00 -39.13%$39.00 $69,420.00 -15.22% $72,645.00 45.00%$50.00 $41,750.00 -16.67%$58.00 $48,430.00 -3.33%$65.60 $54,776.00 9.33% $6,600.00 -43.88%$120.00 $7,200.00 -38.78%$195.00 $11,700.00 -0.51%$479.00 $28,740.00 144.39% $8,085.00 -17.50%$6.00 $14,700.00 50.00%$5.00 $12,250.00 25.00%$3.15 $7,717.50 -21.25% $2,318.00 -6.15%$9.00 $3,420.00 38.46%$6.00 $2,280.00 -7.69%$4.65 $1,767.00 -28.46% $5,400.00 80.00%$170.00 $3,400.00 13.33%$225.00 $4,500.00 50.00%$155.00 $3,100.00 3.33% $1,597,595.00 8.11%$1,438,755.50 -2.64%$1,519,108.00 2.79%$1,448,529.90 -1.98% $2,650.00 -11.67%$250.00 $1,250.00 -58.33%$525.00 $2,625.00 -12.50%$170.00 $850.00 -71.67% $2,020.00 12.22%$650.00 $1,300.00 -27.78%$995.00 $1,990.00 10.56%$716.00 $1,432.00 -20.44% $9,480.00 -56.11%$700.00 $8,400.00 -61.11%$895.00 $10,740.00 -50.28%$772.00 $9,264.00 -57.11% % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate Amount UnitPrice Amount UnitPrice Amount UnitPrice Amount Dallas 1 Corporation DBA Dallas 1 Construction & Development Kamminga & Roodvoets, Inc. MTM Contractors, Inc. Westra Construction Corp. $2,280.00 -24.00%$650.00 $1,300.00 -56.67%$1,200.00 $2,400.00 -20.00%$720.00 $1,440.00 -52.00% $1,260.00 105.88%$300.00 $900.00 47.06%$425.00 $1,275.00 108.33%$330.00 $990.00 61.76% $1,540.00 20.69%$100.00 $1,100.00 -13.79%$225.00 $2,475.00 93.97%$110.00 $1,210.00 -5.17% $93.00 -58.67%$30.00 $90.00 -60.00%$125.00 $375.00 66.67%$55.00 $165.00 -26.67% $1,568.00 -18.33%$5.00 $1,600.00 -16.67%$6.00 $1,920.00 0.00%$5.50 $1,760.00 -8.33% $1,063.80 -80.00%$0.30 $1,063.80 -80.00%$0.75 $2,659.50 -50.00%$0.35 $1,241.10 -76.67% $430.00 -50.00%$1.00 $430.00 -50.00%$2.50 $1,075.00 25.00%$1.10 $473.00 -45.00% $595.00 -90.56%$1.50 $525.00 -91.67%$6.50 $2,275.00 -63.89%$1.65 $577.50 -90.83% $98.00 -95.88%$1,000.00 $200.00 -91.58%$1,200.00 $240.00 -89.90%$1,102.00 $220.40 -90.72% $1,350.00 -88.00%$0.30 $1,350.00 -88.00%$0.75 $3,375.00 -70.00%$0.35 $1,575.00 -86.00% $540.00 -62.50%$1.25 $450.00 -68.75%$4.00 $1,440.00 0.00%$1.35 $486.00 -66.25% $32.50 -90.00%$0.50 $32.50 -90.00%$1.00 $65.00 -80.00%$0.55 $35.75 -89.00% $372.00 -55.71%$30.00 $360.00 -57.14%$125.00 $1,500.00 78.57%$33.00 $396.00 -52.86% $98.00 -34.67%$60.00 $120.00 -20.00%$175.00 $350.00 133.33%$66.00 $132.00 -12.00% $25,470.30 -59.11%$20,471.30 -67.14%$36,779.50 -40.96%$22,247.75 -64.29% $1,623,065.30 5.39%$1,459,226.80 -5.25%$1,555,887.50 1.03%$1,470,777.65 -4.50% $140,000.00 0.00%$1.00 $140,000.00 0.00%$1.00 $140,000.00 0.00%$1.00 $140,000.00 0.00% $1,763,065.30 4.94%$1,599,226.80 -4.81%$1,695,887.50 0.94%$1,610,777.65 -4.13% $15,200.00 -41.54%$41.00 $16,400.00 -36.92%$45.00 $18,000.00 -30.77%$81.75 $32,700.00 25.77% $6,870.00 -42.75%$5,400.00 $5,400.00 -55.00%$5,500.00 $5,500.00 -54.17%$9,780.00 $9,780.00 -18.50% $17,740.00 491.33%$30,000.00 $30,000.00 900.00%$12,000.00 $12,000.00 300.00%$40,000.00 $40,000.00 1233.33% $2,330.00 -53.40%$5,400.00 $5,400.00 8.00%$7,500.00 $7,500.00 50.00%$6,600.00 $6,600.00 32.00% $6,000.00 -80.00%$142.00 $7,100.00 -76.33%$200.00 $10,000.00 -66.67%$254.00 $12,700.00 -57.67% $7,760.00 288.00%$5,800.00 $5,800.00 190.00%$7,500.00 $7,500.00 275.00%$2,800.00 $2,800.00 40.00% % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate % Difference from Engineer's Estimate Amount UnitPrice Amount UnitPrice Amount UnitPrice Amount Dallas 1 Corporation DBA Dallas 1 Construction & Development Kamminga & Roodvoets, Inc. MTM Contractors, Inc. Westra Construction Corp. $2,400.00 -60.00%$147.00 $2,940.00 -51.00%$350.00 $7,000.00 16.67%$541.00 $10,820.00 80.33% $12,370.00 0.00%$1.00 $12,370.00 0.00%$1.00 $12,370.00 0.00%$1.00 $12,370.00 0.00% $14,560.00 -30.67%$54.00 $15,120.00 -28.00%$95.00 $26,600.00 26.67%$90.20 $25,256.00 20.27% $10,240.00 46.29%$2,700.00 $5,400.00 -22.86%$4,500.00 $9,000.00 28.57%$5,927.00 $11,854.00 69.34% $5,890.00 17.80%$3,350.00 $3,350.00 -33.00%$5,000.00 $5,000.00 0.00%$6,660.00 $6,660.00 33.20% $1,200.00 -57.14%$5.90 $236.00 -91.57%$55.00 $2,200.00 -21.43%$11.40 $456.00 -83.71% $1,920.00 -60.00%$8.10 $486.00 -89.88%$65.00 $3,900.00 -18.75%$11.85 $711.00 -85.19% $4,080.00 -54.67%$910.00 $7,280.00 -19.11%$895.00 $7,160.00 -20.44%$932.00 $7,456.00 -17.16% $1,240.00 -50.40%$5,000.00 $5,000.00 100.00%$1,195.00 $1,195.00 -52.20%$1,315.00 $1,315.00 -47.40% $12,840.00 7.00%$3,500.00 $7,000.00 -41.67%$4,500.00 $9,000.00 -25.00%$5,827.00 $11,654.00 -2.88% $122,640.00 -23.57%$129,282.00 -19.44%$143,925.00 -10.31%$193,132.00 20.35% $1,885,705.30 2.45%$1,728,508.80 -6.09%$1,839,812.50 -0.04%$1,803,909.65 -1.99% DRUID RD TURNER ST S DUNCAN AVE S LAKE DR LAKEVIEW RD S HIGHLAND AVE PINE ST GULF-TO-BAY BLVD BARRY ST COURT ST BARRY RD S KEYSTONE AVE S GLENWOOD AVE S CREST AVESPENCER AVE S LAKE AVE YELVINGTON AVE ROGERS ST BROWNING ST DE LEON ST RAINBOW DR OTTAWA RD SKYVIEW AVE NORWOOD AVE ILLINOIS RD JASMINE WAY TUSCOLA RD DARTMOUTH ST CHESTER DR OAKVIEW AVE SAN JUAN CT FRANKLIN ST S HILLCREST AVE S SAN REMO AVE FORREST HILL DR MILTON ST JEFFORDS ST PINEVIEW AVE BUDLEIGH ST LOTUS PATH TUSCOLA ST E LOTUS PATH MAGNOLIA DR E MAGNOLIA ST LIVE OAK CT JACOB CT RACHEL CT FLAGSTONE CT FRANKLIN ST S SAN REMO AVE S HILLCREST AVE TURNER ST S HILLCREST AVE OAKVIEW AVE JEFFORDS ST S SAN REMO AVE JEFFORDS ST Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM LN N.T.S.297A 14-29-1506/07/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: S HIGHLAND AVEFROM JEFFORDS ST TO PINE STUTILITIES RELOCATIONS JPA PROJECT #(16-0048-UT) Document Path: V:\GIS\Engineering\Location Maps\Utilis Reloc JPA 16-0048-UT.mxd PROJECTLOCATIONCRESTLAKEPARK Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4698 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $121,801.00 to Altec Industries Inc. of Birmingham, AL for the purchase of one (1) 2017 Ford F550 with a single two-man aluminum articulating and telescoping platform for Traffic Engineering /Operations, in accordance with the National Joint Powers Alliance Contract No. 031014-ALT, Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City ’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Ford F550/ ALTEC AT41M will be purchased through the National Joint Powers Alliance Contract No. 031014-ALT quote dated March 7, 2018 and will replace the following, which is assigned to Engineering/Traffic Operations: G2289 2001 FORD F450/ ALTEC AT35GITY BODY TRUCK This vehicle has been deemed unsafe to operate because of damage to the structure of the boom apparatus. Fleet indicated replacement is more cost effective due to cost and down time associated with the repair APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 94241, Motorized Equipment Replacement (L/P), to fund this contract. Page 1 City of Clearwater Printed on 6/19/2018 Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 1 of 8 March 7, 2018 Our 89th Year Ship To:Bill To: CITY OF CLEARWATER (FL) C/O TREE LINE SALES & SERVICE INC 4808 N RENELLIE DR TAMPA, FL 33614 US Attn: Phone: Email: CITY OF CLEARWATER (FL) PO BOX 4748 CLEARWATER, FL 33765 United States Altec Quotation Number:425118 - 2 Account Manager:Bud Welch Technical Sales Rep:Joey Moore Item Description Qty Price Unit 1.Altec Model AT41S Articulating Telescopic Aerial Device, non-insulating with proportional joystick upper controls. Built in accordance to ALTEC's standard specifications and to include the following features: 1 A.Ground to Bottom of Platform Height: 40.5 feet at 8.3 feet from centerline of rotation (12.33 m at 2.54 m) B.Working Height: 45.5 feet (13.85 m) C.Maximum reach to edge of platform with Upper Boom Non- overcenter: 30.5 feet (at 17.0 feet platform height) D.Upper boom extension: 110 inches E.Continuous rotation F.Articulating Arm: Articulation is from -3 to 82 degrees. Insulator provides 19 inches of isolation. G.Compensation System: By raising the articulating arm only, the telescopic boom maintains its relative angle in relation to the ground. The work position is achieved through a single function operation. H.Upper Boom: Articulation is from -25 to 85 degrees. The fiberglass section provides a minimum of 10.9 inches of isolation in the upper boom (when retracted and 42.3 inches when extended). I.Platform leveling is achieved by a hydraulic master-slave leveling system. This lifetime system is very low maintenance. J.Control System: 1) Control Handle: A single handle controller. The control handle is black in color. The handle also includes an interlock guard that reduces the potential for inadvertent boom operation. 2) Auxiliary Control Covers: Non-tested blue silicon covers for auxiliary controls. 3) Control Console: Non-tested non-metallic control console plate. 4) Boom Tip Covers: Non-tested non-metallic boom tip covers. The covers are not dielectrically tested, but they may provide some protection against electrical hazards. K.Hydraulic system: Open center (full pressure), maximum flow 6 GPM, maximum operating pressure 3,000. Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 2 of 8 Item Description Qty Price L.Dielectric rating: Category C, 46 kV and below M.Unit is painted with a powder coat paint process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electrostatically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. N.Manuals: Two (2) Operator's and two (2) Maintenance/ Parts manuals containing instructional markings indicating hazards inherent in the operation of an aerial device. O.Unit meets or exceeds ANSI 92.2 standards. 2.Pedestal 1 3.Single 2-Man Platform, Aluminum (Non-Insulated), 60" x 36" x 45", End Mount, 180 Degree Rotation. 1 4.Platform Mounted Single Handle Controls 1 5.Material Handling Jib/Winch, Hydraulically Articulating, Top Mounted, Round (ARM Jib) 1 6.Rubber Floor Liner With Drainage For 60 x 36 x 45 inch (1524 x 914 x 1143 mm) aluminum platform 1 7.Hydraulic Tool Circuit at Platform: Control easily accessible to the operator activates the tool circuit. One set of hydraulic tool outlets at the boom tip; they consist of one set of quick disconnect couplings at the platform, a valve assembly inside the control cover, and detented control handle. Operates open center tools 1 8.Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. This feature allows the operator to completely stow the booms, platform, and outriggers. Secondary Stowage & Start/Stop is activated with an air plunger at the platform or momentary switch at the lower control station and outriggers. 1 9.120 Volt Receptacle Installed At Platform 1 10.Jib Stick, 52" L, Extension Dependent, Non-Certified, grey in color 1 11.Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control options 1 12.Outriggers, Primary, Modified A-Frame With Integrated Subbase, 30"-34" Chassis Height, Electric Interlock, No Valves On Legs, 114" Spread, Fixed Shoe (AT37/41 M/ME/P/PE/S/SE) 1 13.Winch load line swivel hook 1 14.Altec Aerial Device Powder Painted White 1 Unit & Hydraulic Acc. 15.Electric Outrigger Controls for one (1) set of outriggers, drive hydraulic outrigger control valves. Durable weather proof sealed electronic switches mounted in aluminum boxes located at the rear of the unit unless otherwise specified. 1 Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 3 of 8 Item Description Qty Price 16.Steel Reservoir, 15 gallon capacity, triangular, 17" L x 17" W x 24" H, and includes breather caps and dipsticks 1 17.HVI-22 Hydraulic Oil (Standard). 25 18.Standard Pump For PTO 1 19.Electric Shifted PTO 1 20.Standard PTO/Transmission Functionality for Small Ford and Dodge Chassis 1 21.Additional Unit/Hydraulic Accessory - Install Material handling extensions to platform. Reference drawing 970547914 COR 970547916 1 Body 22.132 inch Universal Aerial Body with outrigger housings, suitable for installing on any chassis with an approximate CA dimension of 84 inches, built in accordance with the following specifications: 1 A.Basic body fabricated from A40 grade 100% zinc alloy coated steel. B.All doors are full, double paneled, self-sealed with built-in drainage. C.Stainless steel hinge rods extend full length of door. D.Door hinges are zinc alloy material attached with rivets. E.All doors contain stainless steel, flush mounted, paddle activated rotary style latches with two-stage locking, including keyed locks and adjustable strikers. F.Heavy-gauge welded steel frame construction with structural channel crossmembers and treadplate floor. G.All edges are either rolled or folded for strength and safety. H.Door header drip rail at top for maximum weather protection. I.Neoprene or rolled fenders on wheel fender panels. J.Steel treated for improved primer bond and rust resistance. K.Automotive underseal applied to body. L.Automotive type non-porous door seals mechanically fastened to the door facing. M.132 Inch Body Length N.40 Inch Body Height (Standard) O.94 Inch Body Width (Standard) P.20 Inch Body Compartment Depth (Standard) Q.Body Color - White (Standard) R.Finish Paint Body At Body Manufacturer (Standard) S.6 Inch Tall Wooden Tailboard Installed At The Rear of Body Cargo Area T.Stainless Steel Rotary Paddle Latch With Lock (Standard) U.Master Body Locking System (Standard) V.One Chock Holder On Each Side of Body With Retaining Lip In Fender Panel (Standard) W.Gas Shock Type Rigid Door Holders For Vertical Doors (Standard) X.Chains On Horizontal Doors Y.Hotstick Shelf Extending From Rear Of First Vertical To Rear Of Body On Curbside, With Standard Sized Drop-Down Door Z.Hotstick Shelf Extending Full Length Of Body On Streetside, With Standard Sized Drop-Down Door AA.1st Vertical Street Side (LH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 4 of 8 Item Description Qty Price AB.1st Vertical Street Side (LH) - Outrigger Housing, With Outrigger Pin Access As Needed AC.2nd Vertical Street Side (LH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers AD.1st Horizontal Street Side (LH) - Vacant AE.Rear Vertical Street Side (LH) - One (1) Adjustable Shelf With Removable Dividers On 4 Inch Centers AF.1st Vertical Curb Side (RH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers AG.1st Vertical Curb Side (RH) - Inverter Shelf Installed In Top Of Compartment, With Louvered Panel On Rear Wall For Ventilation AH.1st Vertical Curb Side (RH) - Outrigger Housing, With Outrigger Pin Access As Needed AI.2nd Vertical Curb Side (RH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers AJ.1st Horizontal Curb Side (RH) - Vacant AK.Rear Vertical Curb Side (RH) - One (1) Adjustable Shelf With Removable Dividers On 4 Inch Centers AL.48 Tailshelf with Integrated Side Access Steps And One (1) Post-Style Grab Handle Installed To The Rear Of Access Steps AM.One (1) Grab Handle Installed On Rear Of Curbside Sidepack Body and Chassis Accessories 23.ICC (Underride Protection) Bumper Installed At Rear 1 24.Receiver Hitch, 2'', Class 3 1 25.Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device mount. 1 26.Install Counterweight As Needed 1 27.Rigid Step Mounted Beneath Side Access Steps (Installed To Extend Approx. 2'' Outward) 1 28.Platform Rest, Rigid with Rubber Tube 1 29.Boom Rest for a Telescopic Unit 1 30.Wood Outrigger Pad, 19'' x 19'' x 2.5'', With Rope Handle 2 31.Outrigger Pad Holder, 20" L x 20" W x 5" H, Fits 19.5" x 19.5" x 4" And Smaller Pads, Bolt-On, Bottom Washout Holes, 3/4" Lip Retainer 2 32.Pendulum Retainers For Outrigger Pad Holders 2 33.Mud Flaps With Altec Logo (Pair) 1 34.Wheel Chocks, Rubber, 9.75'' L x 7.75'' W x 5.00'' H, with 4" L Metal Hairpin Style Handle (Pair) 1 35.Slope Indicator Assembly For Machine With Outriggers 1 36.Driveaway Safety Kit 1 Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 5 of 8 Item Description Qty Price 37.Vinyl manual pouch for storage of all operator and parts manuals 1 Electrical Accessories 38.Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, including LED reverse lights) 1 39.Altec Standard Amber LED Strobe Light with Brush Guard - One (1) each side, installed on post at the front of the body 2 40.4-Corner Strobes, Amber, LED, Two (2) Surface Mounted Lights In Grille, Two (2) Round Lights At Rear 1 41.Dual Tone Back-Up With Outrigger Motion Alarm 1 42.PTO Hour Meter, Digital, with 10,000 Hour Display 1 43.7-Way Trailer Receptacle (Blade Type) Installed At Rear 1 44.Electric Trailer Brake Controller (Tekonsha Voyager #9030) 1 45.Ford Upfitter Switches (Supplied With Chassis) 1 46.Mounting bracket for inverter mounted at bottom of body compartment 1 47.Inverter, 1500 Watt, Pure Sine Wave, 120 VAC (Sensata #12/1500N) 1 48.Inverter Wired Battery Hot (No Dash Mounted Switch) 1 49.120 Volt GFCI Receptacle Includes Weather-resistant Enclosure - Installed at the curb side front of the body 1 50.Power Distribution Module Is A Compact Self-Contained Electronic System That Provides A Standardized Interface With The Chassis Electrical System. (Includes Operator's Manual) 1 51.Install secondary stowage system. 1 52.Install Remote Start/Stop system in Final Assembly. 1 53.Install Outrigger Interlock System 1 54.Standard Duty Secondary Stowage Pump 1 55.PTO Indicator Light Installed In Cab 1 Finishing Details 56.Powder Coat Unit Altec White 1 57.Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D-rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.Components mounted to under side of body shall be coated black by Altec. i.e. 1 Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 6 of 8 Item Description Qty Price Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 58.Apply Non-Skid Coating to all walking surfaces 1 59.English Safety And Instructional Decals 1 60.Vehicle Height Placard - Installed In Cab 1 61.Placard, HVI-22 Hydraulic Oil 1 62.Stability test unit according to ANSI requirements. 1 63.Focus Factory Build 1 64.Assembly at Altec in Duluth, MN. 1 65.Inbound Freight 1 66.Installation - AT41S 1 67.Stock Unit 1 Chassis 68.Chassis 1 69.Altec Supplied Chassis 1 70.Other Chassis Model Year - 2017 1 71.Ford F550 1 72.4x2 1 73.84 Clear CA (Round To Next Whole Number) 1 74.Regular Cab 1 75.Chassis Cab 1 76.Chassis Color - White 1 77.Chassis Wheelbase Length - 169 1 78.Ford 6.7L Power Stroke Diesel 1 79.Ford Torqshift 6-Speed (6R140) Automatic Transmission (w/PTO Provision) 1 80.GVWR 19,500 LBS 1 81.7,000 LBS Front GAWR 1 82.14,706 LBS Rear GAWR 1 83.225/70R19.5 Front Tire (Traction) 1 Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 7 of 8 Item Description Qty Price 84.225/70R19.5 Rear Tire (Traction) 1 85.Hydraulic Brakes 1 86.Park Brake In Rear Wheels 1 87.Ford E/F250-550 Single Horizontal Right Side Exhaust 1 88.63C - Aft Axle Frame Extension 1 89.98R - Operator Commanded Regeneration (OCR) 1 90.No Idle Engine Shut-Down Required 1 91.50-State Emissions 1 92.Clean Idle Certification 1 93.Ford 40 Gallon Fuel Tank (Rear) 1 94.Ford 7.2 Gallon DEF Tank (Mid Mount) 1 95.AM/FM Radio 1 96.Air Conditioning 1 97.Tilt Steering Wheel 1 98.Block Heater 1 99.Vinyl Split Bench Seat 1 Additional Pricing 100.Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty 1 Unit / Body / Chassis Total 121,801.00 FET Total 0.00 Total 121,801.00 Altec Industries, Inc. BY Joey Moore Notes: Quote Number:425118 - 2 Altec, Inc. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 8 of 8 Opportunity Number:889606 Quotation Number:425118 NJPA Contract #: 031014-ALT Date:3/7/2018 REFERENCE ALTEC MODEL Articulating Telescopic Aerial Device with Material Handling (Insulated)$116,990 (A.) 1 AT41S-PERSONEL Articulating Telescopic Aerial Device (Non-Insulated AT40S)-$2,646 2 3 4 5 6 (A1.) 1 RL COMPARTMENT LIGHTS in Body Compartments (Rope Style) (8 $680 2 PSWI Inverter $2,117 3 VRI 120 Volt GFCI Receptacle, Includes Weather-Resistant Enclosure $198 4 SPOT3 FOUR (4) POINT STROBE SYSTEM (Recessed, LED)$477 5 TBE ELECTRIC TRAILER BRAKE CONTROLLER. Controls Trailers with Electric Brakes, Wired to 7-Way Plug Next to Pintle Hook $224 6 CHOCKS Rubber wheel chocks and holders (Qty. two)$51 7 8 NJPA OPTIONS TOTAL:$118,091 (B.) 1 UNIT 2 UNIT & HYDRAULIC ACC 3 BODY 4 BODY & CHASSIS ACC 5 ELECTRICAL Qty. 2 Strobe Beacon Lights $442 6 FINISHING 7 CHASSIS 2017 Ford F550 4x2 $3,268 8 OTHER OPEN MARKET OPTIONS TOTAL:$3,710 SUB-TOTAL FOR UNIT/BODY/CHASSIS:$121,801 Delivery to Customer: TOTAL FOR UNIT/BODY/CHASSIS:$121,801 (C.) 1 2 3 4 **Pricing valid for 45 days** NOTES PAINT COLOR: White to match chassis, unless otherwise specified TRADE-IN: Equiptment trades must be received in operational condition (as initial inspection) and DOT compliant at the time of pick-up. Failure to comply with these requirements, may result in customer bill-back repairs. BUILD LOCATION: CHASSIS: Per Altec Commercial Standard DELIVERY: No later than 300-330 days ARO, FOB Customer Location TERMS: Net 30 days BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order. WARRANTY: Standard Altec Warranty - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges (Mobile Service) Limited Lifetime Structural Warranty. Chassis to include standard warranty, per the manufacturer. (Parts only warranty on mounted equipment for overseas customers) TO ORDER: To order, please contact the Altec Inside Sales Representative listed above. Altec Industries, Inc. NJPA OPTIONS ON CONTRACT (Unit) NJPA OPTIONS ON CONTRACT (General) OPEN MARKET ITEMS (Customer Requested) ADDITIONAL ITEMS (items are not included in total above) AT41M Quoted for: City of Clearwater Customer Contact: Phone: /Fax: /Email: Quoted by: Altec Indsutries -- Joey Moore Altec Account Manager: Bud Welch Phone: /Fax: /Email: 218.625.1686/218.722.6443/joey.moore@altec.com NJPA Quote City of Clearwater AT41S.xlsx Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-05006 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 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 3053 Merrill Avenue and pass Ordinances 9164-18, 9165-18 and 9166-18 on first reading. (ANX2018-05006) SUMMARY: This voluntary annexation petition involves 0.185 acres of property consisting of one parcel of land occupied by a single -family home. The parcel is located on the south side of Merrill Avenue approximately 340 feet west of McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer service from the City and will be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project. The property is located within an enclave and is contiguous to existing city limits to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and 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 Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City ’s sanitary sewer service when it is made available and is aware of the fee that must be paid in order to connect and of the financial incentives available. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation Page 1 City of Clearwater Printed on 6/19/2018 File Number: ANX2018-05006 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 Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the south; 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 6/19/2018 Ordinance No. 9164-18 ORDINANCE NO. 9164-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 340 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3053 MERRILL AVENUE, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 6, Block I, KAPOK TERRACE 1ST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida; (ANX2018-05006) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9164-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 60 60 6060198 200 6060606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 16 17 A B 1 12 1 34/02MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE 501 421 601 409 602 607 511 707 510 600 3064305830593065305930473064307630253071305330473071307130413065305930773035305830413041307030523024305830773040304630763052307030403064304630763053304730653070302630353100305230773040303131023034303030533023310431093046-Not to Scale--Not a Survey-Rev. 5/3/2018 PROPOSED ANNEXATION Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9165-18 ORDINANCE NO. 9165-18 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 PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 340 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3053 MERRILL AVENUE, CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), 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 category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 6, Block I, KAPOK TERRACE 1ST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2018-05006) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9164-18. Ordinance No. 9165-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 60 60 6060198 200 6060606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 16 17 A B 1 12 1 34/02MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE RL RL R/OS RL RL RL RL RU RL RU 421 601 409 607 511 707 510 600 3064305830593065305930473064307630253071305330473071307130413065305930773058304130413052302430583077304030463076307030403064304630763053304730653070303531003052307730403031310230343030501 602 305330353023307031043052310930463026-Not to Scale--Not a Survey-Rev. 5/3/2018 FUTURE LAND USE MAP Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9166-18 ORDINANCE NO. 9166-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE APPROXIMATELY 340 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3053 MERRILL AVENUE, 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 property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9164-18. Property Zoning District Lot 6, Block I, KAPOK TERRACE 1ST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-05006) Ordinance No. 9166-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 60 60 6060198 200 6060606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 16 17 A B 1 12 1 34/02MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE 501 421 601 409 602 607 511 707 510 600 3064305830593065305930473064307630253071305330473071307130413065305930773035305830413041307030523024305830773040304630763052307030403064304630763053304730653070302630353100305230773040303131023034303030533023310431093046-Not to Scale--Not a Survey-Rev. 5/3/2018 LMDR OS/R ZONING MAP Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) 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 LAKE VISTA DR GLEN OAK AVE N THOMAS RD SAN MATEO ST CALAIS LN TERRACE VIEW LN SAN BERNADINO ST SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/2/2018 LOCATION MAP Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) HOYT AVE HOYT AVE MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 5/3/2018 AERIAL PHOTOGRAPH Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 60 60 6060198 200 6060606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 16 17 A B 1 12 1 34/02MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE 501 421 601 409 602 607 511 707 510 600 3064305830593065305930473064307630253071305330473071307130413065305930773035305830413041307030523024305830773040304630763052307030403064304630763053304730653070302630353100305230773040303131023034303030533023310431093046-Not to Scale--Not a Survey-Rev. 5/3/2018 EXISTING SURROUNDING USES MAP Owner(s): Regina Stacy Case: ANX2018-05006 Site: 3053 Merrill Avenue Property Size(Acres): ROW (Acres): 0.185 Land Use Zoning PIN: 09-29-16-45144-009-0060 From : Residential Low (RL) R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 3053 Merrill Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2018-05006 Regina Stacy 3053 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-12026A Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, and pass Ordinance 9123-18 on first reading. (ANX2017-12026A) SUMMARY: This voluntary annexation petition involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line . Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The applicant is requesting annexation in order to redevelop the property with a new residential subdivision; however, no site plan has been submitted at this time. The property is contiguous to existing City boundaries along the east. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of the Clearwater Community Development Code Section 4-604.E. as follows: ·The parcel currently has a well for potable water, and Pinellas County would provide water service when the property is redeveloped. The closest sanitary sewer line is in the adjacent Lake Shore Lane right -of-way. The applicant is aware that the property owner is responsible for evaluating the proper method to connect to the City’s sewer system, as well as for the additional costs to extend and connect to the sewer system and any for upgrades to the existing system that may be necessary to receive additional wastewater flows. Collection of solid waste will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service . The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 6/19/2018 File Number: ANX2017-12026A Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The property proposed for annexation is contiguous to existing City boundaries along the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Future Land Use Map Designation and Amendment The Future Land Use Map initial designation, along with a proposed amendment are included in a separate agenda item (LUP2018-02001, proposed Ordinance 9124-18). Zoning Atlas Designation The assignment of the Zoning Atlas designation for this property is included in a separate agenda item as it cannot be concluded until the future land use designation and amendment is approved. (ANX2017-12026B, proposed Ordinance 9125-18) APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 6/19/2018 Ordinance No. 9123-18 ORDINANCE NO. 9123-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Description (ANX2017-12026) 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. 9123-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  BEARING BASIS:  REFERENCE BEARING OF N85°33'56"E, ALONG THE CENTER LINE OF SURVEY (FLORIDA DEPARTMENT OF  TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 15009‐2540), DERIVED FROM THE FLORIDA STATE  PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR, WEST ZONE, NORTH AMERICAN DATUM 1983  ADJUSTMENT OF 1990, ORIGINATING FROM VALUES PUBLISHED FOR PINELLAS COUNTY CERTIFIED  CORNER RECORD NO. 102294 AND 102294, PURSUANT TO FLORIDA STATUTE 177‐151.  DESCRIPTION: (RE‐WRITTEN TO RESOLVE AMBIGUITIES)  FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE  NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT ALSO BEING THE  POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL; THENCE S00°24'05"E FOR A DISTANCE OF 404.83  FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF TRAILS OF COUNTRYSIDE, PLAT BOOK 90,  PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S89°52'41"W, ALONG SAID  NORTHERLY BOUNDARY LINE FOR A DISTANCE OF 452.36 FEET; THENCE CONTINUE ALONG SAID  NORTHERLY BOUNDARY LINE, S84°41'31"W FOR A DISTANCE OF 941.50 FEET TO A POINT ON THE WEST  BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE WEST BOUNDARY LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE ALONG THE WEST  BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE WEST BOUNDARY LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18 FOR A DISTANCE OF 718.29 FEET TO A  POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 586 (CURLEW ROAD) PER FLORIDA  DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 15009‐2540 AND A POINT OF  CURVATURE OF A CURVE CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD  BEARING AND CHORD DISTANCE OF N71°52'05"E, 16.12 FEET; THENCE ALONG THE ARC OF THE CURVE  AND SAID SOUTHERLY RIGHT OF WAY LINE, 16.12 FEET TO A POINT OF TANGENCY; THENCE  CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S64°00'52"E, 20.10 FEET; THENCE  N72°26'33"E, 23.95 FEET; THENCE N27°53'29"E, 19.74 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N74°51'00"E, 101.75 FEET; THENCE ALONG THE ARC OF THE CURVE, 101.77 FEET TO A  POINT OF TANGENCY; THENCE N13°33'35"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1837.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N79°22'56"E, 188.65 FEET; THENCE ALONG THE ARC OF THE CURVE, 188.73 FEET TO A  POINT OF TANGENCY; THENCE S07°40'33"E, 7.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1830.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N83°56'42"E, 103.56 FEET; THENCE ALONG THE ARC OF THE CURVE, 103.57 FEET TO A  POINT OF TANGENCY; THENCE N85°33'56"E, 593.93 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1330.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N86°27'04"E, 56.63 FEET; THENCE ALONG THE ARC OF THE CURVE, 56.63 FEET TO A POINT  OF TANGENCY; THENCE N02°39'43"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO  THE SOUTHERLY HAVING A RADIUS OF 1835.86 FEET, A CHORD BEARING AND CHORD DISTANCE OF  S88°00'19"E, 298.11 FEET; THENCE ALONG THE ARC OF THE CURVE, 298.44 FEET TO A POINT OF  Exhibit A  TANGENCY AND THE EAST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID  SECTION 18; THENCE ALONG SAID EAST BOUNDARY LINE, S00°34'56"E, 360.40 FEET TO THE POINT OF  BEGINNING.    Exhibit B  PROPOSED ANNEXATION MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.46 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIME*606060 99201 1 2 3 4 76 86124(S)5 0 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S KI P P E R T RL 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL -Not to Scale--Not a Survey-Rev. 2/22/2018 3474 3490 3492 LOCATION MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) US-19 NCURLEW RD 69th ST N298th AVE N70th ST NLAKE SHORE LN NORTHRIDGE DR BRATTLE LN 297th AVE N 66th ST N69th WAY NSEACOL ST 67th ST N68th ST N301st AVE N 300 th AVE N S K I P P E R T R L 66th WAY N67th WAY NCUMBERLAND TRL E LAKE SHORE LN REDFORD CT W 297th AVE N -Not to Scale--Not a Survey-PROJECT SITE Rev. 2/15/2018 AERIAL MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) C U R L E W R D C U R L E W R D 69th ST N69th ST NLAKE SHORE LN LAKE SHORE LN 66th ST 66th ST TALLEY DR TALLEY DR S K I P P E R T R L S K I P P E R T R L ASPEN TRL ASPEN TRL DAVID CT DAVID CT BEECH TRL BEECH TRL SCOTT CT SCOTT CT RODNEY CT RODNEY CT MORGAN CT MORGAN CT LINDA CT LINDA CT FAIRFIELD TRL FAIRFIELD TRL SWEETWATER TRL SWEETWATER TRL BREWTON CT BREWTON CT WESTVIEW CT WESTVIEW CT -Not to Scale--Not a Survey-Rev. 2/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIMENSIONS*606060 99201 1 2 3 4 76 86124(S)50 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C (C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL -Not to Scale--Not a Survey-Rev. 2/22/2018 3474 3490 3492 Single Family Residential Single Family Residential ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2018-02001A Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve initial Future Land Use designations of Residential Low (RL) and Water/Drainage Feature on a 15.26-acre portion of property located at 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and a Future Land Use Map Amendment for a 9.20-acre portion of the same property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation; and pass Ordinance 9124-18 on first reading. (LUP2018-02001) SUMMARY: This application includes a future land use initial designation and a future land use amendment involving approximately 24.46 acres located at the southwest corner of Curlew Road and Lake Shore Lane subject to a petition for annexation (see ANX2017-12026A, proposed Ordinance 9123-18). As indicated in that agenda item, the applicant would like to redevelop the property with a new residential subdivision; however, no site plan has been submitted at this time. This agenda item is being handled somewhat differently than other cases involving annexations. Over half of the site is proposed to have a designation on the City’s Future Land Use Map consistent with that found on the Pinellas County Future Land Use Map. Typically, this would be included in the ordinances approved at the time of annexation. Other portions of the property are subject to a request for an amendment to the Future Land Use Map and this would typically be processed as a separate item. This agenda item and attached ordinances will provide for both. Initial Designation of Future Land Use Designations (upon Annexation) Approximately 10.46 acres of land currently designated as Residential Low (RL) is proposed to continue to be designated Residential Low (RL) on the City’s map upon annexation. The existing 4.8-acre stormwater pond, which is undesignated on Pinellas County’s Future Land Use Map, will be appropriately designated as Water/Drainage Feature, consistent with the City’s Comprehensive Plan and the Southwest Florida Water Management District’s classification of the pond as a surface water feature authorized for stormwater use. Proposed Future Land Use Map Amendment The applicant has also requested to amend the future land use designations on 9.20-acres of the subject property from Transportation/Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater). The Planning and Development Department determined that the proposed future land use initial designation and amendment are consistent with the following standards specified in the Community Development Code: ·The proposed land use plan amendment is consistent with the Comprehensive Page 1 City of Clearwater Printed on 6/19/2018 File Number: LUP2018-02001A Plan and the Countywide Rules. ·The proposed uses are compatible with the surrounding area. ·Sufficient public facilities are available to serve the property. ·The applications will not have an adverse impact on the natural environment. Please refer to the attached future land use amendment staff report (LUP2018-02001) for the complete analysis. In accordance with the Countywide Plan Rules, the future land use amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority . The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board will review the application at its June 19, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 6/19/2018 Ordinance No. 9124-18 ORDINANCE NO. 9124-18 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 PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE, AND TO CHANGE THE LAND USE FOR A 9.20-ACRE PORTION OF THE SAME REAL PROPERTY FROM TRANSPORTATION UTILITY (T/U) AND PRESERVATION (P) (IN PINELLAS COUNTY), TO RESIDENTIAL LOW (RL) AND TRANSPORTATION/UTILITY (T/U) OVERLAY (1.52 ACRES ONLY), 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 changed by designating the land use categories for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description 15.26-acres Designated Residential Low (RL) & Water/Drainage Feature upon Annexation 9.2-acre Portion Amended From: Transportation Utility (T/U) and Preservation (P) (Pinellas County) (LUP2018-02001) 9.2-acre Portion Amended To: Residential Low (RL) and Transportation/Utility (T/U) Overlay upon Annexation The map attached as Exhibit B is hereby incorporated by reference. Ordinance No. 9124-18 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 contingent upon and subject to the adoption of Ordinance No. 9123-18 (annexation ordinance), approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post- adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  BEARING BASIS:  REFERENCE BEARING OF N85°33'56"E, ALONG THE CENTER LINE OF SURVEY (FLORIDA DEPARTMENT OF  TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 15009‐2540), DERIVED FROM THE FLORIDA STATE  PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR, WEST ZONE, NORTH AMERICAN DATUM 1983  ADJUSTMENT OF 1990, ORIGINATING FROM VALUES PUBLISHED FOR PINELLAS COUNTY CERTIFIED  CORNER RECORD NO. 102294 AND 102294, PURSUANT TO FLORIDA STATUTE 177‐151.  DESCRIPTION: (RE‐WRITTEN TO RESOLVE AMBIGUITIES)  FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE  NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT ALSO BEING THE  POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL; THENCE S00°24'05"E FOR A DISTANCE OF 404.83  FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF TRAILS OF COUNTRYSIDE, PLAT BOOK 90,  PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S89°52'41"W, ALONG SAID  NORTHERLY BOUNDARY LINE FOR A DISTANCE OF 452.36 FEET; THENCE CONTINUE ALONG SAID  NORTHERLY BOUNDARY LINE, S84°41'31"W FOR A DISTANCE OF 941.50 FEET TO A POINT ON THE WEST  BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE WEST BOUNDARY LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE ALONG THE WEST  BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE WEST BOUNDARY LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18 FOR A DISTANCE OF 718.29 FEET TO A  POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 586 (CURLEW ROAD) PER FLORIDA  DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 15009‐2540 AND A POINT OF  CURVATURE OF A CURVE CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD  BEARING AND CHORD DISTANCE OF N71°52'05"E, 16.12 FEET; THENCE ALONG THE ARC OF THE CURVE  AND SAID SOUTHERLY RIGHT OF WAY LINE, 16.12 FEET TO A POINT OF TANGENCY; THENCE  CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S64°00'52"E, 20.10 FEET; THENCE  N72°26'33"E, 23.95 FEET; THENCE N27°53'29"E, 19.74 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N74°51'00"E, 101.75 FEET; THENCE ALONG THE ARC OF THE CURVE, 101.77 FEET TO A  POINT OF TANGENCY; THENCE N13°33'35"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1837.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N79°22'56"E, 188.65 FEET; THENCE ALONG THE ARC OF THE CURVE, 188.73 FEET TO A  POINT OF TANGENCY; THENCE S07°40'33"E, 7.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1830.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N83°56'42"E, 103.56 FEET; THENCE ALONG THE ARC OF THE CURVE, 103.57 FEET TO A  POINT OF TANGENCY; THENCE N85°33'56"E, 593.93 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1330.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N86°27'04"E, 56.63 FEET; THENCE ALONG THE ARC OF THE CURVE, 56.63 FEET TO A POINT  OF TANGENCY; THENCE N02°39'43"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO  THE SOUTHERLY HAVING A RADIUS OF 1835.86 FEET, A CHORD BEARING AND CHORD DISTANCE OF  S88°00'19"E, 298.11 FEET; THENCE ALONG THE ARC OF THE CURVE, 298.44 FEET TO A POINT OF  Exhibit A  TANGENCY AND THE EAST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID  SECTION 18; THENCE ALONG SAID EAST BOUNDARY LINE, S00°34'56"E, 360.40 FEET TO THE POINT OF  BEGINNING.    FUTURE LAND USE MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: LUP2018-02001 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Amendment Size(Acres): Total Property Size (Acres): 9.20 Acres for areas currently designated Pres. & T/U only (exclu. Pond) 24.46 Land Use Zoning PIN: 18-28-16-00000-410-0000 From: Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) Atlas Page: 166B & 177B 12060 60 30 27 1 2 3 35 34 33 32 86 SEE PLAT FOR DIM*606060 99201 1 2 3 4 5 7 86124(S)5 0 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 1 2 1 2 3 4 1 2 3 4 5 6 17 18 19 20 21 3 4 5 4 3 2 1 18 17 16 15 4 3 2 1 17 16 15 14 3 2 1 17 16 15 20 19 18 (21) LAKE 50 505050 50 50 50 6091668 I 15 14 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 40 41 42 43 44 4551 50 49 48 54 55 56 5762 63 64 6566 67 68 69 72 73 74 75 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L ASPEN TRL 66th ST BEECH TRL RODNEY CT DAVID CT SCOTT CT MORGAN CT FAIRFIELD TRL SWEETWATER TRL -Not to Scale--Not a Survey-Rev. 2/23/2018 3474 3490 3492 Exhibit B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 19, 2018 AGENDA ITEM: F.1. CASE: LUP2018-02001 REQUEST: To amend the Future Land Use Map designation for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation GENERAL DATA: Applicant ......................... Benjamin Roddey IV Owners ............................. Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Location .......................... 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, located at the southwest corner of Curlew Road and Lake Shore Lane Property Size ................... 9.20-acre portion of a 24.46-acre parcel Updated Background: This case was previously considered by the Community Development Board at its April 17, 2018 meeting. However, after that meeting, it was realized that the application did not include the authorization from all property owners listed on the deed. New corrected applications have been filed and the case is being processed again. The original submittal package included a request to rezone the property which has since been withdrawn. The remainder of this report and analysis has been updated to reflect the changes to the application and ownership and the withdrawal of the rezoning application. This case involves 9.20 acres of a 24.46-acre parcel located on the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 2 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The property is within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2017-12026) that is being processed concurrently with this case at the June 21, 2018 City Council meeting. Annexation is required in order to connect to City services when the site is redeveloped in the future. Map 1 shows the entire parcel’s future land use designations in Pinellas County, and Maps 2 and 3 show the general location of the property and an aerial view of the amendment area. According to the Habitat Assessment Memo prepared by Earth Resources Consulting Scientists and provided by the applicant, in addition to the stormwater pond which is classified by the Southwest Florida Water Management District (SWFWMD) as surface water authorized for stormwater use, the majority of the upland area on the property is characterized by various grasses that are maintained by mowing. There are also remnants of oak hammocks, but the report found no natural wetlands within the property. There is a utility line traversing the property’s western boundary, and this area is also mowed. Some of this upland area is currently designated as Residential Low (RL) on the County’s Future Land Use Map, while areas around the pond and within the utility easement (8.845 acres in total) are incorrectly designated as Preservation (P) on the map. The City’s Comprehensive Plan provides for the application of the Transportation/Utility (T/U) overlay to recognize utility transmission lines located in an easement that are less than 10 acres in size. The area within the existing utility easement is approximately 1.52 acres in size, and is currently designated Transportation/Utility (T/U) in the northernmost portion of the easement (0.355 acres) and Preservation (P) (1.165 acres) in the remainder of the easement; therefore, the application of the Transportation/Utility (T/U) Overlay with Residential Low (RL) underneath is appropriate within this easement. The 10.46 acres of land currently designated as Residential Low (RL) in the County will continue to be designated as Residential Low (RL) on the City’s map upon annexation and are therefore not the subject of the remainder of this report. Similarly, the existing 4.8-acre stormwater pond, which is undesignated on Pinellas County’s Future Land Use Map, will be appropriately designated upon annexation as Water/Drainage Feature, consistent with the City’s Comprehensive Plan, and is also excluded from the remainder of the analysis in this report. The request is to change the Future Land Use Map designation for a 9.20-acre portion of the subject property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation. The property will be assigned a Zoning Atlas designation of Low Density Residential (LDR) on the southern 12.74 acres of the site, and the Low Medium Density Residential (LMDR) District along the northern 11.72 acres of the site upon annexation into the City (no separate application for rezoning required). The applicant has indicated he would like to develop the site with approximately 30 single-family houses; however, no site plan has been submitted at this time. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 3 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Pinellas County Future Land Use Map (Current Designations) Proposed amendment area includes all Preservation (P) and Transportation/Utility (T/U) areas Map 2 Map 3 RL RL Undesignated (Water) T/U P P P RL RL R/OL Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 4 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Map 4 shows the existing surrounding uses. The subject property is surrounded by single family homes on all sides, including to the north across Curlew Road and to the east across Lake Shore Lane. The residences to the east are within the City of Clearwater jurisdiction, while the others remain in Pinellas County. Map 4 As shown on Map 5, the abutting future land use designations are primarily Residential Low (RL), which is designated on the north, east, south and west sides. Additionally, adjacent to the northwest corner there is a small area (two parcels) designated Residential/Office Limited (R/OL) along Curlew Road. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designation appears in Table 1, along with the consistent zoning districts. Map 5 Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 5 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Requested FLUM Designation Preservation (P) (8.845 acres) Transportation/ Utility (T/U) (0.355 acres) Residential Low (RL) (9.20 acres) Transportation/ Utility (T/U) Overlay (1.52 acres) Primary Uses: Natural/Undeveloped Water Features; Beaches and Dunes; Environmental Parks Airports; Marina; Utility Facilities Low Density Residential Utility transmission line located in an easement Maximum Density: 0 dwelling units per acre 0 dwelling units per acre 5 dwelling units per acre Based upon the underlying future land use (RL proposed) Maximum Intensity: FAR 0.10; ISR 0.20 FAR 0.70; ISR 0.90 FAR 0.40; ISR 0.65 Based upon the underlying future land use (RL proposed) Consistent Zoning Districts: Preservation (P) Institutional (I) Low Density Residential (LDR), Low Medium Density Residential (LMDR) Consistent with all zoning districts REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals and objectives of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. Objective A.6.4 Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Goal A.7 The City of Clearwater shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater Planning Area. Policy D.1.2.1 Sewer services shall not be extended to properties outside of the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 6 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Objective F.1.3 The City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. Policy F.1.3.2 Limit alteration of all urban forests utilizing the Community Development Code; protect natural and mitigated wetlands, marine life, shoreline vegetation, and wildlife habitat in the City from disturbance and destruction. The Residential Low (RL) future land use designation is primarily proposed in areas that are currently designated as Preservation (P) but do not meet the characteristics for that category, as detailed in the Habitat Assessment Memo. The onsite stormwater pond is not classified as a natural wetland, but the pond margins contain a mixture of naturally recruited wetland trees and herbaceous vegetation. The pond will remain onsite, and any impacts or changes to the pond would be evaluated as part of the site plan review process. Modifications to the pond may be allowed, but changes must be consistent with City and SWFWMD stormwater regulations. The proposed amendment would allow for the property to be developed as a new single-family subdivision which is compatible with the surrounding single-family residential uses. Future development will be able to connect to the City’s sanitary sewer service. The proposed Transportation/Utility (T/U) Overlay would be designated over the existing utility easement along the western boundary. The proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals and objectives listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map categories on the 9.20-acre proposed amendment area are Preservation (P) and Public/Semi-Public (P/SP). The proposed amendment area is surrounded by properties designated Residential Low Medium (RLM), including portions of the subject parcel. The proposed City of Clearwater future land use designation of Residential Low (RL) will necessitate an amendment from the Preservation (P) and Public/Semi-Public (P/SP) categories to the Residential Low Medium (RLM) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.2 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 7 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed use, as indicated by the applicant, is a low density residential development, which is an appropriate use within the area and is consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single family residential adjacent to the south, as well as across Lake Shore Lane to the east and Curlew Road to the north, and across the utility easement to the west. The redevelopment of the property with a residential use is compatible with the surrounding properties and neighborhood. The proposed Residential Low (RL) future land use category primarily permits residential development at 5 dwelling units per acre. Surrounding properties are also designated Residential Low (RL); therefore, the requested category is consistent with the designations in the vicinity and will allow development that is in character with the surrounding properties and neighborhoods. Recommended Conclusions of Law: The proposed Residential Low (RL) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the proposed amendment area under the present and requested City Future Land Use Map designations were analyzed. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 8 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designations Requested FLUM Designations P T/U Total RL (+ T/U Overlay)3 Net Change Site Area 8.845 AC (385,288.2 SF) 0.355 AC (15,463.8 SF) 9.20 AC (400,752 SF) 9.20 AC + 1.52 AC3 (400,752 SF) Maximum Development Potential 8 DUs1 0 SF2 0.10 FAR 0 DUs 10,824 SF 0.70 FAR 8 DUs 10,824 SF N/A 46 DUs 0 SF4 0.4 FAR +38 DUs -10,824 SF -0.1 to 0.7 FAR Notes: 1. Residential uses are not permitted within the Preservation (P) District, but the Preservation (P) future land use category permits 1 unit per acre to potentially be utilized through transfer of development rights or to be constructed on another non-preservation area on the same development parcel. 2. Non-residential uses permitted through the consistent Preservation (P) District are limited to marinas and their accessory structures and environmental parks, which are limited to boardwalks, picnic structures, and the like. 3. Transportation Utility (T/U) Overlay category development potential (density, intensity and ISR) is based upon the underlying future land use; LUP2018-02001 proposes RL as the underlying future land use in this area with the T/U Overlay 4. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the Low Density Residential (LDR) and Low Medium Density Residential (LMDR) zoning districts; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Low (RL) future land use developed with 46 detached dwellings to the maximum development potential of the existing Preservation (P) future land use category developed with 8 detached dwellings plus the development potential of the Transportation/Utility (T/U) land use category developed with a nonresidential use (10,824 SF public transportation facility). An increase in demand of several public facilities could be expected if the subject property redevelops; however, there is adequate capacity to serve the property. Potable Water The increase in development potential from this amendment would result in an increase in potable water use of 9,634 gallons per day. This is determined by comparing the potential potable water utilization of the maximum density allowed by the proposed land use developed with a residential use (12,972 gallons per day) to the potential utilization of the maximum residential and nonresidential development allowed by the current land use Preservation (P) and Transportation/Utility (T/U) future land use designations (3,338 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 9 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The increase in development potential from this amendment would also result in an increase in wastewater production of 8,778 gallons per day of wastewater. This is determined by comparing the potential wastewater generation of the proposed land use developed with a residential use (11,674 gallons) to the potential wastewater generation of a nonresidential use and residential units that could be permitted through the current land use designations (2,986 gallons). The subject property is served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 7.12 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in a decrease of 113.6 tons per year of solid waste generated when comparing the amount of waste generated by the maximum density for a residential use under Residential Low (RL) to that of the maximum density residential use under Preservation (P) and maximum size of a transportation facility under the Transportation/Utility (T/U) land use. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. The existing stormwater pond will need to continue to provide storage and treatment for the neighborhood to the south and provide storage and treatment for new development on the parcel. Coordination regarding location of drainage easements will be addressed through the storm system approval and platting process. Streets The property is located at the southwest corner of Curlew Road and Lake Shore Lane, which is east of US Highway 19. Curlew Road, which is a six-lane, divided facility that is classified as a principal arterial and maintained by FDOT. The intersection of Lake Shore Lane and Curlew Road is not signalized. The site is currently primarily vacant, with only two residences on the property. Therefore, any new development will result in the generation of new trips. The amendment would produce an additional 2,541 trips per day. This is determined by using the typical traffic impacts figure (trips per day per acres) in the Countywide Rules for the Countywide Plan Map category that is consistent with the current and proposed land use categories in the City, which is the standard used to evaluate potential impacts for Future Land Use Map amendments. For this amendment, Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 10 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION since the City’s Preservation (P) category allows for one dwelling unit per acre to potentially be constructed on the development parcel, the trip generation rate for the Countywide Plan Map category of Residential Low Medium (RLM) was utilized to determine the impact of those 8 dwelling units, and the trip generation rate for the Countywide Plan Map category of Public/Semi-Public (P/SP) with a transportation use was utilized for the remainder of the proposed amendment area which is currently designated as Transportation/Utility (T/U) on the City’s map. The number of new daily or peak hour trips for the development project will be determined at the time of site plan review and impacts will be assessed under the City’s Mobility Management System in the Community Development Code. The Forward Pinellas (Pinellas County’s Metropolitan Planning Organization) 2017 Level of Service Report shows Curlew Road is not a deficient roadway; therefore, a transportation management plan and/or traffic impact study is not mandatory but may be required along with payment of the multi-modal impact fee. City staff will review the traffic impacts at the time of site plan review and determine what additional plans or studies may be required. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: According to the Habitat Assessment Memo, the overall property contains remnants of oak hammocks, but these are primarily located outside of the proposed amendment area. The onsite stormwater pond is not classified as a natural wetland, but the pond margins contain a mixture of naturally recruited wetland trees and herbaceous vegetation. The pond will remain onsite, and any impacts or changes to the pond would be evaluated as part of the site plan review process. Modifications to the pond may be allowed, but changes must be consistent with City and SWFWMD stormwater regulations. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements, all of which are assessed at the time of site plan review. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 17, 2018 Revised for Community Development Board – June 19, 2018 LUP2018-02001- Page 11 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment for the 9.20-acre portion of property from Transportation/Utility (T/U) and Preservation (P) to Residential Low (RL) and Transportation/Utility (T/U) Overlay. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9124-18 Resume Photographs of Site and Vicinity ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail C OMMUNITY & ENVIRONMENTAL DEFENSE SERVICES Richard D. Klein, President (410) 654-3021 606A Freeland Road E-Mail Rklein@ceds.org Freeland, Maryland 21053 Web Page: www.ceds.org March 28, 2018 Lauren Matzke Long Range Planning Manager Planning and Development Department 100 South Myrtle Avenue Clearwater, Florida 33756 RE: 3474 Aspen Trail Environmental Comments Dear Ms. Matzke: I am assisting the Trails of Countryside Homeowners Association with concerns regarding the 3474 Aspen Trail rezoning- annexation request. The 24.5-acre tract owned by the applicant, Mr. Benjamin Roddey, III, is shown in the 2017 aerial photo to the right. Trails of Countryside residents live in the neighborhood seen to the south of the tract. While Association members would prefer to preserve the 24.5-acre tract in the current, mostly natural state, they also respect the owners right to make use of their property. Of greatest concern is preserving the quality of the onsite stormwater management facility known locally as Aspen Trail Lake. In these comments I offer suggestions for how the owner could develop the site in a way that achieves his goals and preserve Aspen Trail Lake too. These suggestions were offered to the owner's representatives at a recent meeting. The Association is awaiting the owner's response. Map A-11, in the City of Clearwater Comprehensive Plan, shows that the 24.5-acre tract contains a wildlife Hot Spot (Multiple Species Habitat). Hot Spots are described as "Representing biological diversity, created by aggregation of predictive habitat maps for wading birds, important natural communities, and 44 focal species. It also includes known species and community locations." Finding Equitable Solutions to Land Use & Environmental Conflicts 2 Pictured to the right is one of the Bald Eagles frequenting Aspen Trail Lake. Other wildlife observed on the site includes: gulls, many varieties of ibis, red tail hawks, chuck-wills-widow, raccoons, otters, turtles, Florida scrub jay, mourning doves, Pileated woodpeckers, red headed woodpeckers, Cardinals, Roseate Spoonbills, Moorhens, Great Egrets, and coyotes. Pictured to the left are two of the many Wood Storks that frequent Aspen Trail Lake. This species (Mycteria americana) is considered threatened by the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission.1 Association members are concerned that the proposed development of the site would result in the loss of much of the trees, shrubs and other habitat elements which allowed the Aspen Trail Lake tract to attain wildlife Hot Spot status. Additionally, conventional development could substantially increase stormwater pollutant loads to Aspen Trail Lake. The rise in pollutant loadings would result from an increase in the area of rooftops, streets, and other impervious surfaces draining to the Lake. The graph to the right compares nutrient removal efficiencies for the six most common stormwater Best Management Practice (BMP) categories.2 The efficiencies presented in this graph mirrors those provided in Appendix D, of the Pinellas County Stormwater Manual .3 The graph shows that bioretention and other infiltration practices are the most effective BMPs with regard to keeping nutrients out of downstream waters. These practices are also the most effective with regard to other stormwater pollutants and maintaining groundwater recharge. On the next page is the USDA Web Soil Survey map for the 24.5-acre Aspen Trail Lake tract. Added to the map is the Depth to Water values from Web Soil Survey. 1 See the Florida Fish & Wildlife Conservaton Commission Wood Stork webpage at: http://myfwc.com/wildlifehabitats/imperiled/profiles/birds/wood-stork/ 2 The data presented in this graph is from Table A-5, Recommendations of the Expert Panel to Define Removal Rates for Urban Stormwater Retrofit Projects, Chesapeake Stormwater Network, available online at: http://www.chesapeakebay.net/documents/Final_CBP_Approved_Expert_ Panel_Report_on_Stormwater_Retrofits--_short.pdf 3 The Pinellas County Stormwater Manua l is a va ilable online at: http://www.pinellascounty.org/plan/stormwater_manual.htm Soil Map—Pinellas County, Florida (Aspen Trail Lake Soils Map) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/19/2018 Page 1 of 331036703103720310377031038203103870310392031039703103670310372031037703103820310387031039203103970329510329560329610329660329710329760329810329860329910329960330010 329510 329560 329610 329660 329710 329760 329810 329860 329910 329960 330010 28° 3' 1'' N 82° 44' 4'' W28° 3' 1'' N82° 43' 46'' W28° 2' 50'' N 82° 44' 4'' W28° 2' 50'' N 82° 43' 46'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,350 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 4 The Pinellas County Stormwater Manual calls for a minimum of two feet of unsaturated soil beneath practices utilizing infiltration to achieve a high pollutant removal efficiency. Since these practices extend two- to four-feet below the soil surface, a minimum six-foot Depth to Water would be needed to accommodate highly-effective stormwater BMPs. The Web Soil Survey map shows that a Depth to Water of six-feet or more only exists in the five acres located in the northeast portion of the tract. Concentrating development in this portion of the site would allow treatment of impervious surface runoff with highly-effective BMPs. This layout would allow development of the site with far less stormwater impact to Aspen Trail Lake and make it possible to preserve the most important wildlife habitat on the tract. The 24.5-acre tract is located in the Curlew Creek watershed. The Florida Department of Environmental Protection has determined that Curlew Creek suffers from diminished dissolved oxygen levels due to excessive nutrient inputs.4 Concentrating development on the best soils on the tract would not only protect Aspen Trail Lake but Curlew Creek as well from increased nutrient inputs. In summary, concentrating development in the northeast portion of the 24.5-acre tract would allow treatment of stormwater runoff with the most effective BMPs. Rezoning the remainder of the tract Preservation would safeguard existing habitat and open the door to creating more high-quality wildlife habitat. The net result would be improvements to this wildlife Hot Spot and a reduction in pollutant loads to Aspen Trail Lake and Curlew Creek. Of course this is but one of several possible scenarios for accommodating a reasonable degree of development on the site while preserving the environmental resources essential to maintaining the high quality of life enjoyed by Trails at Countryside Association members and other City of Clearwater residents. The Association is anxious to work with the City and Mr. Roddey to find a mutually beneficial solution. Association representatives would deeply appreciate an opportunity to meet with you to explore how the interests of all parties can be met. Sincerely, Richard D. Klein cc: Mr. Paul Keleti, Trails of Countryside Homeowners Association Mr. Benjamin Roddey, III 4 Dissolved Oxygen and Nutrient TMDL for Curlew Creek Tidal Segment, WBID 1538, available online at: https://floridadep.gov/sites/default/files/curlew-tidal1538-donutr-tmdl.pdf Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-12026B Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve the initial Zoning Atlas designations of Low Density Residential (LDR) and Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, and pass Ordinance 9125-18 on first reading. (ANX2017-12026B) SUMMARY: This Zoning Atlas designation application involves property comprising approximately 24.46 acres located at the southwest corner of Curlew Road and Lake Shore Lane. This site is the subject of an annexation request (see ANX2017-12026A, proposed Ordinance 9123-18) and an initial future land use designation and amendment request (see LUP2018-02001, proposed Ordinance 9124-18). Details related to ownership, existing and surrounding site conditions and the applicants’ redevelopment intent are detailed in those items. Based upon the proposed initial future land use plan designation and amendment of the property to Residential Low (RL) and Transportation /Utility (T/U) Overlay, the proposed zoning districts to be assigned to the property are the Low Medium Density Residential (LMDR) District on the northern half (approximately 11.72 acres) and the Low Density Residential (LDR) District on the southern half (approximately 12.74 acres). The existing use of the site, as well as the proposed use as a residential subdivision is consistent with the uses allowed in the Districts and the Districts are consistent with the surrounding residential zoning districts that exist in the vicinity of the subject property. The proposed initial zoning designations are therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/19/2018 Ordinance No. 9125-18 ORDINANCE NO. 9125 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of the zoning classifications as set forth in this ordinance are found to be reasonable, proper and appropriate, and are consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit 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 contingent upon and subject to the adoption of Ordinance No. 9123-18 (annexation ordinance), subject to the approval of the land use designation set forth in Ordinance 9124-18 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. Property Zoning District See attached Exhibit A for Legal Description Low Density Residential (LDR) & Low Medium Density Residential (LMDR) (ANX2017-12026) Ordinance No. 9125-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  DESCRIPTION: (AS WRITTEN)  ZONE R‐3  FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE  NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT ALSO BEING THE  POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL; THENCE S89°24'05"W (BEARING DERIVED FROM  THE FLORIDA STATE PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR, WEST ZONE, NORTH  AMERICAN DATUM 1983 ADJUSTMENT OF 1990) ALONG THE SOUTH BOUNDARY LINE OF THE  NORTHEAST 1/4 OF SAID SECTION 18, FOR A DISTANCE OF 1309.95 FEET TO A POINT ON THE EAST  BOUNDARY LINE OF A FLORIDA POWER CORPORATION EASEMENT; THENCE S01°06'56"E, ALONG THE  EAST BOUNDARY LINE OF SAID FLORIDA POWER CORPORATION EASEMENT FOR A DISTANCE OF 471.27  FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF TRAILS OF COUNTRYSIDE, PLAT BOOK 90,  PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID NORTHERLY  BOUNDARY LINE, S84°41'31"W FOR A DISTANCE OF 86.65 FEET TO A POINT ON THE WEST BOUNDARY  LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE ALONG THE WEST  BOUNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE WEST BOUNDARY LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18 FOR A DISTANCE OF 718.29 FEET TO A  POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 586 (CURLEW ROAD) PER FLORIDA  DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NO. 15009‐2540 AND A POINT OF  CURVATURE OF A CURVE CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD  BEARING AND CHORD DISTANCE OF N71°52'05"E, 16.12 FEET; THENCE ALONG THE ARC OF THE CURVE  AND SAID SOUTHERLY RIGHT OF WAY LINE, 16.12 FEET TO A POINT OF TANGENCY; THENCE  CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S64°00'52"E, 20.10 FEET; THENCE  N72°26'33"E, 23.95 FEET; THENCE N27°53'29"E, 19.74 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1832.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N74°51'00"E, 101.75 FEET; THENCE ALONG THE ARC OF THE CURVE, 101.77 FEET TO A  POINT OF TANGENCY; THENCE N13°33'35"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1837.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N79°22'56"E, 188.65 FEET; THENCE ALONG THE ARC OF THE CURVE, 188.73 FEET TO A  POINT OF TANGENCY; THENCE S07°40'33"E, 7.00 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1830.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N83°56'42"E, 103.56 FEET; THENCE ALONG THE ARC OF THE CURVE, 103.57 FEET TO A  POINT OF TANGENCY; THENCE N85°33'56"E, 593.93 FEET TO A POINT OF CURVATURE OF A CURVE  CONCAVE TO THE SOUTHERLY HAVING A RADIUS OF 1330.86 FEET, A CHORD BEARING AND CHORD  DISTANCE OF N86°27'04"E, 56.63 FEET; THENCE ALONG THE ARC OF THE CURVE, 56.63 FEET TO A POINT  OF TANGENCY; THENCE N02°39'43"W, 5.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO  THE SOUTHERLY HAVING A RADIUS OF 1835.86 FEET, A CHORD BEARING AND CHORD DISTANCE OF  S88°00'19"E, 298.11 FEET; THENCE ALONG THE ARC OF THE CURVE, 298.44 FEET TO A POINT OF  TANGENCY AND THE EAST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID  SECTION 18; THENCE ALONG SAID EAST BOUNDARY LINE, S00°34'56"E, 360.40 FEET TO THE POINT OF  BEGINNING.  Exhibit A  DESCRIPTION: (AS WRITTEN)  ZONE A‐E  FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE  NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 16 EAST, SAID POINT ALSO BEING THE  POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL; THENCE S00°24'05"E (BEARING DERIVED FROM  THE FLORIDA STATE PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR, WEST ZONE, NORTH  AMERICAN DATUM 1983 ADJUSTMENT OF 1990) ALONG THE EAST BOUNDARY LINE OF THE NORTHEAST  1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18, FOR A DISTANCE OF 404.83 FEET TO A POINT ON THE  NORTHERLY BOUNDARY LINE OF TRAILS OF COUNTRYSIDE, PLAT BOOK 90, PAGE 49 OF THE PUBLIC  RECORDS OF PINELLAS COUNTY, FLORIDA THENCE S89°52'41"W, ALONG SAID NORTHERLY BOUNDARY  LINE FOR A DISTANCE OF 452.36 FEET; THENCE CONTINUE ALONG SAID NORTHERLY BOUNDARY LINE,  S84°41'31"W FOR A DISTANCE OF 854.85 FEET TO A POINT ON THE EAST BOUNDARY LINE OF A FLORIDA  POWER CORPORATION EASEMENT; THENCE N01°06'56"W, ALONG THE EAST BOUNDARY LINE OF SAID  FLORIDA POWER CORPORATION EASEMENT FOR A DISTANCE OF 471.27 FEET TO A POINT ON THE  SOUTH BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18, THENCE  N89°24'05"E, 1309.95 FEET TO THE POINT OF BEGINNING.        Exhibit B  ZONING MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.46 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIM*606060 99201 1 2 3 4 7 86124(S)50 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 50 505050 50 50 50 60 I 14 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT RODNEY CT SCOTT CT MORGAN CT BEECH TRL P LDR-Not to Scale--Not a Survey-Rev. 5/24/2018 3474 3490 3492 LOCATION MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) US-19 NCURLEW RD 69th ST N298th AVE N70th ST NLAKE SHORE LN NORTHRIDGE DR BRATTLE LN 297th AVE N 66th ST N69th WAY NSEACOL ST 67th ST N68th ST N301st AVE N 300 th AVE N S K I P P E R T R L 66th WAY N67th WAY NCUMBERLAND TRL E LAKE SHORE LN REDFORD CT W 297th AVE N -Not to Scale--Not a Survey-PROJECT SITE Rev. 2/15/2018 AERIAL MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) C U R L E W R D C U R L E W R D 69th ST N69th ST NLAKE SHORE LN LAKE SHORE LN 66th ST 66th ST TALLEY DR TALLEY DR S K I P P E R T R L S K I P P E R T R L ASPEN TRL ASPEN TRL DAVID CT DAVID CT BEECH TRL BEECH TRL SCOTT CT SCOTT CT RODNEY CT RODNEY CT MORGAN CT MORGAN CT LINDA CT LINDA CT FAIRFIELD TRL FAIRFIELD TRL SWEETWATER TRL SWEETWATER TRL BREWTON CT BREWTON CT WESTVIEW CT WESTVIEW CT -Not to Scale--Not a Survey-Rev. 2/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 N/A Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Density Residential (LDR) & Low Medium Density Residential (LMDR) 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIMENSIONS*606060 99201 1 2 3 4 76 86124(S)50 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C (C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL -Not to Scale--Not a Survey-Rev. 2/22/2018 3474 3490 3492 Single Family Residential Single Family Residential ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 Benjamin D. Roddey III, Baron N. Roddey, Mary K.E. Roddey, Christina P. Roddey, Glenn W. Roddey, Kay R. Schafer, and Benjamin D. Roddey IV 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4640 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) in the amount of $360,000 to GeoNexus Technologies, Inc., Ann Arbor, MI for software licensing and maintenance of field mobility software and integration services and authorize the appropriate officials to execute same. (consent) SUMMARY: Vendor selection is in accordance with Sec. 2.564(1) (b), Code of Ordinances - Sole Source. GeoNexus provides field mobility software solutions for integration of the City’s GIS (geographic information systems) and Asset Management software systems. The City’s use of GIS and Asset Management software by field operations across multiple departments has increased significantly over the past six years. This software solution simplifies and streamlines the field experience by providing a single application from which field personnel can access and reference data from multiple existing systems. City infrastructure maintenance operations (including Gas, Water, Reclaimed Water, Urban Forestry, Stormwater and Water Pollution Control) perform thousands of tasks, both service order requests and maintenance work orders, over the course of a year. Improved efficiency of data access and data entry from the field will improve the quality of decisions and data entry, and subsequently increase efficiency and productivity. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology Admin Services budget for the current support year (June 2018-June 2019). Funds for the out years, 2019-2020 and 2020-2021, will also be included and charged back to user department in the respective Information Technology Admin Services budgets. Page 1 City of Clearwater Printed on 6/19/2018 GEOWORX®SOFTWARE LICENSE AGREEMENT This GeoWorx Software License Agreement (this “Agreement”) is made as of May 25, 2018 (the “Effective Date”), between GeoNexus Technologies L.L.C., a Michigan limited liability company with a place of business at 3005 Boardwalk Street, Suite 107, Ann Arbor, Michigan 48108 (“Vendor”), and The City of Clearwater, a [state] [corporation/limited liability company/etc.] with a place of business at 100 S Myrtle Ave Clearwater, FL 33756-5520, (“Customer”) (each of Vendor and Customer, a “Party”; together, the “Parties”). 1 Definitions. 1.1 “Affiliate”means an entity where Customer owns or controls more than 50% of either the entity’s voting rights or the entity’s controlling body, but only for so long as this control continues to exist. 1.2 “Commencement Date”means, with respect to specific Software, the date on which Customer receives the first copy of that Software. 1.3 “Documentation”means the documentation pertaining to the use of the Software that is made available to Customer, as it may be updated from time to time by Vendor. 1.4 “Fees”means Software license fees, Support fees and all other fees or charges arising under this Agreement. 1.7 “Software”means the software programs listed on Exhibit A, in object code only, and provided by Vendor to Customer, including any Upgrades provided to Customer. 1.8 “Support”means the technical support services described in Exhibit B. 1.9 “Term”is defined in Section 5.1. 1.10 “Upgrades”means maintenance patches, new releases, or new versions for Software provided to Customer. 2 License Grants and Limitations. 2.1 Software License.Subject to all the terms and conditions of this Agreement, Vendor hereby grants to Customer a nonexclusive, nontransferable, nonsublicensable license during the Term under Vendor’s intellectual property rights to use the number of copies of the Software identified in Exhibit C solely for its own internal business purposes and in accordance with the other restrictions in this Agreement. The Software may only be copied as may be necessary for backup purposes or to replace a defective copy. If Customer is unable to operate the Software due to an equipment malfunction, the Software may be transferred temporarily to other computer equipment during the period of equipment malfunction. 2.2 Documentation License.Subject to all the terms and conditions of this Agreement, Vendor hereby grants to Customer a nonexclusive, nontransferable, nonsublicensable license during the Term under Vendor’s intellectual property rights to use and copy it in support of Customer’s licensed use of the Software. 2.3 Use by Affiliates. 2.3.1 Addendum.The Software and Documentation may be used by an Affiliate of Customer provided that prior to any use the Affiliate executes a mutually agreeable addendum to this Agreement by which the Affiliate agrees to be bound by the terms of this Agreement. 2.3.2 Customer Responsibility.Any use by a Customer Affiliate will be subject to the following: (a) Customer is responsible for the acts or omissions of its Affiliate as if they were Customer’s acts or omissions; (b) Customer shall indemnify Vendor against all losses and damages arising from breach of this Agreement by its Affiliate; and (c) the Affiliate’s use will not constitute a violation under any applicable export law or regulation. 2.4 Restrictions. 2.4.1 General.Customer acknowledges that the Software and Documentation contain valuable trade secret and confidential information of Vendor. Customer shall take the actions necessary to fulfill its obligations under this Agreement by instruction or agreement with its employees or agents who are permitted access to the Software or Documentation. Customer shall only give access to the Software or Documentation on a need-to-know basis. 2.4.2 Proprietary Rights.Title to all patents, copyrights, trade secrets, and other proprietary rights in or related to the Software and Documentation (including all of their component parts) are and will remain the exclusive property of Vendor. Customer will not acquire any right in the Software or Documentation except the limited rights specified in this Section 2, or take any action to challenge Vendor’s proprietary rights. Unless otherwise specifically agreed in writing, Vendor will own all rights in any copy, translation, modification, adaptation, or derivative work of the Software, including any improvements, whether or not authorized by Vendor, and Customer hereby assigns these rights to Vendor. At the request of Vendor, Customer shall execute and deliver any additional instrument that may be appropriate to assign these rights to Vendor. 2.4.3 No Implied Licenses.Any use, modification, or distribution of the Software or Documentation by Customer outside the scope of the express licenses granted in this Section 2 is prohibited. 2.4.4 No Reverse-Engineering.Customer shall not, and shall not knowingly permit others to: (a) modifythe Software; or (b) decompile, reverse- engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Software; except that decompiling the Software is permitted solely to the extent the laws of Customer’s jurisdiction give Customer the right to do so to obtain information necessary to render the Software interoperable with other software, provided that Customer must first request this information from Vendor and Vendor may, in its sole discretion, either provide this information to Customer or impose reasonable conditions, including a reasonable fee, on this use of the Software to ensure that Vendor’s proprietary rights in the Software are protected. 2.4.5 Unauthorized Distribution or Copying. Other than in accordance with this Agreement, Customer shall not, and shall not knowingly permit others to: (a) lease, license, sublicense, transfer, or assign any of its rights under this Agreement; (b) sell, rent, or distribute the Software, including providing access to the Software or using the Software to operate a service bureau or on a timesharing basis; or (c) use, copy, duplicate, or otherwise reproduce any part of the Software or Documentation. Any breach of this Section 2.4.5 is a material breach of this Agreement that is incapable of cure. 2.4.6 Required Proprietary Notices.Customer shall ensure that each copy it makes of the Software or Documentation contains the same proprietary notices as provided to Customer. 2.5 Reasonable Cooperation.Customer shall promptly provide to Vendor all relevant facts in its possession upon becoming aware of a likelihood of infringement or other illegal use or misuse by any third party of the Software or any related intellectual property rights. Customer shall provide reasonable cooperation in any related suits and actions, at Vendor’s request and expense. 2.6 Acceptance.Without prejudice to any warranty rights, Customer will be deemed to have accepted the Software on the Commencement Date. All subsequent copies of a particular Software product will be deemed accepted upon acceptance of the first copy delivered to Customer. 2.7 Source Code Escrow.If indicated on Exhibit C, Customer will be made a beneficiary under Vendor’s existing source code escrow arrangement. Vendor hereby grants to Customer a non-exclusive, nontransferable, nonsublicensable license during the Term under Vendor’s intellectual property rights to use any released source code solely for maintenance of the Software and solely for its own internal business purposes and in accordance with the other restrictions in this Agreement. 3 Technical Support.Vendor shall provide Support and Upgrades in accordance with Exhibits B and C. 4 Fees. 4.1 Prices.Customer shall pay the Fees for the Software, Support and Upgrades in accordance with Exhibit C. 4.2 Payment Terms.All payments are due within thirty (30) days after the Commencement Date. For all amounts not paid when due, Customer shall pay an additional charge equal to one and one-half percent (1.5%) of these amounts per month or partial month until paid, except that these additional charges will not apply to unpaid amounts that Customer is disputing in good faith. Customer shall also reimburse Vendor for all expenses incurred by Vendor in exercising its rights under this Agreement or applicable law with respect to a default in payment by Customer, including reasonable attorney fees and the fees of any collection agency retained by Vendor. 4.3 Renewals. Vendor shall provide an invoice for the renewal Fee (whether for term licenses or for annual Support) at least sixty (60) days prior to the end of the current term. The applicable term will be renewed automatically for subsequent one-year terms upon Customer payment of the applicable invoice. The Fee amounts for renewals are subject to an annual increase of up to the greater of: (a) three percent (3%); or (b) the Employment Cost Index (“ECI”), Total Compensation, Private Industry, Service-Providing Industries, Professional, Scientific and Technical Occupations, Not Seasonally Adjusted (December 2005 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics (see http://www.bls.gov/ncs/ect/). 4.4 Taxes.All applicable transaction taxes, including sales and use taxes, value added taxes, and other transactional charges such as duties, customs, tariffs, imposts, and government imposed surcharges (“Transaction Taxes”) will be paid by Customer, and are not included in Vendor’s pricing. If Vendor is required to collect Transaction Taxes from Customer and remit them to a taxing authority, Vendor will separately state the Transaction Taxes on an invoice. Each Party is responsible for its own income taxes or taxes based on gross revenues or gross receipts. 4.5 Software Usage Audit. Upon Vendor’s written request, Customer shall provide to Vendor a signed certification (a) verifying the Software is being used in accordance with the terms of this Agreement; and (b) listing the locations in which the Software is run, number of users, number of CPUs, and any other information reasonably requested by Vendor. Vendor may, at Vendor’s expense and not more than once annually, audit Customer’s use of the Software and compliance with this Agreement. The audit will be conducted during business hours and will not unreasonably interfere with Customer’s business activities. Customer shall provide Vendor with all reasonable information and assistance (including copies of related software) required to enable Vendor to determine whether Customer is in compliance with this Agreement. If the audit reveals that Customer has underpaid Fees to Vendor, Customer will be invoiced for the underpaid Fees based upon Vendor’s price list at the time the Fees would have otherwise been incurred, together with interest at a rate of one and one-half percent (1.5%) per month or partial month until paid. If the audit reveals that Customer has underpaid Fees totaling 5% or more of the Fees due in any year, Customer shall reimburse Vendor for all reasonable expenses associated with the audit. 5 Term and Termination. 5.1 Term.This Agreement commences on the Effective Date and continues until terminated under Section 5.2 (the “Term”). 5.2 Termination.Either Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to correct the breach within thirty (30) days after written notice. 5.3 Effect of Termination.Upon termination of this Agreement, all licenses granted to Customer will immediately terminate and Customer shall: (a) immediately cease using the Software and Documentation; and (b) certify to Vendor in writing within thirty (30) days after termination that Customer has destroyed or returned to Vendor the Software and Documentation and all copies remaining in Customer’s possession or control. This requirement applies to copies in all forms, partial and complete, and whether or not modified or merged into other materials. Termination of this Agreement by either Party will not limit a Party from pursuing any other remedies available to it, including injunctive relief, nor will termination release Customer from its obligation to pay all Fees that Customer has agreed to pay under this Agreement. The Parties’ rights and obligations under Sections 2.3.2, 2.4, 2.5, 4.2, 4.4, 4.5, 5, 7, 8, 9, and 10 will survive termination of this Agreement. 6 Warranties. 6.1 Limited Warranty.Vendor warrants that each unmodified copy of a Software product will substantially conform to Exhibit A and to the applicable documentation at the time of delivery, when operated in accordance with the applicable user manuals. If Customer does not provide written notice to Vendor of a claim for breach under this Section 6.1 within ninety (90) days after the Commencement Date with respect to a particular Software product, then its right to make a claim will terminate. The warranty under this Section 6.1 does not apply to subsequently delivered copies of the same Software product after this period has passed for the first copy delivered to Customer. 6.2 Remedies.For any breach of the warranty in Section 6.1, Vendor shall exercise commercially reasonable efforts to modify the Software so that the applicable warranty is true and to deliver to Customer the modified Software, if any. If Vendor concludes this modification is impracticable, then Vendor will refund the Fees paid for the license of the nonconforming Software; but Customer must first return to Vendor all copies of the applicable Software in Customer’s possession or control. This requirement applies to all copies in all forms, partial and complete, and whether or not modified or merged into other materials. 7 Disclaimers. 7.1 The express remedies in Section 6 constitute Customer’s exclusive remedies, and Vendor’s sole obligation and liability, for any claim (a) that any Software or other deliverable does not conform to specifications or is otherwise defective, or (b) that any services were performed improperly. 7.2 EXCEPT FOR THE WARRANTIES IN SECTION 6.1, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CUSTOMER, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS,” AND VENDOR MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES, OR ANY MATTER WHATSOEVER. THE PARTIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. 7.3 VENDOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SPECIFIED IN THIS AGREEMENT, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF CUSTOMER REQUESTS PRE-PRODUCTION (E.G., "ALPHA" OR "BETA") RELEASES OF SOFTWARE, THESE COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. 7.4 Except as may be done in accordance with Section 10.14, no statement by any Vendor employee or agent, orally or in writing, will serve to create any warranty or obligation or to otherwise modify this Agreement. 8 LIMITATION OF LIABILITY. 8.1 EXCEPT WITH REGARD TO CLAIMS BASED UPON CUSTOMER’S BREACH OF SECTION 2.4, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, SAVINGS, REVENUE, OR USE, DAMAGED OR LOST FILES OR DATA, OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES, EVEN IF THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR AGGREGATE LIABILITY TO CUSTOMER RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES, EXCEEDING [THE AMOUNT OF FEES PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE ONE-YEAR PERIOD PRECEDING THE FIRST ACT GIVING RISE TO LIABILITY]. [NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES BASED ON ACTIONS OR OCCURRENCES THAT OCCURRED MORE THAN ONE YEAR BEFORE THE OTHER PARTY PROVIDES NOTICE OF THE CLAIM.] THESE LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY, AND WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SPECIFIED REMEDIES. 8.2 CUSTOMER ACKNOWLEDGES THAT THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THE OVERALL ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING BY MEANS OF THE LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES DESCRIBED IN THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND A MODIFICATION OF THESE PROVISIONS WOULD AFFECT SUBSTANTIALLY THE FEES CHARGED BY VENDOR. IN CONSIDERATION OF THESE FEES, CUSTOMER AGREES TO THIS ALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, THROUGH EQUITABLE RELIEF OR OTHERWISE, TO SUBSEQUENTLY SEEK A MODIFICATION OF THESE PROVISIONS OR ALLOCATION OF RISK. 9 Indemnity. 9.1 Vendor Intellectual Property Indemnity.Vendor shall defend or, at its sole option, settle, at its own expense any suit, action, or proceeding brought against Customer by a third party claiming that the Software infringes [any United States patent issued or any copyright or trade secret arising under the laws of any jurisdiction] (an “IP Action”), and Vendor shall pay damages finally awarded against Customer in the IP Action, or those monetary damages agreed to by Vendor and the claimant in a monetary settlement of the IP Action; provided that Vendor will be relieved of these obligations unless Customer: (a) gives Vendor prompt written notice of the claim; (b) tenders to Vendor sole control of the defense or settlement of the IP Action; and (c) cooperates with Vendor in defending or settling the IP Action. If Vendor receives notice of an allegation that any Software infringes a third party’s intellectual property rights, or if Customer’s use of any Software is enjoined as a result of infringement, Vendor may, at its sole option and expense: (i) procure for Customer the right to continue using the Software; (ii) modify the Software so that it is no longer infringing; or (iii) replace the Software with other Software of equal or superior functional capability. If none of these actions are in Vendor’s determination commercially feasible, Vendor will have the right to terminate the license to that Software. If Vendor terminates a Software license as described above: (1) Vendor shall refund the applicable Fees paid for the license of that Software, prorated over a straight-line five- year period; and (2) Customer shall immediately deliver to Vendor all copies of that Software in Customer’s possession or control. This requirement applies to all copies in all forms, partial and complete, and whether or not modified or merged into other materials. Notwithstanding any other provision of this Agreement, Vendor will not accept new orders for Software that is subject to a claim of infringement. 9.2 VENDOR IP INDEMNITY LIMITATIONS.THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION 9.1 WILL BE CUSTOMER’S EXCLUSIVE REMEDY AND VENDOR’S SOLE OBLIGATION AND LIABILITY FOR ANY ALLEGED INFRINGEMENT OF A PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT, INCLUDING MISAPPROPRIATION OF A TRADE SECRET. VENDOR HAS NO LIABILITY TO CUSTOMER, INCLUDING UNDER SECTION 9.1, FOR ANY CLAIM OF INFRINGEMENT CAUSED BY: (A) MODIFICATION OF THE SOFTWARE WITHOUT THE APPROVAL OF VENDOR; (B) ANY CUSTOMER OR THIRD-PARTY APPLICATION OR OTHER TECHNOLOGY; (C) USE OF THE SOFTWARE IN CONNECTION OR IN COMBINATION WITH EQUIPMENT, DEVICES, OR SOFTWARE NOT PROVIDED BY VENDOR (BUT ONLY TO THE EXTENT THAT THE SOFTWARE ALONE WOULD NOT HAVE INFRINGED); (D) COMPLIANCE WITH CUSTOMER’S DESIGN REQUIREMENTS OR SPECIFICATIONS; (E) USE OF SOFTWARE OTHER THAN AS PERMITTED UNDER THIS AGREEMENT, OR IN A MANNER FOR WHICH IT WAS NOT INTENDED; OR (F) USE OR DISTRIBUTION OF OTHER THAN THE MOST CURRENT RELEASE OR VERSION OF THE SOFTWARE (IF THE INFRINGEMENT WOULD HAVE BEEN PREVENTED BY THE USE OF THIS RELEASE OR VERSION). 9.3 Customer Use Indemnity.Except with respect to infringement of third-party rights for which Vendor is obligated to indemnify under Section 9.1, Customer shall defend at its own expense any suit, action or proceeding brought against Vendor by a third party based on any claim arising in connection with Customer’s use of the Software (a “Use Action”), and Customer shall pay the damages incurred by Vendor in the Use Action, or those damages agreed to in a settlement of the Use Action, and all reasonable attorney fees and costs of litigation. Vendor shall: (a) notify Customer promptly in writing of the Use Action, (b) tender to Customer sole control of the defense or settlement of the Use Action at Customer’s expense, provided, however, Customer may not settle a Use Action in a manner that would have an adverse impact on the business of Vendor without receiving the prior written consent of Vendor, and (c) cooperate and, at Customer’s expense, assist in the defense. Vendor will have the right to participate at its own expense in any Use Action or related settlement negotiations using counsel of its own choice. 10 General. 10.1 Export.Customer shall comply with all applicable export laws and regulations of the United States of America, the European Union, and other countries (“Applicable Export Laws”) and assure that no Software is: (a) exported, directly or indirectly, in violation of Applicable Export Laws; or (b) intended to be used for any purposes prohibited by the Applicable Export Laws, including nuclear, chemical, or biological weapons proliferation. The Parties shall not take any actions that would cause either Party to violate the U.S. Foreign Corrupt Practices Act or similar anti-corruption laws. 10.2 U.S. Government End Users.The Software and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as these terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Customer may provide to a government end user or, if this Agreement is direct, a government end user will acquire, the Software and Documentation with only those rights specified in this Agreement. Use of either the Software or Documentation or both constitutes agreement by the government that the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions in this Agreement. 10.3 Notice.All notices under this Agreement, including notices of address change, must be in writing and will be deemed given when sent by (a) registered mail, return receipt requested, or (b) a nationally recognized overnight delivery service (such as Federal Express), to the [President or General Counsel] of the appropriate Party at the relevant address first listed above, or to a Party’s address as changed in accord with this Section. 10.4 Legal Expenses.If legal action is taken by either Party to enforce its rights under this Agreement, all costs and expenses incurred by the prevailing Party, including reasonable attorney fees and costs of litigation, will be paid by the other Party. 10.5 Severability.If a provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government, the validity of the remaining provisions will remain in full force and effect. 10.6 Governing Law; Venue.This Agreement is governed by the laws of the State of Michigan, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All litigation related to this Agreement must be brought in a state or federal court located in Washtenaw County, Michigan, as permitted by law, except that Vendor may elect to seek injunctive or similar relief in any court having jurisdiction over Customer. Customer hereby consents to the personal jurisdiction of these courts. 10.7 No Waiver.No failure to exercise, and no delay in exercising, any right will operate as a waiver; nor will any single or partial exercise of a right preclude any further exercise of that right or the exercise of any other right. The waiver by a Party of a breach of this Agreement will not constitute a waiver of any other breach. 10.8 Assignment.Neither Party may assign or transfer, by merger, operation of law or otherwise, this Agreement or any right or duty under this Agreement to a third party without the other Party’s prior written consent, except that. Vendor may transfer this Agreement, together with all of its rights and duties under this Agreement, to a successor entity if Vendor is acquired, whether by equity or asset purchase, merger, corporate restructuring or reorganization, or the like. Any purported assignment or transfer in violation of this Section is void. 10.9 Independent Contractor; Use of Subcontractors.Vendor is an independent contractor and nothing in this Agreement or related to Vendor’s performance will be construed to create a joint venture relationship between Customer and Vendor, or an employee relationship between Customer and any Vendor employee or subcontractor. Vendor may, in its discretion, utilize subcontractors to provide services under this Agreement. 10.10 No Third-Party Beneficiaries.This Agreement is an agreement between the Parties, and confers no rights upon any of the Parties’ employees, agents, contractors or customers, or upon any other person or entity. 10.11 Construction of this Agreement.The word “including” is not intended to be exclusive and means “including, but not limited to.” The word “or” is not intended to be exclusive unless the context clearly requires otherwise. Each of the Parties and their counsel have carefully reviewed this Agreement, and, accordingly, no rule of construction to the effect that any ambiguities in this Agreement are to be construed against the drafting Party will apply in the interpretation of this Agreement. 10.12 Force Majeure.Except with regard to any obligation to pay money, neither Party will be held responsible for any delay or failure in performance caused by fire, flood, embargo, strike, labor dispute, delay or failure of any subcontract, telecommunications failure or delay, act of sabotage, riot, accident, delay of carrier or supplier, voluntary or mandatory compliance with any governmental act, regulation or request, act of God or by public enemy, or any act or omission or other cause beyond that Party’s reasonable control. If any of these events does occur, the time to perform an affected obligation will be extended by the length of time the event continues. 10.13 Entire Agreement.This Agreement together with the Exhibits, which are hereby incorporated in this Agreement, contain all the agreements, representations, and understandings of the Parties and supersedes any previous understandings, commitments, representations or agreements, oral or written, with respect to the subject matter of this Agreement. If there is any inconsistency between a term of this Agreement and a term on any exhibit, the term of this Agreement will govern. 10.14 Modification.This Agreement may not be modified or amended except in a written document signed by a duly authorized representative of each Party that expressly states the sections of this Agreement to be modified; no other act, usage, or custom will be deemed to amend or modify this Agreement. Each Party hereby waives any right it may have to claim that this Agreement was subsequently modified other than in accordance with this Section. 10.15 Purchase Orders.Customer may, for purposes of administrative convenience, use Customer’s standard form of purchase order to order Software. Any terms or conditions on a purchase order in any way different from or in addition to the terms and conditions of this Agreement will have no effect and Vendor hereby rejects these terms and conditions. GEONEXUS TECHNOLOGIES L.L.C. Signature: Name: William Heise Title: President Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A GeoWorx®Software GeoWorx®Sync GeoWorx Sync is an out-of-the-box solution that synchronizes data between Oracle WAM and an Esri ArcGIS geodatabase in a loosely coupled model. GeoWorx Sync facilitates a high degree of stability and flexibility, so that you can have secure, consistent, and dependable synchronization of data between Oracle WAM and the ArcGIS geodatabase. GeoWorx Sync uses a “full compare” change detection model operating independently from Oracle WAM and ArcGIS to synchronize data between the two databases. This guarantees data changes made in either system are not lost during synchronization. All configurations, reporting, alerting, and other operations are handled from an intuitive GeoWorx Sync desktop GUI. This includes functionality to support adding new GIS layers that need to be synchronized with Oracle WAM, making it easy to add new Oracle WAM locations or assets to the system. GeoWorx®Office GeoWorx Office is an insertable widget available through the Esri® ArcGIS Online platform. Using existing Esri map visualization and geoprocessing capabilities,GeoWorx Office provides a unified operating picture of infrastructure assets/features, service requests and work orders throughout the enterprise. This includes examples such as corrective and emergency work, preventive/predictive maintenance, repair vs. replacement, inspections, shutdowns/outages, etc. in a geospatial context. GeoWorx Office includes the User Interface (UI) components and web services that handle the communication with Oracle Utilities Work and Asset Management GeoWorx Office provides a connection to Oracle Utilities Work and Asset Management for advanced work and asset management capabilities such as: Viewing the results of Asset, Work Order, Work Request, and Service Request queries on the map Filtering Work Orders, work requests, and service requests shown on the map by attributes in Oracle Work and Asset Management such as status, priority, assignment, problem type, etc. Access OWAM records and Location Address Information. Create Work Orders, Work Requests, and Service Requests by using the map to select the proper assets or locations. View details of Assets, Work, and Locations in a spatial context within GeoWorx Office. Define Service Request, Work Request, and Work Order Location information from selected assets or a sketched area. GeoWorx® Mobile GeoWorx Mobile is a mobile web-based solution built using HTML5 and JavaScript and runs in a browser such as Chrome. The application connects directly to Oracle Work and Asset Management (WAM) through a wireless connection to a web server that has connectivity to the WAM database server. Since this is a “connected” solution, the mobile workforce has real-time access to asset and work-related information in WAM. Using GeoWorx Mobile, crews can view and update work orders, enter labor time, and add materials used to complete the job. GeoWorx Mobile synchronizes changes made in the field with back office Oracle WAM. The application was designed to provide a simplified, easy-to-use graphical user interface so that users can access the functionality and data needed for field operations without all the complexity of the “out of the box” Oracle WAM application. Screenshots of the main application modules are below: Dashboard or Home Screen Map Tab Asset Detail Screen Work Order Task Screen GeoWorx® Sketch GeoWorx Sketch is a field-friendly map sketch/mark-up tool, yet comprehensive redlining system used to enhance communication and collaboration throughout the enterprise. GeoWorx Sketch makes it easy for a distributed workforce to inform asset managers of changes made to the infrastructure as a result of performing inspection, installation, repair or other maintenance activities. Sketches may be routed to others for comment and approval as well as submitted to authorized data editors for changes required to the Oracle WAM and GIS databases. This workflow-based solution starts with the redline creation and mark-up, continuing with redline sharing and submission to editors, and commencing with redline processing by GIS editors. GeoWorx Sketch is integrated with your Enterprise Asset Management map viewer, plugging into any existing Esri-based mapping system or your own enterprise web GIS viewer. GeoWorx Sketch Highlights: A complete enterprise, workflow-based solution Easy-to-use map markup tools, for use by non-GIS experts Integration of Sketch with Oracle Work and Asset Management map viewer (GeoWorx Map) Integration with virtually any other enterprise map viewer, offering a single redlining solution Sketch sharing via Email Attach sketches to existing Work Orders and Service Requests Storage and retrieval from your existing Geodatabase Sketch tracking and processing (i.e. data edits) via the Sketch Manager A historical and digital record of data update requests The GeoWorx Sketch Manager is an ArcMap desktop extension which is used by GIS/EAM data editors to track and process Sketch records that are submitted by users. With the GeoWorx Sketch Manager, data editors can view a table of all Sketch records and navigate to the geographic location of each Sketch by simply clicking on the Sketch record listed in the table. Sketch records can be organized by their status (i.e., NEW, COMPLETE, IN PROCESS, IGNORE, etc.). Typically, data editors wish to review the NEW Sketch records so that they can process the requested data correction. Once the edit is addressed and completed, the data editor changes the Sketch status to “COMPLETE.” GeoWorx Sketch records are organized in the Sketch Manager Table. Each Sketch record is processed by the appropriate data editor. All information including the markup, notes, and attached documents is available to data editors. Sketch markup images are geo-referenced and viewable within ArcMap along with the enterprise asset data. EXHIBIT B SOFTWARE SUPPORT AND MAINTENANCE Vendor shall provide the support services described in Section 1 below (the “Support”) and Upgrades as described in Section 2 below. 1.SUPPORT 1.1 TYPES OF SUPPORT. During the Support Term, Vendor shall provide the following types of Support for the Software during the “Principal Period of Support”, which is a nine-hour contiguous daily time period between the hours of 8:00 AM and 5:00 PM, ET, Monday through Friday, excluding Vendor’s published holidays (see Schedule 2). 1.1.1 Telephone/Email Support: Vendor technical staff shall attempt to answer questions and assist Customer in resolving issues related to the Software. 1.1.2 Remote Access Support: Vendor shall access the Software to perform remote diagnostics, verification and/or correction of issues. 1.1.3 Additional Support: For other support related activities that are not covered above, Customer may purchase Additional Support for the Software as described below in Section 4. 1.2 REQUESTING SUPPORT. Customer may request Support from Vendor (“Customer Request”) during the Principal Period of Support. A Customer Request may be made in the following manner: 1.2.1 Telephone:Customer Requests can be made to 866-839-4993. 1.2.2 E-mail:Customer Requests to support@geo- nexus.com. 1.3 INFORMATION REQUIRED. Prior to making a Customer Request, Customer must gather information in sufficient detail to permit Vendor to take appropriate action. Based upon the Severity Level, Vendor may begin investigation before a complete notification is received provided Customer promptly provides Vendor with the applicable information. Customer’s Authorized Contacts (Schedule 1) must provide the following information: Customer Name Authorized Contact Name Contact Phone Number Short Description of the Problem Severity Level (as defined below) Full text and code number of any error messages When did the problem first occur? Did this function/feature work prior to now? Did any events/changes occur during the timeframe in which the problem first occurred? Is the problem reoccurring? What resolutions or troubleshooting steps have been tried and what were the results? 1.4 SEVERITY LEVEL. Customer shall initially assign one of four Severity Levels to a Customer Request, which may be subsequently changed by mutual agreement between Vendor and Customer. Vendor shall respond to the Customer Request based upon the Severity Level initially assigned by Customer. The Severity Levels are: 1.4.1 Severity Level 1:– An unplanned outage of the Software in which the system crashes, hangs, loses data or leaves the Software in a state that is not operational. 1.4.2 Severity Level 2: – The Software is up and running but a major area of core functionality (non- administrative) is unavailable, no workaround exists, and a large percentage of users are impacted by the problem. 1.4.3 Severity Level 3: – The Software is operational, major functional areas are available, and either (1) an error occurred within one of the features but the error does not prevent use of the essential functionality; or (2) a slight operational error or inconvenience occurred that impacts a small percentage of users; or (3) a general degradation in performance is experienced. 1.4.4 Severity Level 4: –A minor issue related to usability, including text errors, screen or report alignment, incorrect colors, sorting errors on reports, etc. 1.5 RESPONSE TO CUSTOMER REQUESTS. Vendor shall respond to Customer Requests as described below. 1.5.1 Acknowledge: Vendor shall acknowledge the Customer Request and log the request in its Problem Reporting system. 1.5.2 Level of Effort: Vendor shall address the Customer Request using a commercially reasonable level of effort that is commensurate with the Severity Level. 1.5.3 Status: Vendor shall provide the Customer with status regarding the Customer Request based upon the Severity Level. For Severity Levels 1 and 2, Vendor shall provide both verbal and written status. For Severity Levels 3 and 4, Vendor shall provide either verbal or email status. 1.5.4 Circumvention: Vendor’s first priority is to assist Customer in getting the Software operational. This may be accomplished through a correction, adjustment, temporary solution, reasonable work around, or patch if possible (“Circumvention”). If during the course of problem resolution one of these actions improves the condition of the problem, then the Severity Level will be changed to reflect the current situation. 1.5.5 Resolution: Issue “Resolution” means Vendor has provided Customer with a New Version, New Release or Maintenance Patch that contains a fix or written instructions that enable Customer to correct the issue. Customer acknowledges that New Versions, New Releases or Maintenance Patches for third party Software must come from the applicable third party and that Vendor does not control the timing. If a Resolution cannot be accomplished in a timely manner and a temporary solution has been provided, Vendor will then provide a long-term action plan describing its approach to resolving the Customer Request. 1.5.6 Guidelines: During the Principle Period of Support, Vendor will use the following non-guaranteed guidelines to address Customer Requests. Severit y Acknowled ge Status Circumvention 1 2 hrs 8 hrs or as mutually agreed 48 hrs 2 4 hrs 16 hrs or as mutually agreed 96 hrs 3 8 hrs Upon Request N/A 4 16 hrs Upon Request N/A 2.SOFTWARE MAINTENANCE AND UPGRADES 2.1 Upgrades for Vendor Software: Vendor may release Maintenance Patches, New Releases or New Versions (each, as defined below) to correct issues, add updates, make adjustments or provide improvements as described below. If Customer requests deployment assistance from Vendor, Customer shall pay Vendor the applicable Additional Support fee and Travel Expenses associated with the deployment. 2.2 Maintenance Patches:In the course of providing support for Software, Vendor may determine it is necessary to make modifications to the Software or related documentation that correct errors or deficiencies or are identified by Vendor as mandatory changes to the Software. 2.3 New Releases: From time to time, as Vendor sees fit, Vendor may make changes or additions, other than Maintenance Patches or New Versions, to the Software or related documentation to support the systems with which the Software is designed to operate, to improve existing functions and performance, or to provide other updates, or are identified by Vendor as mandatory change to the Software. 2.4 New Versions:From time to time, as Vendor sees fit, Vendor may make significant changes or additions, other than Maintenance Patches or New Releases, to the Software or related documentation that adds new functionality, or improve performance by changes in system design or coding. New Versions will not include, however, any changes or additions to Software that Vendor does not make generally available to customers who have contracted to receive Support, which shall instead constitute a "New Product." 2.5 Version.Release.Maintenance: is the numbering scheme for the Software, for example: 2.5.10, with 2 being the "Version," 5 being the "Release," and 10 being the "Maintenance” number. 3.SUPPORT FOR THIRD PARTY UPGRADES 3.1 Third Party Maintenance Patches:Esri, IBM and Oracle issue maintenance patches from time to time for products with which the Software work (the “Third Party Products”). These patches are intended to correct issues in the Third Party Products and should not impact the Software. Therefore, Vendor does not perform any evaluation or testing of these patches in regards to the Software. 3.2 Third Party New Releases:If Customer determines a need to update to a Third Party Product new release, it will notify Vendor of its intentions through a Customer Request. Vendor shall then determine if an update to the Software is required. Vendor shall notify Customer of the need to update or not. If Vendor needs to update the Software, it shall do so within a commercially reasonable timeframe based upon the scope of effort required. 3.3 Third Party New Versions: Vendor may, at its sole discretion, provide updates to Software to support new versions of applicable Third Party Products. If Customer requests Vendor to update Software to support a Third Party Product new version, Customer shall pay Vendor the applicable Additional Support fee and Travel Expenses associated with the update. 4.ADDITIONAL SUPPORT 4.1 Description. Customer may have a need for support that is not covered under standard support as described above (“Additional Support”). This includes but is not limited to: 1. On-site support 2. Deployment assistance for Maintenance Patches, New Releases and New Versions 3. Updates to support New Versions of Third Party Products 4. Developer support for Customer 5. Enhancement requests associated with Software 6. Support outside of the Principal Period of Support 7. Training 4.2 Time and Material Support: Additional Support will be available to the Customer on an hourly time-and- material basis, provided in one (1) hour minimum increments. Customer will be invoiced monthly for the Additional Support at the applicable Time and Material rates. 5.TRAVEL EXPENSES Customer approved travel and living expenses associated with providing Support, Upgrades or Additional Support (“Travel Expenses”) will be invoiced separately on a monthly basis as travel expenses are incurred. 6.CUSTOMER RESPONSIBILITIES Customer shall: 6.1 Identify three (3) authorized contact personnel, including a primary contact, for the purposes of receiving services under this Exhibit (see Schedule 1). Customer may change these authorized contacts by providing Vendor written notice of the change. Vendor will direct all official communications to the primary contact. 6.2 Provide Vendor reasonable access to the Software to perform Support including remote access (via Internet, VPN, etc.) to perform remote Support. 6.3 Commit resources in a timely manner that are knowledgeable with the Software and related third party products (including databases, operating systems, networks, computers, and other equipment) to assist Vendor while providing services hereunder. 6.4 Be responsible for installation, testing and deployment of New Version, New Releases and Maintenance Patches in Customer’s development, test and production environments. 6.5 Be responsible for charges incurred for communication facilities at the Customer's facilities, whether incurred by the Customer or by Vendor representatives while performing services. 6.6 Be responsible for regular administration and maintenance of the Software, by a System Administrator trained in the operating system, database administration, and third party tools and applications purchased by Customer. 6.7 Perform all back-ups and ensure their accuracy. 6.8 Maintain up-to-date support contracts for all third party applications and hardware related to the Software. 7.SUPPORT LIMITATIONS 7.1 Vendor’s obligations under this Exhibit apply to the Customer only. Vendor has no obligation to provide any Support or other services to Customer’s customers, agents or vendors. 7.2 Customer acknowledges that Vendor does not provide help desk or similar services to Customer’s end users. 7.3 This Exhibit does not obligate Vendor to provide on- site services, except to the extent that Vendor believes on-site Support is necessary for it to fulfill its obligations hereunder. 7.4 Support and Upgrades are contingent upon the use of unmodified Software, unless modifications were approved by Vendor, operated in accordance with Vendor’s documentation. Support specifically excludes the following: (1) Support to a version of the Software other than the current or immediate prior release; (2) efforts to restore a release of the Software beyond the current or immediate prior release; (3) efforts to restore Customer’s data. 7.5 Support for third party products is not included under this Exhibit. 7.6 Any Upgrades to third party products are provided by the applicable third party licensor. 7.7 Unless purchased as Additional Support, Vendor is not responsible for the installation and testing of New Versions, New Releases, or Maintenance Patches. 7.8 Customer may reinstate lapsed Support (within 12 months), provided Vendor continues to Support the applicable Software, by paying 125% of all Support fees then in arrears. Customer may exercise its right to reinstate lapsed Support no more than once without the written agreement of Vendor. Schedule 1 Authorized Customer Contact Information Primary Contact Person Name: Title: Phone Number:Pager or Cell Number: E-mail address: Auxiliary Contact Person Name: Title: Phone Number:Pager or Cell Number: E-mail address: Auxiliary Contact Person Name: Title: Phone Number:Pager or Cell Number: E-mail address: Schedule 2 Vendor Published Holidays New Year’s Day President’s Day Memorial Day Independence Day Labor Day Thanksgiving, and the day after Christmas Eve and Christmas Day EXHIBIT C GeoWorx®Software License Fees Term: October 1, 2018 to September 30, 2021 (3-Year Term) ITEM ANNUAL FEE 3 YEAR FEE GeoWorx Suite 3-Year ELA Includes technical support and software updates/fix packs. $120,000.00 $360,000.00 Total Software License Fee $120,000.00 $360,000.00 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4608 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: City Auditor Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Appoint Michael MacDonald to the Audit Committee as the city staff representative for an unexpired term ending June 30, 2020, pursuant to Section 218.391 Florida Statutes. (consent) SUMMARY: Per Council Policy adopted December 3, 2009, the Council appoints a five -member Audit Committee comprising of three city staff members, a Councilmember, and a citizen representative primarily responsible for soliciting external audit proposals via a competitive Request for Proposals (RFP) process every five years and for managing the City ’s annual external audit process as appropriate. The Audit Committee may, however, serve other audit oversight purposes as determined by the entity’s governing board. On June 18, 2015, the Council appointed five members to the Audit Committee: Martin Moran, Fire; Mary Beth Setter, Finance; Robin Gomez, City Audit; Herb McLachlan, citizen representative; and Bill Jonson, Councilmember. In February 2016, Yvonne Taylor, City Auditor, filled the position held by Robin Gomez, former City Auditor, subsequent to his resignation. Martin Moran served as a city staff member representative on the Audit Committee until his departure in March 2018 due to resignation. Councilmember Bill Jonson served as the City Council representative on the Audit Committee until his departure in April 2018 due to council term limits. Appointment of the presented city staff member will complete the required five-member Audit Committee. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4672 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk J. Kokolakis Contracting of Tarpon Springs, Fl, in the amount of $621,067 for construction of Clearwater Harbor Marina Wave Attenuator Project (18-0001-MA); Supplemental Work Order 1 to Engineer of Record (EOR) Erickson Consulting Engineers, Inc. in the amount of $28,800 for Construction Engineering Services (CEI); and authorize appropriate officials to execute same. (consent) SUMMARY: August 4, 2016, City Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpon Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. On September 10-11, 2017, during the passing of Hurricane Irma, the Clearwater Harbor Marina’s north facing wave attenuator sustained severe damage beyond repair. Based on the Failure Assessment & Recommendations Report (April 2018) by EOR Erickson Consulting Engineers, this contract will provide for the installation of the replacement system. J. Kokolakis Contracting was selected to coordinate with EOR Erickson Consulting Engineers and the Marine & Aviation Department to have this wave attenuator system installed as soon a possible, as the 2018 Hurricane Season as already begun. Replacement options included fabricating an attenuator system to the design specifications of the original project or improve on the design with a system to better withstand future storms. The system proposed was designed using the most recent wind and wave data and dock system technologies that were not available when the marina was designed in 2009 and constructed in 2010. January 5, 2018, City Manager approved the initial work order to EOR Erickson Consulting Engineers for fail assessment and recommendations of Clearwater Harbor Marina Wave Attenuator Project (18-0001-MA) in the amount $85,800 Supplemental 1 provides additional funding for CEI, such as construction management and inspection, during construction for a total work order value of $114,600. Page 1 City of Clearwater Printed on 6/19/2018 File Number: ID#18-4672 APPROPRIATION CODE AND AMOUNT: 1817525-563800-98610 $621,067 1817525-561300-98610 $28,800 Funds are available in Special Program Project 98610, Hurricane Irma , to fund the construction contract and supplemental work order. Page 2 City of Clearwater Printed on 6/19/2018 RK ORDER INITIATION FORM 1 of 7 Revised: 1/2/2018 Erickson Consulting Engineers, Inc. SUPPLEMENTAL WORK ORDER #1 INITIATION FORM for the CITY OF CLEARWATER Date: June 1, 2018 Consultant Project Number: 17-344 City Project Number: 18-0001-MA City Plan Set Number: 1. PROJECT TITLE: Clearwater Harbor Marina Floating Concrete Docks and Wave Attenuators. 2. SCOPE OF SERVICES: ENGINEER is currently under contract (PO ST114701) to provide design and construction phase services for the City of Clearwater Harbor Marina’s floating dock wave attenuator system where the north facing 100 ft segment failed during Hurricane Irma’s passing near the marina and the south facing segment sustained damage during this storm and the frequent occurrence of southerly wind-wave exposure. The supplemental services described here are additional and identified as necessary following the completion of Tasks 1-5 from the original work order. Based on the findings of the failure assessment and the site investigations conducted therein, onsite work by the Contractor will not be a single discrete event to remove and replace the attenuator. Instead the following phases of construction are required: • Pre-Construction Site Investigations & Submittals – prior to issuance of final construction documents additional physical and geotechnical site investigations and examination of utilities and related easements are required to document existing conditions. • Construction Phase 1: Removal of Existing Damaged Attenuator and Piles – the existing damaged attenuator is wedged on top of the corner of the adjacent floating dock. Removal of the attenuator to assess the severity of damage to the floating dock and method and requirements of repair, or replacement, is urgent. In addition, extraction and examination of the existing failed piles will provide valuable design information for the replacement attenuator. • Construction Phase 2: Wave Attenuator (with Piles) Installation – mobilization and execution of works to install the new wave attenuator and piles. The additional services required for these phases are described in more detail below. I. FINAL DESIGN PHASE RK ORDER INITIATION FORM 2 of 7 Revised: 1/2/2018 Task 7A. Pre-Construction Site Investigations & Submittals The following services will be provided. • Engineer will develop a scope of work for a bathymetric and topographic survey to document the post-storm, existing conditions and dock structures locations in the vicinity of the north and south wave attenuators. Engineer will coordinate with the City’s surveyor to facilitate execution of the survey and delivery of documents. • Engineer will develop a scope of work for geotechnical core borings to document the sub- strata for pile design to 30 ft below grade. Engineer will coordinate with the City’s geotechnical consultant to facilitate execution of the borings and delivery of documents. Engineer will be present during the execution of the borings to make observations and document findings. • Engineer will coordinate with the City for siting of the geotechnical borings and wave attenuator piles so as to avoid existing utilities (e.g. RCW and other directionally drilled utilities) in the vicinity. II. CONTRUCTION DOCUMENTS PHASE Task 8A. CM @ Risk Contracting Engineer will assist the City in the development and facilitation of a work order to a CM at Risk firm for the wave attenuator removal and replacement. Specifically, Engineer’s scope includes: • Prepare scope of work for CM at Risk work order • Coordinate CM at Risk Firm, Suppliers and Contractors (meetings, scoping, etc) to facilitate contract execution • Prepare supplementation conditions to the CM at Risk Contract for marine-based works • Prepare payment terms for the CM at Risk Firm • Review/assess and make recommendations on CM at Risk and Sub-Consultant Insurance requirements for marine-based work • Identify pre-construction submittals requirements and timeline • Prepare project/site specific general specifications to supplement the CM at Risk Contract I. CONSTRUCTION PHASE Task 9A Pre-Construction Submittals Review (Additional Services) The Structural Engineer (Sub-Consultant) shall provide the following additional services during the pre-construction submittals phase: • Review contractor means and methods including site visit to on-going project by same contractor to review pile installation procedures and equipment. • Review splice/weld criteria, steel and coating specifications, and related pre-construction submittals and shop drawings related to the piles, etc. Task 9G Structural Inspections RK ORDER INITIATION FORM 3 of 7 Revised: 1/2/2018 The Structural Engineer (Sub-Consultant) shall provide the following additional services during the construction phase: • Review condition of damaged piles and attenuator after removal and incorporate findings into final pile design for replacement attenuator. • Review condition of adjacent floating docks to determine if repair or replacement is required and render preliminary recommendations. • Conduct site visit(s) to monitor steel pile installation. Provide consultation as required. Task 13. Construction Management Services Engineer will assign a senior coastal engineer to serve as the Site Representative for this project to perform a daily site observations and contract administration (assumed an average of 4-6 hours/day) when work is occurring onsite. This daily site observation includes the documentation of construction progress, collection of site photographs, review of production logs prepared by the contractor, respond to contractor questions, and prepare daily observation reports to protect in the event of a claim, track contractor delays, notify City and State regulatory agencies as appropriate in accordance with issued permit authorizations. In addition, the Site Representative shall additionally liaison with the Structural Engineer daily during pile installation, coordinate surveys, provide construction data to the contractor, and maintain detailed field logbooks and construction files (notebooks). These observations and documentation are required to ensure that construction is in compliance with construction plans, contract documents, and permit authorizations granted for the work. The work duration is assumed to be 2 days for Phase 1 and 14 days for Phase 2 construction. 3. PROJECT GOALS: Deliverables will include: • Electronic (PDF) copies of all submittals via email. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Erickson Consulting Engineers, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for an amended fee not to exceed One- Hundred Fourteen Thousand Six Hundred Dollars ($114,600.00). As the regulatory approvals are expected to qualify for an exemption, the scope does not include the remittance of any permit fees by the consultant. If permit application fees are required they may be paid by the consultant using the contingency allowance. 5. SCHEDULE: The project is to be completed 210 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: RK ORDER INITIATION FORM 4 of 7 Revised: 1/2/2018 Failure Assessment & Design Recommendation Report 45 calendar days Permitting / Final Construction Documents / 45 calendar days Construction & Contracting Recommendations Construction Phase 90 calendar days Post-Construction Report & Certifications 30 calendar days The permitting schedule is dictated based upon a de-minimis exemption, or if a permit modification is required a 90-day time clock for agency review will extend the time. The final schedule for the construction phase will be dictated and refined based upon the recommended project and Construction Contractor’s permitted contract time. 6. STAFF ASSIGNMENT (Consultant): Karyn Erickson, MS, PE, DCE – Principal Engineer / Engineer-of-Record Christin Perkinson, PhD, PE, DCE – Senior Project Manager Leaf Erickson, PhD, EI – Senior Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Christin Perkinson, Senior Project Manager All City project correspondence shall be directed to: Ed Chesney, PE, Marine and Aviation Director, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Marine & Aviation Department Attn. Louis Christou, Senior Accountant 25 Causeway Blvd. Clearwater, Florida 33767 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code 1817525-561300-98610 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A narrative summary of activities completed in the time period RK ORDER INITIATION FORM 5 of 7 Revised: 1/2/2018 D. Contract billing method is Lump Sum (All Tasks except Task 6) and Cost Times Multiplier (Task 6) E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Karyn M. Erickson, PE, DCE Edward Chesney, P.E. President Marine & Aviation Director Erickson Consulting Engineers, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment “A” RK ORDER INITIATION FORM 6 of 7 Revised: 1/2/2018 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment B RK ORDER INITIATION FORM 7 of 7 Revised: 1/2/2018 CLEARWATE R HARBOR MARINA CONCRETE DOCKS & WAVE ATTENUATORS Erickson Consulting Engineers, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total Final Design 7A Pre-Construction Investigations $5,500 $5,500 Contracting 8A CM @ Risk Contracting $7,200 $7,200 Construction Phase 9.0 Engineer of Record Services in the Construction Phase 9A Review Pre-Construction Submittals and Drawings (Structural) $800 $800 9G Structural Inspections During Construction $3,000 $3,000 13.0 Construction Management Services $12,300 $12,300 Subtotal, Labor and Subcontractors – Supplemental Work Order #1 $28,800 Initial Work Order $85,800 Grand Total $114,600 City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price June 8, 2018 O:\Bids 2018-2019\E128 City Clwr Wave Dock\Submit\Preconstruction\E128 Clearwater Wave Dock Cover.docx Page 1 of 1 June 15, 2018 City of Clearwater Mr. Ed Chesney, P.E. 25 Causeway Blvd. Clearwater Florida, 33767 RE: Wave Attenuator Replacement GMP Dear Mr. Chesney, Thank you for the opportunity to provide Construction Management Services for the Wave Attenuator (100ft) replacement at Clearwater Marina. Due to the urgent nature of this project, all pricing is based on meetings with Erickson Consulting Engineers, City of Clearwater, Marinetek (wave attenuator fabricator), and Speeler (pile & dock installer). All clarifications, assumptions and pricing are attached. OVERVIEW On September 10-11, 2018, during the passing of Hurricane Irma, the Harbor Marina’s north facing wave attenuator sustained severe damage. Due to the exposure of the north facing “Fishing Pier” wave attenuator to the direction of maximum sustained winds during the passing of this storm, this 100 ft attenuator experienced exposure to the highest wave regime. Post Hurricane Irma storm damage videos, photographs and damage assessments that were prepared after Irma, showed large cracks in the north 100 ft wave attenuator concrete docks and interior floats/foam panels and significant damage to the four (4) 24-inch square concrete piles. The four piles that support the attenuators were found out of plumb by approximately 10+ degrees towards the south, and potentially cracked at the sediment/rock interface. It appears combined load forces may have caused the pile to shear or a lateral displacement occurred. Due to the failed conditions of the piles and the Shore Master wave attenuator, it is not feasible to repair or remediate the existing structural components. PROJECT SUMMARY The following is a Summary of the Scope included in this Estimate. • Dispose of existing 100ft wave attenuator. • Remove three (3) existing concrete piles. • Install new 24” steel piles (50ft) • Install new “Marinetek” wave attenuators (100ft) If you have any question or require additional information, please do not hesitate to contact us. We appreciate the opportunity and look forward to a successful project. Sincerely, Roderick C. Voigt Executive Vice President Encl: Clarifications and Assumptions, GMP Division Summary, Marinetek Proposal, Speeler Proposal City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price 6/15/18 Clarifications and Assumptions Preface The proposal incorporates a number of assumptions regarding the project that further explains the scope, program, or quality of construction. The following are a summary of these assumptions. These assumptions and clarifications take precedence over all contract documents. General Clarifications This proposal is based on the Scope of services provided by Erickson Consulting Engineers, Inc. and complementary subcontractor pricing proposals. 1. The cost for Builder’s Risk Insurance and related deductibles for any and all perils, are not included in the contract price. Owner shall purchase and maintain the Builder’s Risk Insurance Policy including assuming responsibility for all deductibles throughout the life of the project and will comply with State Procurement Regulations for Owner Purchases. Kokolakis Contracting, Inc. shall be listed as an additional insured on the Builder’s Risk Policy and a copy of the policy will be made available on request. If Owner elects not to procure Builder’s Risk Insurance for the project, then the Owner will act as the insurer for the protection of both the Owner and Kokolakis Contracting, Inc. and its subcontractors and suppliers. 2. Due to the time sensitive nature of this project, this project will not be subject to the Sales Tax Savings Program. 3. All Permit and Impact Fee costs of any kind are not included as they are to be paid directly by Owner. 4. All warranties commence on the date of project substantial completion or beneficial use. 5. The costs contained within the Proposal, unless specifically noted otherwise, are based upon manufacturer’s standard listings of colors, finishes, features, etc. 6. The costs for temporary power and water use are not included as they will be furnished by the Owner free of charge to the contractor. 7. The costs for Asbestos Surveys, Hazardous Material Surveys or Lead Testing are not included. Lead testing and removal requirements are listed on http://www.epa.gov/lead/. 8. The demolition, abatement, removal or disposal of any contaminated, hazardous materials including but not limited to asbestos, lead, toxic saturated materials as well as any other unforeseen subsurface conditions such as sink holes, radon gas, unsuitable soils and abandoned utilities are not included. Hazardous materials surveys or engineering are excluded as well. 9. Payment and Performance Bonds are excluded. 10. Liquidated Damages are excluded. 11. Work hours in accordance with City of Clearwater ordinances and as negotiated with Owner. City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price 6/15/18 12. Unit rates and percentages listed within the contract are agreed to as Lump Sums and are therefore not auditable. 13. Period of performance on site is approximately 30 days. Scope Clarifications 1. Owner will directly handle all pre-construction surveys and as-built Surveys. 2. Owner shall be responsible for the Geo-technical borings and reports. 3. The existing dock (100lf) and piles (3ea) shall be demolished and removed from site. 4. Piles shall be 24” diameter steel (4ea) with a production length of 50 feet. Driving depth shall be determined after the geotechnical information is received and Engineer review. 5. Piles shall be epoxy coated without plastic sleeves. 6. New Wave Attenuators shall be designed and fabricated in accordance with Engineer’s specifications. 7. Excludes repair of existing dock and any new rails on the existing dock. 8. Excludes pile load testing and post-installation survey. 9. Excludes hazardous waste removal. 10. Includes pile and dock installation scope per attached Speeler Quote dated 6/15/18. 11. Includes wave attenuator scope per Marinetek pricing dated 6/7/18. Allowance (included in GMP) 1. Dock Lighting and Markers $3,500 2. Plumbing and Hose Bibs $2,500 3. Pile and Dock Installation $250,000 End of Section Project:Clearwater Wave Attenuator Replacement Location:Clearwater Harbor Marina Months Est. Date: Friday, June 15, 2018 Months GMP SF Div. Description Total Division 1 General Requirements (Supervision, Management, Pre-Con)$30,675 Division 2 Existing Conditions - (Demo and Install Piles/Attenuators)$250,000 Division 3 Concrete $0 Division 4 Masonry $0 Division 5 Metals $0 Division 6 Wood, Plastics, and Composites $0 Division 7 Thermal and Moisture Protection $0 Division 8 Openings $0 Division 9 Finishes $0 Division 10 Specialties $0 Division 11 Equipment $0 Division 13 Special Construction (Wave Attenuator Material) $232,693 Division 15 Plumbing ( Hose Bibs)$2,500 Division 16 Electrical (Lighting & Markers)$3,500 Total Cost of Work $519,368 Owner Contingency $50,000 Builders Risk By Owner Insurance $5,694 CM Fee $46,005 T O T A L $621,067 MARINETEK NORTH AMERICA INC 222 14th Avenue S TEL. (877) 909-3625 St-Petersburg, Florida 33701 FAX (561) 832-8768 WEB www.marinetek.net EMAIL info@marinetek.us CLEARWATER HARBOR MARINA FLOATING CONCRETE WAVE ATTENUATING DOCKS CLEARWATER, FL Subject : PROPOSAL FOR NEW CONCRETE FLOATING WAVE ATTENUATING DOCKS Project No : 0517 Date : June 7, 2018 – Revision 2 (valid for 60 days) PROPOSAL CLEARWATER HARBOR MARINA, FLOATING CONCRETE WAVE ATTENUATORS, FL MARINETEK NORTH AMERICA INC 222 14th Avenue S TEL. (877) 909-3625 St-Petersburg, Florida 33701 FAX (561) 832-8768 WEB www.marinetek.net EMAIL info@marinetek.us 2 1. REFERENCE Referring to specifications and drawings provided by Erickson Consulting Engineers. 2. SPECIFICATION – FLOATING CONCRETE WAVE ATTENUATING DOCKS 2.1. FLOATING CONCRETE WAVE ATTENUATING DOCKS, MODEL 4300K Structure : Steel reinforced concrete 6000 psi Freeboard : 24” nominal (+/- 2”) Draft : 48” nominal (+/- 2”) including keels Width : 13’ concrete width – 14’ nominal including fender on both sides Fenders : Composite, 4” x 6” Anchoring : Internal Pile Guides, 24” stainless steel (316L) with HDPE wear-pads Cleats : Cast aluminum, 5-ton Utilities : Precast PVC sleeves with pull boxes 3. DETAILED SCOPE OF WORK This proposal includes complete design, production and delivery of all the components required for the new concrete floating wave attenuator system in accordance with Marinetek's standard pontoon systems. Completed dock sections will be shipped by flat-bed truck to project launch site. Unloading, launching and installation not included. 4. LIST OF MATERIAL Main dock : 14’ wide x 100’ long (2-50’ units) Pile Guides : 4 units, internal, stainless steel Cleats : 9 units, 16” Transition Plate : 6’ wide x 4’ long, arched with HDPE pad PROPOSAL CLEARWATER HARBOR MARINA, FLOATING CONCRETE WAVE ATTENUATORS, FL MARINETEK NORTH AMERICA INC 222 14th Avenue S TEL. (877) 909-3625 St-Petersburg, Florida 33701 FAX (561) 832-8768 WEB www.marinetek.net EMAIL info@marinetek.us 3 5. PRICE DESCRIPTION  Design and supply of material  MARINETEK Standard Warranty – 2 years  FOB Clearwater, FL  Taxes or other fees not included, if any  Unloading, launching and pile work not included  Assembly and connections by Marinetek included Floating Concrete Breakwater System with transition plate $ 196,000.00 Aluminum railing with opening gate around dock perimeter ($95/LF) $ 21,470.00 SUB-TOTAL $ 217,470.00 7% Sales Tax $15,222.90 TOTAL $ 232,692.90 Page 1 of 5 \\ QUOTATION/AGREEMENT Quotation/Agreement made this 15 June 2018 Between the Contractor/Owner: Kokolakis Contracting Roderick Voigt And the Subcontractor: Speeler & Associates, Inc. 8770 Somerset Drive Largo, FL 33773 For the Project Known as: Clearwater harbor Wave Attenuator This Quotation/Agreement, for the pile foundation as defined in the attached “Attachment A, Scope of Work” for the project known above , agrees to the following. CONTRACT AMOUNT: $ 250,000.00 CONTRACT DOCUMENTS: In addition to this Quotation/Agreement, the following documents are incorporated by attachment and or reference: Drawings prepared by: Geotechnical investigation by: By signing this Quotation/Agreement, I have read and fully understand the work as outlined, and authorize Speeler & Associates, Inc. to proceed with the work. I have read the terms and conditions and understand them. I agree to make payment as outlined in the payment section. By:_______________________________ Speeler & Associates, Inc. Print Name:________________________ Jeffery J. Nasse Title:____________ Date:_____________ President Page 2 of 5 ATTACHMENT "A" - Scope of Work THIS BID INCLUDES: Est. Days 1 Bond 2 One Mobilization and access by others for all of our equipment. 1 3 Supply __4___EA __24” .50 wall 50’ _____long steel piles in accordance with the Contractor/Owner provided drawings. Pile lengths are based on the elevation of the ground at the time that the soil analysis was done. 4 Install the piles by driving to required bearing or ultimate refusal. (Whichever is reached first) 5 Predrill piles to aid in vibration in neighboring properties. 6 Cut off piles to +/- 1’ of existing grade. Cut-offs will be stacked at an approved location adjacent to work area. 7 This is a lump sum contract. Any Piling added or deleted will be negotiated between parties and necessitate a change order. 8 Working 8 hours per day 5 days a week. Speeler may choose to work additional hours per week; however, if increased hours per week are required by others in order to expedite schedule additional rates will apply. 9 This quotation expires in 30 days unless a written contract has been received by Speeler & Associates, Inc. 10 Removal of existing floating dock and piles and disposal of material. Unloading and floating into place new wave attenuator dock supplied by Marinetek to allow for installation of piles. THIS BID EXCLUDES: 1 Permits. 2 N/A 3 Excavation, dewatering, elevations, engineering, monitoring will be performed by others. 4 Any technician or third party laboratory will be provided by others. 5 Surveying, this includes the setting and maintaining of piling centerline stakes for each pile. 6 Cutting of piles to final grade or removal of cut offs. 7 PDA or Static load testing. 8 Construction of grade beams or caps. 9 Excavation or removal of obstructions within the limits of the pile installation. 10 Upon completion of pile driving, Speeler is not liable for any safety measures. 11 Locate, repair or relocation of utilities. 12 Any erosion control measures. All erosion control for storm water runoff, gravel tire cleaning pads at ingress/egress to be provided by others. 13 Final clean-up and grade restoration. INITIALS Page 3 of 5 TERMS AND CONDITIONS GENERAL: The Term “Contractor/Owner” refers to the person, company, or individual to which this quotation/agreement is addressed. The Term “Subcontractor” refers to Speeler & Associates, Inc. The terms and conditions of this quotation/agreement will be made part of any future issued contracts in its entirety. Any resulting contract will not include any other documents or agreements not specifically provide d to us and referenced herein. Should there be any conflicts between this quotation/agreement and the contract, the terms and conditions of this quotation/agreement shall govern. THE WORK: The term “the Work” means the furnishing of all labor, material, equipment, supervision and incidentals necessary to complete the attached “Scope of Work” in accordance with the known conditions at the time of bid and Contractor/Owner provided documents and as more specifically defined in the attached “Scope of Work”. SITE INVESTIGATION: Subject to site inspection. ASSUMPTIONS The Subcontractor will be provided clear access to the work site for equipment and vehicles without the use of supporting materials and ramps provided by Subcontractor. The Subcontractor will be provided protection from utility lines either above or below ground, including but not limited to: electric, water, gas, telephone and sewer. Removal if necessary will be the responsibility of the Contractor/Owner. Overhead and underground electrical sources of power that might tend to endanger lives or equipment will be cut off and or removed prior to scheduled pile driving operations. Our equipment requires the OSHA minimum clearance from all power lines. All other overhead obstructions which may interfere with operations will be removed by others. Our price is based on the soils in the area of the pile installations are free of rocks, broken piling, boulders, roots, logs, pipes, drains, old slabs or footers, old pools, septic tanks and other substratum that would hamper our ability to set the piling to the des ign depth. If any unforeseen conditions in the soils are discovered, it will be the responsibility of the Contractor/Owner. Encounter of these objects may cause the pile to drift from plan location; if this occurs the pile will be completed and paid for. If additional piles are required because of this condition, this will necessitate a change order. Removal of objects will be the responsibility of the Contractor/Owner. Additionally, both parties agree that due to the unknown nature and size of the obstructions, changes in design and construction methodology may result in changes in pricing and schedule. SCHEDULE: The Work shall start as allowed by Contractor/Owner provided permits and as mutually agreed by the parties and progress at a pace as mutually agreed by the parties. The Subcontractor will not accept penalties or charges for liquidated, actual, or consequential damages due to late completion without prior agreement that provides an equivalent bonus for early completion. PAYMENT TERMS: The Contractor/Owner shall pay the Subcontractor the full invoiced amount within 15 calendar days of receipt of the Subcontractor’s invoice by the Contractor/Owner. Should any Contractor/Owner’s payment to the Subcontractor be delayed beyond the 15-calendar day period, the Contractor/Owner shall increase the payment to the Subcontractor by an amount equal to 18% per annum. Should any Contractor/Owners payment to the Subcontractor be delayed by 30 calendar days or more, the Subcontractor at its sole discretion may stop all work and the Contractor/Owner shall then pay for the Subcontractors cost for labor and equipment plus the Subcontractors overhead and profit during the stop-work period in addition to the unpaid balance of invoices until all invoices are paid. LIENS: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LEIN. IF YOU’RE CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID THE CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LEIN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS OR OTHER SERVICES THAT YOU’RE CONTRACTOR OR SUBCONTRACTOR MAY HAVE FIALED TO PAY. TO PROTECT YOUSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LEIN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND A FILING CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 1940 NORTH MONROE ST SUITE 42 TALLAHASSEE, FL 32388-2202 PHONE: 850-487-1395 The Subcontractor will adhere to Florida statutes as it relates to Construction Lien Laws which include “Notice of Intent to File Lien”. The Subcontractor will deliver the completed project to the Contractor/Owner free of liens as long as the Contractor/Owner pays the Subcontractor in accordance with this agreement. DELAYS: Should delays to progress be caused by the Contractor/Owner or any entity other than the Subcontractor under the employ or direction by the Contractor/Owner and or any government entity, the Subcontractor shall be paid for all costs incurred plus overhead and profit Page 4 of 5 of 25% for each calendar day of the delay including the period when the Subcontractor restarts the project and continuing until the Subcontractor reaches the full production rate experienced prior to the delay. Additionally, the Subcontractor shall receive an extension of time equal to the period of delay and restart until reaching full production. Should delays occur due to unforeseen or differing condition, the Subcontractor shall notify the Contractor/Owner promptly via email, written letter or fax? CHANGES IN THE WORK: Should the Contractor/Owner require changes in the Scope of Work, the Contractor/Owner shall provide written instructions and details to the Subcontractor so the Subcontractor may provide the Contractor/Owner with Change Order pricing for Contractor/Owner approval. Unless agreed in writing by both parties, the Changed Work shall not proceed until a Change Order is executed by both parties. INSURANCE: The Subcontractor shall provide insurance continuously for the construction period. The Subcontractor shall provide and maintain its standard insurance coverage for the duration of the Work. The Contractor/Owner shall provide “Builders Risk” insurance naming the Subcontractor as “Additionally Insured” for the duration of the work and in the event of a claim by the Subcontractor against the Contractor/Owner provided “Builders Risk” policy; the Subcontractor shall be limited to paying the deductible for the Subcontractors share of the claim. INDEMNITY: EACH PARTY SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER FOR ITS SOLE OR ITS PORTION OF ACTIONS, INACTIONS AND NEGLIGENCE AND IN NO CASE SHALL EITHER PARTY BE REQUIRED TO INDEMNIFY THE OTHER FOR ACTIONS, INACTIONS OR NEGLIGENCE IT IS NOT RESPONSIBLE. ADDITIONALLY, CONTRACTORS INDEMINTY, DEFENSE AND HOLD HARMLESS OBLIGATIONS ARE LIMITED TO THE CONTRACTORS STANDARD INSURANCE COVERAGE. FURTHERMORE, SINCE CONTRACTOR HAS NO CONTRACTURAL RELATIONSHIP WITH OTHER ENTITIES ON SITE, THE OWNER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CONTRACTOR FOR ACTIONS, INACTIONS AND OR NEGLIGENCE OF OTHER ENTITIES ON SITE. SUBCONTRACTOR TO BE HELD HARMLESS FOR CLAIMS OF NOISE, VIBRATION DAMAGE, POLLUTION, OIL FALLOUT, ETC. ASSIGNMENT: Neither party shall assign this agreement or monies due or to become due to another without prior consent from the other p arty. Neither party, its successors and or assigns shall be relieved of its duty to perform under this Agreement without the written consent of the other party. CLEAN UP: Subcontractor agrees to regularly clean debris from its work area unless more specif ically defined in the attached Scope of Work. QUALITY AND WARRANTY: The Subcontractor shall install the Contractor/Owner designed systems in a manner and to a standard normally adhered to in the local industry and per the standards defined in the Contractor/Owner provided Contract Documents. Unless specifically defined in this agreement, no additional level of quality is required. Warranty shall be limited to one (1) year following the acceptance of use of the Work by the Contractor/Owner or other Owner related entity. SUBMITTALS: The Subcontractor will submit to the Contractor/Owners Engineer if requested, all materials permanently installed into the project for approval prior to installation. The Contractor/Owners Engineer shall either approve or disapprove each submittal within 5 working days of submission. PROTECTION OF THE WORK: The Subcontractor shall protect the Work until Subcontractors work is completed, final acceptance by the Contractor/Owner or use by the Contractor/Owner or use by an entity related to the Contractor/Owner. DEFAULT: Should The Subcontractor at any time: 1. Abandon the work (except for reasons of non-payment); 2. Fail to supply the labor, materials, equipment, supervision and other things required of it in sufficient quantities and of required quality to perform the work with the skill, conformity promptness and diligence required hereunder; 3. When paid in accordance with this Agreement, fail to properly and promptly make payment for all materials and services provided in the performance of the Work; 4. Fail to remove any lien or lien claim against the project by any subcontractor, materialman, or laborer when Contractor/Owner has made payment in accordance with this agreement; 5. Otherwise is guilty of substantial breach of this Subcontract or the Contract Documents. Then Contractor/Owner shall provide written notice of default to the Subcontractor, and the Subcontractor shall then within 48 hours of receipt of notice from Contractor/Owner provide the Contractor/Owner with a method of cure. Should the Subcontractor fail to adhere to the method of cure, the Contractor/Owner may exercise any of the following remedies: 1. Require the Subcontractor to utilize, at its own expense, overtime labor and or additional shifts as necessary to overcome delays; 2. After an additional seven (7) calendar days, terminate the Agreement with the Subcontractor and employ other contractor(s) to complete the scope of work and demand that the Subcontractor remove all labor, equipment, tolls, appliances and devices from the site. 3. After an additional seven (7) calendar days, supplement the Subcontractor with other sources to perform a portion of the Subcontractors scope Should Contractor/Owner at any time: 1. Abandon the project; 2. Fail to make payment(s) in accordance with this Agreement; Page 5 of 5 3. Fail to provide permits 4. Fail to comply with applicable laws and fail to remedy such nonperformance in a timely manner as to not delay the Subcontractors performance 5. Become insolvent or adjudged bankrupt, make a general assignment for the benefit of creditors, has a trustee or receiver appointed for its property, or file a petition to take advantage of any debtor’s act; 6. Delay in issuing Change Orders to the Subcontractor 7. Or otherwise is guilty of substantial breach of this Agreement or the Contract Documents. The Subcontractor shall provide written notice of default to Contractor/Owner and Owner shall within 48 hours of receipt of notice provide acceptable method of cure to the Subcontractor. Should Contractor/Owner fail to cure within seven (7) calendar days, the Subcontractor may exercise any of the following remedies: 1. Demand Contractor/Owner to employ a mutually agreed expert to assist in the prompt remedy; 2. Terminate the Agreement and recover all costs associated with Work performed and costs associated with work stoppage and collection of any unpaid monies 3. File liens in accordance with Florida Law; 4. Stop work until such time as Contractor/Owner has fully remedied and paid for all stop work costs as defined elsewhere in this agreement; TERMINATION BY CONTRACTOR/OWNER WITHOUT CAUSE BY SUBCONTRACTOR AND TERMINATION FOR CONVENIENCE: Should the Contractor/Owner elect to terminate this Agreement without cause by the Subcontractor or for convenience after this Agreement is executed by both parties, the Subcontractor shall be due monies for all completed and partially completed work performed to date, all administrative, all overhead and anticipated profit, all restocking charges if allowed by seller, and all costs to demobilize crews and equipment including costs until the Subcontractor can employ equipment, workers and supervisors elsewhere in a profitable manner. DISPUTES: Both parties shall endeavor to resolve all disputes without taking legal action. If disputes cannot be resolved without legal action and due to the specialized nature of construction, both parties hereby waive the right to trial by jury and if mutually agreed, both parties may enter into Arbitration employing a mutually agreed arbitrator conforming to the American Arbitrators Association and with experience in deep foundation construction arbitration. In the event a dispute between the Subcontractor and Contractor/Owner arises out of this Agreement, the Work or payment therefore, the prevailing party shall be entitled to recover reasonable costs including attorney’s fees, para legal fees, expert fees, and court costs incurred during litigation, trial and appeal. HAZARDOUS MATERIALS: Should the Subcontractor deliver Hazardous materials to the site in the performance of the Work, the Subcontractor shall maintain the materials in a manner that is safe for the employees of the site as well as the environment and in accordance with Municipal, County, State and federal laws governing such materials. Should the Subcontractor discover hazardous materials while performing the Work, the Subcontractor upon knowledge of the existence shall promptly notify the Contractor/Owner of the discovery and stop all work. The Contractor/Owner shall indemnify, defend and hold the Subcontractor harmless against all costs and actions related to the discovery, investigation, clean-up, handling, etc. The Subcontractor shall not suffer costs related to such hazardous materials. MISCELLANEOUS: During pile installation, the driving hammers can create vibrations, which may induce damaging stresses to nearby structures. For a typical pile installation hammer, the pile driving activity can generate harmful vibrations at distances up to 40 feet from the pile driving activities. The vibrations can induce detrimental settlements to adjacent homes. We recommend that structures within 40 feet be evaluated prior to driving and if necessary monitored during the process. If monitoring is not performed the Subcontractor will not be responsible for any damages to nearby structures. Contractor/Owner and the Subcontractor have both reviewed and negotiated this Agreement. Accordingly, ambiguities in interpretation shall not be resolved against the drafting party. If any term, provision, or portion of this agreement is held by a court of competent jurisdiction to be unreasonable, arbitrary, or against public policy for any reason, the court shall have the authority to modify the invalid portion of this agreement so as to render this Agreement enforceable. Where the text requires, neuter terms used herein shall include the masculine and feminine, and singular terms shall include the plural, and vice versa. Both parties waive their rights and claims to consequential damages arising out of or related to this Agreement including without limitation, damages incurred by either party for principal offices expenses including personnel stationed there, for losses o f financing, business and reputation and loss of profit except as otherwise defined else ware in this Agreement. There shall be no incidental, intended or third-party beneficiaries to this Agreement, and the rights and obligations of the Parties as provided in this Agreement, including, without limitation, the right to enforce this Agreement, shall only inure to the Subcontractor and Contractor/Owner, their successors and authorized assigns. This Agreement and those documents specifically attached or incorporated by reference herein comprise the entire Agreement and supersede all prior negotiations, agreements and understandings. Contractor/Owner and the Subcontractor both agree that failure to require strict adherence to the terms of this Agreement shall in no way restrict or nullify the terms of this Agreement. INITIALS____________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4669 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Andritz Separation of Arlington, TX in the amount of $672,012.00 for three refurbished belt filter presses and a three-year maintenance contract for all dewatering equipment for the Wastewater Reclamation Facilities and authorize the appropriate officials to execute same. (consent) SUMMARY: Andritz is the Original Equipment Manufacturer (OEM) for replacement parts and service used in the Belt Presses and Centrifuges at the Northeast and Marshall Street Water Reclamation Facilities (WRF). Belt Presses and Centrifuges (liquid/solid separation equipment) greatly reduce the volume of biosolids removed from wastewater that must be disposed by land application, thus greatly reducing the cost of biosolids disposal. The City has a Performance Based Contract with Siemens. The Centrifuges must be kept functional to meet compliance regulations of the contract and the Florida Department of Environmental Protection Permits. The belt presses are back up units utilized when the Centrifuge must be removed for annual maintenance and to assist with the solids removal at the facilities The refurbished belt filter presses are being purchased as a sole source due to the benefits of standardization in accordance with Article II, Section 2.564(1)(b), Code of Ordinances. APPROPRIATION CODE AND AMOUNT: 3277327-563600-96664 $576,840.00 4211351-530300 $95,172.00 Sufficient funding is available in the Utility Renewal & Replacement Project 3277327-96664, Wastewater Pollution Control R & R in the amount $576,840.00 and in the Water & Sewer Utility Fund operating cost center of 4211351, Wastewater Environmental Technologies Operations in the amount of $95,172.00. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/19/2018 QUOTATION Customer: 117936 City of Clearwater Clearwater WWTP Marshall St. ENTER 1605 Harbor Drive Clearwater FL 33755 Contact: Fax:+17274626321 Copy to: Your inquiry: Our quote no:20488585 Supplier:Andritz Separation Inc. Contact: Phone: Fax: E-mail: Date: Katelin Cimino +18174191789 +18174191989 katelin.cimino@andritz.com 01/24/2018 Sales Responsible:SLOHODA, GREGORY Page 1 of 5 Ladies and Gentlemen, We thank you for your inquiry and are pleased to quote as follows: 1.Scope of supply See Attachment for Scope of Work 8% discount with service contract agreement Item Product ID No.S/W*Quantity Unit Unit Price Amount 10 RECONDITIONED BELT FILTERPRESS 129999900 1 PC 209,000.00 209,000.00 20 RECONDITIONED BELT FILTERPRESS 129999900 1 PC 209,000.00 209,000.00 30 RECONDITIONED BELT FILTERPRESS 129999900 1 PC 209,000.00 209,000.00 ________________________________________ Items total 627,000.00 Cust. Discount 8.000-%627,000.00 50,160.00- Total Amount USD 576,840.00 * S = Spare Parts, W = Wear Parts Technical contact: Mr Marcial Cervantes, Jr. ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 Our quote no:20488585 Page 2 of 5 Terms and Conditions 2 .Delivery Time: after receipt of order and any clarifications. 3 .Terms of delivery: Our terms of delivery are FCA Destination Prepaid&Allowed, according to INCOTERMS 2010. 4 .Terms of Payment: Within 30 days Due net (1% default interest per month for delayed payment). 5 .Validity of quotation: This quotation is valid to 07/31/2018. Other Terms: 6 .TERMS APPLICABLE This quotation or acknowledgement and Seller's sale of Products and /or provision of Services described in Buyer's purchase order issued in whole or in part in response to this quotation or in response to which this acknowledgement is issued are expressly limited to and expressly made conditional on, Buyer's acceptance of the Terms and Conditions of Sale and/or Service listed below, which are the exclusive terms and conditions upon which Andritz Separation Inc. or the applicable Andritz entity supplying the same ("Seller") will accept a purchase order for the sale of new, used and refurbished products, equipment, parts and/or the provision of services ("Products" and "Services"). These Terms and Conditions of Sale and/or Service control, supersede and replace any and all other additional and/or different terms and conditions of Buyer, and Seller hereby objects to and rejects all such terms and conditions of Buyer without further notification, except to the extent Seller expressly agrees to such conditions in writing. Seller's commencement of work under the Purchase Order or Buyer's acceptance of delivery of or payment for any Products or Services covered by this Agreement, in whole or in part, shall be deemed Buyer's agreement to the foregoing. The term "this Agreement" as used herein means this quotation or acknowledgment or Buyer's purchase order, together with any attachment thereto, any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or incorporated therein by reference), and these Terms and Conditions of Sale and/or Service. 7 .DELIVERY OR PERFORMANCE Delivery or performance dates are good faith estimates and do not mean that "time is of the essence." Buyer's failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in delivery or performance. Installation of any Product shall not be Seller's responsibility unless specifically provided for in this Agreement. Upon and after delivery, risk of loss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be made on the terms agreed to by the parties as set forth in this Agreement, according to INCOTERMS 2010. 8 .WARRANTY (a) Products Warranty. (i) New Equipment Warranty. In the case of the purchase of new equipment the Seller warrants to Buyer that the new equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the new equipment to Buyer and shall expire on the earlier to occur of 12 months from initial operation of the new equipment and 18 months from delivery thereof (the "Warranty Period"). (ii) Parts and Used or Reconditioned Machinery or Equipment Warranty. In the case of parts or used or reconditioned machinery or equipment, and unless otherwise indicated, Seller warrants to Buyer that the parts or the used or reconditioned machinery or equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon delivery of the parts or the used or reconditioned machinery or equipment to the buyer and shall expire 6 months from delivery thereof (the "Warranty Period"). (iii) If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, at its option, either deliver to Buyer, on the same terms as the original delivery was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnished pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion of such repair or replacement, with no further extension. Seller will have no warranty obligations for the Products under this Paragraph 3(a): (i) if the Products have not been stored, installed, operated and maintained in accordance with generally approved industry practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable; or (vi) for expenses incurred for work in connection with the removal of the defective articles and reinstallation following repair or replacement. (b) Services Warranty. Seller warrants to Buyer that the Services performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications. If any failure to meet this warranty appears within 12 months from the date of completion of the Services, on the condition that Seller be promptly notified in writing thereof, Seller as its sole obligation for breach of this warranty will correct the failure by re-performing any defective portion of the Services furnished. Seller does not warrant the accuracy of, or performance results of, any conclusions or recommendations provided, nor that any desired objective will result from the Service provided and Seller shall not be liable for any loss of use or any production losses whatsoever. c) Seller further warrants to Buyer that at delivery, the Products manufactured by it will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of their existence. (d) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (e) The remedies provided in Paragraphs 3(a), 3(b) and 3(c) are Buyer's exclusive remedy for breach of warranty. ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 Our quote no:20488585 Page 3 of 5 (f) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of being so passed on. 9 .LIMITATION OF LIABILITY Notwithstanding any other provision in this Agreement, the following limitations of liability shall apply: (a) In no event, whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies be liable for loss of profits, revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts, claims of customers, cost of money or loss of use of capital, in each case whether or not foreseeable, or for any indirect, special, incidental or consequential damages of any nature resulting from, arising out of or connected with the Products, Services, or this Agreement or from the performance or breach hereof. (b) The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense resulting from, arising out of or connected with the Products, Services or this Agreement or from the performance or breach hereof, together with the cost of performing make good obligations to pass performance tests, if applicable, shall in no event exceed the contract price. (c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract, warranty, tort (including negligence), strict liability, indemnity, or otherwise. The remedies provided in this Agreement are Buyer's exclusive remedies. (d) All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products, Services or this Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date of this Agreement. (e) In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced (unless such discovery or repair is normally discoverable by tests expressly specified in the scope of work under this Agreement) or caused by the use of goods by the Buyer against the advice of Seller. If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. 10 .CHANGES, DELETIONS AND EXTRA WORK Seller will not make changes in the Products unless Buyer and Seller have executed a written Change Order for such change. Buyer, without invalidating this Agreement, may make changes by altering, adding to or deducting from the general scope of the Services by written Change Order. Any such Change Order will include an appropriate adjustment to the contract price and delivery schedule. If the change impairs Seller's ability to satisfy any of its obligations to Buyer, the Change Order will include appropriate modifications to this Agreement. Seller shall be entitled to a Change Order adjusting the contract price, delivery schedule and/or any affected obligations of Seller if after the date of this Agreement a change in applicable law should require a change in the Products or Services or in the event and to the extent that an act or omission of Buyer, or any error or change in Buyer-provided information, affects the Seller's performance hereunder. 11 .TAXES Seller's prices do not include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or use of the Products or Services shall be billed to and paid by Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities. 12 .SECURITY INTEREST Seller shall retain a purchase money security interest and Buyer hereby grants Seller a lien upon and security interest in the Products until all payments hereunder have been made in full. Buyer acknowledges that Seller may file a financing statement or comparable document as required by applicable law and may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Seller's interest in the Products. 13 .SET OFF Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise. 14 .PATENTS Unless the Products or any part thereof are designed to Buyer's specifications and provided the Product or any part thereof is not used in any manner other than as specified or approved by Seller in writing, (i) Seller shall defend against claims made in a suit or proceeding brought against Buyer by an unaffiliated third party that any Product infringes a device claim of a United States or Canadian patent issued as of the effective date of this Agreement and limited to the field of the specific Products provided under this Agreement; provided Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense of such claims; (ii) Seller shall satisfy any judgment (after all appeals) for damages entered against Buyer on such claims so long as such damages are not attributable to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using any Product or a part thereof, then Seller will, at its option: (a) obtain for Buyer the right to continue using such Product or part; (b) eliminate the infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the purchase price that Seller has received for such Product or part. The foregoing states Seller's entire liability for patent infringement by any Product or part thereof. 15 .SOFTWARE LICENSE, WARRANTY, FEES The following Software Terms and Conditions apply to any embedded or separately packaged software produced by Seller and furnished by Seller hereunder: (a) Seller hereby grants to Buyer a non-exclusive, non-transferable, non-sub-licensable license to the Software, and any modifications made by Seller thereto only in connection with configuration of the Products and operating system for which the Software is ordered hereunder, and for the end-use purpose stated in the related Seller operating documentation. Buyer agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, except Buyer may create a single copy for backup or archival purposes in accordance with the related Seller operating documentation (the "Copy"). Buyer's license to use the Software and the Copy of such Software shall terminate upon any breach of this Agreement by Buyer. All copies of the Software, including the Copy, are the property of Seller, and all copies for which the license is terminated shall be returned to Seller with written confirmation after termination. (b) Seller warrants that, on the date of shipment of the Software or the Products containing the Software to Buyer: (1) the Software media contain a true and correct copy of the Software and are free from material defects; (2) Seller has the right to grant the license hereunder; and (3) the Software will function substantially in accordance with the related Seller operating documentation. (c) If within 12 months from the date of delivery of the Software or Products containing the Software, Buyer discovers that the Software is not as warranted above and notifies Seller in writing prior to the end of such 12 month period, and if Seller determines that it cannot or will not correct the nonconformity, Buyer's and Buyer's Seller-authorized transferee's exclusive remedies, at Seller's option, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of a pro rata share of the contract price or license fee paid. (d) If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seller, Seller shall: (i) defend against any claim in a suit or proceeding brought by an unaffiliated third party against Buyer that the Software violates a registered copyright or a confidentiality agreement to which Seller was a party, provided that Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense and settlement of such claims (including the sole authority to select counsel and remove the Software or stop accused infringing usage); (ii) Seller shall satisfy a final judgment (after all appeals) for damages entered against Buyer for such claims, so long as such damages are not attributable to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using the Software, Seller may at its option: (a) obtain for Buyer the right to continue using such Software; (b) eliminate the infringement by replacing or modifying the Software, or (c) take back such Software and refund to Buyer all payments on the purchase price that Seller has received. However, Seller's obligations under this Paragraph shall not apply to the extent that the claim or adverse final judgment relates to: (1) Buyer's running of the Software after being notified to discontinue; (2) non-Seller software, products, data or processes; (3) Buyer's alteration of the Software; (4) Buyer's distribution of the Software to, or its use for the benefit of, any third party; or (5) Buyer's acquisition of confidential information (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a third party who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the confidential information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5. In Seller's discretion and at Seller's own expense, with regard to any actual or perceived infringement claim related to the Software, Seller may: (i) procure the right to use the Software, (ii) replace the Software with a functional equivalent, an/or (iii) modify the Software. Under (ii) and (iii) above, Buyer shall immediately stop use of the allegedly infringing Software. (e) This warranty set forth in subparagraph (c) above shall only apply when: (1) the Software is not modified by anyone other than Seller or its agents authorized in writing; (2) there is no modification in the Products in which the Software is installed by anyone other than Seller or its agents authorized in writing; (3) the Products are in good operating order and installed in a suitable operating environment; (4) the nonconformity is not caused by Buyer or a third party; (5) Buyer promptly notifies Seller in writing, within the period of time set forth in subparagraph (c) above, of the nonconformity; and (6) all fees for the Software due to Seller have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE. (f) Buyer and its successors are limited to the remedies specified in this Paragraph. (g) Any subsequent modifications or enhancements to the Software made by Seller are, at Seller's option, subject to a fee. 16 .SITE RISKS (a) Concealed Conditions. The parties acknowledge and agree that increased costs or schedule extensions due to any concealed conditions at the job site shall be to Buyer's account. Buyer shall hold Seller harmless for increased costs and grant any necessary schedule extensions if any concealed or hazardous conditions are found. (b) Environmental Remediation. Buyer acknowledges that Seller is not an expert in environmental remediation and shall not be directed by change order or otherwise to perform any environmental remediation as part of the Services, including but not limited to asbestos and lead paint removal. If any environmental remediation becomes necessary, Buyer will contract directly with a qualified third party to perform such work. 17 .TERMINATION ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 Our quote no:20488585 Page 4 of 5 (a) Buyer may terminate this Agreement upon breach by Seller of a material obligation hereunder and Seller's failure to cure, or to commence a cure of, such breach within a reasonable period of time (but not less than 30 days) following written receipt of notice of the same from Buyer. (b) Buyer may only terminate this Agreement for Buyer's convenience upon written notice to Seller and upon payment to Seller of Seller's termination charges, which shall be specified to Buyer and shall take into account among other things expenses (direct and indirect) incurred and commitments already made by Seller and an appropriate profit; provided, that in no event shall Seller's termination charges be less than 25% of the contract price. (c) Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment is not received within 30 days of due date. In the event of the bankruptcy or insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding brought by or against Buyer, Seller shall be entitled to terminate any order outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its cancellation charges. 18 .CONFIDENTIALITY Buyer acknowledges that the information that Seller submits to Buyer in connection with this Agreement and the performance hereof includes Seller's confidential and proprietary information, both of a technical and commercial nature. Buyer agrees not to disclose such information to third parties without Seller's prior written consent. Seller grants to Buyer a non- exclusive, royalty-free, perpetual, non-transferrable license to use Seller's confidential and proprietary information for the purpose of the installation, operation, maintenance and repair of the Products that are the subject hereof only. Buyer further agrees not to, and not to permit any third party to, analyze, measure the properties of, or otherwise reverse engineer the Products, fabricate the Products or any parts thereof from Seller's drawings or to use the drawings other than in connection with this Agreement. Buyer will defend and indemnify Seller from any claim, suit or liability based on personal injury (including death) or property damage related to any Product or part thereof which is fabricated by a third party without Seller's prior written consent and from and against related costs, charges and expenses (including attorneys' fees). All copies of Seller's confidential and proprietary information shall remain Seller's property and may be reclaimed by Seller at any time in the event Buyer is in breach of its obligations under this Paragraph. 19 .END USER If Buyer is not the end user of the Products sold hereunder (the "End User"), then Buyer will use its best efforts to obtain the End User's written consent to be bound to Seller by the provisions hereof. If Buyer does not obtain such End User's consent, Buyer shall defend and indemnify Seller and Seller's agents, employees, subcontractors and suppliers from any action, liability, cost, loss, or expense for which Seller would not have been liable or from which Seller would have been indemnified if Buyer had obtained such End User's consent. 20 .FORCE MAJEURE (a) Force Majeure Defined. For the purpose of this Agreement "Force Majeure" will mean all events, whether or not foreseeable, beyond the reasonable control of either party which affect the performance of this Agreement, including, without limitation, acts of God, acts or advisories of governmental or quasi-governmental authorities, laws or regulations, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, insurrections, riots, epidemics, pandemics, outbreaks of infectious disease or other threats to public health, lightning, earthquakes, fires, storms, severe weather, floods, sabotage, delays in transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or loading or unloading facilities, inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub-suppliers, thefts and explosions. (b) Suspension of Obligations. If either Buyer or Seller is unable to carry out its obligations under this Agreement due to Force Majeure, other than the obligation to make payments due hereunder, and the party affected promptly notifies the other of such delay, then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of its obligations, and the delivery schedule will be adjusted to account for the delay. (c) Option to Terminate. If the period of suspension or reduction of operations will extend for more than four (4) consecutive months or periods of suspension or reduction total more than 6 months in any 12 month period, then either Buyer or Seller may terminate this Agreement. (d) Strikes On-Site. Notwithstanding anything herein to the contrary, in the event a strike, lockout, labor, union or other industrial disturbance at Buyer's site affects, delays, disrupts or prevents Seller's performance of this Agreement, Seller shall be entitled to a Change Order containing an appropriate adjustment in the contract price and delivery schedule. 21 .INDEMNIFICATION AND INSURANCE (a) Indemnification. Seller agrees to defend and indemnify Buyer from and against any third-party claim for bodily injury or damage to tangible property ("Loss") arising in connection with the Products or the Services provided by Seller hereunder, but only to the extent such Loss has been caused by the negligence, willful misconduct or other legal fault ("Fault") of Seller. Buyer shall promptly tender the defense of any such third-party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim, provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyer's sole expense. Where such Loss results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity obligation shall be limited to the proportion of the Loss that Seller's Fault bears to the total Fault. (b) Insurance. Seller shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence and in the aggregate covering claims for bodily injury (including death) and physical property damage arising out of the Products or Services. Seller shall also provide workers' compensation insurance or the like as required by the laws of the jurisdiction where the Services will be performed, and owned and non-owned auto liability insurance with limits of $1,000,000 combined single limit. Seller will provide a Certificate of Insurance certifying the existence of such coverages upon request. 22 .GENERAL (a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall not be liable for failure of the Products to comply with any other specifications, standards, laws or regulations. (b) This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consent of the other party shall be void. (c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products, Services and any prior course of dealings or usage of the trade not expressly incorporated herein. (d) This Agreement may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. (e) All terms of this Agreement which by their nature should apply after the cancellation, completion or termination of this Agreement shall survive and remain fully enforceable after any cancellation, completion or termination hereof. (f) (i) If Seller's office is located in the United States, this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Georgia.(ii) If Seller's office is located in Canada, this Agreement and the performance hereof will be governed by and construed according to the laws of the Province of New Brunswick.. (g) (i) In the circumstances of f(i) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled by arbitration, to the exclusion of courts of law, administered by the American Arbitration Association ("AAA") in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed and to which the parties declare they will adhere (the "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Atlanta, Georgia by a panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement of the two party appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the AAA in accordance with the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the AAA in accordance with the AAA Rules. (ii) In the circumstances of f(ii) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant hereto, shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre ("CCAC"), by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time the Agreement is signed and to which the parties declare they will adhere (the "CCAC Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets. The arbitration shall be conducted in Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral tribunal and will be appointed by mutual agreement of the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules. (h) In the event this Agreement pertains to the sale of any goods outside the United States or Canada, the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement. (i)The parties hereto have required that this Agreement be drawn up in English. Les parties aux présentes ont exigé que la présente convention soit rédigée en anglais. 505859688 | C | ASep-NA TC Please do not hesitate to contact us if you require further information. Yours sincerely ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 Our quote no:20488585 Page 5 of 5 Andritz Separation Inc. ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 QUOTATION Customer: 117936 City of Clearwater Clearwater WWTP Marshall St. ENTER 1605 Harbor Drive Clearwater FL 33755 Contact: Fax:+17274626321 Copy to: Your inquiry: Our quote no:20513436 Supplier:Andritz Separation Inc. Contact: Phone: Fax: E-mail: Date: Katelin Cimino +18174191789 +18174191989 katelin.cimino@andritz.com 05/02/2018 Sales Responsible:SLOHODA, GREGORY Page 1 of 2 Ladies and Gentlemen, We thank you for your inquiry and are pleased to quote as follows: 1.Scope of supply ANDRITZ JOB # 611-259 & 611-301 Item Product ID No.S/W*Quantity Unit Unit Price Amount 10 SERVICE CONTRACT 100031977 1 EA 95,172.00 95,172.00 ________________________________________ Total Amount USD 95,172.00 * S = Spare Parts, W = Wear Parts Technical contact: Mr Marcial Cervantes, Jr. Terms and Conditions 2 .Delivery Time: after receipt of order and any clarifications. ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 Our quote no:20513436 Page 2 of 2 3 .Terms of delivery: Our terms of delivery are FCA Destination Prepaid&Allowed, according to INCOTERMS 2010. 4 .Terms of Payment: Within 30 days Due net (1% default interest per month for delayed payment). 5 .Validity of quotation: This quotation is valid to 07/31/2018. Other Terms: 6 .See Attached Terms & Conditions. 505859688 | C | ASep-NA TC Please do not hesitate to contact us if you require further information. Yours sincerely Andritz Separation Inc. ANDRITZ Separation Inc.Remit to:Wire instructions: 1010 Commercial Blvd. South ANDRITZ Separation Inc.Nordea Bank Finland PLC Arlington, TX 76001 USA Dept: 0312 New York Branch P.O. Box 120312 SWIFT: NDEAUS3N Tel : +1 (817) 465-5611 Dallas, TX 75312-0312 Account: 8879433001 Fax: +1 (817) 468-3961 Federal Tax ID Number: 59-3773483 ABA: 026010786 ANDRITZ SEPARATION INC. 1010 Commercial Blvd. S. Arlington, Texas 76001 Tel. (817) 465-5611 Fax (817) 468-3961 environ.us@andritz.com The terms listed below supersede any inconsistent or conflicting terms in any instrument forming part of this Quotation #20488585. Other terms: 8. (a) Products Warranty. (i)New Equipment Warranty. In the case of the purchase of new equipment the Sell er warrants to Buyer that the new equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon deliver y of the new equipment to Buyer and shall expire on the earlier to occur of 12 months from initial operation of the new equipment and 18 months from delivery thereof (the “Warranty Period”). (ii)Parts and Used or Reconditioned Machinery or Equipment Warranty. In the case of parts or used or reconditioned machinery or equipment, and unless otherwise indicated, Seller warrants to Buyer that the parts or the used or reconditioned machinery or equipment manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence up on delivery of the parts or the used or reconditioned machinery or equipment to the buyer and shall expire 12 from initial operation of the reconditioned machinery or 18 months from delivery thereof (the “Warranty Period”). (iii)If during the Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, a t its option, either deliver to Buyer, on the same terms as the original delivery was made, according to INCOTERMS 2010, a replacement part or repair the defect in place. Any repair or replacement part furnished pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion of such repair or replacement, with n o further extension. Seller will have no warranty obligations for the Products under this Paragraph 3(a): (i) if the Products have not been stored, installed, operated and maintained in accordance with generally approved industry practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or i n respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable; or (vi) for expenses incurred for work in connection with the removal of the defective articles and reinstallation following repair or replacement. (b) Services Warranty. Seller warrants to Buyer that the Services performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications. If any failure to meet this warranty appears within 12 months from the da te of completion of the Services, on the condition that Seller be promptly notified in writing thereof, Seller as its sole obligation for breach of this warranty will correct the failure by re-performing any defective portion of the Services furnished. Seller does not warrant the accuracy of, or performance results of, any conclusions or recommendations provided, nor that any desired objective will result from the Service provided and Seller shall not be liable for any loss of use or any production losses whatsoever. (c) Seller further warrants to Buyer that at delivery, the Products manufactured by it will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of t heir existence. (d) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (e) The remedies provided in Paragraphs 3(a), 3(b) and 3(c) are Buyer's exclusive remedy for breach of warranty. (f)With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties m ade to Seller by the manufacturer of such Product or part which are capable of being so passed on. Holder Identifier : 7777777707070700077763616065553330773707446215556707552037762507311073650576047331130762505002473110207062005772325542075622735724767300776605153245671207726411532072130077727252025773110777777707000707007 6666666606060600062606466204446200620020426224220006220024062260222062200262422620200620202626204022206202026240240000062220062602620200622202424004020006222006040220422066646062240664440666666606000606006Certificate No :570071365177CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/25/2018 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Philadelphia PA Office One Liberty Place 1650 Market Street Suite 1000 Philadelphia PA 19103 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 23035Liberty Mutual Fire Ins CoINSURER A: 42404Liberty Insurance CorporationINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):800-363-0105 CONTACT NAME: Andritz Separation Inc. 1010 Commercial Blvd., South Arlington TX 76001 USA COVERAGES CERTIFICATE NUMBER:570071365177 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $5,000 $2,000,000 $2,000,000 $2,000,000 A 06/01/2018 06/01/2019TB2651004304108 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000A06/01/2018 06/01/2019 COMBINED SINGLE LIMIT (Ea accident) AS2-651-004304-038 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE B 06/01/2018 06/01/2019 (AOS) WC7651004304148B 06/01/2018 06/01/2019 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN (WI) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WA765D004304138 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Blanket Order: BR511692. City of Clearwater is added as an Additional Insured on the coverages, excluding Workers' Compensation and Employer's Liability policies, if required by written contract with Certificate Holder and subject to the policy terms, conditions and exclusions. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to the Certificate Holder, but only to the extent required by written contract with the Insured and always subject to the policy terms, conditions and exclusions. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Clearwater 1605 Harbor Dr. Clearwater FL 33755 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4605 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Authorize the award of Request for Proposals 01-18, Security Services, to American Guard Services and Sentry Event Services, both of Tampa, Florida, in a not-to-exceed annual amount of $250,000, including two one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Request for Proposal 01-18 was issued on December 29, 2017 for licensed security service companies to perform services for various departments and locations within the City of Clearwater, with trained, uniformed, unarmed security guards /officers on an as-needed basis . The City received five responsive proposals, which were evaluated by a committee comprised of staff from General Services, Parks and Recreation, and Marine Aviation. The proposals were evaluated on three key areas: responsiveness, responsibility, and technical capabilities . Three shortlisted firms were invited to make presentations to the committee members. Sentry Event Services, Tampa, Florida, is the recommended vendor for special events. The City hosts a variety of concerts and sports events throughout the year with each event requiring pre-planned and vetted security services. Event security personnel include parking lot staff, security guards, event pit personnel, roamers, and supervisors. Sentry Event Services has been used by Parks and Recreation over the past two years and has proven to be a responsible partner in managing special events. American Guard Services (AGS), Tampa, Florida, is the recommended vendor for building and facilities security. At this time security services are being utilized at City Hall and the Municipal Services Building but could expand to other facilities in the future. AGS’ proposal demonstrated a high level of experience and web -based technology that will support managing visitors to city facilities. Any future needs for non -event related security services would also be provided by AGS. APPROPRIATION CODE AND AMOUNT: Funds are available in General Fund cost code 0107010-530300, Contractual Services to fund the MSB and City Hall security service for the remainder of the current fiscal year. Funds will be requested in Building and Maintenance cost code 5656531-530300, Contractual Services, to fund the MSB and City Hall security service for fiscal year 2018/19. Security services for special events will be charged to the special events program (1817574- 99865) funded by special events revenues. Page 1 City of Clearwater Printed on 6/19/2018 Sentry Event Services, Inc. SENTRY EVENT SERVICES, INC. 4201 North Dale Mabry Tampa, FLORIDA 33607 OFFICE: (813) 350-6590 FAX: (813) 354-2466 CONTACT: JOHN HARPER JHARPER@SENTRYEVENTSERVICES.COM 1 Table of Contents Sentry Event Services, Inc. Tab 1: Page 2 Letter of Transmittal Tab 2: Page 3 Organizational Chart Page 4 Experience Page 5 Lawsuits Tab 3: Page 6 Qualifications Page 7 Job Descriptions Page 11 Hiring and Training Practices Tab 4: Page 15 References Tab 5: Page 17 Services pricing Tab 6: Page 18 Exception and Additional Form Page 19 Addendum #1 Page 22 Vendor Information Page 23 Offer and Acceptance Form Page 24 Division of Licensing Page 25 Sample of Billing Invoices Page 31 W-9 Page 32 Uniform Sample Page 33 Security Services – Exhibit A 2 January 27th, 2018 Dear Advisory Committee, Sentry Event Services, Inc. would like to thank the City of Clearwater for this opportunity. For the last two years, Sentry Event Services, Inc. has sincerely enjoyed our partnership with the City of Clearwater. Partnerships are of the upmost importance and the City of Clearwater will continue to have our full commitment as a solid partner providing the very best of security and guest services. The main point of contact for the City of Clearwater is John Harper, General Manager, and can be reached through the following methods: Mail: John Harper Sentry Event services, Inc. 4201 North Dale Mabry Tampa, Florida 33607 Direct Phone: (813) 350-6590 Cell Phone: (727) 235-2186 Email: jharper@sentryeventservices.com If selected, other representatives of Sentry Event Services, Inc. will be assigned to meet the n eeds of each event for the City of Clearwater. Thank for allowing Sentry Event Services, Inc. the opportunity to re-introduce our company with the submittal of this bid. We accept the task at hand. We look forward to our continued partnership and developing a stronger customer-centric environment for all. Respectfully, Ken Milburn Ken Milburn President & Owner 3 Demonstrated Experience of the Firm Organizational Chart: Sentry Event Services, Inc. 4201 North Dale Mabry Tampa, Florida 33607 John Harper General Manager Sales & Marketing James ‘Jim’ Johnson Operations Manager Ken Milburn President & Owner Megan Swithers Human Resources Evan Helgesen Event Manager Tropicana Field Derrick Burdgess Event Manager Tampa Convention Center Chris Levoy Event Coordinator Supervisor Security Services Jennifer Hensley Corporate Support Scheduling Coordinator Supervisor Event Services Event Staff Security Staff Larry Portman Event Manager Tallahassee, Florida 4 “90% of what we do is Customer Service” Founded in 1991 by Kenneth Milburn, Sentry Events Services, Inc. quickly became the premier Florida owned event staffing company on the West Coast. Sentry's management team experience was derived from various disciplines of the security and event staffing and production industry. These disciplines included experience with event security at Large Stadiums, Small Venues, Trade Shows, State Fairs, Grand Prix’s and Festivals. Sentry was quickly recognized as a forerunner in the Tampa Bay area securing contracts at the Florida Suncoast Dome (currently Tropicana Field), Bayfront Center, Al Lang Stadium, and Ed Smith Stadium in the first year. Throughout th e years, Sentry has had ongoing successful relationships with the Tampa Bay Lightning, Tampa Bay Rays, Tampa Bay Storm, Raymond James Stadium and the Tampa Bay Buccaneers. The tangible advantages of our efforts are easily demonstrated by the caliber of our references. Our experiences with Tropicana Field, University of South Florida, Firestone Grand Prix, Valspar Golf Tournament, Ye Mystic Krewe of Gasparilla, The Tampa Convention Center and most noticeably Raymond James Stadium have been unparalleled by any other locally owned and Florida based company and compares favorably with our nationally based peers. Sentry offers the ideal duality of a locally owned and operated corporation while providing management and staff with credible international security and event experience. The 1996 Summer Olympic Games in Atlanta, the 2002 Winter Olympic Games in Salt Lake City, NCAA Basketball Tournaments including the Final Four, NHL Fantasy, NBA Finals, ACC Baseball Tournaments, and Vice Presidential Debates, and The Republican National Convention are indeed prestigious and we are proud of the experience we have gained from these events. Single events, however, do not demonstrate an organization’s consistency. Sentry has worked with the National Football League providing its services to 5 Superbowls in Detroit (Superbowl XL), Miami (Superbowl XLI), Phoenix (Superbowl XLII), Tampa (Superbowl XLIII), and Miami (Superbowl XLIV) as well as a long-term contracts Raymond James Stadium and Superbowl XXXVII champions Tampa Bay Buccaneers. Sentry has also demonstrated long term relationships with Major League Baseball and the Tampa Bay Rays, National Hockey League and the Tampa Bay Lightning and Arena Football League and the Tampa Bay Storm. The intangibles, however, are not nearly as evident. We have traveled the country and witnessed operations at many other facilities and venues throughout this country. Our observations include sensitivity to appearances, staffing levels, guest services and quality of supervision and staff. Sentry is also a proud member of the Stadium Managers Association (SMA), Florida Facility Management Association (FFMA), International Association of Venue Managers (IAVM), American Society for Industrial Security (ASIS) and Florida Festivals & Events Association (FFEA). Since 2003 Sentry Event Services, Inc. has attended the NFL’s Best Practices Guidelines conference. Our travel, involvement in these organizations and continuing education reinforces our personal desire to continue to be a leader in the security event management field and continue to bring our leadership to the City of Clearwater. Through these partnerships mentioned above and many others, we have successfully adapted and executed a variety of security programs with components synonymous to each client we serve including: • Hospitality/Customer Service • Emergency/Crisis Management and Response 5 • Compliance – Policy and Procedure • Access Controls: Systems, Key Control, ID Management • Asset Protection: Patrols/Tours, Video Surveillance/Close Circuit Television (CCTV) • Event Security ▪ Conferences/Exhibitions/Seminars/Symposiums/Trade Shows ▪ Publicity Events/Sporting Events/Political Events References support the many faucets of our experience are listed Tab 4 of this proposal. Sentry has never failed to perform its’ duties or complete contracted work within any term of an agreement. There are no officers or principals of the corporation which have failed to perform in the service of any other contract with another organization. Like all service companies operating in today’s litigious society, Sentry Event Services, Inc. must contend with frivolous and unwarranted lawsuits. There is no pending litigation that will affect our ability to provide exemplary services to the City of Clearwater. Sentry Event Services, Inc. has not been issued any citations by a regulatory agency. Sentry has not judgements rendered by a court of law, EEOC or any other commission. Sentry Event Services, Inc. is a Florida corporation. We are fully licensed to perform guard services under Florida Department of State guidelines of Chapter 493. Sentry maintains at all ti mes Liability and Workers’ Compensation as prescribed by state and federal guidelines. Occupational licenses are held and displayed in our offices at Raymond James Stadium in Tampa. Sentry Event Services, Inc. complies with all local, state and federal directives, orders and laws as applicable to the security and event service industry, including, but not limited to: • Equal Employment Opportunity (EEO) in compliance with Executive Order 11246 as applicable. Sentry always strives to encourage Women and Minorities to apply for all positions. • Occupational Safety and Health Act (OSHA) as applicable. • The American with Disabilities ACT of 1990 (ADA) as applicable. • Florida Department of State, Division of Licensing, Chapter 493 as applicable. Sentry Event Services, Inc. will be solely responsible for the prompt payment of wages, salaries and all other amounts due our staff. Sentry will be responsible for the payment of all federal, state, and local employment taxes to include all reports, obligations, and payments pertaining to social security taxes, income tax withholding, workers’ compensation, unemployment and any group insurance coverage. 6 Qualifications Ken Milburn earned his Bachelor of Science degree from the University of South Carolina. He has worked in security and crowd management operations since 1989 in a wide variety of indoor and outdoor venues, focusing largely on musical and athletic events. Primarily, he manages and directs events at Tropicana Field and Raymond James Stadium, as well as many other venues throughout the state. During the late 1980’s, Ken began his event services career in South Florida with VIP Event services. He quickly was promoted to a management level providing security and event staff to venues from West Palm Beach to Miami. Fifteen years of NFL experience and twenty years of regular season Major League Baseball, as well as participation in the 1996 Summer Olympic Games Baseball O perations have equipped Ken and his management team to identify specific concerns with regard to major athletic facilities. His experiences have broadened his knowledge into sports event management, including both past and ongoing experience with the NCAA in basketball and football, the NFL, NHL, NBA, and the Arena Football League. Ken has provided security and event staffing for the NCAA Final Four, the Arena Bowl, and NHL Fantasy. Concerts and festivals form another major part of Ken's repertoire. He has staffed and assisted in event operations for countless shows, including, Metallica, Ozzfest, the Rolling Stones, Guns ‘n Roses, Kid Rock, Bruce Springsteen, Kenny Chesney and U2 as well as several annual events such as Livestock, the Warped Tour, Gasparilla, Sarasota Blues Festival, and many others. In 2001-2002 Ken managed Salt Lake City's Olympic Village Communication Center, serving as a liaison for Secret Service, FBI, Department of Defense, and Utah police. He has also worked closely with Secret Service, FBI, U.S. Customs, and FDLE on numerous occasions when high-profile guests such as President George Bush, President Bill Clinton, Vice President Al Gore, Governor Jeb Bush and other high-profile dignitaries have visited the area. This experience has greatly increased his understanding of threat assessment in this age of terrorism. All of these are examples of Sentry’s ability and dedication to effectively implement a successful operational plan for various facilities, venues and municipalities. Ken's philosophy of structured, quality growth along with his extensive knowledge and experience enables Sentry Event Services, Inc. to provide unparalleled event service in Florida. Originally from the Washington D.C. area, Ken has made Florida his home for over two decades. His continued commitment is exemplified by his donation of services to Lowry Park Zoo and St. Petersburg Aquarium, sponsorship of law enforcement softball teams, numerous donations to local and regional non-profit groups, and strong working relationship with area law enforcement. Ken looks forward to providing this level of commitment to the City of Clearwater. 7 Position: Director/Event Manager/Coordinator General Responsibilities: Liaison between Sentry Event Services, Inc. and Client Facilities. Overall supervision of staff, support and motivation during events. Specific Duties: • Promote family atmosphere, guest enjoyment and safety. • Greet guests. • Overall supervision of Security and Event Staff. • Responsible for motivating Security Officers and Event Staff to fulfill job responsibilities. • Responsible for ultimate guest problem resolution. • Complete and thorough knowledge of all facility locations and services provided. • Complete and thorough knowledge of company policies and procedures. • Complete and thorough knowledge of facility policies and procedures. • Administration of progressive disciplinary process. • Assist in the administration of New Hire Orientation. • Assist in the administration of orientation and training. • Active participation in company incentive program. • Miscellaneous operational day to day duties as directed. Supervisory Responsibilities: Supervises up to 40 Team Leaders Other: Physical Demands: The Physical demands described here are representative of those that must be met by a Team Member to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions: • The individual may be required to sit or walk up to 2/3 of the work shift. • The individual may also be required to their hands. Stoop, kneel or reach with their hands up to 1/3 of the work shift. • The individual may be required to lift up to 10 pounds up to 1/3 of the work shift. • Vision requirements are color vision and the ability to focus. Job Requirements: • Flexible work schedule including evening and weekend hours. • Must be a positive, outgoing individual able to work well with large groups of people. • Excellent verbal communication skills and decision making ability. • Must have good problem solving skills and work independently. • Proven job reliability, diligence and attention to detail. • Excellent organizational skills. 8 Sentry Event Services, Inc. Position: Team Leader/Supervisor/Guest Services/Event Security Specific Duties: • Promote a family atmosphere, guest enjoyment and safety. • Greet Guests. • Monitor facility to observe guests in possession of prohibited items and ensuring safe ingress. • Escort Guests with prohibited items to Guest Relations Booth. • Respond to exterior and interior radio calls. • Oversee Event Security positioned to roam assigned concourse and seating sections for policy enforcement and crowd management. • Check credentials in restricted access areas. • Monitor concourses in Standing Room Only areas and keep aisles and emergency exits clear at all times. • Have complete knowledge of all facility policies and services. • Be aware of safety hazards and reporting them appropriately. • Assist guests with ticket problems such as duplicate, unreadable, wrong date and/or lost/stolen tickets. • Handling guest problems and complaints and directing them to Event Manager or Guest Relations Booth if unable to accommodate. • Documenting and reporting all incidents to Event Manager. • Miscellaneous operational (day of event) duties as directed. Other: Physical Demands: The Physical demands described here are representative of those that must be met by a Team Member to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions: • The individual may be required to sit or walk up to 2/3 of the work shift. • The individual may also be required to their hands. Stoop, kneel or reach with their hands up to 1/3 of the work shift. • The individual may be required to lift up to 10 pounds up to 1/3 of the work shift. • Vision requirements are color vision and the ability to focus. Job Requirements: • Flexible work schedule including evening and weekend hours. • Must be a positive, outgoing individual able to work well with large groups of people. • Excellent verbal communication skills and decision-making ability. • Must have good problem-solving skills and work independently. • Proven job reliability, diligence and attention to detail. • Excellent organizational skills. 9 Sentry Event Services, Inc. Position: Team Leader/Supervisor General Responsibilities: Responsible for the correct placement and team supervision of assigned Security representatives. Specific Duties: • Promote a safe atmosphere. • Perform orientation and continuous training. • Greet Guests. • Escort Guests. • Allow/Deny vehicle access. • Inspect vehicles when required. • Inspect packages. • Respond to exterior and interior radio calls. • Oversee Security Officers day to day operations. • Complete and thorough knowledge of company policies and procedures. • Complete and thorough knowledge of facility policies and procedures. • Policy and procedure enforcement. • Check credentials in restricted access areas. • Have complete knowledge of all facility policies and services. • Be aware of safety hazards and report them appropriately. • Handling problems and complaints and/or direct them to client contact if unable to accommodate. • Documenting and reporting all incidents to Site Manager. • Miscellaneous operational (day of event) duties as directed. Other: Physical Demands: The Physical demands described here are representative of those that must be met by a Team Member to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions: • The individual may be required to sit or walk up to 2/3 of the work shift. • The individual may also be required to use their hands. Stoop, kneel or reach with their hands up to 1/3 of the work shift. • The individual may be required to lift up to 10 pounds up to 1/3 of the work shift. • Must be able to stand or sit for long periods of time. • Vision requirements are color vision and the ability to focus. Job Requirements: • Flexible work schedule including evening and weekend hours. • Must be a positive, outgoing individual able to work well with large groups of people. • Excellent verbal communication skills and decision-making ability. • Must have good problem-solving skills and work independently. • Proven job reliability, diligence and attention to detail. 10 Sentry Event Services, Inc. Position: Security Officer – Guardhouse – Rover – Employee Sign-In – CCTV Operator General Responsibilities: Responsible for the safety and security of the Tampa Convention Center and each guest that attends functions on the premises Specific Duties: • Promote a safe atmosphere. • Greet Guests. • Allow/Deny vehicle access. • Inspect vehicles when required. • Inspect Packages. • Respond to exterior and interior radio calls. • Roam the facility for policy enforcement. • Check credentials in restricted-access areas. • Monitor the facility and keep aisles and emergency exits clear at all times. • Complete and thorough knowledge of company policies and procedures. • Complete and thorough knowledge of facility policies and procedures. • Have complete knowledge of all facility policies and services. • Be aware of safety hazards and report them appropriately. • Assist with problems. • Handle problems/complaints and directing them to client contact if unable to accommodate. • Document and reporting all incidents to management. • Miscellaneous operational day to day duties as directed. Supervisory Responsibilities: Not applicable Other: Physical Demands: The Physical demands described here are representative of those that must be met by a Team Member to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions: • The individual may be required to sit or walk up to 2/3 of the work shift. • The individual may also be required to use their hands. Stoop, kneel or reach with their hands up to 1/3 of the work shift. • The individual may be required to lift up to 10 pounds up to 1/3 of the work shift. • Must be able to stand or sit long periods of time. • Vision requirements are color vision and the ability to focus. Job Requirements: • Flexible work schedule including evening and weekend hours. • Must be a positive, outgoing individual able to work well peers. • Excellent verbal communication skills and decision-making ability. 11 Because Sentry is a Florida owned and operated company based in Tampa Bay, Sentry maintains a large trained staff in the immediate area. All licensed security guards meet the requirements of Florida Statute 493. Sentry Event Services, Inc. will provide all necessary equipment for Coachman Park that will include uniforms, radios and earpieces. Walk through magnetometers and hand wands, owned by the City of Clearwater, will be operated by Sentry’s staff. Sentry can supplement this equipment should the need arise. Rental costs are in Tab 5 – Services Pricing. Sentry Event Services, Inc. will supply a golf cart for the Clearwater Air Park. The golf cart will be marked as a Security vehicle. The cart will be equipped to operate safely at night. The following is a brief overview of Sentry Event Services, Inc.’s pre-employment selection process. Our process identifies prospects who possess those traits we believe are important to our organization. These include Honesty, Integrity and a strong Customer Service orientation to the operating environment to each client we serve. Our Security Officers must meet the following minimum hiring requirement: • At least 18 years of age • Reliable means of communication • Reliable means of transportation • Legal right to work in the United States of America • Ability to effectively speak, read and write English • A high school diploma or GED • Must possess at a minimum a Florida Class D Security License Sentry’s screening process provides reasonable assurance that prospects: • Have a stable work history • Have well developed communication skills and professional composure • Can withstand the inquiry of a through interview and background investigation • Drug Free Required Security Officer Traits: • Ability to provide high quality customer service • Ability to use good judgement and discretion in all business interactions with others • Ability to be an effective Team Member • Neatness in grooming and dress • Ability to deal courteously, tactfully and effectively with others in person and on the telephone • Have integrity and high ethical standards • Ability to stay professionally composed when dealing with unusual circumstances Job Application: • Pre-screening of applicants • In-depth interviews with emphasis on employment stability, work experience and personal background. This also identifies each applicant’s skills, work style, personality, career interests and suitability for the position. 12 Background Verification: All Security Officers licensed in the State of Florida must: • Complete a 40-hour course, at the end of which they will have to pass a written exam with 75% passing grade out of 100 questions. • Fill out State application that you will be given at their Security Officer training, attach a photo, fingerprints and have the application notarized. • Submit the application to a local Florida Division of Licensing office. • Access to applicant’s status is check on the Florida Division of Licensing website. • Military Service (DD214) – nature of separation • Former employment verification • Reference checks • Higher education degree verification • The State of Florida will conduct a Federal Background check. All Sentry team members are required to attend Sentry’s orientation and training. These sessions are designed to educate new Team Members of Sentry’s goals, history, philosophy, mission, structure, policies and procedures. Effective training shows each Team Member thei r task versus their purpose. Their task is the job they are assigned, and their purpose is to focus on exceeding client expectations while operating through industry best practices. During this orientation session, each employee will complete the applicable personnel and payroll paperwork. The HR Manager is responsible for ensuring that each employee attends a Sentry orientation prior to their first event or post. Every employee is given a copy of Sentry Event Services, Inc.’s handbook. An electronic copy i s on the thumb drive provided with this RFP. Management is evaluated by the standards they set for themselves. The perception and effectiveness of the job specific training depends upon Sentry Management supporting the process and making it a priority. We feel that a superior training program is an integral part of the development of our staff. Sentry commits to developing a specific program for locations described in the RFP to ensure consistent and superior customer service trained personnel. Development and retention of Team Members is very important to Sentry. We strive to: • Sentry creates a fun culture. After all we are the “fun” security and guest services provider. • Sentry looks to recruit friendly Team Members that want to provide a service with a smile. • Sentry often promote from within. • Sentry provides guidance so that each Team Member is comfortable in their role during events. • Sentry offers a very competitive pay rate. • Sentry does not let Team Members hard work go unnoticed. • Sentry offers flexible schedules. If an employee violates Sentry’s policies or behaves in an unacceptable manner, corrective action guidelines have been established. Below is a list of behaviors that may require corrective action and a description of the steps that may be taken to resolve any behavioral problems in the future. If an employee’s behavior is serious enough, some or all the corrective steps listed below may be skipped, and the employee may be immediately terminated from Sentry Event Services Inc. Termination may also result if an employee refuses to cooperate with proper procedures or continues to engage in inappropriate behavior. 13 While not exhaustive, the following list provides examples of the specific types of behavior that may require progressive corrective action: • Insubordination; • Excessive absence; • Poor work performance; • Unsafe work performance; • Damaging, tampering with or defacing Client Facility or Sentry Event Services, Inc. or property; • Horseplay or inappropriate practical jokes; • Vulgar, abusive, or obscene language, photographs, etc.; • Carelessness or incompetence; • Allowing Guests unauthorized access to assigned facility or seating area; • Texting, talking on cell while on post; • Accepting of gratuities and/or gifts; • Taking or giving of promotional items to unauthorized guests, fellow Team Members or any unauthorized person(s). If an employee fails to follow Sentry Event Services policies, or behaves in an unacceptable way, some or all of the following steps may be taken: Verbal Warning, Written Warning, Suspension, and Termination. These steps are designed to be used, if necessary, as progressive measures for a n employee who has repeated problems or is experiencing no improvement in unfavorable behavior. One or all of the first three steps may be skipped if behavioral problems are very serious. Progressive discipline, the corrective action process including verbal and written warnings, suspension and separation, will be utilized to address and correct repeated behavioral problems. Decisions to terminate employment are taken very seriously. In certain instances, the performance or behavioral problem is serious enough that the only resolution is termination. However, in some instances, Sentry Event Services will obtain input from other Sentry employees before deciding on termination. For this reason, using objective and uniform criteria when making such decisions is imperative. If an employee is not meeting Sentry’s standards of behavior or performance, the employees Director and/or Supervisor should: • Meet with the employee to discuss and review the matter. • Inform the employee of the nature of the problem and the action necessary to correct it. • Complete a Corrective Action Notice signed by the Director and/or Supervisor. If there is a second occurrence, the Director and/or Supervisor will hold another meeting with the employee and issue a written warning. The Corrective Action Notice report will indicate that a further incident will result in a more severe corrective action, not limited to termination of employment. The employee, the Director and/or Supervisor must sign the written warning before it is forwarded to the Human Resources Manager. If an employee is dissatisfied with their treatment or with an interpretation or application of a work- related policy by Sentry Event Services, they may put it in writing disputing the corrective action 14 taken. Sentry Management will work with the employee to resolve the problem. Sentry Management will facilitate a meeting between the employee in question and the person(s) named on the dispute resolution. If this meeting fails to resolve the conflict, the General Manager will review the situation and decide based on the circumstances presented to him. Employees will not be penalized for the proper use of the dispute resolution procedure. However, abuse of the procedure is grounds for corrective action up to and including termination Examples of procedural abuses include but are not limited to the following: harassment, vindictive behavior, or repeated filing of reports that a reasonable person would judge to have no merit. 15 Raymond James Stadium 65,890 seat football stadium- home to the NFL Tampa Bay Buccaneers, USF Bulls Football, Outback Bowl, Monster Truck Jam, and various concerts (U2 for example) and events. Services Provided: • Security • Pat Down Personnel • Ushers • Ticket Takers • Parkers Sentry Event Services, Inc. has had a long-term contract with the Tampa Sports Authority and Raymond James Stadium since 2003 and recently extended the contract through 2021. Contact: Mickey Farrell Director of Operations Tampa Sports Authority/Raymond James Stadium 4201 North Dale Mabry Tampa, Florida 33607 Office: (813) 350-6507 Email: mfarrell@tampasportsauthority.com Tropicana Field 43,772 seating capacity-Home to the MLB Tampa Bay Rays, NCAA sanctioned Beef O’ Brady’s St. Petersburg Bowl, and various concerts, events, and tradeshows. It is also the former home to the NHL Tampa Bay Lightning and AFL Tampa Bay Storm. Services Provided: • Security • Supplement the 24-Hour Security Operations • Parking Auditors • Supplement the Ushers Sentry Event Services, Inc. has a long-term contract with Tropicana Field. Services began there in 1991. Contact: Rick Nafe Vice President of Stadia Operations Tropicana Field One Tropicana Drive St. Petersburg, Florida 33705 Office: (727) 825-3195 Email: rnafe@raysbaseball.com Al Lang Stadium Since 2011, Al Lang Stadium has been home to the Tampa Bay Rowdies. Situated on the waterfront of downtown St. Petersburg the historical stadium has a capacity of 7,200. What was once a baseball stadium, is now a vibrant soccer arena. Al Lang Stadium also hosts a variety of other events like concerts and rugby tournaments. Services Provided: • Event Management • Event Security • Ticket Takers • Ushers Sentry Event Services, Inc. has always been a service provider to Al Lang Stadium whether it was baseball or soccer. Sentry entered a long-term contract with the Tampa Bay Rowdies in 2014. Contact: Beth Herendeen 230 1st Street SE St. Petersburg, Florida 33701 Office: 727-222-2000 Email: bherendeen@edwardsgp.com USF Athletics Home to the men’s and women’s USF Bulls Basketball Teams, Baseball, Softball, Track & Field this 10,411 seat multipurpose facility hosts Concerts, Sports Events and approximately 300 other events a year. Services Provided: • Security • Ushers • Parkers • Supplement the Ticket Takers Sentry Event Services, Inc. has had a long-term contract with USF since 2000. Contact: Jim Fee Assoc. Director of Athletics/Facilities & Event Mgmt. University of South Florida 4202 East Fowler Ave. – ATH 100 Tampa, Florida 33620 Office: (813) 974-9977 Email: fee@usf.edu 16 Tampa Convention Center The Tampa Convention Center is the crown jewel of Tampa Bay. This world class facility is located on the beautiful Riverwalk in the heart of downtown Tampa. TCC holds events from Auto and Boat Shows to the popular Comic Con and any event in between. Services Provided • 24 Hour Security • Event Security • Dock Master • Event Ambassadors • Event Registration • Box Office Contact Rick Hamilton Convention Center and Tourism Director 333 South Franklin Street Tampa, Florida 33602 Office: (813) 274-8511 Email: rick.hamilton@tampaconventioncenter.com The Lakeland Center The Lakeland Center is Central Florida’s premier multi- purpose arena. It has over 100,000 square feet of flexible space with four venues under one roof. They include the George Jenkins Arena, Youkey Theater, a 28,000 square foot Exhibit Hall and a 34,000 square foot Conference Center. Services Provided: • Security • Supplement staff as needed Sentry Event Services, Inc. entered into a relationship with The Lakeland Center in 2012 at a moment’s notice. Contact: Brandon Flynn Guest Services/Security/Parking Manager 701 West Lime Street Lakeland, Florida Office: (863) 834-8124 Email: brandon.flynn@lakelandgov.net Donald L. Tucker Center Located at Florida State University and is North Florida’s premier Sports, Entertainment and Convention Center. The Center holds 12, 500 seats and 54,00 square feet of convention space. Services Provided • Security • Ushers • Ticket Takers Contact Michele Harhut Director of Events 505 West Pensacola Street Tallahassee, Florida 32301 Office: (850) 644-7469 Email: michele_harhut@comcastspectator.com Spectrum Field Philadelphia Phillies (Spring Training) Clearwater Threshers (as needed) Services Provided Gate Security Bag Checkers Contact Jay Warren Phone: (727) 712-4300 Email: jwarren@threshersbaseball.com Ye Mystic Krewe of Gasparilla P.O. Box 1514 Tampa, Florida 33601 Office: (813) 251-4500 Email: office@ymkg.com Services Provided • Security and Crowd Control Along Parade Route • Float Walkers • Float Riders The Centre of Tallahassee 2415 North Monroe Street Tallahassee, Florida 32303 This venue is a one-stop destination for shopping, eating and attending concerts and shows. Services Provided • 24 Hour Security • Event Security • Ushers • Ticket Takers Contact Jesse Lynn Email: jesseL2@cctexas.com 17 Services Pricing: Position Rates Holiday Overtime Supervisor $18.50 $18.50 N/A Security Officer $16.50 *$21.45 *$21.45 Security Officer (overnight) $17.50 *$22.75 *$22.75 Event Staff $15.95 $15.95 N/A *Denotes services located at Clearwater Beach, Downtown Marinas and Clearwater Airpark. Sentry Event Services, Inc. will make every effort not to accrue overtime. Sentry Event Services, Inc. requires a four (4) hour minimum for each employee. As a long-standing partner with the City of Clearwater, Sentry Event Services, Inc. is committed to fiscal responsibility. Sentry proposes one percent (1%) prompt payment discount for all invoices paid within 10 days. If the invoice is not paid within 10 days, the invoice will be due Net 30. This gives the City of Clearwater the opportunity to receive a discount on the services provided for events and non- events. The prompt payment discount adds up over time saving the City of Clearwater a significant amount of money. By shortening the lag time between invoicing, Sentry will be able to increase working capital and reduce gaps in cash flow without carry a credit line for an extended time. Sentry’s weekly payroll schedule begins on Saturdays and ends on Fridays. The preferred method of delivering invoices is through email. Sentry Event Services, Inc. will email invoices for each event and location every Monday for work performed prior week. In the event that the City of Clearwater may require extra equipment for events and non -events, Sentry Event Services, Inc. has equipment to rent: Walk-through Magnetometers: $300 per unit/per day Walk-through Magnetometers: $100 Delivery/Set up/Pick up (not eligible for discount) Metal Detecting Hand Wands: $15 per unit/per day Radios: $25 per unit/per day 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Sentry Events Services, Inc. will provide at Sentry’s expense all required uniforms and identification badges for every Security Officer. All employees will be required to wear the approved uniform and identification badges while on duty for the City of Clearwater. Sentry agrees that it is responsible for the cleaning and maintenance of these uniforms. Outdoor weather gear will be issued if deemed necessary for all exterior positions. Sentry requires all Team Members to wear black dress style pants, black shoes, black socks and black belt. All clothing for Security Officers must bear the Sentry Event Services, Inc. logo and name. Examples of current uniforms are shown below: 33 34 35 36 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 10/2016 REQUEST FOR PROPOSALS #01-18 Security Services December 29, 2017 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, January 31, 2018 to provide Security Services. Brief Description: The City of Clearwater is seeking proposals from licensed security service companies to perform security services for various departments and locations within the City of Clearwater, with trained, uniformed, unarmed security guards/officers. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/bid Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Lori Vogel, CPPB Sr. Procurement Analyst Lori.Vogel@myclearwater.com This Request for Proposals is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Security Services 2 RFP #01-18 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: January 31, 2018 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted, and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting Purchasing. i.5 PROPOSAL FIRM TIME: 90 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS Security Services 3 RFP #01-18 i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the procurement process. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter, rejection of their response depending on the nature of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy and Procedures, Section 27. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each INSTRUCTIONS Security Services 4 RFP #01-18 proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Security Services 5 RFP #01-18 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Security Services 6 RFP #01-18 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: EVALUATION CRITERIA (see Response Elements, pgs 22 and 23) Points Demonstrated Experience of the Firm (Tab 2) 25 Qualifications and Availability of Security Staff (Tab 3) 25 Ability to Meet Scheduling Requirements (Tab 3) 20 References (Tab 4) 15 Services Pricing (Tab 5) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on- site at a City location upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Security Services 7 RFP #01-18 expect that the City will ask for best & finals. Therefore, proposer should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/bid to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: December 29, 2017 Advertise Tampa Bay Times: December 30, 2017 Responses due: January 31, 2018 Review proposals: February 1 – 9, 2018 Presentations (if requested): week of February 19, 2018 Award recommendation: February 23, 2018 Council authorization: March 15, 2018 Contract begins: April, 2018 TERMS AND CONDITIONS Security Services 8 RFP #01-18 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Security Services 9 RFP #01-18 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Security Services 10 RFP #01-18 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recoding of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Security Services 11 RFP #01-18 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Security Services 12 RFP #01-18 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Security Services 13 RFP #01-18 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days ’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Security Services 14 RFP #01-18 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS Security Services 15 RFP #01-18 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Purchasing Department for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS Security Services 16 RFP #01-18 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Security Services 17 RFP #01-18 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training, Clearwater Threshers Minor League Baseball, and hosts several sports tournaments throughout the year that attract visitors from across the country. The Clearwater Marine Aquarium is home to Winter the Dolphin. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed in Clearwater. 2. GENERAL PURPOSE. The City of Clearwater (City) is seeking proposals from licensed security service companies to perform security services for various departments and locations within the City of Clearwater, with trained, uniformed, unarmed security guards/officers. LOCATION ADDRESS; Clearwater, FL Clearwater Municipal Services Building (MSB)/ Parks and Recreation Department 100 S Myrtle Avenue City of Clearwater Special Events/P&R Department Locations will vary – Primarily in downtown core/ Coachman Park Clearwater Beach Marina/Marine & Aviation Dept 25 Causeway Blvd Clearwater Downtown Harbor Marina/M&A Dept 210 Drew Street Clearwater Air Park/M&A Dept 1000 N Hercules Avenue 3. SCOPE OF WORK. The specific schedule and work requirements for the listed locations are described below. These requirements shall not preclude the City from requesting additional tasks and/or duties related to security. General staffing (officer or guard) requirements include:  All personnel must be able to communicate orally, read, and write, in English. Bilingual personnel may be requested for specific events or assignments, as needed.  Customer Service and an event-attendee’s positive experience is a priority in Clearwater. All security staff must demonstrate a commitment to be courteous, helpful, attentive, and alert during their shifts.  All personnel shall maintain a professional appearance and demeanor, be properly uniformed for the assignment, and wear an identification badge at all times (several pictures of company uniforms are required with RFP response). Appropriate equipment will be provided by the vendor to all staff – a cell phone or radio is a requirement; a City radio will be provided to the on–site manager during City events.  Security officers or guards are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid.  Vendor shall provide appropriate and necessary management and supervision for all employees and shall be solely responsible for instituting any disciplinary action of employees not in compliance with the company’s rules and regulations, as well as any other policy established by the contracting parties. DETAILED SPECIFICATIONS Security Services 18 RFP #01-18  The City reserves the right to require immediate removal of any security personnel deemed unfit for service. The Vendor must have appropriate staffing resources to be able to provide a replacement within twenty-four (24) hours. 3.1 CLEARWATER MUNICIPAL SERVICES BUILDING (MSB) A security officer shall be stationed at the MSB lobby reception desk Monday through Friday, 8:00 a.m. until 5:00 p.m. (EST), excluding City recognized holidays. The MSB’s main entrance doors will be opened at 7:00 a.m. and secured at 5:00 p.m. by city staff. a. Personnel (security officer) assigned to the MSB shall be trained and experienced in building security, customer service, and handling difficult people as well as escalated situations. b. The security officer shall monitor entry and egress access and ensure all visitors are checked in and issued a visitor badge. All persons entering the building will be required to sign in and out and indicate the department and employee(s) they will be visiting. Delivery persons will be allowed entry for department access. c. The security officer shall assist City staff with disruptive and/or unruly visitors. This includes asking individual(s) to leave the premises and/or coordinating with the City of Clearwater’s Police Department to escort the individual(s) off the premises. d. The security officer shall report any unusual activity to Parks Administrative Services Manager, and depending on severity of situation, the City of Clearwater Police Department. e. The security officer shall assist City staff in the event of an emergency, including assistance during a building evacuation. f. The security officer stationed at this site will be required to submit a daily incident/operating report which shall include the roster of all visitor(s) that entered/exited the building and any events of suspicious nature that required supplemental attention including all parties involved (i.e. police, department staff, etc.). g. The City will equip the reception desk with standard equipment including a computer, phone, and a two-way (2-way) radio to be used for business purposes only. h. The City will provide building access card(s) to the Vendor. Vendor shall require all employees performing under this contract to personally sign and be responsible for each electronic access card to gain entry to the MSB. Access cards are to be used only by the individual who has been assigned the card and approved by the City of Clearwater. When an individual is no longer employed by the Vendor, the card must be reassigned using the City of Clearwater’s employee exit procedures. If a card is lost, the Parks Administrative Services Manager must be notified immediately. The use of an access card by any person other than the individual to whom the card is assigned will be cause for termination of the Contract. 3.2 CITY OF CLEARWATER SPECIAL EVENTS The City hosts a variety of concerts and sports events throughout the year. Each event has unique security requirements that are pre-planned and vetted with the security services company. Event security personnel are prohibited from “hands-on” contact with event attendees. Examples of security details for specific events and a deployment plan are attached in Exhibit A. Two (2) to three (3) weeks prior to an event, in consultation with City event planning staff, Vendor will develop an action plan for upcoming event. The action plan will include identifying the number and type of security staff needed (i.e. parking lot staff, security guards, event pit personnel, etc. Utilize event metrics to assign supervisors, roamers, and other required staffing. Review City prepared event map with security placement locations; and finalize plan with site visit several days DETAILED SPECIFICATIONS Security Services 19 RFP #01-18 prior to the event. Large events include coordination of Fire & Rescue and/or Police special operations divisions’ personnel. Tentative Event Schedule for 2018 Event Date(s) Clearwater Sea-Blues Festival 2-day event, February 2018 USF Series (softball) Mid-February thru Mid-March, 2018 Fun ‘n Country April, 2018 Clearwater Celebrates America July 4, 2018 Hispanic Heritage Concert October, 2018 Clearwater Jazz Holiday October,2018 3.3 CLEARWATER BEACH and DOWNTOWN MARINAS, and AIR PARK Each of these three (3) locations has the requirement of nightly security monitoring. One (1) officer/guard at each location, from 9:00 p.m. to 5:00 or 6:00 a.m., seven (7) days per week, including all holidays and weekends. Each officer/guard is responsible for roving patrols of the assigned area(s) (driving details to be performed in an appropriately identified “Security” company vehicle), ensuring the security of the facility, tenants’ vessels or aircraft, and monitoring for vandalism or other unusual conditions. A security log will be maintained at each facility with a daily incident/operating report submitted at the end of each shift. 4. MINIMUM QUALIFICATIONS. Companies responding to this RFP, and their employees, will be properly licensed in accordance with state, county, and/or city requirements, and be able to demonstrate relevant experience and qualifications to comply with the requirements set forth herein. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, are required. See Response Elements, pages 22 and 23. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond DETAILED SPECIFICATIONS Security Services 20 RFP #01-18 the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #01-18 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Security Services 21 RFP #01-18 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. April 2018 – March 2019. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration.  Two (2), one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), for All Urban Consumers, All Items, Tampa-St. Petersburg- Clearwater, Florida, as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six (6) month average (July through December 2017) and each six (6) month average thereafter. The percentage difference between those two (2) CPI issues will be the price adjustment rate, not to exceed three (3) percent on an annual basis, and seven (7) percent over the six (6) year contract term. The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm during each one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Security Services 22 RFP #01-18 1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, five (5) copies of the proposal, and one (1) electronic format copy on a disc or thumb drive, in a sealed container/envelope. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Tab le of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal Provide a brief letter of transmittal that includes the following information: 1. The proposer’s understanding of the work to be performed 2. A positive commitment to fulfill the contract requirements set forth herein 3. The names of key persons, representatives, project managers who will be the main contacts for the duration of this contract TAB 2 – Demonstrated Experience of the Firm (25 points) Provide the following information: 1. Organization and Management a. Corporate and local organization charts showing responsibilities by position b. Location of office(s); identify primary servicing location for this contract 2. Firm’s Business Experience and History Provide description of the firm, including brief history, and length of time providing security services a. Highlight comparable contracts to the requirements set forth herein b. Provide a summary of all lawsuits filed against company in the last five (5) years TAB 3 – Qualifications and Availability of Security Staff (25 points); and Ability to Meet Scheduling Requirements (20 points) Provide the following information: 1. Primary management staff experience, including Director(s), Manager(s), Supervisor(s), including resumes, job descriptions, and work schedules 2. Provide job description(s) for other key positions (i.e. guard/officer) 3. Include an electronic copy of Employee/Personnel Handbook on the disc or thumb drive 4. Overview the availability of qualified staff and equipment necessary to perform the contract requirements set forth herein 5. Overview the firm’s hiring and training programs a. Recruitment methods and procedures b. Hiring practices including background screening, performance evaluations, disciplinary policies, and termination procedures c. Employee records maintenance d. Employee retention and incentive practices e. Employee training programs, not limited to orientations, site orientations, review training, scenario testing, etc. f. Describe firm’s safety program, including training frequency and program overview g. Explain firm’s efforts to maintain necessary certifications and/or licenses Tab 4 – References (15 points) Provide a minimum of three (3) references for comparable contracts currently being performed. Include complete contact information of the agency/company point-of-contact including name, phone number, and email address. Indicate the services being provided, contract term, and a summary of staff turnover for each contract. Tab 5 – Services Pricing (15 points) Provide billing rates applicable to the staffing positions referenced in Tab 3, estimating the number of hours and overall costs associated with fulfilling the contract requirements set forth herein. RESPONSE ELEMENTS Security Services 23 RFP #01-18 Identify overtime rates associated with each position and the likelihood of overtime associated with the contract requirements set forth herein. Explain the firm’s ability to maintain multiple billings by agency department, how invoices are processed, frequency, terms, etc. TAB 6 - Other Forms The following forms should be completed and signed: 1. Exceptions and Additional Materials form 2. Vendor Information form 3. Offer and Acceptance form 4. Copies of licenses and/or certifications, as required 5. Sample of billing invoice 6. W-9 Form. All responses should include a fully completed, most current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) 7. Copy of Employee/Personnel Handbook on disk or thumb drive with electronic format copy of proposal 8. A minimum of three (3) photos demonstrating the firm’s uniforms EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Security Services 24 RFP #01-18 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Security Services 25 RFP #01-18 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF OFFER Security Services 26 RFP #01-18 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Security Services 27 RFP #01-18 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #01-18, Security Services Due Date: January 31, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #01-18, Security Services Due Date: January 31, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ RFP #01-18Exhibit B Page 2Red Volunteer City Office 30x60 12T 88 WCC 5T 1-6’T 4C Green Room Bandshell Fire 10x70 Emergency Exit GatePort-O-Lets Entrance Gate6T & 4C 15B ATM 15x15 Port-O-Lets Library Boat House Entrance Gate4T & 4C 10B Water Gate3T 7T 15B 3T 3T Security Office I I Back Line Bud 40’ I #1 #5 C&S Smoothie 10x10 1T Key Sidewalk Sponsor Board Donation Box Tree Inflatable Power 701 Security Volunteers Security Ice Box Phone Line ISDN/CAT Barricade Fence Gas I V LP 3T # Description — R-Tables 6’6 R-Tables 5’20 C-Tables160 Tables 8’ 0 Tables 6’ 160 Chairs 140 Wht Cush Chairs 39 Bellyup Tables 8 Popup Tents OOAdmin Office Storage C&S (2)15x156T Aber-crombie 1T 4C 1800-411-Pain 3T 4C I Vendor Supplied Tent City Owned Tent I 40x40’ Stage Extension & Roof #4 Front House 10x10 1T 2C #3 Volunteer Area 4T 2C 2-6’T Deluxe Port- olet 1T 11B Cary 15x15 VIP Entrance 10x20 5T 4C 15x15 #9 Cary’s Lemonade 10x10 5T 5B Police 10B #14 1T Wild Splash Mar. 4, 2017 OJ&J BBQ 15x15 Pipo’s 15x15 ADA Area 10x10 T T ATM Capacity: 13800 #7 BAR 15x15 1-6’T 2T 2C Entrance Gate4-6’T 9B Metro Career-Source. 15X15 #8 T T #10 #11 #12 #13 #16 #15 30yd Dump Dump Thurs. Morning Dumps on Wednesdays Artist 60’ Artist 50’ 10’ Artist 60’ T-Shirt Diner 20x20 3 Walls (1) 110 (1) 220 Same up north 1T #6 1C Stage Gate 1CFavor Flavor C&S Greek Bud Mr. Bill Papa John’s 10x10 4T4C #2 1T Deep End VIP 300 people 25 Bellyups 411 Pain Metro 2T 4C 40x60 4T 1-6’T 6RT 48WCC Radio 1C Cary Lemon-Metro PCS Radio Hardwire 1-6’T 2CWiLd 2T 4C LP LP 2T 4C 1T 2C RK 1T 3C T T #17 #18 Tilly’s 1T2CRent King 20x30 2T 2RT 16 WCC 6 B/U T-Shirt Diner 10X10 One Stop Shop 10X20 2T4C Enrique’s Place 15x15#19 T 8T 4C 2T 6C 20x30 8T 12C Coke (2)15x15Coke Thurston’s Annie get you Bun Maui Wowi DTLR 3T 6C 10X20 Swisher Sweets 2T 4C 10x10 15 x15 TTTRent Rent n Roll 1T 2C 1T 2C Thrus-ton’s 10x10 1T 2T 4C 40WCC Mr. Bill CFD #20 Deluxe Port- olet Club Sky 3T 6C Prince Ton 1T4C KD Snapshot 3T4C Air Stream Guess Ser. 10x10 Artist VIP 10X10 Tent behind 60ft artist trailer Luis Merced Swim Assests 3T6C DTLR Van Video P5 Trash cansGenerator OArtist 50’ Gourmet Coffee 10X10 I I 1T 2C ARMY Jeep Pullup 10x20 1T2C 10X20 Beat Bx 2T 4C Claw Ice Cream Hungry Howie’s 1T3C Glow Goods Auto Shopper 1T 2C 10X20 St. Pete College 1T2C Dr. Adams 1T 2C Fresh Empire 2T 4C 4 B/U 10X10 W est Shore Pizza RP Concessions 10X20 15X15 RFP #01-18Exhibit B Page 140x40 25 R Tables 60” 200 White Cushion Chairs 5T & 16 B/U (cut down on number of tables in 2016, if 20x40 again) Red Volunteer /Fresh FL City Office 30x60 12T 72 WC Chairs (go a little smaller in 2014) 5T 4WCC 1-6’T food line Green Room Bandshell FEmergency Exit GatePort-O-Lets Entrance Gate 6T & 6C 15B ATM Port-O-Lets Library Boat House Entrance Gate4T & 4C 10B Vendor Gate3T Baystar 15x15 3T 7T 15B 3T 3T 3T Security Office I I Back Line JJ Taylor #1 #12 Key Sidewalk Food/Oil Cans Donation Box Tree Inflatable Power 701 Security Volunteers Security Ice Box Phone Line ISDN/CAT Barricade Fence Gas I V LP 3T # Description — R-Tables 6’25 R-Tables 5’3 C-Tables160 Tables 8’ 6 Tables 6’ 760 Chairs 292 Wht Cush Chairs 14 Pop-Up Tents FOAdmin Office Storage C&S (2)15x15 6T #2 3T CostCo Legendary Rhythm & Blues Blues Music Magazine I 3T Vendor Supplied Tent City Owned Tent I 40x60’ Stage Extension & Roof #4 Front House Blue 10x10 2T 2C Volunteer Area 4T 2C 2-6’T Deluxe Port- olet 1T Cary’s 15x15 Cary’s 10x10 Police 5B 1T Sea-Blues February 20 & 21 2016 OOSeafood Unlimited 15x15 Conch Hut 15x15 Crabby Bill’s 15x15 ADA Area Gypsy Fish 15x15 ATM Capacity: 13,171 Mr. Bill’s 15x15 2T Hammer Heads 15x15 Arepas & Lemon Dusan Seafood #9 #18 30yd Dump Dump Dumps on Wednesdays I Artist 60’ (move south) Artist 50’ 1T 1C Rados Foods 15x15 Stage Gate 1CThurstons 10x10 Reserved Seating 796C 3T 1T 2C CR Stuff 2T 2C 1T 2C Resort Property Emergency Exit Gate #6 #7 Mr. Bill Rich and Rise BSJ O#8 JJ Taylor 5T 5B 1 CT / 2C 9B 10x10 T T QFI Video Screen #3 1T TB Times Event Merch / Tickets Sunshine Western Hats 10x10 10X20 Chair Rental Artist 50’ Reserved 10x10 10x10 10x10 2T 2C 2T 2C Loose Lucy’s Loose Lucy’s The Vacation Shoppe 12T 12C 20x30 1C 10x10 F10x10 Blue Moon #10 C&S 10x10 Wine 10x10 Papa Johns 10x10 1T Beer Tickets & ID 1T 2C Annalisa Hats Sweet Ls Bakery A2Z Marketing 8 SST 32 SSC 8 B/U 4 Heaters 1T 1T 15x15 1-6’T 2C 11B Fire 15x15 3T 12C 15 x15 TTTCFD Cary Pretzel Colonels Kettle 10x10 1T Rados Foods Coke 15x15 Coke 10x10 #11 M ichelle’s D elect-ables Maui Wowi 20x40 5T 4C Blues Conspir-acy Whole Earth Sunshine Western Hats Twisted Picks Coke 10x10 Coke 10x10 The Chameleon CBB (City owned tents) 4T 4C #5 #13 #14 #17 #15 #16 Suncoast Blues Society Mr. Bill Rados Guest Services Temp Gate Roly poly 10x10 Gourmet Coffee & Crepes Bar 15x15 1 6’T Annie Get Your Bun Inflatable Big Brother Big Sister Abe’s 10X30 6 B/U 2 Heaters HEP RFP #01-18 Security Services Exhibit B - Page 1 RFP #01-18, SECURITY SERVICES EXHIBIT A Page 1 of 2 Security Deployment: Sea- Blues 1) Vendor Gate – Only letting those with worker wristbands, staffing or artist’s credentials, or those cleared on the vendor/volunteer/worker lists through. City vehicles are okay, vendors on the south can enter to unload but cannot enter 1 hr prior to gate openings. This is a main access in to the park, need someone who has sound judgment and will be very personable. 2) Stage Gate – Only staff or artist guests with correct credentials allowed through gate. VIP guests are to enter on the north side of the park. Catering company and backline/stage companies should be credentialed as well to come through this gate. Your guard will be expected to check everyone’s lanyard and use judgment. A very important position. 3) Sidewalk between backstage and VIP – Only guests with credentials for the backstage/artist area are allowed to enter from North to South (VIP to Backstage). Guests leaving backstage to enter VIP should have credentials to be in both areas. City staff will also use for carts and general show maintenance. This is one of the most vital positions keeping fans and VIP guests out of the backstage area. Many people feel they should gain access but only those with credentials are allowed. 4) VIP/Hospitality Area – Ensuring those in VIP have the proper credential. No one without credentials should be in your area, if fans are leaving the venue after their time at the event they need to walk around the stage no one can cut through this area. It is a secure area with artists. 5) Bandshell stairs – Access only for city staff, backline and stage staff, as well as artists on to the stage from our backstage area. Bathrooms are located in the back of the bandshell and may be accessed from here for backstage guests ONLY. This is one of the most sensitive areas in the park to keep people away from artists and stage that do not belong. 6) Reserved Seating/Sponsor Seating/front of stage during acts – Help fans to located their seats and make sure people are in their correct reserved seat numbers. For the sponsor seating area it is first come first served so making sure people are using the seats correctly and helping them find their seats. 7) Reserved Seating/Sponsor Seating Staff/front of stage during acts – Help fans to located their seats and make sure people are in their correct reserved seat numbers. For the sponsor seating area it is first come first served so making sure people are using the seats correctly and helping them find their seats. 8) Reserved Seating/Sponsor Entrance – A set of eyes and ears to make sure people are entering and exiting the area properly and have their proper wristbands in order to enter and to help them find their seats. 9) Stage Right Entrance to Backstage/Office Area – Only City staff and officials are allowed to use this area between the stage and the offices. This staff will be credentialed as “Event Staff”. 10) Entrance between Reserved/VIP seating area and VIP area. Only guests with VIP, Event Staff, Backstage, or Artist are allowed to enter VIP from reserved seating and should not be in the VIP area without these credentials. 11) Emergency exit Reserved Seating – Only guests with the specific lanyard to this area will be permitted to access. This is mainly an emergency exit but event goes can come in this way proper passes. RFP #01-18, SECURITY SERVICES EXHIBIT A Page 2 of 2 12) Sidewalk between VIP and GA - Only guests with credentials for the backstage/artist area and VIP area are allowed to enter from North to South (General Admission to VIP). Guests leaving VIP to enter general admission will not need verification. City staff will also use for carts and general show maintenance. 13) Sponsor Hospitality Entrance – Only guests with credentials to this specific tent (PCAN/Threshers) will be allowed entrance. This position will help guests find their specific side of the tent and keep others out of it. 14) North Food Court Gate Entrance – Responsible for making sure no one enters this gate. It will be left unlocked for emergencies but will not allow entrant to any vehicle or foot traffic. 15) North Entrance Gate – Primarily this person can be a floater/break giver but when not doing this role they can position at this gate and assist our volunteers in making sure people enter/egress safely. 16) South Entrance Gate- Primarily this person can be a floater/break giver but when not doing this role they can position at this gate and assist our volunteers in making sure people enter/egress safely. 17) Artist Trailer - Position between backstage office area and artist area. If someone gets to this area without proper lanyard we have had a breakdown. This is another level of defense between the backstage area and the artist trailers and stage. All passing through should have Artist, Event Staff, or Backstage credentials. 18) Dock – Keeping guests from congregating on G dock to watch the show and allowing access for those with proper credentials to pass from boat to boat house. 19 - 22) Parking Lot – 2 will be needed in the library/dolphin tales parking lot areas at all times. 2 will be down below in the event area. Top guards will check to make sure they have correct parking passes that allows them to the bottom of the hill in the event parking area. Overflow parking will follow the curve around the Cleveland Extension. Once this is all full it will be access 1 allowed for 1 departing. All others referred to downtown parking garages. Only those attending the library will be allowed to park in the library lot or they will be towed. Only those attending the dolphin tale exhibit will be allowed to park in their spots or they will be towed. We need to enforce this. After the library and dolphin tale are closed they can turn in to event parking but only after they are closed. After parking is full, 2 guards can help with breaks but 2 should remain at all times until’ the end of the event. I would like to have the 2 guards help escort people out of the parking lot safety at the end of the night as well. They will need orange vests/flash lights. Page 1 of 3 Addendum # 1 RFP #01-18, Security Services January 24, 2018 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFP #01-18, Security Services. Question 1: Is a security vehicle required at Clearwater Beach Marina/Causeway Blvd? Automobile or golf cart? Answer to Question 1: Per section 3.3, pg. 17, “Driving details to be performed in an appropriately identified “Security” company vehicle”; a vehicle would be appropriate (but not required) for monitoring the facility parking lot and creating a known presence in the area. Question 2: Is a security vehicle required at Clearwater Downtown Harbor Marina/Drew Street? Automobile or golf cart? Answer to Question 2: See answer to question 1 above. Question 3: Is a security vehicle required at Clearwater Air Park/Hercules Avenue? Automobile or golf cart? Answer to Question 3: A vehicle is necessary at Clearwater Air Park. Question 4: Is historical data available regarding the mileage/fuel expense for each location requiring an automobile? Answer to Question 4: No such data is available. Question 5: Is vendor required to provide a phone or radio at Clearwater Municipal Services Building? RFP says each are provided by city in 3.1 (g) Answer to Question 5: As noted in the RFP Detailed Specifications, 3.1(g) Scope of Work on pg. 18, the City will equip the reception desk with standard equipment including a computer, phone, and a two-way (2-way) radio to be used for business purposes only. Question 6: Is ALL equipment billed separately? If not please confirm that ALL equipment is to be included in the billable rates. Answer to Question 6: All equipment necessary to provide the requested services should be included in the billable rates submitted. Question 7: Do you have historical data on the hours of service provided annually for Special Events? Answer to Question 7: The estimated number of service hours provided for special events last year was 2,925. Page 2 of 3 Question 8: Can you provide current budget/hourly bill rate information? Answer to Question 8: Our current rates are as follows: • Event Security Officer: $16.50 per hour • Overnight Security Officer: $17.50 per hour • Event Supervisors: $18.50 per hour o Four (4) hour minimum per shift/individual Question 9: Who is the incumbent and how long have they been under contract? Answer to Question 9: Sentry Event Services has been providing security services for special events for the past two (2) years. Sentry has been the selected vendor based on informal quotes to provide special events’ security staffing. The other services requested in this RFP have not been provided by a vendor. Question 10: Is this bid required 3 vehicle? Answer to Question 10: Refer to questions 1, 2, and 3, above. Question 11: Who is the current incumbent? Answer to Question 11: Refer to question 9 above. Question 12: When were they awarded the contract? Copy of current contract? Answer to Question 12: There is not a contract with Sentry; an annual purchase order has been issued and used as needed. Question 13: Estimated usage (number of hours) of prior contract? Answer to Question 13: Refer to question 7 above. Question 14: How many monthly/annually hours are required for this bid? Answer to Question 14: There is no guaranteed number of hours or service utilization as a result of this bid. The intended award will be for services as-needed, and dependent on event size, staffing requirements in Marine & Aviation, and other factors that arise during the contract term. Question 15: What is the current bill rate? Answer to Question 15: See question 8 above. This is an Request for Proposals, and each respondent’s rates are a part of their proposal. Question 16: What was the previous bill rate? Answer to Question 16: See question 8 above. Question 17: What was the contract amount spent last year? Answer to Question 17: The city spent approximately $85,000 in calendar year 2017 for special events security services. Marine & Aviation security and MSB front desk security are new services in this RFP. Page 3 of 3 Question 18: Is there any minimum wage/pay? Answer to Question 18: An employer must pay employees in accordance with the minimum wage law. Question 19: Is there any prevailing wage, living wage ordinance, state or local mandated wage, contract specific wage, or collective bargaining agreement? Answer to Question 19: Refer to question 18; we have no other ordinance or rule. Question 20: Is there a desired page limit for the proposal submission? Answer to Question 20: The RFP does not indicate a page limit for proposals. Question 21: Are there any additional Security guard services to this contract? Answer to Question 21: The intended award will include any unforeseen security services that may be required in the future. Question 22: The Municipal building, lobby reception, post schedule is for 45 weekly hours. Will City personnel cover the desk for daily restroom/lunch breaks thereby reducing the billable hours and potential for routine overtime? If so, what will the billable hours equate to? Answer to Question 22: City personnel will cover the desk for daily restroom breaks as well as a thirty (30) minute lunch break. End of Questions and Answers End of Addenda Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4670 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 14.2 SUBJECT/RECOMMENDATION: Approve an increase of $90,000 to the contract with Wastequip LLC of Statesville, NC for the purchase of compactors and compactor parts for the period ending September 6, 2018; authorize use of the National Joint Powers Alliance (NJPA) contract 041217-WQI for the contract duration ending July 7, 2021 and authorize the appropriate officials to execute the same. (consent) SUMMARY: On September 7, 2017, City Council approved a purchase agreement in the amount of $175,000 with Wastequip LLC, who was chosen through a competitive pricing agreement with the National Joint Powers Alliance contract # 041217-WQI. The Council’s approval was based on our recommendation that $175,000 would be sufficient for the 12-month period. While the approximately 85 city-owned compactors regularly receive maintenance and refurbishment, replacement is occasionally necessary. Also, when we sell this service to new accounts, compactors need to be purchased. For fiscal year 2017/2018 we have need for a total of 13 new compactors (9 for replacement, 4 for new customers) with costs ranging from $18,500 to $22,600. Due to this need, we are requesting an additional $90,000.00 for compactor purchases during this fiscal year. We are also requesting that Council approve the additional years on the NJPA contract # 041217-WQI for the purchase of compactors and compactor parts with Wastequip LLC of Statesville, NC for the duration of the NJPA contract period ending July 7, 2021, pursuant to City Code Section 2.564(1)(b) Intergovernmental Purchasing, purchase of goods or services available on other public competitive bids. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the Fiscal Year 2017/18 Operating Budget of the Solid Waste Fund, Sanitation Collection Charges (0-424-00000-343411) for the increase requested for fiscal 2017/2018. A third quarter budget amendment will add the requested funding for fiscal 2017/2018 to capital expenditure project 315-96444 - Solid Waste Commercial Container Acquisition. Future fiscal year’s funding of $175,000 per year will be available in capital expenditure project 315-96444 - Solid Waste Commercial Container Acquisition. Page 1 City of Clearwater Printed on 6/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9162-18 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9162-18 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2018 to reflect increases and decreases in revenues and expenditures for the Special Development Fund, Special Program Fund, Solid Waste and Recycling Fund, Gas Fund, Airpark Fund, General Services Fund and Garage Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/19/2018 Ordinance No. 9162-18 50 ORDINANCE NO. 9162-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID WASTE AND RECYCLING FUND, GAS FUND, AIRPARK FUND, GENERAL SERVICES FUND AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2018, for operating purposes, including debt service, was adopted by Ordinance No. 9076-17; and WHEREAS, at the Mid Year Review it was found that an increase of $2,481,473 is necessary for revenues and an increase of $2,471,473 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9076-17 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2017 and ending September 30, 2018 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A EXHIBIT A 2017-18 BUDGET REVENUE 2017-18 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2017/18 2017/18 2017/18 Amendments General Fund: Ad Valorem Taxes 48,026,390 48,026,390 48,026,390 - Utility Taxes 14,741,900 14,741,900 14,741,900 - Local Option, Fuel & Other Taxes 6,695,000 6,695,000 6,695,000 - Franchise Fees 10,030,000 10,030,000 10,030,000 - Other Permits & Fees 2,191,500 2,191,500 2,191,500 - Intergovernmental Revenues 22,711,440 22,711,440 22,711,440 - Charges for Services 16,311,460 16,311,460 16,311,460 - Judgments, Fines & Forfeitures 1,189,000 1,189,000 1,189,000 - Miscellaneous Revenues 2,407,910 2,407,910 2,407,910 - Transfers In 10,641,120 10,642,594 10,642,594 - Other Financing Sources - - - - Transfer (to) from Reserves - 7,491,630 7,491,630 Total, General Fund 134,945,720 142,438,824 142,438,824 - Special Revenue Funds: Special Development Fund 25,596,170 25,596,170 25,831,170 235,000 Special Program Fund 884,050 7,236,619 8,539,194 1,302,575 Local Housing Asst Trust Fund 758,970 758,970 758,970 - Utility & Other Enterprise Funds: Water & Sewer Fund 85,471,160 85,471,160 85,471,160 - Stormwater Utility Fund 18,581,870 18,581,870 18,581,870 - Solid Waste & Recycling Fund 27,276,760 43,748,590 43,636,590 (112,000) Gas Fund 49,887,370 55,116,811 56,162,281 1,045,470 Airpark Fund 316,870 316,870 326,870 10,000 Marine Fund 4,569,380 4,569,380 4,569,380 - Clearwater Harbor Marina 762,290 762,290 762,290 - Parking Fund 7,278,140 7,278,140 7,278,140 - - Internal Service Funds: Administrative Services Fund 12,442,220 12,561,880 12,561,880 - General Services Fund 5,188,580 5,242,580 5,242,786 206 Garage Fund 18,661,880 18,732,390 18,732,612 222 Central Insurance Fund 26,100,990 26,113,560 26,113,560 - Total, All Funds 418,722,420 454,526,104 457,007,577 2,481,473 51 Ordinance #9162-18 EXHIBIT A (Continued) EXHIBIT A (Continued) 2017-18 BUDGET EXPENDITURES 2017-18 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2017/18 2017/18 2017/18 Amendments General Fund: City Council 355,960 357,340 357,340 - City Manager's Office 1,011,120 1,029,986 1,029,986 - City Attorney's Office 1,666,230 1,695,529 1,695,529 - City Auditor's Office 218,270 222,810 222,810 - CRA Administration 397,890 407,170 407,170 - Economic Development & Housing Svc 1,833,130 1,855,040 1,855,040 - Engineering 7,755,510 7,857,800 7,857,800 - Finance 2,478,120 2,526,130 2,526,130 - Fire 27,143,410 27,204,574 27,204,574 - Human Resources 1,406,620 1,428,797 1,428,797 - Library 7,307,220 7,385,870 7,385,870 - Marine & Aviation 1,265,420 - - - Non-Departmental 4,917,640 11,417,640 11,417,640 - Official Records & Legislative Svcs 1,172,830 1,186,058 1,186,058 - Parks & Recreation 27,651,460 29,197,110 29,197,110 - Planning & Development 5,678,790 5,826,000 5,826,000 - Police 41,389,690 41,526,460 41,526,460 - Public Communications 1,025,640 1,043,740 1,043,740 - Public Utilities 270,770 270,770 270,770 - Total, General Fund 134,945,720 142,438,824 142,438,824 - Special Revenue Funds: Special Development Fund 25,016,170 25,016,170 25,251,170 235,000 Special Program Fund 834,050 7,186,619 8,489,194 1,302,575 Local Housing Asst Trust Fund 758,970 758,970 758,970 - Utility & Other Enterprise Funds: Water & Sewer Fund 79,652,370 79,955,270 79,955,270 - Stormwater Utility Fund 17,943,500 18,028,870 18,028,870 - Solid Waste & Recycling Fund 27,276,760 43,748,590 43,636,590 (112,000) Gas Fund 49,887,370 55,116,811 56,162,281 1,045,470 Airpark Fund 268,310 269,560 269,560 - Marine Fund 3,907,710 3,930,720 3,930,720 - Clearwater Harbor Marina 651,060 655,700 655,700 - Parking Fund 5,515,960 5,612,950 5,612,950 - Internal Service Funds: Administrative Services Fund 12,442,220 12,561,880 12,561,880 - General Services Fund 5,188,580 5,242,580 5,242,786 206 Garage Fund 18,661,880 18,732,390 18,732,612 222 Central Insurance Fund 26,100,990 26,113,560 26,113,560 - Total, All Funds 409,051,620 445,369,464 447,840,937 2,471,473 52 Ordinance #9162-18 Mid Year Budget Review Fiscal Year 2017-18 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Deputy City Manager Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 7, 2018 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October 2017 through March 2018) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund There are no amendments to the General Fund at mid year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2017 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $20.3 million, or 15.0% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $8.8 million including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $2.3 million. Significant amendments to other City Operating Funds are noted as follows. Gas Fund Expenditure amendments in the Gas Fund reflect an increase of $1,045,470. Significant amendments include increases which total $1,036,280 to various inventory (gas) purchased for resale and increases which total $9,190 to various internal charges and for equipment purchases. These expenditure increases are offset by amendments increasing Gas Fund revenues. Mid Year Budget Review Fiscal Year 2017-18 City Manager's Transmittal Solid Waste and Recycling Fund Mid year amendments to Solid Waste and Recycling Fund expenditures reflect a decrease of $112,000 in garage service charges to offset amendments which reduce revenues. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect a net increase of $284,939. This increase is primarily the result of the transfer of $235,000 of recreation facility impact fees to the Moccasin Lake Park project which was previously approved by Council. Project activity not previously approved by the Council is summarized on page 19. This includes increases in property owners share revenue of $27,100 in the Pinellas New Mains-Service Lines project and $23,868 in the Line Relocation – Pasco Capital project. These amendments will bring the budget in line with actual activity in the project. Special Program Fund The Special Program Fund reflects a net budget increase of $1,302,575 at mid year. Significant amendments include: an increase of $214,932 in insurance proceeds received for Hurricane Irma; $26,100 in receipts from foreclosure registry fees collected; $17,355 from the Pinellas County School Board for Police extra duty; $643,997 in revenues for special events; $219,653 in fines and court proceeds to support public safety programs and the tree replacement program; and $170,212 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2017/18 2017/18 FY 17/18 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 134,945,720 142,438,824 83,738,727 82,805,356 (933,371) -1%- 142,438,824 Expenditures 134,945,720 142,438,824 81,678,721 76,594,203 5,084,518 6%- 142,438,824 Utility Funds: Water & Sewer Fund Revenues 85,471,160 85,471,160 42,748,486 41,807,219 (941,267) -2%- 85,471,160 Expenditures 79,652,370 79,955,270 43,256,473 40,621,353 2,635,120 6%- 79,955,270 Stormwater Fund Revenues 18,581,870 18,581,870 9,296,232 9,439,074 142,842 2%- 18,581,870 Expenditures 17,943,500 18,028,870 12,388,166 11,747,802 640,364 5%- 18,028,870 Gas Fund Revenues 49,887,370 55,116,811 21,528,383 24,715,119 3,186,736 15%1,045,470 56,162,281 Expenditures 49,887,370 55,116,811 38,777,695 36,365,766 2,411,929 6%1,045,470 56,162,281 Solid Waste and Recycling Fund Revenues 27,276,760 43,748,590 12,895,300 13,059,018 163,718 1%(112,000) 43,636,590 Expenditures 27,276,760 43,748,590 32,516,430 30,854,142 1,662,288 5%(112,000) 43,636,590 Enterprise Funds: Marine Fund Revenues 4,569,380 4,569,380 2,009,000 2,123,353 114,353 6%- 4,569,380 Expenditures 3,907,710 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Airpark Fund Revenues 316,870 326,870 168,780 171,162 2,382 1%- 326,870 Expenditures 268,310 269,560 165,080 166,293 (1,213) -1%- 269,560 Clearwater Harbor Marina Fund Revenues 762,290 762,290 380,956 434,062 53,106 14%- 762,290 Expenditures 651,060 655,700 358,202 295,884 62,318 17%- 655,700 Parking Fund Revenues 7,278,140 7,278,140 3,236,530 2,838,416 (398,114) -12%- 7,278,140 Expenditures 5,515,960 5,612,950 3,205,090 3,033,039 172,051 5%- 5,612,950 Internal Service Funds: General Services Fund Revenues 5,188,580 5,242,580 2,497,168 2,590,230 93,062 4%206 5,242,786 Expenditures 5,188,580 5,242,580 2,862,538 2,955,315 (92,777) -3%206 5,242,786 Administrative Services Revenues 12,442,220 12,561,880 5,806,956 5,677,397 (129,559) -2%- 12,561,880 Expenditures 12,442,220 12,561,880 7,353,789 6,774,023 579,766 8%- 12,561,880 Garage Fund Revenues 18,661,880 18,732,390 9,209,422 7,922,348 (1,287,074) -14%222 18,732,612 Expenditures 18,661,880 18,732,390 9,913,094 8,213,327 1,699,767 17%222 18,732,612 Central Insurance Fund Revenues 26,100,990 26,113,560 12,887,628 12,482,479 (405,149) -3%- 26,113,560 Expenditures 26,100,990 26,113,560 13,084,700 10,521,753 2,562,947 20%- 26,113,560 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2017-18 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 6 Other Enterprise Funds Operating Budgets ................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................... 15 Capital Improvement Program Budget ........................................................................................ 19 Special Program Fund Budget ....................................................................................................... 41 Special Development Fund ........................................................................................................... 46 Administrative Change Orders ...................................................................................................... 49 Ordinances ..................................................................................................................................... 50 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 2017 through March 31, 2018. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2018. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 18, 2017. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Capital Improvement Projects The amended 2017/18 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2017, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Other Permits and Fees - At mid year,other permits and fee revenues reflect a 46% positive variance primarily due to better than projected building/sign permit revenues.No amendment is proposed at this time. Miscellaneous - At mid year,miscellaneous revenues reflect a 37%positive variance.This is primarily due to the timing of receipt of the p- card rebate. No amendments are proposed. At mid year,transfer in revenues reflect 22%negative variance due to the timing of the gas dividend payment.No amendments are proposed. - Net General Fund Revenue Amendment City of Clearwater General Fund Revenues Mid Year Amendments FY 2017/18 Transfers In 3 Increase/ (Decrease)Description At mid year,the City Attorney's Office reflects a 19%positive variance primarily due to savings in salaries and contractual services. The Finance department reflects a 17%positive variance at mid year primarily due to salary savings. The Human Resources department reflects a 27%positive variance at mid year primarily due to salary savings. The Library department reflects an 11%positive variance at mid year primarily due to savings in salaries and lower than projected operating expenditures. Non-Departmental At mid year,the 15%positive variance is due to the timing of the payment for the Ruth Eckerd Hall capital funding agreement which was amended at first quarter. - - Finance City of Clearwater General Fund Expenditures Mid Year Amendments FY 2017/18 City Attorney's Office Net General Fund Expenditure Amendment Library Human Resources 4 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 48,026,390 43,993,300 44,486,473 493,173 1%- 48,026,390 Utility Taxes 14,741,900 5,965,452 6,493,881 528,429 9%- 14,741,900 Local Option, Fuel and Other Taxes 6,695,000 3,556,900 3,536,294 (20,606) -1%- 6,695,000 Franchise Fees 10,030,000 4,231,665 3,850,638 (381,027) -9%- 10,030,000 Other Permits & Fees 2,191,500 1,095,750 1,598,125 502,375 46%- 2,191,500 Intergovernmental 22,711,440 8,968,080 8,669,126 (298,954) -3%- 22,711,440 Charges for Services 16,311,460 7,795,566 7,112,175 (683,391) -9%- 16,311,460 Judgments, Fines and Forfeitures 1,189,000 556,170 607,573 51,403 9%- 1,189,000 Miscellaneous Revenues 2,407,910 967,218 1,320,413 353,195 37%- 2,407,910 Transfers In 10,642,594 6,608,626 5,130,658 (1,477,968) -22%- 10,642,594 Total Revenues 134,947,194 83,738,727 82,805,356 (933,371) -1%- 134,947,194 Transfer (to) from Surplus 7,491,630 - - - ~- 7,491,630 Adjusted Revenues 142,438,824 83,738,727 82,805,356 (933,371) -1%- 142,438,824 General Fund Expenditures City Council 357,340 215,049 194,040 21,009 10%- 357,340 City Manager's Office 1,029,986 533,005 488,000 45,005 8%- 1,029,986 City Attorney's Office 1,695,529 878,183 712,154 166,029 19%- 1,695,529 City Auditor's Office 222,810 118,188 109,424 8,764 7%- 222,810 CRA Administration 407,170 221,268 237,814 (16,546) -7%- 407,170 Economic Development and Housing 1,855,040 1,189,885 1,066,650 123,236 10%- 1,855,040 Engineering 7,857,800 4,086,011 3,783,267 302,744 7%- 7,857,800 Finance 2,526,130 1,369,740 1,136,953 232,787 17%- 2,526,130 Fire 27,204,574 14,229,943 14,171,333 58,610 0%- 27,204,574 Human Resources 1,428,797 754,018 546,850 207,168 27%- 1,428,797 Library 7,385,870 3,997,812 3,572,358 425,454 11%- 7,385,870 Marine and Aviation - - - - ~- - Non-Departmental 11,417,640 10,324,332 8,800,764 1,523,568 15%11,417,640 Official Records and Legislative Svcs 1,186,058 670,651 612,344 58,307 9%- 1,186,058 Parks & Recreation 29,197,110 16,993,662 15,937,431 1,056,231 6%- 29,197,110 Planning & Development 5,826,000 3,163,572 2,907,297 256,275 8%- 5,826,000 Police 41,526,460 22,241,674 21,665,227 576,447 3%- 41,526,460 Public Communications 1,043,740 556,344 519,838 36,506 7%- 1,043,740 Public Utilities 270,770 135,384 132,461 2,923 2%- 270,770 Total Expenditures 142,438,824 81,678,721 76,594,203 5,084,518 6%- 142,438,824 For Six Month Period of October 1, 2017- March 31, 2018 GENERAL FUND MID YEAR REVIEW 5 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 84,535,160 42,267,582 41,036,825 (1,230,757) -3%- 84,535,160 Judgments, Fines and Forfeits 271,000 135,498 155,052 19,554 14%- 271,000 Miscellaneous 665,000 345,406 506,062 160,656 47%- 665,000 Transfers In - - 109,280 109,280 ~- - Fund Equity - - - - ~- - Total Revenues 85,471,160 42,748,486 41,807,219 (941,267) -2%- 85,471,160 Water & Sewer Expenditures: Public Utilities Administration 1,631,910 845,524 750,489 95,035 11%- 1,631,910 Wastewater Collection 7,597,430 3,949,487 3,520,162 429,325 11%- 7,597,430 Public Utilities Maintenance 6,804,170 3,518,579 3,279,015 239,564 7%- 6,804,170 WPC / Plant Operations 14,731,550 7,754,636 7,231,121 523,515 7%- 14,731,550 WPC / Laboratory Operations 1,590,280 825,675 732,087 93,588 11%- 1,590,280 WPC / Industrial Pretreatment 947,880 496,963 447,182 49,781 10%- 947,880 Water Distribution 9,145,040 4,861,923 4,570,182 291,741 6%- 9,145,040 Water Supply 22,359,930 13,370,025 12,415,856 954,169 7%- 22,359,930 Reclaimed Water 3,149,330 1,634,789 1,435,085 199,704 12%- 3,149,330 Non-Departmental 11,997,750 5,998,872 6,240,173 (241,301) -4%- 11,997,750 Total Expenditures 79,955,270 43,256,473 40,621,353 2,635,120 6%- 79,955,270 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At mid year, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $5,515,890 for fiscal year 2017/18. No amendments are proposed to Water and Sewer Fund revenues at mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year. For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW 6 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 18,176,870 9,088,434 9,153,002 64,568 1%- 18,176,870 Judgments, Fines and Forfeits 70,000 34,998 38,022 3,024 9%- 70,000 Miscellaneous 335,000 172,800 248,050 75,250 44%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,581,870 9,296,232 9,439,074 142,842 2%- 18,581,870 Stormwater Expenditures: Stormwater Management 11,488,590 8,978,182 8,730,778 247,404 3%- 11,488,590 Stormwater Maintenance 6,540,280 3,409,984 3,017,024 392,960 12%- 6,540,280 Total Expenditures 18,028,870 12,388,166 11,747,802 640,364 5%- 18,028,870 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year. At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $553,000 for fiscal year 2017/18. 7 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 41,867,621 21,211,073 24,367,265 3,156,192 15%1,190,000 43,057,621 Judgments, Fines and Forfeits 132,000 66,000 69,706 3,706 6%- 132,000 Miscellaneous 484,500 250,650 277,488 26,838 11%7,000 491,500 Transfers In 660 660 660 - 0%- 660 Fund Equity 12,632,030 - - - ~(151,530) 12,480,500 Total Revenues 55,116,811 21,528,383 24,715,119 3,186,736 15%1,045,470 56,162,281 Gas Expenditures: Administration & Supply 22,008,637 11,804,576 9,754,498 2,050,078 17%269,000 22,277,637 South Area Gas Operations 12,080,089 4,864,212 4,822,425 41,787 1%408,840 12,488,929 North Area Gas Operations 5,713,440 4,065,745 3,886,664 179,081 4%300,360 6,013,800 Marketing & Sales 15,314,645 18,043,162 17,902,179 140,983 1%67,270 15,381,915 Total Expenditures 55,116,811 38,777,695 36,365,766 2,411,929 6%1,045,470 56,162,281 GAS FUND (continued) Increase/ (Decrease)Amendment Description: Gas Fund Revenues:1,045,470 Gas Fund Expenditures:1,045,470 At mid year, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,Gas Fund revenues reflect amendments which net an increase of $1,045,470.Amendments include the following:1)an increase totaling $1,190,000 in Charges for Service revenues representing increases in various gas sales and installation charges; 2)an increase of $7,000 to other general revenue,and 3)a reduction of $151,530 to the use of reserves which represents the net increase in revenues over expenditure amendments at mid year. Mid year expenditure amendments reflect a net increase of $1,045,470.Amendments include:1)a net increase of $1,036,280 in operating expenses due primarily to increased inventory (gas) purchases for resale;2)a net increase of $5,490 to various internal charges,and 3)an increase of $3,700 to equipment purchases all to bring the budget in line with actual activity to date. 8 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 600 848 248 41%- 1,200 Charges for Service 22,509,500 11,254,752 11,377,009 122,257 1%20,000 22,529,500 Judgments, Fines and Forfeits 85,100 42,546 44,860 2,314 5%- 85,100 Miscellaneous 553,000 272,902 412,383 139,481 51%(20,000) 533,000 Transfers In - - - - ~- - Solid Waste Revenues 23,148,800 11,570,800 11,835,100 264,300 2%- 23,148,800 Recycling Revenues: Other Permits and Fees 400 198 345 147 74%- 400 Intergovernmental 82,800 82,800 - (82,800) -100%- 82,800 Charges for Service 2,157,000 1,086,998 1,104,447 17,449 2%- 2,157,000 Judgments, Fines and Forfeits 8,000 4,002 4,472 470 12%- 8,000 Miscellaneous 319,200 150,502 114,654 (35,848) -24%(112,000) 207,200 Transfers In - - - - ~- - Recycling Revenues 2,567,400 1,324,500 1,223,918 (100,582) -8%(112,000) 2,455,400 Fund Equity 18,032,390 - - - ~- 18,032,390 Total Revenues 43,748,590 12,895,300 13,059,018 163,718 1%(112,000) 43,636,590 Solid Waste Expenditures: Collection 17,432,520 9,462,271 8,311,394 1,150,877 12%- 17,432,520 Transfer 17,721,970 16,961,874 16,906,763 55,111 0%- 17,721,970 Container Maintenance 898,810 477,623 433,535 44,088 9%- 898,810 Administration 976,120 507,584 524,534 (16,950) -3%- 976,120 Solid Waste Expenditures 37,029,420 27,409,352 26,176,227 1,233,125 4%- 37,029,420 Recycling Expenditures: Residential 1,422,900 748,162 649,376 98,786 13%(20,000) 1,402,900 Multi-Family 474,100 247,360 231,222 16,138 7%- 474,100 Commercial 4,822,170 4,111,556 3,797,318 314,238 8%(92,000) 4,730,170 Recycling Expenditures 6,719,170 5,107,078 4,677,916 429,162 8%(112,000) 6,607,170 Total Expenditures 43,748,590 32,516,430 30,854,142 1,662,288 5%(112,000) 43,636,590 At mid year, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2017/18. 9 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:(112,000) Solid Waste and Recycling Fund Expenditures:(112,000) Amendments to Solid Waste and Recycling fund revenues reflect a net decrease of $112,000 at mid year.Amendments include a decrease of $84,000 in sales of recyclables due to reduce market prices on cardboard;and a decrease of $28,000 in interest on investment revenues. Amendments to Solid Waste and Recycling fund expenditures reflect a decrease of $112,000 in garage service charges to offset reduced revenues. 10 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,000 - 1,619 1,619 ~- 4,000 Charges for Service 4,512,380 1,982,696 2,054,307 71,611 4%- 4,512,380 Judgments, Fines and Forfeits 3,000 1,500 2,128 628 42%- 3,000 Miscellaneous Revenue 50,000 24,804 65,299 40,495 163%- 50,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,569,380 2,009,000 2,123,353 114,353 6%- 4,569,380 Marine Expenditures: Marina Operations 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Total Expenditures 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $638,660 for fiscal year 2017/18. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW 11 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - - ~- - Charges for Service 732,490 366,252 422,025 55,773 15%- 732,490 Judgments, Fines and Forfeits 800 402 199 (203) -50%- 800 Miscellaneous Revenue 29,000 14,302 11,838 (2,464) -17%- 29,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 762,290 380,956 434,062 53,106 14%- 762,290 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 655,700 358,202 295,884 62,318 17%- 655,700 Total Expenditures 655,700 358,202 295,884 62,318 17%- 655,700 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- Clearwater Harbor Marina Fund revenues reflect a 14% positive variance at mid year due to better than anticipated slip rental revenues. No amendments are proposed. Mid year expenditures in the Clearwater Harbor Marina Fund reflect a 17%positive variance due to savings in salaries and utilities costs. No amendments are proposed. At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $106,590 for fiscal year 2017/18. 12 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 19,000 9,498 8,455 (1,043) -11%- 19,000 Miscellaneous Revenue 297,870 149,282 152,707 3,425 2%- 297,870 Transfers In 10,000 10,000 10,000 - 0%- 10,000 Fund Equity - - - - ~- - Total Revenues 326,870 168,780 171,162 2,382 1%- 326,870 Airpark Expenditures: Airpark Operations 269,560 165,080 166,293 (1,213) -1%- 269,560 Total Expenditures 269,560 165,080 166,293 (1,213) -1%- 269,560 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $57,310 for fiscal year 2017/18. No amendments are proposed to Airpark Fund revenues at mid year.The ordinance reflects an increase of $10,000 for the first quarter amendment that was left out of the ordinance in error. No amendments are proposed to Airpark Fund expenditures at mid year. 13 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 6,381,140 2,831,548 2,513,283 (318,265) -11%- 6,381,140 Judgments, Fines and Forfeits 630,000 276,280 228,966 (47,314) -17%- 630,000 Miscellaneous Revenue 267,000 128,702 96,167 (32,535) -25%- 267,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 7,278,140 3,236,530 2,838,416 (398,114) -12%- 7,278,140 PARKING FUND EXPENDITURES Engineering/Parking System 4,091,940 2,418,621 2,397,377 21,244 1%- 4,091,940 Engineering/Parking Enforcement 629,080 291,395 236,116 55,279 19%- 629,080 Parks & Rec/Beach Guards 891,930 495,074 399,546 95,528 19%- 891,930 Total Expenditures 5,612,950 3,205,090 3,033,039 172,051 5%- 5,612,950 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- Parking revenues reflect a 12%negative variance at mid year primarily due to the seasonal timing of parking receipts.No amendments are proposed. No amendments are proposed to Parking Fund expenditures at mid year. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,665,190 for fiscal year 2017/18. 14 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,974,920 2,487,468 2,558,528 71,060 3%- 4,974,920 Miscellaneous Revenues 20,000 9,700 31,702 22,002 227%- 20,000 Transfers In - - - - ~206 206 Fund Equity 247,660 - - - ~- 247,660 Total Revenues 5,242,580 2,497,168 2,590,230 93,062 4%206 5,242,786 General Services Expenditures: Administration 388,960 214,420 200,034 14,386 7%38 388,998 Building & Maintenance 4,853,620 2,648,118 2,755,282 (107,164) -4%168 4,853,788 Total Expenditures 5,242,580 2,862,538 2,955,315 (92,777) -3%206 5,242,786 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:206 General Services Fund Expenditures:206 For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,General Services Fund revenues reflect an increase of $206.00 to transfer-in revenues recognizing safety award funding from the Central Insurance Fund. At mid year,General Services Fund expenditures reflect an increase of $206.00 to employee recognition for receipt of the quarterly safety award. 15 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 11,517,320 5,758,656 5,604,931 (153,725) -3%- 11,517,320 Miscellaneous Revenues 100,000 48,300 72,466 24,166 50%- 100,000 Transfers In - - - - ~- - Fund Equity 944,560 - - - ~- 944,560 Total Revenues 12,561,880 5,806,956 5,677,397 (129,559) -2%- 12,561,880 Administrative Services Expenditures: Info Tech / Admin 386,090 209,153 194,477 14,676 7%- 386,090 Info Tech / Network Svcs 3,808,130 2,132,242 1,878,343 253,899 12%- 3,808,130 Info Tech / Software Applications 3,648,070 2,490,807 2,463,589 27,218 1%- 3,648,070 Info Tech / Telecommunications 870,330 440,693 327,439 113,254 26%- 870,330 Public Comm / Courier 177,080 88,850 76,202 12,648 14%- 177,080 Clearwater Customer Service 3,672,180 1,992,044 1,833,973 158,071 8%- 3,672,180 Total Expenditures 12,561,880 7,353,789 6,774,023 579,766 8%- 12,561,880 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2017/18. No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. 16 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,762,040 8,881,020 7,729,831 (1,151,189) -13%- 17,762,040 Miscellaneous Revenues 696,000 328,402 192,517 (135,885) -41%- 696,000 Transfers In - - - - ~222 222 Fund Equity 274,350 - - - ~- 274,350 Total Revenues 18,732,390 9,209,422 7,922,348 (1,287,074) -14%222 18,732,612 Garage Fund Expenditures: Fleet Maintenance 16,906,120 8,941,712 7,347,610 1,594,102 18%210 16,906,330 Radio Communications 1,826,270 971,382 865,716 105,666 11%12 1,826,282 Total Expenditures 18,732,390 9,913,094 8,213,327 1,699,767 17%222 18,732,612 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:222 Garage Fund Expenditures:222 At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,Garage Fund revenues reflect a 14%negative variance primarily due to lower than anticipated garage charges to departments.Amendments increase transfer-in revenues by $222.00 to recognize safety award funding from the Central Insurance Fund. Garage fund expenditures reflect a 17%positive variance at mid year due to lower than projected fuel costs.Amendments increase employee recognition by $222.00 for receipt of the quarterly safety award. 17 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,389,450 12,694,728 12,118,305 (576,423) -5%- 25,389,450 Miscellaneous Revenues 400,000 192,900 364,174 171,274 89%- 400,000 Transfers In - - - - ~- - Fund Equity 324,110 - - - ~- 324,110 Total Revenues 26,113,560 12,887,628 12,482,479 (405,149) -3%- 26,113,560 Central Insurance Expenditures: Finance / Risk Management 497,650 260,298 146,464 113,834 44%- 497,650 HR / Employee Benefits 399,710 216,302 187,840 28,462 13%- 399,710 HR / Employee Health Clinic 1,691,490 845,742 646,395 199,347 24%- 1,691,490 Non-Departmental 23,524,710 11,762,358 9,541,054 2,221,304 19%- 23,524,710 Total Expenditures 26,113,560 13,084,700 10,521,753 2,562,947 20%- 26,113,560 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at mid year. At mid year,expenditures in the Central Insurance Fund reflect a 20%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2017/18. 18 CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2017/18 19 The amended 2017/18 Capital Improvement Program budget report is submitted for the City Council's mid year review. The net proposed amendment is a budget increase in the amount of $284,939. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity: ➢ Pinellas New Mains-Service Lines - To record a budget increase in the amount of $27,100.07 of property owners share revenue. This will bring budgeted revenues in line with actual cash receipts. ➢ Line Relocation-Pasco-Capital - To record a budget increase in the amount of $23,867.91 of property owners share revenue. This will bring budgeted revenues in line with actual cash receipts. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Moccasin Lake Park Master Plan Renovation 235,000 03/01/18 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police District 3 Sub Station - CLOSE PROJECT 1 315-91152 (200,000) To record a budget transfer in the amount of $200,000.00 of General Fund revenue,to project PD00180001,Police District 3 Sub Station for conversion to new project accounting software.This project will be closed.(200,000) Police District 3 Sub Station - NEW PROJECT 2 PD00180001 200,000 To record a budget transfer in the amount of $200,000.00 of General Fund revenue,from project 315- 91152, Police District 3 Sub Station. 200,000 Druid Road Improvements - CLOSE PROJECT 3 315-92146 (3,483,646) To record budget transfers in the amount of $1,191,861.70 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $2,291,784.00 of Florida Department of Transportation grant revenue,to project ENRD180001,Druid Road Trail for conversion to new project accounting software. This project will be closed.(3,483,646) Druid Road Trail - NEW PROJECT 4 ENRD180001 3,483,646 To record budget transfers in the amount of $1,191,861.70 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $2,291,784.00 of Florida Department of Transportation grant revenue,from project 315-92146, Druid Road Improvements. 3,483,646 5 315-92274 (5,563,832) To record a budget transfer in the amount of $5,563,832.47 of Local Option Fuel Tax revenue to project ENRD180002,Bridge Maintenance & Improvements for conversion to new project accounting software. This project will be closed.(5,563,832) 6 ENRD180002 5,563,832 To record a budget transfer in the amount of $5,563,832.47 of Local Option Fuel Tax revenue from project 315-92274,Bridge Maintenance & Improvements. 5,563,832 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Bridge Maintenance & Improvements - NEW PROJECT Bridge Maintenance & Improvements - CLOSE PROJECT 20 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Traffic Calming Program - CLOSE PROJECT 7 315-92276 (1,062,932) To record budget transfers in the amount of $1,062,931.82 which includes:$562,931.82 of Infrastructure Sales Tax (Penny for Pinellas)revenue; $300,000.00 of Multi-Modal Impact Fees,and $200,000.00 of Local Option Fuel Tax revenue to project ENRD180003,Traffic Calming for conversion to new project accounting software. This project will be closed.(1,062,932) Traffic Calming - NEW PROJECT 8 ENRD180003 1,062,932 To record a budget transfer in the amount of $1,062,931.82 which includes:$562,931.82 of Infrastructure Sales Tax (Penny for Pinellas)revenue; $300,000.00 of Multi-Modal Impact Fees,and $200,000.00 of Local Option Fuel Tax revenue from project 315-92276, Traffic Calming Program. 1,062,932 Streets & Sidewalks - CLOSE PROJECT 9 315-92277 (5,852,121) To record a budget transfer in the amount of $5,852,121.21 of Road Millage revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software.This project will be closed.(5,852,121) Streets and Sidewalks - NEW PROJECT 10 ENRD180004 7,348,740 To record budget transfers in the amount of $5,852,121.21 of Road Millage revenue from project 315- 92277,Streets &Sidewalks;$52,421.89 of Fuel Tax revenue from project 315-94839,Roadway &Traffic Asset Management;and $1,444,196.61 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315- 92339, New Sidewalks. 7,348,740 Downtown Streetscaping - CLOSE PROJECT 11 315-92278 (3,645,672) To record a budget transfer in the amount of $3,645,672.08 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180001,Downtown Streetscaping for conversion to new project accounting software. This project will be closed.(3,645,672) 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Downtown Streetscaping - NEW PROJECT 12 ENGF180001 3,645,672 To record a budget transfer in the amount of $3,645,672.08 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-92278,Downtown Streetscaping. 3,645,672 New Sidewalks - CLOSE PROJECT 13 315-92339 (1,444,197) To record a budget transfer in the amount of $1,444,196.61 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software. This project will be closed.(1,444,197) 14 315-92559 (495,582) To record budget transfers of $261,269.58 of Multi- Modal Impact Fees;$1,990.00 of Local Option Fuel Tax; $45,000.00 of Road Millage revenue;and $187,322.00 in other governmental revenue (CSX)to project ENRD180005,City Wide Intersection Improvements for conversion to new project accounting software.This project will be closed.(495,582) City-Wide Intersections Improvement - NEW PROJECT 15 ENRD180005 1,995,273 To record budget transfers in the amount of $261,269.58 of Multi-Modal Impact Fees,$1,990.00 of Local Option Fuel Tax,$45,000.00 of Road Millage revenue,and $187,322.00 in other governmental revenue (CSX)from project 315-92559,City-Wide Intersection Improvements;budget transfers of $737,927.16 of Multi-Modal Impact Fees,$536,764.74 of Local Option Fuel Tax,and $225,000.00 of Road Millage revenue from project 315-92562,Intersection Improvements. 1,995,273 Signal Renovations - CLOSE PROJECT 16 315-92560 (408,440) To record a budget transfer in the amount of $408,439.64 of Local Option Fuel Tax revenue to project ENRD180006,Traffic Signals for conversion to new project accounting software.This project will be closed.(408,440) City-Wide Intersections Improvement - CLOSE PROJECT 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 New Signal Installations - CLOSE PROJECT 17 315-92561 (150,121) To record a budget transfer in the amount of $150,120.64 of Multi-Modal Impact Fees to project ENRD180006,Traffic Signals for conversion to new project accounting software. This project will be closed.(150,121) Traffic Signals - NEW PROJECT 18 ENRD180006 558,560 To record a budget transfer in the amount of $408,439.64 of Local Option Fuel Tax revenue from project 315-92560,Signal Renovations and $150,120.64 of Multi-Modal Impact Fees from project 315-92561, New Signal Installation. 558,560 Intersection Improvements - CLOSE PROJECT 19 315-92562 (1,499,766) To record the following budget transfers:$73.81 of Multi-Modal Impact fee to project 315-92845, Clearwater Beach Transit Center;and $737,927.16 of Multi-Modal Impact Fees,$536,764.74 of Local Option Fuel Tax,and $225,000.00 of Road Millage revenue to project ENRD180005,City-Wide Intersection Improvements for conversion to new project accounting software. This project will be closed.(1,499,766) Traffic Safety Infrastructure - CLOSE PROJECT 20 315-92563 (958,011) To record budget transfers of $190,000.00 of Multi- Modal Impact Fees,$588,011.30 of Local Option Fuel Tax,and $180,000.00 of Road Millage revenue to project ENRD180007,Traffic Safety Infrastructure for conversion to new project accounting software.This project will be closed.(958,011) Traffic Safety Infrastructure - NEW PROJECT 21 ENRD180007 958,011 To record budget transfers of $190,000.00 of Multi- Modal Impact Fees;$588,011.30 of Local Option Fuel Tax and $180,000.00 of Road Millage revenue from project 315-92563, Intersection Improvements. 958,011 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Downtown Intermodal - CLOSE PROJECT 22 315-92839 (878,678) To record budget transfers of $491,068.54 of Infrastructure Sales Tax (Penny for Pinellas)revenue, and $387,609.77 of General Fund revenue to project ENGF180002,Downtown Intermodal for conversion to new project accounting software.This project will be closed. 388-92839 (46,078) To record a budget transfer in the amount of $46,078.00 of Community Redevelopment Agency revenue to project ENGF180002,Downtown Intermodal.This project will be closed.(924,756) Downtown Intermodal - NEW PROJECT 23 ENGF180002 924,756 To record budget transfers of $491,068.54 of Infrastructure Sales Tax (Penny for Pinellas)revenue, $387,609.77 of General Fund revenue,and $46,078.00 of Community Redevelopment Agency revenue from projects 315-92839 and 388-92839,Downtown Intermodal. 924,756 Miscellaneous Engineering - CLOSE PROJECT 24 315-92841 (196,206) To record a budget transfer of $196,206.32 of General Fund revenue to project ENGF180003,Miscellaneous Engineering for conversion to new project accounting software. This project will be closed.(196,206) Miscellaneous Engineering - NEW PROJECT 25 ENGF180003 196,206 To record a budget transfer of $196,206.32 of General Fund revenue from project 315-92841,Miscellaneous Engineering. 196,206 Survey Equipment Replacement - CLOSE PROJECT 26 315-92843 (7,788) To record a budget transfer of $7,787.75 of General Fund revenue to project ENGF180004,Survey Equipment Replacement for conversion to new project accounting software. This project will be closed.(7,788) Survey Equipment Replacement - NEW PROJECT 27 ENGF180004 7,788 To record a budget transfer of $7,787.75 of General Fund revenue from project 315-92843,Survey Equipment Replacement. 7,788 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Clearwater Beach Transit Center 28 315-92845 74 To record a budget transfer of $73.81 of Multi-Modal Impact Fees from project 315-92562,Intersection Improvements.74 29 315-93277 (132,441) To record a budget transfer of $132,440.61 of Harborview Fund revenue to project ENGF180013, Imagine Clearwater for conversion to new project accounting software. This project will be closed.(132,441) City-wide Seawall Replacement - CLOSE PROJECT 30 315-93412 (1,018,689) To record a budget transfer of $1,018,689.29 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180006,Citywide Docks and Seawalls for conversion to new project accounting software.This project will be closed.(1,018,689) City-wide Docks and Seawall - NEW PROJECT 31 ENGF180006 1,412,502 To record a budget transfer of $1,018,689.29 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-93412,Citywide Seawall Replacement; and a budget transfer of $393,813.13 of General Fund revenue from project 315-93497, Docks and Seawalls. 1,412,502 32 315-93425 (6,748,000) To record budget transfers of $1,748,000.00 in General Fund revenue,and $5,000,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180014, Seminole Boat Launch Improvements for conversion to new project accounting software.This project will be closed.(6,748,000) Seminole Boat Launch Improvements - NEW PROJECT 33 ENGF180014 6,748,000 To record budget transfers of $1,748,000.00 in General Fund revenue and $5,000,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315- 93425, Seminole Boat Launch Improvements. 6,748,000 Harborview Infrastructure Repair-Improvement - CLOSE PROJECT Seminole Boat Launch Improvements - CLOSE PROJECT 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Docks & Seawalls - CLOSE PROJECT 34 315-93497 (393,813) To record a budget transfer of $393,813.13 of General Fund revenue to project ENGF180006,Citywide Docks and Seawalls for conversion to new project accounting software. This project will be closed.(393,813) Phillip Jones Park Renovations - CLOSE PROJECT 35 315-93631 (224,726) To record a budget transfer of $224,726.09 of Solid Waste revenue to project ENGF180007,Phillip Jones Park for conversion to new project accounting software. This project will be closed.(224,726) Phillip Jones Park Renovations - NEW PROJECT 36 ENGF180007 224,726 To record a budget transfer of $224,726.09 of Solid Waste revenue from project 315-93631,Phillip Jones Park Renovations. 224,726 Moccasin Lake Park Master Plan Renovation 37 315-93648 235,000 To record a budget increase of $235,000.00 of Recreation Facility Impact Fee revenues from the Special Development Fund.This was approved by the City Council on March 1, 2018. 235,000 Police Radio P25 Upgrade - CLOSE PROJECT 38 366-94243 (200,000) To record a budget transfer of $200,000.00 of Garage Fund revenue to project GSFL180002,P25 Radio Equipment &Infrastructure for conversion to new project accounting software. This project will be closed.(200,000) 39 GSFL180002 200,000 To record a budget transfer of $200,000.00 of Garage Fund revenue from project 366-94243,Police Radio P25 Upgrade.200,000 Fleet Industrial Fans - CLOSE PROJECT 40 366-94245 (5,520) To record a budget transfer of $5,519.99 of Garage Fund revenue to project GSFL180001,Fleet Facility R&R for conversion to new project accounting software.This project will be closed.(5,520) Fleet Facility R&R - NEW PROJECT 41 GSFL180001 5,520 To record a budget transfer in the amount of $5,519.99 of Garage Fund revenue from project 366-94245,Fleet Industrial Fans.5,520 P25 Radio Equipment & Infrastructure - NEW PROJECT 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Air Condition Replace City Wide - CLOSE PROJECT 42 365-94510 (704,436) To record a budget transfer of $704,436.00 of General Fund revenue to project GSBM180001,Air Condition Replace City Wide for conversion to new project accounting software. This project will be closed.(704,436) Air Condition Replace City Wide - NEW PROJECT 43 GSBM180001 704,436 To record a budget transfer of $704,436.00 of General Fund revenue from project 365-94510,Air Condition Replace City Wide.704,436 Roof Repair - CLOSE PROJECT 44 365-94512 (124,213) To record a budget transfer of $124,213.39 of General Fund revenue to project GSBM180003,Roof Repair and Replacement for conversion to new project accounting software. This project will be closed.(124,213) Roof Replacement - CLOSE PROJECT 45 365-94514 (1,021,196) To record a budget transfer of $1,021,196.06 of General Fund revenue to project GSBM180003,Roof Repair and Replacement for conversion to new project accounting software. This project will be closed.(1,021,196) Roof Repair and Replacement - NEW PROJECT 46 GSBM180003 1,145,409 To record a budget transfer of $124,213.39 of General Fund revenue from project 365-94512,Roof Repair;and a budget transfer of $1,021,196.06 of General Fund revenue from project 365-94514, Roof Replacement.1,145,409 Painting of Facilities - CLOSE PROJECT 47 365-94517 (517,923) To record a budget transfer of $517,922.64 of General Fund revenue to project GSBM180004,Painting of Facilities for conversion to new project accounting software. This project will be closed.(517,923) Painting of Facilities - NEW PROJECT 48 GSBM180004 517,923 To record a budget transfer in the amount of $517,922.64 of General Fund revenue from project 365- 94517, Painting of Facilities.517,923 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Fencing of Facilities - CLOSE PROJECT 49 365-94518 (143,170) To record a budget transfer of $143,169.75 of General Fund revenue to project GSBM180005,Fencing of Facilities for conversion to new project accounting software. This project will be closed.(143,170) Fencing of Facilities - NEW PROJECT 50 GSBM180005 143,170 To record a budget transfer of $143,169.75 of General Fund revenue from project 365-94518,Fencing of Facilities.143,170 Flooring for Facilities - CLOSE PROJECT 51 365-94519 (577,837) To record a budget transfer of $577,836.92 of General Fund revenue to project GSBM180002,Flooring for Facilities for conversion to new project accounting software. This project will be closed.(577,837) Flooring for Facilities - NEW PROJECT 52 GSBM180002 577,837 To record a budget transfer of $577,836.92 of General Fund revenue from project 365-94519,Flooring for Facilities.577,837 53 365-94521 (460,576) To record a budget transfer of $460,575.68 of General Fund revenue to project GSBM180007,Elevator Refurbishment-Modernization for conversion to new project accounting software. This project will be closed.(460,576) 54 GSBM180007 460,576 To record a budget transfer of $460,575.68 of General Fund revenue from project 365-94521,Elevator Refurbishment-Modernization.460,576 Light Replacement & Repair - CLOSE PROJECT 55 365-94528 (178,197) To record a budget transfer of $178,196.55 of General Fund revenue to project GSBM180006,Light Replacement &Repair for conversion to new project accounting software. This project will be closed.(178,197) Light Replacement & Repair - NEW PROJECT 56 GSBM180006 178,197 To record a budget transfer of $178,196.55 of General Fund revenue from project 365-94528,Light Replacement & Repair.178,197 Elevator Refurbishment-Modernization - CLOSE PROJECT Elevator Refurbishment-Modernization - NEW PROJECT 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Building Systems - CLOSE PROJECT 57 365-94530 (518,377) To record a budget transfer of $518,377.34 of General Fund revenue to project GSBM180008,Building Systems for conversion to new project accounting software. This project will be closed.(518,377) Building Systems - NEW PROJECT 58 GSBM180008 518,377 To record a budget transfer of $518,377.34 of General Fund revenue from project 365-94530,Building Systems.518,377 MSB Renovations - CLOSE PROJECT 59 365-94531 (1,085,242) To record a budget transfer of $1,085,242.37 of Special Development Fund revenue to project GSBM180012, General Facility Building Major Renovation for conversion to new project accounting software.This project will be closed.(1,085,242) 60 GSBM180012 1,085,242 To record a budget transfer of $1,085,242.37 of Special Development Fund revenue from project 365-94531, MSB Renovations.1,085,242 New A/C System Chiller - CLOSE PROJECT 61 315-94532 (1,300,000) To record budget transfers of $700,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue, and $600,000.00 in General Fund revenue to project GSBM180009, New A/C Chiller Systems for conversion to new project accounting software.This project will be closed.(1,300,000) New A/C Chiller Systems - NEW PROJECT 62 GSBM180009 1,300,000 To record budget transfers of $700,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue, and $600,000.00 in General Fund revenue from project 315-94532, New A/C System Chiller.1,300,000 General Services R&R - CLOSE PROJECT 63 365-94533 (150,000) To record a budget transfer of $150,000.00 of General Services revenue to project GSBM180010,General Services R&R for conversion to new project accounting software. This project will be closed.(150,000) General Facility Building Major Renovations - NEW PROJECT 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 General Services R&R - NEW PROJECT 64 GSBM180010 150,000 To record a budget transfer of $150,000.00 of General Services revenue from project 365-94533,General Services R&R.150,000 Generator Maintenance - CLOSE PROJECT 65 365-94534 (350,000) To record a budget transfer of $350,000.00 of Garage Fund revenue to project GSBM180011,Generator Maintenance for conversion to new project accounting software. This project will be closed.(350,000) Generator Maintenance - NEW PROJECT 66 GSBM180011 350,000 To record a budget transfer in the amount of $350,000.00 of Garage Fund revenue from project 365- 94534, Generator Maintenance.350,000 Harborview Demolition - CLOSE PROJECT 67 315-94624 (889,253) To record a budget transfer of $889,253.01 of Special Development Fund revenue to project ENGF180013, Imagine Clearwater for conversion to new project accounting software. This project will be closed.(889,253) Public Works Complex - CLOSE PROJECT 68 315-94626 (4,713,738) To record a budget transfer in the amount of $4,713,738.00 consisting of $87,180.32 of General Fund revenue;$1,191,466.48 of Stormwater revenue; $173,361.59 of Water revenue;$161,729.61 in Sewer revenue;and $3,100,000.00 of Water &Sewer bond proceeds to project ENGF180012,Public Works Complex for conversion to new project accounting software.This project will be closed.(4,713,738) Public Works Complex - NEW PROJECT 69 ENGF180012 4,713,738 To record a budget transfer in the amount of $4,713,738.00 consisting of $87,180.32 of General Fund revenue;$1,191,466.48 of Stormwater revenue; $173,361.59 of Water revenue;$161,729.61 in Sewer revenue;and $3,100,000.00 of Water &Sewer Bond proceeds from project 315-94626,Public Works Complex. 4,713,738 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 City-wide Connectivity Infrastructure 70 355-94729 200,000 To record a budget transfer of $200,000.00 of Administrative Services revenue from project 355- 94857, Accela Permitting & Code Enforcement.200,000 71 315-94761 (339,408) To record a budget transfer of $339,408.42 of General Fund revenue to project ENGF180010,Pollutant Storage Tank for conversion to new project accounting software. This project will be closed.(339,408) Pollutant Storage Tank - NEW PROJECT 72 ENGF180010 339,408 To record a budget transfer of $339,408.42 of General Fund revenue from project 315-94761,Pollutant Storage Tank Removal/Replacement. 339,408 Environmental Assessment & Cleanup - CLOSE PROJECT 73 315-94803 (410,384) To record a budget transfer of $410,383.79 of General Fund revenue to project ENGF180011,Environmental Assessment &Cleanup for conversion to new project accounting software. This project will be closed.(410,384) 74 ENGF180011 410,384 To record a budget transfer of $410,383.79 of General Fund revenue from project 315-94803,Environmental Assessment & Cleanup. 410,384 HR Peoplesoft Upgrade - CLOSE PROJECT 75 355-94820 (306,538) To record a budget transfer in the amount of $306,537.66 of Administrative Services revenue to project 355-94828,Financial Systems Upgrades.This project will be closed (306,538) Financial Systems Upgrades 76 355-94828 406,538 To record budget transfers of Administrative Services revenue of $306,537.66 from project 355-94820,HR Peoplesoft Upgrade;and $100,000.00 from project 355- 94828, Citywide Camera System.406,538 Pollutant Storage Tank Removal/Replacement - CLOSE PROJECT Environmental Assessment & Cleanup - NEW PROJECT 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 77 315-94839 (52,422) To record a budget transfer of $52,421.89 of Fuel Tax revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software.This project will be closed.(52,422) Accela Permitting & Code Enforcement 78 355-94857 (200,000) To record a budget transfer of $200,000.00 of Administrative Services revenue to project 355-94729, City-wide Connectivity Infrastructure.(200,000) Citywide Camera System 79 355-94873 (100,000) To record a budget transfer of $100,000.00 of Administrative Services revenue to project 355-94828, Financial System Upgrades.(100,000) Imagine Clearwater Implementation - CLOSE PROJECT 80 315-94892 (5,495,135) To record a budget transfer in the amount of $5,495,135.24 consisting of $5,000,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $495,135.24 of General Fund revenue to project ENGF180013,Imagine Clearwater for conversion to new project accounting software. This project will be closed.(5,495,135) Imagine Clearwater - NEW PROJECT 81 ENGF180013 6,516,829 To record the following budget transfers:1) $5,000,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $495,135.24 of General Fund revenue from project 315-94892,Imagine Clearwater; 2)$889,253.01 of Special Development Fund revenue from project 315-94624,Harborview Demolition;and 3) $132,440.61 of Harborview Fund revenue from project 315-93277,Harborview Infrastructure Repair- Improvement. 6,516,829 Line Relocation Pinellas Maintenance 82 323-96365 (53,000) To record a budget transfer in the amount of $53,000.00 of Gas Fund revenue to project 323-96367,Gas Meter Change Out Pinellas.(53,000) Roadway & Traffic Asset Management - CLOSE PROJECT 32 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Gas Meter Change Out Pinellas 83 323-96367 53,000 To record a budget transfer in the amount of $53,000.00 of Gas Fund revenue from project 323-96365,Line Relocation Pinellas Maintenance.53,000 Line Relocation Pinellas-Capital 84 323-96374 (1,029) * To record a budget decrease in the amount of $1,028.66 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.(1,029) Pinellas New Mains-Service Lines 85 323-96377 27,100 * To record a budget increase in the amount of $27,100.07 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.27,100 Pasco New Mains-Service Lines 86 323-96378 (500,000) To record a budget transfer in the amount of $500,000.00 of Gas Fund revenue to project 323-96386, Expanded Energy Conservation.(500,000) Line Relocation-Pasco-Capital 87 323-96381 23,868 * To record a budget increase in the amount of $23,867.91 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.23,868 Expanded Energy Conservation 88 323-96386 500,000 To record a budget transfer in the amount of $500,000.00 of Gas Fund revenue from project 323- 96378, Pasco New Mains-Service Lines.500,000 89 324-96447 (19,650,130) To record a budget transfer of Solid Waste revenue in the amount of $19,650,129.82 to project SRTS180001, Solid Waste Transfer Station Rebuild for conversion to new project accounting software.This project will be closed.(19,650,130) Solid Waste T/F Station Rebuild - CLOSE PROJECT 33 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 90 SRTS180001 19,650,130 To record a budget transfer of Solid Waste revenue in the amount of $19,650,129.82 from project 324-96447, Solid Waste Transfer Station Rebuild. 19,650,130 91 326-96809 (883,133) To record a budget transfer of $883,132.65 of Recycling revenue to project SR00180003,Processing Center Building Replacement for conversion to new project accounting software. This project will be closed.(883,133) 92 326-96810 (2,979,500) To record a budget transfer of $2,979,500.00 of Recycling revenue to project SR00180003,Processing Center Building Replacement for conversion to new project accounting software. This project will be closed.(2,979,500) 93 SR00180003 3,862,633 To record budget transfers of Recycling revenue of $883,132.65 from project 326-96809,Recycling Process Center Expansion and Upgrade; and $2,979,500.00 from project 326-96810,Recycling-Processing Facility Replacement. 3,862,633 284,939 (0) 284,939 Solid Waste Transfer Station Rebuild - NEW PROJECT TOTAL BUDGET INCREASE /(DECREASE) Recycling Process Center Expansion and Upgrade - CLOSE PROJECT Recycling - Processing Facility Replacement - CLOSE PROJECT Processing Center Building Replacement - NEW PROJECT 34 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,845,426 2,843,395 - 2,031 91152 Police District 3 Sub Station 200,000 200,000 (200,000) - - - - C 1 PD00180001 Police District 3 Sub Station 200,000 2 3,045,426 3,045,426 - 2,845,426 2,843,395 - 2,031 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,170,566 2,148,018 - 22,548 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,892,300 1,892,300 1,892,300 1,698,658 - 193,642 91236 Rescue Vehicle 2,089,869 2,089,869 2,089,869 1,373,604 - 716,265 91244 Aerial Truck 1,300,000 1,300,000 1,300,000 387,914 905,734 6,352 91257 AED Program 195,310 195,310 195,310 132,350 - 62,960 91259 Radio Replacements 1,519,640 1,519,640 1,519,640 364,354 1,154,999 287 91260 Thermal Imaging Cameras 190,900 190,900 190,900 115,711 - 75,189 91261 Personal Protection Equipment 1,785,110 1,785,110 1,785,110 1,571,241 49,969 163,899 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 112,000 112,000 112,000 25,603 44,240 42,157 91264 Fire Hose Replacement 361,210 361,210 361,210 234,999 - 126,211 91268 Countryside Fire Station 3,932,566 3,932,566 3,932,566 3,651,658 111,101 169,807 91269 Clearwater Beach Fire Station 6,372,693 6,372,693 6,372,693 - - 6,372,693 91271 Fire Boat 650,000 900,000 900,000 611,063 1 288,937 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 21,697 - 78,303 91273 Lakeview Fire Station 400,000 400,000 400,000 - - 400,000 Sub-Total 24,362,874 24,612,874 - 24,612,874 13,450,716 2,266,044 8,896,114 New Street Construction 92146 Druid Road Improvements 6,439,353 6,489,353 (3,483,646) 3,005,707 3,005,707 0 C 3 ENRD180001 Druid Road Trail 3,483,646 3,483,646 308,522 3,103,075 72,049 4 Sub-Total 6,439,353 6,489,353 - 6,489,353 3,314,229 3,103,075 72,049 Major Street Maintenance 92274 Bridge Maintenance & Improvements 10,594,230 10,195,230 (5,563,832) 4,631,398 4,631,398 - C 5 ENRD180002 Bridge Maintenance & Improvements 5,563,832 5,563,832 41,290 5,522,542 6 92276 Traffic Calming Program 6,938,635 6,938,635 (1,062,932) 5,875,703 5,875,703 0 C 7 ENRD180003 Traffic Calming 1,062,932 1,062,932 230,484 832,448 8 92277 Streets and Sidewalks 16,397,167 16,397,167 (5,852,121) 10,545,046 10,545,046 (0) C 9 ENRD180004 Streets and Sidewalks 7,348,740 7,348,740 2,517,370 4,831,369 10 92278 Downtown Streetscaping 4,000,000 4,000,000 (3,645,672) 354,328 354,328 (0) C 11 ENGF180001 Downtown Streetscaping 3,645,672 3,645,672 35,265 3,610,407 12 Sub-Total 37,930,032 37,531,032 1,496,619 39,027,651 21,406,475 2,824,409 14,796,767 Sidewalks and Bike Trail 92339 New Sidewalks 2,663,471 2,663,471 (1,444,197) 1,219,274 1,219,274 - 0 C 13 Sub-Total 2,663,471 2,663,471 (1,444,197) 1,219,274 1,219,274 - 0 Intersections 92559 City-Wide Intersection Improvement 1,133,368 1,133,368 (495,582) 637,786 637,787 - (0) C 14 ENRD180005 City-Wide Intersection Improvement 1,995,273 1,995,273 778,792 1,216,481 15 92560 Signal Renovation 810,385 810,385 (408,440) 401,945 401,945 0 C 16 92561 New Signal Installation 442,877 442,877 (150,121) 292,756 292,757 - (0) C 17 ENRD180006 Traffic Signal 558,560 558,560 12,250 546,310 18 92562 Intersection Improvements 1,622,017 1,622,017 (1,499,766) 122,251 21,079 101,172 (0) C 19 92563 Traffic Safety Infrastructure 1,000,000 1,000,000 (958,011) 41,989 41,989 (0) C 20 ENRD180007 Traffic Safety Infrastructure 958,011 958,011 15,208 942,804 21 Sub-Total 5,008,647 5,008,647 (74) 5,008,573 1,395,557 907,422 2,705,594 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 372,860 372,860 372,860 - 0 C 92652 Parking Lot Resurfacing 1,126,633 1,126,633 1,126,633 268,157 - 858,476 92654 Parking Lot Improvement 1,480,357 1,480,357 1,480,357 601,555 12,246 866,556 92657 Parking Facilities 931,163 937,125 937,125 122,678 19,644 794,804 92658 Misc Parking Fund Vehicle Addition - 20,480 20,480 20,480 - - C Sub-Total 3,959,305 3,937,456 - 3,937,456 1,385,730 31,890 2,519,836 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering 92839 Downtown Intermodal 1,450,223 1,450,223 (924,756) 525,467 525,467 - (0) C 22 ENGF180002 Downtown Intermodal 924,756 924,756 924,756 23 92841 Miscellaneous Engineering 298,396 298,396 (196,206) 102,190 102,190 - 0 C 24 ENGF180003 Miscellaneous Engineering 196,206 196,206 196,206 25 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 128,764 8,240 1,312,996 92843 Survey Equipment Replacement 110,000 105,807 (7,788) 98,019 98,019 - - C 26 ENGF180004 Survey Equipment Replacement 7,788 7,788 7,788 27 92844 Centennial Monument 675,000 650,110 650,110 650,110 - - C 92845 Clearwater Beach Transit Center 260,000 260,000 74 260,074 10,074 - 250,000 28 ENGF180005 Clearwater Beach Transit Center - - - Sub-Total 4,243,619 4,214,536 74 4,214,609 1,514,623 8,240 2,691,747 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 522,817 522,817 522,817 490,710 - 32,107 93205 Brighthouse Field Infrastructure Imp 2,877,345 2,882,272 2,882,272 2,218,015 189,635 474,622 93247 Fitness Equipment Replacement 375,000 375,000 375,000 296,496 4,354 74,150 93251 Morningside Rec Ctr Replacement 7,165,000 7,165,000 7,165,000 3,781,517 3,359,983 23,500 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 961,876 961,876 961,876 719,138 119,960 122,778 93272 Bicycle Paths-Bridges 5,653,833 5,603,833 5,603,833 3,697,778 3,500 1,902,555 93277 Harborview Infra Repair/Improve 635,451 635,451 (132,441) 503,011 503,011 - (0) C 29 93278 Long Center Infra Repairs 1,908,283 1,908,283 1,908,283 1,725,070 40,003 143,210 93286 Parking Lot/Bike Path Rsr/Imprv 853,506 853,506 853,506 545,916 - 307,590 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 300,000 297,214 - 2,786 93604 Brdwlks & Docks Rep & Rplcmnt 505,000 505,000 505,000 464,497 900 39,603 93608 Miscellaneous Minor Public Art 295,543 295,543 295,543 174,198 3,000 118,345 93612 McMullen Tennis Complex 800,000 800,000 800,000 7,041 - 792,959 93618 Miscellaneous Park & Rec Contract 255,000 255,000 255,000 235,228 19,772 - 93620 Sports Field Lighting 425,000 65,000 65,000 34,531 - 30,469 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 (224,726) 872,764 872,764 - - C 35 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 36 93633 Pier 60 Park & Bchwlk Repair and Improv 799,377 799,377 799,377 575,845 - 223,532 93634 Concrete Sidewalk & Pad Repair 333,176 258,176 258,176 225,558 - 32,618 93635 Park Amenity Purch & Rplcmnt 622,800 622,800 622,800 532,922 - 89,878 93636 Tennis Court Resurfacing 505,310 505,310 505,310 226,784 - 278,526 93637 Playground & Fitness Purch & Rplc 712,079 712,079 712,079 488,888 81,742 141,449 93638 Fencing Replacement Program 509,664 509,664 509,664 376,379 - 133,285 93639 Marina Dist Boardwalk & Entry Node 756,510 831,510 831,510 662,781 78,923 89,805 93640 Bright House Repairs 1,477,486 1,472,559 1,472,559 1,472,559 - - C 93642 Phillip-Jones Restroom/Concession 336,944 407,944 407,944 152,246 10,500 245,198 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 148,000 148,000 - - C 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 401,000 284,720 4,541 111,739 93647 Crest Lake Park Veterans War Memorial 550,000 550,000 550,000 550,000 - 0 93648 Moccasin Lake Park Master Plan 700,000 700,000 235,000 935,000 226,304 477,337 231,360 37 93649 Jack Russell Scoreboard & ADA 98,000 92,567 92,567 92,567 - - C 93650 Crest Lake Park Improvements 1,100,000 1,100,000 1,100,000 91,483 100,000 908,517 93651 EC Moore 8 & 9 Renovations/Press Box 679,902 679,902 679,902 679,902 - (0) C 93652 Countryside Plex Restroom/Concession 2,950,000 2,950,000 2,950,000 181,414 63,184 2,705,402 93653 Countryside Community Park Reno 100,000 100,000 100,000 25,218 11,638 63,144 93654 Recreation Centers Infrastructure Repairs 250,000 250,000 250,000 23,351 - 226,649 93655 J.D. Sports Complex Multipurpose Fields 1,485,924 1,845,924 1,845,924 1,500,958 297,047 47,918 93656 Jack Russell Demo & Refurbish 506,880 499,576 499,576 499,575 - 0 C 93660 Sid Lickton Batting Tunnels 100,000 98,433 98,433 98,433 - - C 93661 Frank Tack Parking Lot 399,500 399,500 399,500 - - 399,500 93664 Jack Russell Athletic Office 555,000 553,672 553,672 553,672 - - C 93665 Youth Sports Field Renovations 114,840 70,297 70,297 - - 70,297 93666 Woodgate Park Renovations 450,000 450,000 450,000 - - 450,000 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development (continued) 93668 Showmaster Portable Stage 200,000 200,000 200,000 - - 200,000 93669 North East Coachman Park Renovations 300,000 300,000 300,000 - - 300,000 93670 Articulating Boom Lift 62,000 62,000 62,000 37,950 13,500 10,550 93671 Fork Lift 21,000 21,000 21,000 - 21,000 - C 93672 Clearwater Beach Infrast Repairs & Improve 250,000 250,000 250,000 184,595 27,591 37,814 93673 Jack Russell Stadium Improvements 275,000 839,066 839,066 226,546 173,510 439,010 93674 Jack Russell Stadium Fld Reno 550,000 - - - - - C Sub-Total 43,383,034 43,357,924 102,559 43,460,483 26,182,945 5,101,622 12,175,917 Beautification 93322 Missouri Ave Median Beautification 497,250 497,250 497,250 487,619 8,532 1,099 Sub-Total 497,250 497,250 - 497,250 487,619 8,532 1,099 Marine Facilities 93403 Beach Guard Facility Maintenance 240,000 288,292 288,292 214,455 28,954 44,883 93410 Clwr Harbor Marina Maintenance 180,000 180,000 180,000 117,477 - 62,523 93412 City-wide Seawall Replacement 2,031,000 2,430,000 (1,018,689) 1,411,311 1,411,311 - C 30 ENGF180006 City-wide Docks and Seawall 1,412,502 1,412,502 690,672 721,830 31 93415 Waterway Maintenance 310,000 310,000 310,000 223,227 - 86,773 93418 Utilities Services Replacement 342,714 342,714 342,714 140,816 32,240 169,658 93419 Dock Replacement & Repair 166,727 166,727 166,727 102,144 - 64,583 93420 Fuel System R & R 102,752 102,752 102,752 90,992 - 11,759 93421 Marine Facilities Dredging & Maint 158,715 158,715 158,715 70,156 - 88,559 93422 Dredging of City Waterways 846,204 846,204 846,204 483,487 - 362,717 93425 Seminole Boat Ramp Improvements 6,752,000 6,752,000 (6,748,000) 4,000 4,000 - - C 32 ENGF180014 Seminole Boat Launch Improvements 6,748,000 6,748,000 6,748,000 33 93497 Docks & Seawalls 946,085 946,085 (393,813) 552,272 552,272 - (0) C 34 93499 Pier 60/Sailing Center Maintenance 361,952 361,952 361,952 267,558 - 94,394 Sub-Total 12,438,149 12,885,441 - 12,885,441 3,677,895 751,867 8,455,679 Airpark 94817 Airpark Maintenance & Repair 194,000 194,000 194,000 172,736 - 21,264 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 - - 100,000 Sub-Total 294,000 294,000 - 294,000 172,736 - 121,264 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,527,364 - 269,236 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,180,034 543,378 526,588 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,600 27,600 - - 93532 Library Maker Space Maint. & Upgrade 142,980 142,980 142,980 93,122 - 49,858 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 54,932 - 243,918 93534 Library FF&E Repair & Replace 130,000 130,000 130,000 48,921 - 81,079 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,721,031 14,721,031 - 14,721,031 12,931,973 543,378 1,245,679 Garage 94233 Motorized Equip-Cash II 1,688,756 1,688,756 1,688,756 1,607,941 - 80,815 94238 Police Vehicles 3,201,001 3,201,001 3,201,001 2,693,571 95,850 411,580 94241 Motorized Equipment Replace - L/P 36,792,892 34,792,892 34,792,892 28,673,408 4,468,971 1,650,513 94243 Radio P25 Upgrade 4,776,108 4,765,525 (200,000) 4,565,525 4,565,525 - (0) C 38 GSFL180002 P25 Radio Equipment & Infrastructure 200,000 200,000 200,000 39 94244 Misc Vehicle Additions 207,000 127,722 127,722 86,007 36,381 5,333 94245 Fleet Industrial Fans 80,000 80,000 (5,520) 74,480 74,480 - - C 40 GSFL180001 Fleet Facility R&R 5,520 5,520 5,520 41 94246 Fleet Management & Mapping 320,000 320,000 320,000 - - 320,000 94627 Misc Budgetary Vehicle Addition - 58,799 58,799 58,799 - 0 C Sub-Total 47,065,757 45,034,694 - 45,034,694 37,759,731 4,601,202 2,673,761 Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,433,538 3,411,494 (704,436) 2,707,058 2,707,058 (0) C 42 GSBM180001 Air Cond Replace-City Wide 704,436 704,436 704,436 43 94512 Roof Repairs 795,345 775,345 (124,213) 651,132 651,132 - (0) C 44 94514 Roof Replacements 2,805,352 2,805,352 (1,021,196) 1,784,156 1,784,156 0 C 45 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Maintenance of Buildings (continued) GSBM180003 Roof Repair and Replacement 1,145,409 1,145,409 368,455 776,954 46 94517 Painting of Facilities 1,282,720 1,270,210 (517,923) 752,287 752,287 - C 47 GSBM180004 Painting of Facilities 517,923 517,923 11,770 506,153 48 94518 Fencing of Facilities 284,811 284,811 (143,170) 141,641 141,642 - (0) C 49 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 50 94519 Flooring for Facilities 1,593,952 1,591,091 (577,837) 1,013,254 1,013,254 0 C 51 GSBM180002 Flooring for Facilities 577,837 577,837 58,167 519,670 52 94521 Elevator Refurbish/Modernization 724,722 724,722 (460,576) 264,146 264,146 - - C 53 GSBM180007 Elevator Refurbish/Modernization 460,576 460,576 460,576 54 94528 Light Replacement & Repair 504,931 504,931 (178,197) 326,734 326,285 - 449 C 55 GSBM180006 Light Replacement & Repair 178,197 178,197 178,197 56 94530 Building Systems 665,000 665,000 (518,377) 146,623 146,623 - (0) C 57 GSBM180008 Building Systems 518,377 518,377 518,377 58 94531 M.S.B. Renovations 1,160,885 1,160,885 (1,085,242) 75,643 75,643 (0) C 59 GSBM180012 General Facility Building Major Renovations 1,085,242 1,085,242 122,290 962,952 60 94532 New A/C System Chiller 1,300,000 1,300,000 (1,300,000) - - - C 61 GSBM180009 New A/C Chiller System 1,300,000 1,300,000 296,400 1,003,600 62 94533 General Services R&R 150,000 150,000 (150,000) - - - - C 67 GSBM180010 General Services R&R 150,000 150,000 150,000 64 94534 Generator Maintenance 350,000 350,000 (350,000) - - - - C 65 Maintenance of Buildings - continue GSBM180011 Generator Maintenance 350,000 350,000 - - 350,000 66 94624 Harborview Demolition 950,000 950,000 (889,253) 60,747 60,747 - 0 C 67 94625 Development Services Center 90,275 90,275 90,275 90,275 - (0) C 94626 Public Works Complex 4,813,510 4,813,510 (4,713,738) 99,772 99,772 - - C 68 ENGF180012 Public Works Complex 4,713,738 4,713,738 4,713,738 69 Sub-Total 20,905,041 20,847,626 (889,253) 19,958,373 8,113,020 857,082 10,988,272 Miscellaneous 94729 City-wide Connect Infra 3,256,478 3,417,991 200,000 3,617,991 2,771,658 - 846,333 70 94736 Geographic Information Sys 1,152,726 1,139,240 1,139,240 1,024,694 - 114,546 94761 Poll Stor Tank Rem/Repl-Gen Fd 583,658 583,658 (339,408) 244,250 244,249 0 C 71 ENGF180010 Pollutant Storage Tank 339,408 339,408 12,043 327,366 72 94803 Environmental Assmt & Clean-up 1,140,964 1,140,964 (410,384) 730,580 730,580 - C 73 ENGF180011 Environmental Assmt & Clean-up 410,384 410,384 4,774 405,610 74 94814 Network Infra & Server Upgrade 4,035,057 4,035,057 4,035,057 3,470,819 - 564,238 94820 HR PeopleSoft Upgrade 450,000 450,000 (306,538) 143,462 143,462 - 0 C 75 94824 IT Disaster Recovery 500,000 500,000 500,000 354,604 - 145,396 94827 Telecommunications Upgrade 554,000 554,000 554,000 334,953 10,665 208,382 94828 Financial Systems Upgrades 3,376,628 3,376,628 406,538 3,783,166 1,435,202 850,989 1,496,975 76 94829 CIS Upgrades / Replacement 997,376 997,376 997,376 374,783 - 622,593 94830 MS Licensing / Upgrades 950,000 950,000 950,000 811,953 45,233 92,814 94833 Computer Monitors 390,000 389,828 389,828 370,867 7,354 11,607 94839 Roadway & Traffic Asset Mgt 440,000 440,000 (52,422) 387,578 387,578 - - C 77 94850 Backfile Conversion of Records 500,000 500,000 500,000 185,664 314,032 304 94857 Accela Permitting & Code Enforce 400,000 400,000 (200,000) 200,000 90,906 - 109,094 78 94861 Library Technology 1,250,000 1,250,000 1,250,000 1,078,762 - 171,238 94873 Citywide Camera System 310,000 310,000 (100,000) 210,000 118,298 - 91,702 79 94874 City Enterprise Timekeeping System 260,000 260,000 260,000 182,082 5,620 72,298 94878 Asset Management Upgrade 180,000 31,420 31,420 26,322 5,098 (0) C 94879 Aging Well Center Tech Upgrade 105,000 92,067 92,067 92,067 - - C 94880 Granicus Agenda Management Sys 110,000 110,000 110,000 41,136 - 68,864 94883 Business Process Review & Improve 600,000 600,000 600,000 114,647 - 485,353 94886 Clearwater Airpark Masterplan Update 150,000 110,000 110,000 24,899 84,426 675 94888 City EOC & Disaster Recovery Facility 3,360,000 3,360,000 3,360,000 33,350 87,465 3,239,185 94890 Enterprise Advanced Audio Video R&R 500,000 1,063,000 1,063,000 454,141 - 608,859 94892 Imagine Clearwater Implementation 5,500,000 5,500,000 (5,495,135) 4,865 4,865 (0) C 80 ENGF180013 Imagine Clearwater 6,516,829 6,516,829 54,765 893,486 5,568,577 81 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 - 54,560 45,440 Sub-Total 31,151,887 31,661,229 969,272 32,630,501 14,957,306 2,375,745 15,297,450 38 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 18,088,452 18,106,321 18,106,321 12,964,081 2,661,231 2,481,010 96164 Allen's Creek Improvement Projects 2,848,173 3,365,230 3,365,230 1,311,586 2,033,671 19,973 96168 Stormwater System Expansion 2,979,549 2,462,493 2,462,493 1,058,846 - 1,403,646 96169 Stevenson Creek 6,203,475 6,203,475 6,203,475 3,432,956 91,571 2,678,948 96170 Coastal Basin Projects 6,028,414 6,028,414 6,028,414 3,645,319 258,496 2,124,599 96173 Alligator Creek Watershed Projects 5,658,990 5,658,990 5,658,990 1,525,360 356,094 3,777,536 96180 Stormwater Maint St Sweeping Facility 2,323,408 2,323,408 2,323,408 508,113 1,644,900 170,396 96184 Magnolia Drive Outfall 3,400,000 3,400,000 3,400,000 3,158,364 - 241,636 96186 Hillcrest Bypass Culvert 4,309,153 4,309,153 4,309,153 212,986 42,705 4,053,462 96187 Mango Outfall 1,800,000 1,800,000 1,800,000 977,002 4,700 818,298 96188 East Gateway Improvements 5,282,506 5,282,506 5,282,506 2,545,409 2,445,102 291,994 Sub-Total 58,922,121 58,939,990 - 58,939,990 31,340,021 9,538,470 18,061,498 Water System 96721 System R & R - Maintenance 8,755,836 4,348,286 4,348,286 2,419,013 1,980 1,927,293 96722 Line Relocation - Maintenance 4,477,500 6,357,305 6,357,305 1,372,052 275,258 4,709,995 96739 Reclaimed Water Dist Sys 48,585,026 47,469,140 47,469,140 45,479,155 754,029 1,235,957 96740 Water Supply/Treatment 2,769,666 2,626,926 2,626,926 2,626,926 - 0 96741 System R & R-Capitalized 8,795,357 8,788,154 8,788,154 8,788,154 - (0) 96742 Line Relocation-Capitalized 13,190,882 11,668,570 11,668,570 5,692,588 1,346,230 4,629,752 96743 Mtr Bkflow Prev Dev/Change Out 2,834,600 2,834,600 2,834,600 2,834,600 - (0) 96744 System Expansion 2,805,673 2,805,673 2,805,673 2,705,223 - 100,450 96752 Water Service Lines 1,233,436 1,233,436 1,233,436 1,233,436 - (0) 96764 RO Plant Exp Res #1 15,495,637 14,724,637 14,724,637 11,219,422 1,629,962 1,875,253 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 - - 600,000 96767 RO Plant at Res #2 44,372,561 48,643,561 48,643,561 40,701,379 84,805 7,857,377 96768 Rebate Well, Lk, Pnd Irr Abandmt 115,000 115,000 115,000 114,608 - 392 96773 Groundwater Replenishment Facility 32,921,618 32,871,618 32,871,618 5,805,781 172,139 26,893,698 96782 Reverse Osmosis Plant @WTP #3 11,275,000 11,275,000 11,275,000 108,241 755,864 10,410,895 96783 Water System Upgrades/Improvements 12,450,000 12,450,000 12,450,000 - 966,321 11,483,679 96784 Reclaimed Water Distribution System R&R 2,294,584 2,094,584 2,094,584 353,486 39,183 1,701,914 96785 Feasibility Studies/Evaluations - Water System 475,000 475,000 475,000 227,248 15,235 232,517 96786 Devices/Equipments - Water System 1,250,000 1,300,000 1,300,000 - - 1,300,000 Sub-Total 214,697,376 212,681,490 - 212,681,490 131,681,312 6,041,006 74,959,172 Sewer System 96209 Maintenance Vehicle 204,002 204,002 204,002 94,002 103,584 6,416 96212 Sanitary Sewer Upgrades/Improvements 25,587,797 19,392,422 19,392,422 1,697,217 3,289,442 14,405,763 96213 Marshall Street Upgrades/Improvements 9,675,000 10,791,948 10,791,948 2,103,415 415,877 8,272,657 96214 East Plant Upgrades/Improvements 3,150,000 3,350,000 3,350,000 - 93,550 3,256,450 96215 Northeast Plant Upgrades/Improvements 6,137,523 11,437,523 11,437,523 579,464 62,761 10,795,298 96216 Laboratory Upgrade/Improvements 1,153,079 1,153,079 1,153,079 548 14,310 1,138,222 96217 Pump Station R&R 3,105,192 2,505,192 2,505,192 451,386 126,760 1,927,045 96218 Feasibility Studies/Evaluations 2,241,641 2,241,641 2,241,641 230,227 717,228 1,294,186 96219 Devices/Equipment Sewer Division 810,000 946,274 946,274 251,828 49,070 645,376 96220 Trailer Mounted Bio-solids Centrifuge 1,100,000 1,100,000 1,100,000 - - 1,100,000 96630 Sanitary Sewer Extension 17,246,078 17,046,078 17,046,078 10,874,541 2,913,390 3,258,148 96634 Sanitary Util Reloc Accmmdtn 7,467,352 6,267,352 6,267,352 4,150,049 192,706 1,924,597 96645 Laboratory Upgrade & R&R 1,899,502 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 17,039,224 17,739,224 17,739,224 13,195,001 1,610,368 2,933,855 96664 WPC R & R 18,589,062 21,402,113 21,402,113 16,028,501 233,059 5,140,554 96665 Sanitary Sewer R&R 22,045,084 21,974,685 21,974,685 16,172,252 3,454,048 2,348,384 96686 Pump Station Replacement 4,667,682 4,667,682 4,667,682 3,285,438 1,026,693 355,551 Sub-Total 142,118,218 144,022,842 - 144,022,842 70,897,494 14,302,846 58,822,502 39 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,384,794 2,384,794 2,384,794 1,703,919 58,190 622,684 96365 Line Relocation-Pinellas Maint 759,106 759,106 (53,000) 706,106 516,403 71,751 117,952 82 96367 Gas Meter Change Out-Pinellas 3,485,000 3,485,000 53,000 3,538,000 3,446,764 - 91,236 83 96374 Line Relocation-Pinellas Capitalized 2,833,919 2,833,919 (1,029) 2,832,890 2,286,939 - 545,951 84 96376 Line Relocation - Pasco Maint 233,593 233,593 233,593 84,756 - 148,837 96377 Pinellas New Main / Service Lines 30,018,895 30,024,018 27,100 30,051,119 28,974,143 - 1,076,976 85 96378 Pasco New Mains / Service Lines 15,864,858 15,864,858 (500,000) 15,364,858 13,193,184 - 2,171,674 86 96379 Pasco Gas Meter Change Out 767,821 767,821 767,821 678,503 - 89,318 96381 Line Reloc-Pasco-Capitalized 135,649 163,518 23,868 187,386 114,488 - 72,898 87 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 24,349,675 28,855,055 28,855,055 2,851,388 23,918,628 2,085,039 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,271,413 - 286,432 96386 Expanded Energy Conservation 7,543,771 7,591,479 500,000 8,091,479 6,815,125 - 1,276,354 88 96387 Natural Gas Vehicle 4,381,069 4,381,069 4,381,069 3,704,069 - 677,000 96389 Future IMS Software & Hardware 350,000 350,000 350,000 282,645 20,391 46,964 96390 Gas Vehicle Additions 590,000 590,000 590,000 428,294 - 161,706 96391 Gas System Pasco Building 2,050,000 2,050,000 2,050,000 - - 2,050,000 96392 Gas Equipment Additions 191,000 191,000 191,000 189,278 - 1,722 Sub-Total 98,488,995 103,075,076 49,939 103,125,015 67,397,578 24,068,961 11,658,476 Solid Waste 96426 Facility R & R 2,527,608 2,527,608 2,527,608 1,694,532 - 833,076 96443 Res Container Acquisition-II 1,876,741 1,876,741 1,876,741 1,354,386 - 522,355 96444 Comm Container Acquisition-II 3,790,020 3,790,020 3,790,020 2,984,991 - 805,029 96445 Solar Trash & Recycling Kiosks 264,414 264,414 264,414 239,182 - 25,232 96447 S.W.Transfer Station Rebuild 1,000,000 20,500,000 (19,650,130) 849,870 849,870 0 C 89 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 579,180 18,131,025 939,925 90 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 555,500 555,500 - - 555,500 Sub-Total 10,164,283 29,664,283 - 29,664,283 7,702,141 18,131,025 3,831,117 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 151,596 151,596 151,596 - - C 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 38,234 81,776 96526 Public Utility Admin Building 784,306 784,306 784,306 - - 784,306 Sub-Total 1,802,667 1,794,730 - 1,794,730 890,414 38,234 866,082 Recycling 96804 Recycling Carts/Dumpsters 1,126,650 1,126,650 1,126,650 754,031 - 372,619 96805 Recycling Expansion/Particip/R&R 1,301,525 1,301,525 1,301,525 1,184,376 - 117,149 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 (883,133) 116,867 116,867 - (0) C 91 96810 Recyc Processing Facility Replacement 2,979,500 2,979,500 (2,979,500) - - - - C 92 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 - 395,983 12,017 SR00180003 Processing Center Building Replacement 3,862,633 3,862,633 3,862,633 93 Sub-Total 6,815,675 6,815,675 - 6,815,675 2,055,274 395,983 4,364,418 TOTAL ALL PROJECTS 792,449,561 815,127,426 284,939 815,212,365 464,108,577 95,897,031 255,206,756 40 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Planning Programs Clearwater Downtown Partnership Grant - CLOSE PROGRAM 1 99566 (42) To record a budget decrease of $42.08 in donation revenues to bring the budget in line with actual receipts and close the program.(42) Planning Programs Totals:(42) - (42) Public Safety Programs Police Extra Duty 2 99215 145,417 (4,851) To record a budget increase of $145,417.00 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $4,850.50 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 140,567 2016 HVE Pedestrian & Bicycle Safety - CLOSE PROGRAM 3 99218 100 To record a budget increase of $99.84 in grant revenues from the University of South Florida to recognize revenues received to date. This project is complete and will be closed.100 School Resource Officers 4 99264 17,355 To record a budget increase of $17,355.25 in governmental revenue for School Resource Officers extra duty from the Pinellas County School Board.17,355 Police Education Fund 5 99317 9,419 To record a budget increase of $9,419.45 in police education fine revenue which will bring the budget in line with actual receipts.9,419 Investigative Cost Recovery 6 99329 60,210 To record a net budget increase of $60.210.41 which will bring the budget in line with actual receipts.Amendments include an increase of $24,794.94 in overtime reimbursement revenues,and an increase of $35,415.47 in fines,forfeitures and penalties revenue.60,210 Florida Contraband Forfeiture Fund 7 99330 136,490 To record a budget increase of $136,490.00 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.136,490 Law Enforcement Trust Fund 8 99331 (8,306) To record a transfer of $8,305.99 in fines, forfeitures and penalties revenue to 99356, Safe Neighborhood Program.(8,306) 41 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 9 99350 4,851 To record a transfer of $4,850.50 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 4,851 Safe Neighborhood Program 10 99356 8,306 To record a transfer of $8,305.99 in fines,forfeitures,and penalties revenue from program 99331,Law Enforcement Trust Fund.8,306 Federal Forfeiture Sharing 11 99387 905 To record a budget increase of $904.80 in grant revenues from the US DOJ to bring the budget in line with actual receipts.905 Public Safety Program Totals:369,897 - 369,897 Economic Environment Housing Rehab 2017 12 99763 (8,184) To record a budget transfer of $8,184 in Community Development Block Grant revenues to 99768, Public Services 2018.(8,184) Infill Housing 2018 13 99767 87,500 To record a budget transfer of $87,500 in Community Development Block Grant revenue from 99768,Public Services 2018.87,500 Public Services 2018 14 99768 (79,316) To record budget transfers of $8,184.00 from 99763,Housing Rehab 2017; and $87,500.00 to 99767, Infill Housing 2018.(79,316) Economic Environment Totals:- - - Miscellaneous Programs Foreclosure Registry - Nuisance Abatement 15 98609 26,100 To record a budget increase of $26,100 which represents foreclosure registry fees collected to date. 26,100 Hurricane Irma 16 98610 214,932 To record a budget increase of $214,932.38 in insurance proceeds to bring the budget in line with actual receipts.214,932 42 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs (continued) Brownfield Revolving Loan 17 99802 1,418 To record a budget increase of $1,418.40 in interest revenue to bring the budget in line with actual receipts.1,418 Special Events 18 99865 643,997 To record a budget increase of $643,996.84;representing increases of $2,678.50 in rental income,$52,087.37 in sponsorship revenue,$11,020.65 in memberships and registrations,$508,298.51 in sales revenue,and $69,911.81 in reimbursements which will bring the budget in line with actual receipts for the quarter. 643,997 Library Special Account 19 99910 7,945 To record a budget increase of $7,945.00 in donation revenue to bring the budget in line with actual receipts.7,945 Tree Replacement Program 20 99970 38,328 To record a budget increase of $38,328.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.38,328 Miscellaneous Programs Total:932,721 - 932,721 1,302,575 - 1,302,575 Total Budget Increase/(Decrease): 43 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2017 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 (42)458 458 - (0) C 1 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 0 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 (42)289,458 150,385 - 139,073 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 255,000 255,000 0 255,000 205,302 - 49,698 99215 Police Extra Duty 1,652,468 1,933,847 140,567 2,074,413 1,968,946 - 105,467 2 99218 2016 HVE Ped & Bicycle Safety 50,000 50,000 100 50,100 50,100 - (0) C 3 99219 2017 HVE Ped & Bicycle Safety - 50,000 0 50,000 39,122 - 10,878 99241 Human Trafficking Overtime 87,000 87,000 0 87,000 70,859 - 16,141 99264 School Resource Officers 2,516,436 2,815,209 17,355 2,832,565 2,678,771 - 153,794 4 99279 Police Recruitments 91,010 111,010 0 111,010 61,885 - 49,125 99281 Fed Forfeitures - Treasury 170,878 171,936 0 171,936 120,171 - 51,765 99316 Police Volunteers 139,114 149,114 0 149,114 135,409 - 13,705 99317 Police Education Fund 1,301,539 1,311,886 9,419 1,321,306 1,284,145 - 37,161 5 99329 Investigative Recovery Costs 2,302,593 2,355,929 60,210 2,416,140 2,075,752 - 340,388 6 99330 FL Contraband Forfeiture Fnd 1,095,772 974,286 136,490 1,110,776 656,746 - 454,030 7 99331 Law Enforcement Trust Fund 2,583,426 2,583,426 (8,306)2,575,120 2,575,120 - (0) 8 99350 Vehicle Replacement Fund 312,251 320,477 4,851 325,327 162,951 23,807 138,569 9 99356 Safe Neighborhood Program 984,053 1,014,274 8,306 1,022,580 969,165 - 53,415 10 99364 Crime Prevention Program 91,096 102,341 0 102,341 87,526 - 14,815 99387 Federal Forfeiture Sharing 2,125,878 2,377,228 905 2,378,133 1,685,926 67,130 625,077 11 Sub-Total 15,758,514 16,662,963 369,897 17,032,860 14,827,896 90,937 2,114,027 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 - 65,666 99744 Economic Development Incentives 292,500 292,500 0 292,500 262,500 - 30,000 99752 Public Facilities 2016 479,131 408,042 0 408,042 408,042 - (0) C 99756 Relocation/Demolition 2016 51,970 0 0 0 - - 0 C 99757 Infill Housing 2016 151,056 27,936 0 27,936 27,936 - (0) C 99759 Public Facilities 2017 420,093 377,764 0 377,764 151,863 - 225,901 99760 Economic Development 2017 14,802 14,802 0 14,802 - - 14,802 99761 Public Services 2017 100,275 100,275 0 100,275 95,786 - 4,489 99762 Program Administration 2017 135,036 135,036 0 135,036 136,693 - (1,657) 99763 Housing Rehab 2017 331,181 331,181 (8,184)322,997 137,015 13,840 172,142 12 99764 Public Facilities 2018 248,000 448,000 0 448,000 36,993 112,007 299,000 99765 Economic Development 2018 129,011 130,020 0 130,020 42,668 53,472 33,880 99766 Program Administration 2018 131,388 131,388 0 131,388 - - 131,388 99767 Infill Housing 2018 50,000 50,000 87,500 137,500 42,000 8,000 87,500 13 99768 Public Services 2018 98,541 186,041 (79,316)106,725 44,293 54,248 8,184 14 99888 ULI Report Implementation 875,000 875,000 0 875,000 710,034 - 164,966 Sub-Total 3,622,984 3,622,984 0 3,622,984 2,145,157 241,567 1,236,260 HUMAN SERVICES 99538 Affordable Housing Imp Fees 437,451 441,530 0 441,530 163,019 - 278,511 99562 HUD Special Education 30,000 30,000 0 30,000 27,600 - 2,400 Sub-Total 467,451 471,530 0 471,530 190,619 - 280,911 44 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2017 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MISCELLANEOUS PROGRAMS 99704 Sembler Mitigation Project 712,285 712,364 0 712,364 712,365 - (0) C 98601 Next Steps to Better Nutrition 10,000 10,000 0 10,000 6,430 - 3,570 98604 2016 Clearwater Ferry 519,120 519,120 0 519,120 407,202 - 111,918 98606 Senior Citizens Services - EBWP 15,000 15,000 0 15,000 17,904 - (2,904) 98607 Senior Citizens Services - Trips 6,000 14,000 0 14,000 5,555 - 8,445 98608 Clark-Turner Trust (Library)105,020 105,020 0 105,020 - - 105,020 98609 Foreclosure Rgstry-Nuesance Abtmnt - 28,100 26,100 54,200 - - 54,200 15 98610 Hurricane Irma - 1,072,066 214,932 1,286,998 1,082,536 52,410 152,052 16 98611 CMA Capital Project Agreement - 5,000,000 0 5,000,000 3,000,000 - 2,000,000 99729 Joint Hercules Pln & Econ Study 150,000 150,000 0 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 1,200,000 1,418 1,201,418 420,381 - 781,037 17 99844 United Way 10,580 10,580 0 10,580 9,043 - 1,537 99846 Economic Development - QTI 122,189 122,189 0 122,189 71,591 - 50,598 99865 Special Events 7,493,122 7,878,193 643,997 8,522,190 8,354,136 29,880 138,174 18 99868 Federal Early Retiree Reinsurance 651,500 651,500 0 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 192,060 0 192,060 176,019 - 16,041 99871 State Brownfields Redevelopment Acct 165,463 165,463 0 165,463 165,463 - 0 99872 Coordinated Child Care - Ross Norton 2,232,018 2,232,018 0 2,232,018 1,401,064 - 830,954 99910 Library Special Account 813,706 819,070 7,945 827,015 797,891 - 29,124 19 99925 Peg Access Support 838,261 838,261 0 838,261 834,857 - 3,404 99927 Emergency Operations 5,174,659 4,106,338 0 4,106,338 2,989,678 - 1,116,660 99928 Nagano Sister City Program 191,999 191,999 0 191,999 152,520 - 39,479 99970 Tree Replacement Project 1,457,928 1,471,608 38,328 1,509,936 865,656 20,038 624,242 20 99982 EMS Incentive/Recognition 69,700 69,700 0 69,700 41,088 - 28,612 Sub-Total 22,130,610 27,574,650 932,720 28,507,371 22,070,601 102,328 6,334,442 TOTAL ALL PROJECTS 42,269,059 48,621,627 1,302,575 49,924,202 39,384,658 434,832 10,104,713 45 City of Clearwater SPECIAL DEVELOPMENT FUND MID YEAR FY 2017/18 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 235,000 Mid year amendments reflect an allocation of $235,000 from Recreation Facility Impact Fees to project 93648,Moccasin Lake Park as approved by the Council on March 1, 2018. 235,000$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 235,000 Mid year expenditure amendments reflect a transfer of $235,000 of Recreation Facility Impact Fees to project 93648,Moccasin Lake Park as approved by the Council on March 1, 2018. 235,000$ Net Expenditure Amendments 46 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2017 - March 31, 2018 Third Quarter: October 1, 2017 - June 30, 2018 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2017/18 2017/18 2017/18 Amendments Revenues: Ad Valorem Taxes 2,402,590 2,402,590 2,402,590 - Infrastructure Tax 11,588,900 11,588,900 11,588,900 - Interest Earnings 450,000 450,000 450,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,540,550 1,540,550 1,540,550 - Allocation of Assigned Fund Balance 9,344,130 9,344,130 9,579,130 235,000 25,596,170 25,596,170 25,831,170 235,000 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,402,590 2,402,590 2,402,590 - Infrastructure Tax 20,889,840 20,889,840 20,889,840 - Recreation Facility Land Fees - - 235,000 235,000 Multi-Modal Impact fees 140,000 140,000 140,000 - Local Option Gas Tax 1,583,740 1,583,740 1,583,740 - 25,016,170 25,016,170 25,251,170 235,000 Revenues: CDBG/Home Funds 656,940 656,940 656,940 - Interest Earnings 50,000 71,977 73,396 1,418 Grant Funds - 296,139 297,143 1,005 Other Governmental Revenue - 177,711 195,067 17,355 Fines, Forfeiture and Penalty Revenue - 120,777 340,430 219,653 Donations - 24,609 32,512 7,903 Sales - 272,512 780,810 508,299 Rentals - 16,931 19,610 2,679 Sponsorships - 42,064 94,151 52,087 Memberships/Registrations - 12,915 23,936 11,021 Reimbursements - 366,934 848,090 481,156 Transfers from General Fund - 5,000,000 5,000,000 - Sister City Program 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 - Economic Development QTI 18,230 18,230 18,230 - Bullet Proof Vests 30,000 30,000 30,000 - Police Recruitments 20,000 20,000 20,000 - 884,050 7,236,619 8,539,194 1,302,575 SPECIAL PROGRAM FUND SPECIAL DEVELOPMENT FUND 47 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2017 - March 31, 2018 Third Quarter: October 1, 2017 - June 30, 2018 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2017/18 2017/18 2017/18 Amendments Expenditures: General Government 37,380 37,380 37,338 (42) Public Safety 50,000 954,449 1,324,346 369,897 Economic Environment 296,087 296,087 296,087 - Human Services 1,500 5,579 5,579 - Culture and Recreation 70,000 70,000 70,000 - Miscellaneous Programs - 5,444,041 6,376,761 932,720 Interfund Transfers 279,083 279,083 279,083 - Transfer to Capital Fund 100,000 100,000 100,000 - 834,050 7,186,619 8,489,194 1,302,575 Revenues: HOME Investment Partnerships 278,440 278,440 278,440 - State Housing Initiatives Partnerships 480,530 480,530 480,530 - Total - HOME/SHIP Funds 758,970 758,970 758,970 - Expenditures: Economic Environment 548,433 548,433 548,433 Interfund Transfers 210,537 210,537 210,537 Total - HOME/SHIP Programs 758,970 758,970 758,970 - LOCAL HOUSING ASSISTANCE TRUST FUND SPECIAL PROGRAM FUND 48 ADMINISTRATIVE CHANGE ORDERS MID YEAR Review FY 2017/18 49 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/20/18 Administrative Change Order #1 – Clearwater Pass South Seawall Repair (17-0044-EN). This change order is for adjusting seawall cap width to match existing, eliminating installation of well points and increasing quantity of cleaning and grouting entire seawall length resulting in a net increase to the contract. Castco Construction, Inc. 67,842.40 04/02/18 Administrative Change Order #2 & Final – Marshall Street WTP Emergency Services (16-0038-UT). This change order is for final decreases and adds items in accordance with field conditions resulting in a net decrease to the contract. TLC Diversified, Inc. (8,605.54) 04/02/18 Administrative Change Order #1 & Final – Rehabilitation of Lift Stations 28 & 39 (15-0033-UT). This change order is for final decreases and adds items in accordance with field conditions resulting in a net decrease to the contract. RTD Contractors, Inc. (29,495.01) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9163-18 Agenda Date: 6/18/2018 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9163-18 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2018, to reflect a net increase of $284,939. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/19/2018 53 Ordinance No. 9163-18 ORDINANCE NO. 9163-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, TO REFLECT A NET INCREASE OF $284,939 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2018 was adopted by Ordinance No. 9077-17; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9077-17 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2017 and ending September 30, 2018, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2017/18 2017/18 2017/18 Amendments Second Century Clearwater 12,000,000 12,000,000 12,000,000 Police Protection 521,000 521,000 521,000 - Fire Protection 3,331,610 3,581,610 3,581,610 - New Street Construction - 50,000 50,000 - Major Street Maintenance 3,997,340 3,598,340 5,094,959 1,496,619 Sidewalk and Bike Trail 472,000 472,000 (972,197) (1,444,197) Intersections 431,990 431,990 431,916 (74) Parking 600,000 578,150 578,224 74 Miscellaneous Engineering 45,000 15,917 15,917 - Park Development 6,477,840 6,452,730 6,555,289 102,559 Marine Facilities 537,500 984,792 984,792 - Airpark Facilities 115,000 115,000 115,000 - Libraries 185,000 185,000 185,000 - Garage 6,700,800 4,669,737 4,669,737 - Maintenance of Buildings 2,570,000 2,512,585 1,623,332 (889,253) General Public City Buildings 4,180,710 4,180,710 4,180,710 - Miscellaneous 4,960,000 5,469,342 6,438,614 969,272 Stormwater Utility 5,290,010 5,307,879 5,307,879 - Gas System 15,296,000 19,882,081 19,932,020 49,939 Solid Waste & Recycling 4,568,000 24,068,000 24,068,000 - Utilities Miscellaneous 300,000 292,063 292,063 - Sewer System 34,961,660 36,866,284 36,866,284 - Water System 50,134,250 48,118,364 48,118,364 - TOTAL PROJECT EXPENDITURES 157,675,710 180,353,575 180,638,514 284,939 GENERAL SOURCES: General Operating Revenue 5,473,110 5,473,110 5,473,110 - Road Millage 2,402,590 2,402,590 2,402,590 - Penny for Pinellas 20,889,840 20,889,840 20,889,840 - Multi-Modal Impact Fee 140,000 140,000 140,000 - Local Option Gas Tax 1,583,740 1,583,740 1,583,740 - County Fire Tax - 250,000 250,000 - Special Program Fund 100,000 100,000 100,000 - Grants - Other Agencies 80,000 80,000 80,000 - Property Owners Share - 39,612 89,551 49,939 Recreation Facility Impact Fee - - 235,000 235,000 SELF SUPPORTING FUNDS: Marine Revenue 120,000 120,000 120,000 - Clearwater Harbor Marina Revenue 40,000 40,000 40,000 - Airpark Revenue 55,000 55,000 55,000 - Parking Revenue 687,500 687,500 687,500 - Water Revenue 4,463,700 4,463,700 4,463,700 - Sewer Revenue 542,540 542,540 542,540 - Water Impact Fees 96,000 96,000 96,000 - Sewer Impact Fees 49,850 49,850 49,850 - Utility R&R 12,844,550 12,844,550 12,844,550 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2017/18 54 Ordinance # 9163-18 First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2017/18 2017/18 2017/18 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2017/18 Stormwater Utility Revenue 6,374,220 6,374,220 6,374,220 - Gas Revenue 15,100,000 19,605,380 19,605,380 - Solid Waste Revenue 1,080,500 17,080,500 17,080,500 - Recycling Revenue 3,079,500 3,079,500 3,079,500 - Other Governmental Revenue - (115,886) (115,886) - Grants - Other Agencies - (40,000) (40,000) - Reimbursement - 563,000 563,000 - INTERNAL SERVICE FUNDS: Garage Revenue 813,900 813,900 813,900 - General Services Revenue 250,000 250,000 250,000 - Administrative Services Revenue 1,555,000 1,555,000 1,555,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 2,066,000 2,066,000 2,066,000 - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Gas 196,000 196,000 196,000 - Lease Purchase - Water & Sewer 1,210,000 1,210,000 1,210,000 - Lease Purchase - Recycling 408,000 408,000 408,000 - Bond Issue - Water & Sewer 69,289,270 69,289,270 69,289,270 - - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 6,303,900 4,303,900 4,303,900 - Lease Purchase - General Services 36,000 25,417 25,417 Lease Purchase - Administrative Services 345,000 331,342 331,342 - TOTAL ALL FUNDING SOURCES:157,675,710 176,853,575 177,138,515 284,939 55 Ordinance # 9163-18 Mid Year Budget Review Fiscal Year 2017-18 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Deputy City Manager Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 7, 2018 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October 2017 through March 2018) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund There are no amendments to the General Fund at mid year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2017 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $20.3 million, or 15.0% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $8.8 million including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $2.3 million. Significant amendments to other City Operating Funds are noted as follows. Gas Fund Expenditure amendments in the Gas Fund reflect an increase of $1,045,470. Significant amendments include increases which total $1,036,280 to various inventory (gas) purchased for resale and increases which total $9,190 to various internal charges and for equipment purchases. These expenditure increases are offset by amendments increasing Gas Fund revenues. Mid Year Budget Review Fiscal Year 2017-18 City Manager's Transmittal Solid Waste and Recycling Fund Mid year amendments to Solid Waste and Recycling Fund expenditures reflect a decrease of $112,000 in garage service charges to offset amendments which reduce revenues. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect a net increase of $284,939. This increase is primarily the result of the transfer of $235,000 of recreation facility impact fees to the Moccasin Lake Park project which was previously approved by Council. Project activity not previously approved by the Council is summarized on page 19. This includes increases in property owners share revenue of $27,100 in the Pinellas New Mains-Service Lines project and $23,868 in the Line Relocation – Pasco Capital project. These amendments will bring the budget in line with actual activity in the project. Special Program Fund The Special Program Fund reflects a net budget increase of $1,302,575 at mid year. Significant amendments include: an increase of $214,932 in insurance proceeds received for Hurricane Irma; $26,100 in receipts from foreclosure registry fees collected; $17,355 from the Pinellas County School Board for Police extra duty; $643,997 in revenues for special events; $219,653 in fines and court proceeds to support public safety programs and the tree replacement program; and $170,212 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2017/18 2017/18 FY 17/18 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 134,945,720 142,438,824 83,738,727 82,805,356 (933,371) -1%- 142,438,824 Expenditures 134,945,720 142,438,824 81,678,721 76,594,203 5,084,518 6%- 142,438,824 Utility Funds: Water & Sewer Fund Revenues 85,471,160 85,471,160 42,748,486 41,807,219 (941,267) -2%- 85,471,160 Expenditures 79,652,370 79,955,270 43,256,473 40,621,353 2,635,120 6%- 79,955,270 Stormwater Fund Revenues 18,581,870 18,581,870 9,296,232 9,439,074 142,842 2%- 18,581,870 Expenditures 17,943,500 18,028,870 12,388,166 11,747,802 640,364 5%- 18,028,870 Gas Fund Revenues 49,887,370 55,116,811 21,528,383 24,715,119 3,186,736 15%1,045,470 56,162,281 Expenditures 49,887,370 55,116,811 38,777,695 36,365,766 2,411,929 6%1,045,470 56,162,281 Solid Waste and Recycling Fund Revenues 27,276,760 43,748,590 12,895,300 13,059,018 163,718 1%(112,000) 43,636,590 Expenditures 27,276,760 43,748,590 32,516,430 30,854,142 1,662,288 5%(112,000) 43,636,590 Enterprise Funds: Marine Fund Revenues 4,569,380 4,569,380 2,009,000 2,123,353 114,353 6%- 4,569,380 Expenditures 3,907,710 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Airpark Fund Revenues 316,870 326,870 168,780 171,162 2,382 1%- 326,870 Expenditures 268,310 269,560 165,080 166,293 (1,213) -1%- 269,560 Clearwater Harbor Marina Fund Revenues 762,290 762,290 380,956 434,062 53,106 14%- 762,290 Expenditures 651,060 655,700 358,202 295,884 62,318 17%- 655,700 Parking Fund Revenues 7,278,140 7,278,140 3,236,530 2,838,416 (398,114) -12%- 7,278,140 Expenditures 5,515,960 5,612,950 3,205,090 3,033,039 172,051 5%- 5,612,950 Internal Service Funds: General Services Fund Revenues 5,188,580 5,242,580 2,497,168 2,590,230 93,062 4%206 5,242,786 Expenditures 5,188,580 5,242,580 2,862,538 2,955,315 (92,777) -3%206 5,242,786 Administrative Services Revenues 12,442,220 12,561,880 5,806,956 5,677,397 (129,559) -2%- 12,561,880 Expenditures 12,442,220 12,561,880 7,353,789 6,774,023 579,766 8%- 12,561,880 Garage Fund Revenues 18,661,880 18,732,390 9,209,422 7,922,348 (1,287,074) -14%222 18,732,612 Expenditures 18,661,880 18,732,390 9,913,094 8,213,327 1,699,767 17%222 18,732,612 Central Insurance Fund Revenues 26,100,990 26,113,560 12,887,628 12,482,479 (405,149) -3%- 26,113,560 Expenditures 26,100,990 26,113,560 13,084,700 10,521,753 2,562,947 20%- 26,113,560 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2017-18 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 6 Other Enterprise Funds Operating Budgets ................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................... 15 Capital Improvement Program Budget ........................................................................................ 19 Special Program Fund Budget ....................................................................................................... 41 Special Development Fund ........................................................................................................... 46 Administrative Change Orders ...................................................................................................... 49 Ordinances ..................................................................................................................................... 50 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 2017 through March 31, 2018. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2018. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 18, 2017. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Capital Improvement Projects The amended 2017/18 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2017, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Other Permits and Fees - At mid year,other permits and fee revenues reflect a 46% positive variance primarily due to better than projected building/sign permit revenues.No amendment is proposed at this time. Miscellaneous - At mid year,miscellaneous revenues reflect a 37%positive variance.This is primarily due to the timing of receipt of the p- card rebate. No amendments are proposed. At mid year,transfer in revenues reflect 22%negative variance due to the timing of the gas dividend payment.No amendments are proposed. - Net General Fund Revenue Amendment City of Clearwater General Fund Revenues Mid Year Amendments FY 2017/18 Transfers In 3 Increase/ (Decrease)Description At mid year,the City Attorney's Office reflects a 19%positive variance primarily due to savings in salaries and contractual services. The Finance department reflects a 17%positive variance at mid year primarily due to salary savings. The Human Resources department reflects a 27%positive variance at mid year primarily due to salary savings. The Library department reflects an 11%positive variance at mid year primarily due to savings in salaries and lower than projected operating expenditures. Non-Departmental At mid year,the 15%positive variance is due to the timing of the payment for the Ruth Eckerd Hall capital funding agreement which was amended at first quarter. - - Finance City of Clearwater General Fund Expenditures Mid Year Amendments FY 2017/18 City Attorney's Office Net General Fund Expenditure Amendment Library Human Resources 4 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 48,026,390 43,993,300 44,486,473 493,173 1%- 48,026,390 Utility Taxes 14,741,900 5,965,452 6,493,881 528,429 9%- 14,741,900 Local Option, Fuel and Other Taxes 6,695,000 3,556,900 3,536,294 (20,606) -1%- 6,695,000 Franchise Fees 10,030,000 4,231,665 3,850,638 (381,027) -9%- 10,030,000 Other Permits & Fees 2,191,500 1,095,750 1,598,125 502,375 46%- 2,191,500 Intergovernmental 22,711,440 8,968,080 8,669,126 (298,954) -3%- 22,711,440 Charges for Services 16,311,460 7,795,566 7,112,175 (683,391) -9%- 16,311,460 Judgments, Fines and Forfeitures 1,189,000 556,170 607,573 51,403 9%- 1,189,000 Miscellaneous Revenues 2,407,910 967,218 1,320,413 353,195 37%- 2,407,910 Transfers In 10,642,594 6,608,626 5,130,658 (1,477,968) -22%- 10,642,594 Total Revenues 134,947,194 83,738,727 82,805,356 (933,371) -1%- 134,947,194 Transfer (to) from Surplus 7,491,630 - - - ~- 7,491,630 Adjusted Revenues 142,438,824 83,738,727 82,805,356 (933,371) -1%- 142,438,824 General Fund Expenditures City Council 357,340 215,049 194,040 21,009 10%- 357,340 City Manager's Office 1,029,986 533,005 488,000 45,005 8%- 1,029,986 City Attorney's Office 1,695,529 878,183 712,154 166,029 19%- 1,695,529 City Auditor's Office 222,810 118,188 109,424 8,764 7%- 222,810 CRA Administration 407,170 221,268 237,814 (16,546) -7%- 407,170 Economic Development and Housing 1,855,040 1,189,885 1,066,650 123,236 10%- 1,855,040 Engineering 7,857,800 4,086,011 3,783,267 302,744 7%- 7,857,800 Finance 2,526,130 1,369,740 1,136,953 232,787 17%- 2,526,130 Fire 27,204,574 14,229,943 14,171,333 58,610 0%- 27,204,574 Human Resources 1,428,797 754,018 546,850 207,168 27%- 1,428,797 Library 7,385,870 3,997,812 3,572,358 425,454 11%- 7,385,870 Marine and Aviation - - - - ~- - Non-Departmental 11,417,640 10,324,332 8,800,764 1,523,568 15%11,417,640 Official Records and Legislative Svcs 1,186,058 670,651 612,344 58,307 9%- 1,186,058 Parks & Recreation 29,197,110 16,993,662 15,937,431 1,056,231 6%- 29,197,110 Planning & Development 5,826,000 3,163,572 2,907,297 256,275 8%- 5,826,000 Police 41,526,460 22,241,674 21,665,227 576,447 3%- 41,526,460 Public Communications 1,043,740 556,344 519,838 36,506 7%- 1,043,740 Public Utilities 270,770 135,384 132,461 2,923 2%- 270,770 Total Expenditures 142,438,824 81,678,721 76,594,203 5,084,518 6%- 142,438,824 For Six Month Period of October 1, 2017- March 31, 2018 GENERAL FUND MID YEAR REVIEW 5 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 84,535,160 42,267,582 41,036,825 (1,230,757) -3%- 84,535,160 Judgments, Fines and Forfeits 271,000 135,498 155,052 19,554 14%- 271,000 Miscellaneous 665,000 345,406 506,062 160,656 47%- 665,000 Transfers In - - 109,280 109,280 ~- - Fund Equity - - - - ~- - Total Revenues 85,471,160 42,748,486 41,807,219 (941,267) -2%- 85,471,160 Water & Sewer Expenditures: Public Utilities Administration 1,631,910 845,524 750,489 95,035 11%- 1,631,910 Wastewater Collection 7,597,430 3,949,487 3,520,162 429,325 11%- 7,597,430 Public Utilities Maintenance 6,804,170 3,518,579 3,279,015 239,564 7%- 6,804,170 WPC / Plant Operations 14,731,550 7,754,636 7,231,121 523,515 7%- 14,731,550 WPC / Laboratory Operations 1,590,280 825,675 732,087 93,588 11%- 1,590,280 WPC / Industrial Pretreatment 947,880 496,963 447,182 49,781 10%- 947,880 Water Distribution 9,145,040 4,861,923 4,570,182 291,741 6%- 9,145,040 Water Supply 22,359,930 13,370,025 12,415,856 954,169 7%- 22,359,930 Reclaimed Water 3,149,330 1,634,789 1,435,085 199,704 12%- 3,149,330 Non-Departmental 11,997,750 5,998,872 6,240,173 (241,301) -4%- 11,997,750 Total Expenditures 79,955,270 43,256,473 40,621,353 2,635,120 6%- 79,955,270 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At mid year, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $5,515,890 for fiscal year 2017/18. No amendments are proposed to Water and Sewer Fund revenues at mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year. For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW 6 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 18,176,870 9,088,434 9,153,002 64,568 1%- 18,176,870 Judgments, Fines and Forfeits 70,000 34,998 38,022 3,024 9%- 70,000 Miscellaneous 335,000 172,800 248,050 75,250 44%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,581,870 9,296,232 9,439,074 142,842 2%- 18,581,870 Stormwater Expenditures: Stormwater Management 11,488,590 8,978,182 8,730,778 247,404 3%- 11,488,590 Stormwater Maintenance 6,540,280 3,409,984 3,017,024 392,960 12%- 6,540,280 Total Expenditures 18,028,870 12,388,166 11,747,802 640,364 5%- 18,028,870 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year. At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $553,000 for fiscal year 2017/18. 7 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 41,867,621 21,211,073 24,367,265 3,156,192 15%1,190,000 43,057,621 Judgments, Fines and Forfeits 132,000 66,000 69,706 3,706 6%- 132,000 Miscellaneous 484,500 250,650 277,488 26,838 11%7,000 491,500 Transfers In 660 660 660 - 0%- 660 Fund Equity 12,632,030 - - - ~(151,530) 12,480,500 Total Revenues 55,116,811 21,528,383 24,715,119 3,186,736 15%1,045,470 56,162,281 Gas Expenditures: Administration & Supply 22,008,637 11,804,576 9,754,498 2,050,078 17%269,000 22,277,637 South Area Gas Operations 12,080,089 4,864,212 4,822,425 41,787 1%408,840 12,488,929 North Area Gas Operations 5,713,440 4,065,745 3,886,664 179,081 4%300,360 6,013,800 Marketing & Sales 15,314,645 18,043,162 17,902,179 140,983 1%67,270 15,381,915 Total Expenditures 55,116,811 38,777,695 36,365,766 2,411,929 6%1,045,470 56,162,281 GAS FUND (continued) Increase/ (Decrease)Amendment Description: Gas Fund Revenues:1,045,470 Gas Fund Expenditures:1,045,470 At mid year, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,Gas Fund revenues reflect amendments which net an increase of $1,045,470.Amendments include the following:1)an increase totaling $1,190,000 in Charges for Service revenues representing increases in various gas sales and installation charges; 2)an increase of $7,000 to other general revenue,and 3)a reduction of $151,530 to the use of reserves which represents the net increase in revenues over expenditure amendments at mid year. Mid year expenditure amendments reflect a net increase of $1,045,470.Amendments include:1)a net increase of $1,036,280 in operating expenses due primarily to increased inventory (gas) purchases for resale;2)a net increase of $5,490 to various internal charges,and 3)an increase of $3,700 to equipment purchases all to bring the budget in line with actual activity to date. 8 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 600 848 248 41%- 1,200 Charges for Service 22,509,500 11,254,752 11,377,009 122,257 1%20,000 22,529,500 Judgments, Fines and Forfeits 85,100 42,546 44,860 2,314 5%- 85,100 Miscellaneous 553,000 272,902 412,383 139,481 51%(20,000) 533,000 Transfers In - - - - ~- - Solid Waste Revenues 23,148,800 11,570,800 11,835,100 264,300 2%- 23,148,800 Recycling Revenues: Other Permits and Fees 400 198 345 147 74%- 400 Intergovernmental 82,800 82,800 - (82,800) -100%- 82,800 Charges for Service 2,157,000 1,086,998 1,104,447 17,449 2%- 2,157,000 Judgments, Fines and Forfeits 8,000 4,002 4,472 470 12%- 8,000 Miscellaneous 319,200 150,502 114,654 (35,848) -24%(112,000) 207,200 Transfers In - - - - ~- - Recycling Revenues 2,567,400 1,324,500 1,223,918 (100,582) -8%(112,000) 2,455,400 Fund Equity 18,032,390 - - - ~- 18,032,390 Total Revenues 43,748,590 12,895,300 13,059,018 163,718 1%(112,000) 43,636,590 Solid Waste Expenditures: Collection 17,432,520 9,462,271 8,311,394 1,150,877 12%- 17,432,520 Transfer 17,721,970 16,961,874 16,906,763 55,111 0%- 17,721,970 Container Maintenance 898,810 477,623 433,535 44,088 9%- 898,810 Administration 976,120 507,584 524,534 (16,950) -3%- 976,120 Solid Waste Expenditures 37,029,420 27,409,352 26,176,227 1,233,125 4%- 37,029,420 Recycling Expenditures: Residential 1,422,900 748,162 649,376 98,786 13%(20,000) 1,402,900 Multi-Family 474,100 247,360 231,222 16,138 7%- 474,100 Commercial 4,822,170 4,111,556 3,797,318 314,238 8%(92,000) 4,730,170 Recycling Expenditures 6,719,170 5,107,078 4,677,916 429,162 8%(112,000) 6,607,170 Total Expenditures 43,748,590 32,516,430 30,854,142 1,662,288 5%(112,000) 43,636,590 At mid year, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2017/18. 9 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2017 to March 31, 2018 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:(112,000) Solid Waste and Recycling Fund Expenditures:(112,000) Amendments to Solid Waste and Recycling fund revenues reflect a net decrease of $112,000 at mid year.Amendments include a decrease of $84,000 in sales of recyclables due to reduce market prices on cardboard;and a decrease of $28,000 in interest on investment revenues. Amendments to Solid Waste and Recycling fund expenditures reflect a decrease of $112,000 in garage service charges to offset reduced revenues. 10 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,000 - 1,619 1,619 ~- 4,000 Charges for Service 4,512,380 1,982,696 2,054,307 71,611 4%- 4,512,380 Judgments, Fines and Forfeits 3,000 1,500 2,128 628 42%- 3,000 Miscellaneous Revenue 50,000 24,804 65,299 40,495 163%- 50,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,569,380 2,009,000 2,123,353 114,353 6%- 4,569,380 Marine Expenditures: Marina Operations 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Total Expenditures 3,930,720 1,820,474 2,004,585 (184,111) -10%- 3,930,720 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $638,660 for fiscal year 2017/18. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW 11 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - - ~- - Charges for Service 732,490 366,252 422,025 55,773 15%- 732,490 Judgments, Fines and Forfeits 800 402 199 (203) -50%- 800 Miscellaneous Revenue 29,000 14,302 11,838 (2,464) -17%- 29,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 762,290 380,956 434,062 53,106 14%- 762,290 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 655,700 358,202 295,884 62,318 17%- 655,700 Total Expenditures 655,700 358,202 295,884 62,318 17%- 655,700 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- Clearwater Harbor Marina Fund revenues reflect a 14% positive variance at mid year due to better than anticipated slip rental revenues. No amendments are proposed. Mid year expenditures in the Clearwater Harbor Marina Fund reflect a 17%positive variance due to savings in salaries and utilities costs. No amendments are proposed. At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $106,590 for fiscal year 2017/18. 12 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 19,000 9,498 8,455 (1,043) -11%- 19,000 Miscellaneous Revenue 297,870 149,282 152,707 3,425 2%- 297,870 Transfers In 10,000 10,000 10,000 - 0%- 10,000 Fund Equity - - - - ~- - Total Revenues 326,870 168,780 171,162 2,382 1%- 326,870 Airpark Expenditures: Airpark Operations 269,560 165,080 166,293 (1,213) -1%- 269,560 Total Expenditures 269,560 165,080 166,293 (1,213) -1%- 269,560 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $57,310 for fiscal year 2017/18. No amendments are proposed to Airpark Fund revenues at mid year.The ordinance reflects an increase of $10,000 for the first quarter amendment that was left out of the ordinance in error. No amendments are proposed to Airpark Fund expenditures at mid year. 13 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 6,381,140 2,831,548 2,513,283 (318,265) -11%- 6,381,140 Judgments, Fines and Forfeits 630,000 276,280 228,966 (47,314) -17%- 630,000 Miscellaneous Revenue 267,000 128,702 96,167 (32,535) -25%- 267,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 7,278,140 3,236,530 2,838,416 (398,114) -12%- 7,278,140 PARKING FUND EXPENDITURES Engineering/Parking System 4,091,940 2,418,621 2,397,377 21,244 1%- 4,091,940 Engineering/Parking Enforcement 629,080 291,395 236,116 55,279 19%- 629,080 Parks & Rec/Beach Guards 891,930 495,074 399,546 95,528 19%- 891,930 Total Expenditures 5,612,950 3,205,090 3,033,039 172,051 5%- 5,612,950 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- Parking revenues reflect a 12%negative variance at mid year primarily due to the seasonal timing of parking receipts.No amendments are proposed. No amendments are proposed to Parking Fund expenditures at mid year. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,665,190 for fiscal year 2017/18. 14 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,974,920 2,487,468 2,558,528 71,060 3%- 4,974,920 Miscellaneous Revenues 20,000 9,700 31,702 22,002 227%- 20,000 Transfers In - - - - ~206 206 Fund Equity 247,660 - - - ~- 247,660 Total Revenues 5,242,580 2,497,168 2,590,230 93,062 4%206 5,242,786 General Services Expenditures: Administration 388,960 214,420 200,034 14,386 7%38 388,998 Building & Maintenance 4,853,620 2,648,118 2,755,282 (107,164) -4%168 4,853,788 Total Expenditures 5,242,580 2,862,538 2,955,315 (92,777) -3%206 5,242,786 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:206 General Services Fund Expenditures:206 For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,General Services Fund revenues reflect an increase of $206.00 to transfer-in revenues recognizing safety award funding from the Central Insurance Fund. At mid year,General Services Fund expenditures reflect an increase of $206.00 to employee recognition for receipt of the quarterly safety award. 15 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 11,517,320 5,758,656 5,604,931 (153,725) -3%- 11,517,320 Miscellaneous Revenues 100,000 48,300 72,466 24,166 50%- 100,000 Transfers In - - - - ~- - Fund Equity 944,560 - - - ~- 944,560 Total Revenues 12,561,880 5,806,956 5,677,397 (129,559) -2%- 12,561,880 Administrative Services Expenditures: Info Tech / Admin 386,090 209,153 194,477 14,676 7%- 386,090 Info Tech / Network Svcs 3,808,130 2,132,242 1,878,343 253,899 12%- 3,808,130 Info Tech / Software Applications 3,648,070 2,490,807 2,463,589 27,218 1%- 3,648,070 Info Tech / Telecommunications 870,330 440,693 327,439 113,254 26%- 870,330 Public Comm / Courier 177,080 88,850 76,202 12,648 14%- 177,080 Clearwater Customer Service 3,672,180 1,992,044 1,833,973 158,071 8%- 3,672,180 Total Expenditures 12,561,880 7,353,789 6,774,023 579,766 8%- 12,561,880 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2017/18. No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. 16 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,762,040 8,881,020 7,729,831 (1,151,189) -13%- 17,762,040 Miscellaneous Revenues 696,000 328,402 192,517 (135,885) -41%- 696,000 Transfers In - - - - ~222 222 Fund Equity 274,350 - - - ~- 274,350 Total Revenues 18,732,390 9,209,422 7,922,348 (1,287,074) -14%222 18,732,612 Garage Fund Expenditures: Fleet Maintenance 16,906,120 8,941,712 7,347,610 1,594,102 18%210 16,906,330 Radio Communications 1,826,270 971,382 865,716 105,666 11%12 1,826,282 Total Expenditures 18,732,390 9,913,094 8,213,327 1,699,767 17%222 18,732,612 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:222 Garage Fund Expenditures:222 At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2017/18. At mid year,Garage Fund revenues reflect a 14%negative variance primarily due to lower than anticipated garage charges to departments.Amendments increase transfer-in revenues by $222.00 to recognize safety award funding from the Central Insurance Fund. Garage fund expenditures reflect a 17%positive variance at mid year due to lower than projected fuel costs.Amendments increase employee recognition by $222.00 for receipt of the quarterly safety award. 17 2017/18 2017/18 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2017 - March 31, 2018 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,389,450 12,694,728 12,118,305 (576,423) -5%- 25,389,450 Miscellaneous Revenues 400,000 192,900 364,174 171,274 89%- 400,000 Transfers In - - - - ~- - Fund Equity 324,110 - - - ~- 324,110 Total Revenues 26,113,560 12,887,628 12,482,479 (405,149) -3%- 26,113,560 Central Insurance Expenditures: Finance / Risk Management 497,650 260,298 146,464 113,834 44%- 497,650 HR / Employee Benefits 399,710 216,302 187,840 28,462 13%- 399,710 HR / Employee Health Clinic 1,691,490 845,742 646,395 199,347 24%- 1,691,490 Non-Departmental 23,524,710 11,762,358 9,541,054 2,221,304 19%- 23,524,710 Total Expenditures 26,113,560 13,084,700 10,521,753 2,562,947 20%- 26,113,560 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at mid year. At mid year,expenditures in the Central Insurance Fund reflect a 20%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2017/18. 18 CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2017/18 19 The amended 2017/18 Capital Improvement Program budget report is submitted for the City Council's mid year review. The net proposed amendment is a budget increase in the amount of $284,939. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity: ➢ Pinellas New Mains-Service Lines - To record a budget increase in the amount of $27,100.07 of property owners share revenue. This will bring budgeted revenues in line with actual cash receipts. ➢ Line Relocation-Pasco-Capital - To record a budget increase in the amount of $23,867.91 of property owners share revenue. This will bring budgeted revenues in line with actual cash receipts. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Moccasin Lake Park Master Plan Renovation 235,000 03/01/18 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police District 3 Sub Station - CLOSE PROJECT 1 315-91152 (200,000) To record a budget transfer in the amount of $200,000.00 of General Fund revenue,to project PD00180001,Police District 3 Sub Station for conversion to new project accounting software.This project will be closed.(200,000) Police District 3 Sub Station - NEW PROJECT 2 PD00180001 200,000 To record a budget transfer in the amount of $200,000.00 of General Fund revenue,from project 315- 91152, Police District 3 Sub Station. 200,000 Druid Road Improvements - CLOSE PROJECT 3 315-92146 (3,483,646) To record budget transfers in the amount of $1,191,861.70 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $2,291,784.00 of Florida Department of Transportation grant revenue,to project ENRD180001,Druid Road Trail for conversion to new project accounting software. This project will be closed.(3,483,646) Druid Road Trail - NEW PROJECT 4 ENRD180001 3,483,646 To record budget transfers in the amount of $1,191,861.70 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $2,291,784.00 of Florida Department of Transportation grant revenue,from project 315-92146, Druid Road Improvements. 3,483,646 5 315-92274 (5,563,832) To record a budget transfer in the amount of $5,563,832.47 of Local Option Fuel Tax revenue to project ENRD180002,Bridge Maintenance & Improvements for conversion to new project accounting software. This project will be closed.(5,563,832) 6 ENRD180002 5,563,832 To record a budget transfer in the amount of $5,563,832.47 of Local Option Fuel Tax revenue from project 315-92274,Bridge Maintenance & Improvements. 5,563,832 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Bridge Maintenance & Improvements - NEW PROJECT Bridge Maintenance & Improvements - CLOSE PROJECT 20 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Traffic Calming Program - CLOSE PROJECT 7 315-92276 (1,062,932) To record budget transfers in the amount of $1,062,931.82 which includes:$562,931.82 of Infrastructure Sales Tax (Penny for Pinellas)revenue; $300,000.00 of Multi-Modal Impact Fees,and $200,000.00 of Local Option Fuel Tax revenue to project ENRD180003,Traffic Calming for conversion to new project accounting software. This project will be closed.(1,062,932) Traffic Calming - NEW PROJECT 8 ENRD180003 1,062,932 To record a budget transfer in the amount of $1,062,931.82 which includes:$562,931.82 of Infrastructure Sales Tax (Penny for Pinellas)revenue; $300,000.00 of Multi-Modal Impact Fees,and $200,000.00 of Local Option Fuel Tax revenue from project 315-92276, Traffic Calming Program. 1,062,932 Streets & Sidewalks - CLOSE PROJECT 9 315-92277 (5,852,121) To record a budget transfer in the amount of $5,852,121.21 of Road Millage revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software.This project will be closed.(5,852,121) Streets and Sidewalks - NEW PROJECT 10 ENRD180004 7,348,740 To record budget transfers in the amount of $5,852,121.21 of Road Millage revenue from project 315- 92277,Streets &Sidewalks;$52,421.89 of Fuel Tax revenue from project 315-94839,Roadway &Traffic Asset Management;and $1,444,196.61 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315- 92339, New Sidewalks. 7,348,740 Downtown Streetscaping - CLOSE PROJECT 11 315-92278 (3,645,672) To record a budget transfer in the amount of $3,645,672.08 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180001,Downtown Streetscaping for conversion to new project accounting software. This project will be closed.(3,645,672) 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Downtown Streetscaping - NEW PROJECT 12 ENGF180001 3,645,672 To record a budget transfer in the amount of $3,645,672.08 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-92278,Downtown Streetscaping. 3,645,672 New Sidewalks - CLOSE PROJECT 13 315-92339 (1,444,197) To record a budget transfer in the amount of $1,444,196.61 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software. This project will be closed.(1,444,197) 14 315-92559 (495,582) To record budget transfers of $261,269.58 of Multi- Modal Impact Fees;$1,990.00 of Local Option Fuel Tax; $45,000.00 of Road Millage revenue;and $187,322.00 in other governmental revenue (CSX)to project ENRD180005,City Wide Intersection Improvements for conversion to new project accounting software.This project will be closed.(495,582) City-Wide Intersections Improvement - NEW PROJECT 15 ENRD180005 1,995,273 To record budget transfers in the amount of $261,269.58 of Multi-Modal Impact Fees,$1,990.00 of Local Option Fuel Tax,$45,000.00 of Road Millage revenue,and $187,322.00 in other governmental revenue (CSX)from project 315-92559,City-Wide Intersection Improvements;budget transfers of $737,927.16 of Multi-Modal Impact Fees,$536,764.74 of Local Option Fuel Tax,and $225,000.00 of Road Millage revenue from project 315-92562,Intersection Improvements. 1,995,273 Signal Renovations - CLOSE PROJECT 16 315-92560 (408,440) To record a budget transfer in the amount of $408,439.64 of Local Option Fuel Tax revenue to project ENRD180006,Traffic Signals for conversion to new project accounting software.This project will be closed.(408,440) City-Wide Intersections Improvement - CLOSE PROJECT 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 New Signal Installations - CLOSE PROJECT 17 315-92561 (150,121) To record a budget transfer in the amount of $150,120.64 of Multi-Modal Impact Fees to project ENRD180006,Traffic Signals for conversion to new project accounting software. This project will be closed.(150,121) Traffic Signals - NEW PROJECT 18 ENRD180006 558,560 To record a budget transfer in the amount of $408,439.64 of Local Option Fuel Tax revenue from project 315-92560,Signal Renovations and $150,120.64 of Multi-Modal Impact Fees from project 315-92561, New Signal Installation. 558,560 Intersection Improvements - CLOSE PROJECT 19 315-92562 (1,499,766) To record the following budget transfers:$73.81 of Multi-Modal Impact fee to project 315-92845, Clearwater Beach Transit Center;and $737,927.16 of Multi-Modal Impact Fees,$536,764.74 of Local Option Fuel Tax,and $225,000.00 of Road Millage revenue to project ENRD180005,City-Wide Intersection Improvements for conversion to new project accounting software. This project will be closed.(1,499,766) Traffic Safety Infrastructure - CLOSE PROJECT 20 315-92563 (958,011) To record budget transfers of $190,000.00 of Multi- Modal Impact Fees,$588,011.30 of Local Option Fuel Tax,and $180,000.00 of Road Millage revenue to project ENRD180007,Traffic Safety Infrastructure for conversion to new project accounting software.This project will be closed.(958,011) Traffic Safety Infrastructure - NEW PROJECT 21 ENRD180007 958,011 To record budget transfers of $190,000.00 of Multi- Modal Impact Fees;$588,011.30 of Local Option Fuel Tax and $180,000.00 of Road Millage revenue from project 315-92563, Intersection Improvements. 958,011 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Downtown Intermodal - CLOSE PROJECT 22 315-92839 (878,678) To record budget transfers of $491,068.54 of Infrastructure Sales Tax (Penny for Pinellas)revenue, and $387,609.77 of General Fund revenue to project ENGF180002,Downtown Intermodal for conversion to new project accounting software.This project will be closed. 388-92839 (46,078) To record a budget transfer in the amount of $46,078.00 of Community Redevelopment Agency revenue to project ENGF180002,Downtown Intermodal.This project will be closed.(924,756) Downtown Intermodal - NEW PROJECT 23 ENGF180002 924,756 To record budget transfers of $491,068.54 of Infrastructure Sales Tax (Penny for Pinellas)revenue, $387,609.77 of General Fund revenue,and $46,078.00 of Community Redevelopment Agency revenue from projects 315-92839 and 388-92839,Downtown Intermodal. 924,756 Miscellaneous Engineering - CLOSE PROJECT 24 315-92841 (196,206) To record a budget transfer of $196,206.32 of General Fund revenue to project ENGF180003,Miscellaneous Engineering for conversion to new project accounting software. This project will be closed.(196,206) Miscellaneous Engineering - NEW PROJECT 25 ENGF180003 196,206 To record a budget transfer of $196,206.32 of General Fund revenue from project 315-92841,Miscellaneous Engineering. 196,206 Survey Equipment Replacement - CLOSE PROJECT 26 315-92843 (7,788) To record a budget transfer of $7,787.75 of General Fund revenue to project ENGF180004,Survey Equipment Replacement for conversion to new project accounting software. This project will be closed.(7,788) Survey Equipment Replacement - NEW PROJECT 27 ENGF180004 7,788 To record a budget transfer of $7,787.75 of General Fund revenue from project 315-92843,Survey Equipment Replacement. 7,788 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Clearwater Beach Transit Center 28 315-92845 74 To record a budget transfer of $73.81 of Multi-Modal Impact Fees from project 315-92562,Intersection Improvements.74 29 315-93277 (132,441) To record a budget transfer of $132,440.61 of Harborview Fund revenue to project ENGF180013, Imagine Clearwater for conversion to new project accounting software. This project will be closed.(132,441) City-wide Seawall Replacement - CLOSE PROJECT 30 315-93412 (1,018,689) To record a budget transfer of $1,018,689.29 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180006,Citywide Docks and Seawalls for conversion to new project accounting software.This project will be closed.(1,018,689) City-wide Docks and Seawall - NEW PROJECT 31 ENGF180006 1,412,502 To record a budget transfer of $1,018,689.29 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-93412,Citywide Seawall Replacement; and a budget transfer of $393,813.13 of General Fund revenue from project 315-93497, Docks and Seawalls. 1,412,502 32 315-93425 (6,748,000) To record budget transfers of $1,748,000.00 in General Fund revenue,and $5,000,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue to project ENGF180014, Seminole Boat Launch Improvements for conversion to new project accounting software.This project will be closed.(6,748,000) Seminole Boat Launch Improvements - NEW PROJECT 33 ENGF180014 6,748,000 To record budget transfers of $1,748,000.00 in General Fund revenue and $5,000,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315- 93425, Seminole Boat Launch Improvements. 6,748,000 Harborview Infrastructure Repair-Improvement - CLOSE PROJECT Seminole Boat Launch Improvements - CLOSE PROJECT 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Docks & Seawalls - CLOSE PROJECT 34 315-93497 (393,813) To record a budget transfer of $393,813.13 of General Fund revenue to project ENGF180006,Citywide Docks and Seawalls for conversion to new project accounting software. This project will be closed.(393,813) Phillip Jones Park Renovations - CLOSE PROJECT 35 315-93631 (224,726) To record a budget transfer of $224,726.09 of Solid Waste revenue to project ENGF180007,Phillip Jones Park for conversion to new project accounting software. This project will be closed.(224,726) Phillip Jones Park Renovations - NEW PROJECT 36 ENGF180007 224,726 To record a budget transfer of $224,726.09 of Solid Waste revenue from project 315-93631,Phillip Jones Park Renovations. 224,726 Moccasin Lake Park Master Plan Renovation 37 315-93648 235,000 To record a budget increase of $235,000.00 of Recreation Facility Impact Fee revenues from the Special Development Fund.This was approved by the City Council on March 1, 2018. 235,000 Police Radio P25 Upgrade - CLOSE PROJECT 38 366-94243 (200,000) To record a budget transfer of $200,000.00 of Garage Fund revenue to project GSFL180002,P25 Radio Equipment &Infrastructure for conversion to new project accounting software. This project will be closed.(200,000) 39 GSFL180002 200,000 To record a budget transfer of $200,000.00 of Garage Fund revenue from project 366-94243,Police Radio P25 Upgrade.200,000 Fleet Industrial Fans - CLOSE PROJECT 40 366-94245 (5,520) To record a budget transfer of $5,519.99 of Garage Fund revenue to project GSFL180001,Fleet Facility R&R for conversion to new project accounting software.This project will be closed.(5,520) Fleet Facility R&R - NEW PROJECT 41 GSFL180001 5,520 To record a budget transfer in the amount of $5,519.99 of Garage Fund revenue from project 366-94245,Fleet Industrial Fans.5,520 P25 Radio Equipment & Infrastructure - NEW PROJECT 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Air Condition Replace City Wide - CLOSE PROJECT 42 365-94510 (704,436) To record a budget transfer of $704,436.00 of General Fund revenue to project GSBM180001,Air Condition Replace City Wide for conversion to new project accounting software. This project will be closed.(704,436) Air Condition Replace City Wide - NEW PROJECT 43 GSBM180001 704,436 To record a budget transfer of $704,436.00 of General Fund revenue from project 365-94510,Air Condition Replace City Wide.704,436 Roof Repair - CLOSE PROJECT 44 365-94512 (124,213) To record a budget transfer of $124,213.39 of General Fund revenue to project GSBM180003,Roof Repair and Replacement for conversion to new project accounting software. This project will be closed.(124,213) Roof Replacement - CLOSE PROJECT 45 365-94514 (1,021,196) To record a budget transfer of $1,021,196.06 of General Fund revenue to project GSBM180003,Roof Repair and Replacement for conversion to new project accounting software. This project will be closed.(1,021,196) Roof Repair and Replacement - NEW PROJECT 46 GSBM180003 1,145,409 To record a budget transfer of $124,213.39 of General Fund revenue from project 365-94512,Roof Repair;and a budget transfer of $1,021,196.06 of General Fund revenue from project 365-94514, Roof Replacement.1,145,409 Painting of Facilities - CLOSE PROJECT 47 365-94517 (517,923) To record a budget transfer of $517,922.64 of General Fund revenue to project GSBM180004,Painting of Facilities for conversion to new project accounting software. This project will be closed.(517,923) Painting of Facilities - NEW PROJECT 48 GSBM180004 517,923 To record a budget transfer in the amount of $517,922.64 of General Fund revenue from project 365- 94517, Painting of Facilities.517,923 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Fencing of Facilities - CLOSE PROJECT 49 365-94518 (143,170) To record a budget transfer of $143,169.75 of General Fund revenue to project GSBM180005,Fencing of Facilities for conversion to new project accounting software. This project will be closed.(143,170) Fencing of Facilities - NEW PROJECT 50 GSBM180005 143,170 To record a budget transfer of $143,169.75 of General Fund revenue from project 365-94518,Fencing of Facilities.143,170 Flooring for Facilities - CLOSE PROJECT 51 365-94519 (577,837) To record a budget transfer of $577,836.92 of General Fund revenue to project GSBM180002,Flooring for Facilities for conversion to new project accounting software. This project will be closed.(577,837) Flooring for Facilities - NEW PROJECT 52 GSBM180002 577,837 To record a budget transfer of $577,836.92 of General Fund revenue from project 365-94519,Flooring for Facilities.577,837 53 365-94521 (460,576) To record a budget transfer of $460,575.68 of General Fund revenue to project GSBM180007,Elevator Refurbishment-Modernization for conversion to new project accounting software. This project will be closed.(460,576) 54 GSBM180007 460,576 To record a budget transfer of $460,575.68 of General Fund revenue from project 365-94521,Elevator Refurbishment-Modernization.460,576 Light Replacement & Repair - CLOSE PROJECT 55 365-94528 (178,197) To record a budget transfer of $178,196.55 of General Fund revenue to project GSBM180006,Light Replacement &Repair for conversion to new project accounting software. This project will be closed.(178,197) Light Replacement & Repair - NEW PROJECT 56 GSBM180006 178,197 To record a budget transfer of $178,196.55 of General Fund revenue from project 365-94528,Light Replacement & Repair.178,197 Elevator Refurbishment-Modernization - CLOSE PROJECT Elevator Refurbishment-Modernization - NEW PROJECT 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Building Systems - CLOSE PROJECT 57 365-94530 (518,377) To record a budget transfer of $518,377.34 of General Fund revenue to project GSBM180008,Building Systems for conversion to new project accounting software. This project will be closed.(518,377) Building Systems - NEW PROJECT 58 GSBM180008 518,377 To record a budget transfer of $518,377.34 of General Fund revenue from project 365-94530,Building Systems.518,377 MSB Renovations - CLOSE PROJECT 59 365-94531 (1,085,242) To record a budget transfer of $1,085,242.37 of Special Development Fund revenue to project GSBM180012, General Facility Building Major Renovation for conversion to new project accounting software.This project will be closed.(1,085,242) 60 GSBM180012 1,085,242 To record a budget transfer of $1,085,242.37 of Special Development Fund revenue from project 365-94531, MSB Renovations.1,085,242 New A/C System Chiller - CLOSE PROJECT 61 315-94532 (1,300,000) To record budget transfers of $700,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue, and $600,000.00 in General Fund revenue to project GSBM180009, New A/C Chiller Systems for conversion to new project accounting software.This project will be closed.(1,300,000) New A/C Chiller Systems - NEW PROJECT 62 GSBM180009 1,300,000 To record budget transfers of $700,000.00 in Infrastructure Sales Tax (Penny for Pinellas)revenue, and $600,000.00 in General Fund revenue from project 315-94532, New A/C System Chiller.1,300,000 General Services R&R - CLOSE PROJECT 63 365-94533 (150,000) To record a budget transfer of $150,000.00 of General Services revenue to project GSBM180010,General Services R&R for conversion to new project accounting software. This project will be closed.(150,000) General Facility Building Major Renovations - NEW PROJECT 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 General Services R&R - NEW PROJECT 64 GSBM180010 150,000 To record a budget transfer of $150,000.00 of General Services revenue from project 365-94533,General Services R&R.150,000 Generator Maintenance - CLOSE PROJECT 65 365-94534 (350,000) To record a budget transfer of $350,000.00 of Garage Fund revenue to project GSBM180011,Generator Maintenance for conversion to new project accounting software. This project will be closed.(350,000) Generator Maintenance - NEW PROJECT 66 GSBM180011 350,000 To record a budget transfer in the amount of $350,000.00 of Garage Fund revenue from project 365- 94534, Generator Maintenance.350,000 Harborview Demolition - CLOSE PROJECT 67 315-94624 (889,253) To record a budget transfer of $889,253.01 of Special Development Fund revenue to project ENGF180013, Imagine Clearwater for conversion to new project accounting software. This project will be closed.(889,253) Public Works Complex - CLOSE PROJECT 68 315-94626 (4,713,738) To record a budget transfer in the amount of $4,713,738.00 consisting of $87,180.32 of General Fund revenue;$1,191,466.48 of Stormwater revenue; $173,361.59 of Water revenue;$161,729.61 in Sewer revenue;and $3,100,000.00 of Water &Sewer bond proceeds to project ENGF180012,Public Works Complex for conversion to new project accounting software.This project will be closed.(4,713,738) Public Works Complex - NEW PROJECT 69 ENGF180012 4,713,738 To record a budget transfer in the amount of $4,713,738.00 consisting of $87,180.32 of General Fund revenue;$1,191,466.48 of Stormwater revenue; $173,361.59 of Water revenue;$161,729.61 in Sewer revenue;and $3,100,000.00 of Water &Sewer Bond proceeds from project 315-94626,Public Works Complex. 4,713,738 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 City-wide Connectivity Infrastructure 70 355-94729 200,000 To record a budget transfer of $200,000.00 of Administrative Services revenue from project 355- 94857, Accela Permitting & Code Enforcement.200,000 71 315-94761 (339,408) To record a budget transfer of $339,408.42 of General Fund revenue to project ENGF180010,Pollutant Storage Tank for conversion to new project accounting software. This project will be closed.(339,408) Pollutant Storage Tank - NEW PROJECT 72 ENGF180010 339,408 To record a budget transfer of $339,408.42 of General Fund revenue from project 315-94761,Pollutant Storage Tank Removal/Replacement. 339,408 Environmental Assessment & Cleanup - CLOSE PROJECT 73 315-94803 (410,384) To record a budget transfer of $410,383.79 of General Fund revenue to project ENGF180011,Environmental Assessment &Cleanup for conversion to new project accounting software. This project will be closed.(410,384) 74 ENGF180011 410,384 To record a budget transfer of $410,383.79 of General Fund revenue from project 315-94803,Environmental Assessment & Cleanup. 410,384 HR Peoplesoft Upgrade - CLOSE PROJECT 75 355-94820 (306,538) To record a budget transfer in the amount of $306,537.66 of Administrative Services revenue to project 355-94828,Financial Systems Upgrades.This project will be closed (306,538) Financial Systems Upgrades 76 355-94828 406,538 To record budget transfers of Administrative Services revenue of $306,537.66 from project 355-94820,HR Peoplesoft Upgrade;and $100,000.00 from project 355- 94828, Citywide Camera System.406,538 Pollutant Storage Tank Removal/Replacement - CLOSE PROJECT Environmental Assessment & Cleanup - NEW PROJECT 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 77 315-94839 (52,422) To record a budget transfer of $52,421.89 of Fuel Tax revenue to project ENRD180004,Streets and Sidewalks for conversion to new project accounting software.This project will be closed.(52,422) Accela Permitting & Code Enforcement 78 355-94857 (200,000) To record a budget transfer of $200,000.00 of Administrative Services revenue to project 355-94729, City-wide Connectivity Infrastructure.(200,000) Citywide Camera System 79 355-94873 (100,000) To record a budget transfer of $100,000.00 of Administrative Services revenue to project 355-94828, Financial System Upgrades.(100,000) Imagine Clearwater Implementation - CLOSE PROJECT 80 315-94892 (5,495,135) To record a budget transfer in the amount of $5,495,135.24 consisting of $5,000,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $495,135.24 of General Fund revenue to project ENGF180013,Imagine Clearwater for conversion to new project accounting software. This project will be closed.(5,495,135) Imagine Clearwater - NEW PROJECT 81 ENGF180013 6,516,829 To record the following budget transfers:1) $5,000,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue and $495,135.24 of General Fund revenue from project 315-94892,Imagine Clearwater; 2)$889,253.01 of Special Development Fund revenue from project 315-94624,Harborview Demolition;and 3) $132,440.61 of Harborview Fund revenue from project 315-93277,Harborview Infrastructure Repair- Improvement. 6,516,829 Line Relocation Pinellas Maintenance 82 323-96365 (53,000) To record a budget transfer in the amount of $53,000.00 of Gas Fund revenue to project 323-96367,Gas Meter Change Out Pinellas.(53,000) Roadway & Traffic Asset Management - CLOSE PROJECT 32 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 Gas Meter Change Out Pinellas 83 323-96367 53,000 To record a budget transfer in the amount of $53,000.00 of Gas Fund revenue from project 323-96365,Line Relocation Pinellas Maintenance.53,000 Line Relocation Pinellas-Capital 84 323-96374 (1,029) * To record a budget decrease in the amount of $1,028.66 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.(1,029) Pinellas New Mains-Service Lines 85 323-96377 27,100 * To record a budget increase in the amount of $27,100.07 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.27,100 Pasco New Mains-Service Lines 86 323-96378 (500,000) To record a budget transfer in the amount of $500,000.00 of Gas Fund revenue to project 323-96386, Expanded Energy Conservation.(500,000) Line Relocation-Pasco-Capital 87 323-96381 23,868 * To record a budget increase in the amount of $23,867.91 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.23,868 Expanded Energy Conservation 88 323-96386 500,000 To record a budget transfer in the amount of $500,000.00 of Gas Fund revenue from project 323- 96378, Pasco New Mains-Service Lines.500,000 89 324-96447 (19,650,130) To record a budget transfer of Solid Waste revenue in the amount of $19,650,129.82 to project SRTS180001, Solid Waste Transfer Station Rebuild for conversion to new project accounting software.This project will be closed.(19,650,130) Solid Waste T/F Station Rebuild - CLOSE PROJECT 33 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2017/18 90 SRTS180001 19,650,130 To record a budget transfer of Solid Waste revenue in the amount of $19,650,129.82 from project 324-96447, Solid Waste Transfer Station Rebuild. 19,650,130 91 326-96809 (883,133) To record a budget transfer of $883,132.65 of Recycling revenue to project SR00180003,Processing Center Building Replacement for conversion to new project accounting software. This project will be closed.(883,133) 92 326-96810 (2,979,500) To record a budget transfer of $2,979,500.00 of Recycling revenue to project SR00180003,Processing Center Building Replacement for conversion to new project accounting software. This project will be closed.(2,979,500) 93 SR00180003 3,862,633 To record budget transfers of Recycling revenue of $883,132.65 from project 326-96809,Recycling Process Center Expansion and Upgrade; and $2,979,500.00 from project 326-96810,Recycling-Processing Facility Replacement. 3,862,633 284,939 (0) 284,939 Solid Waste Transfer Station Rebuild - NEW PROJECT TOTAL BUDGET INCREASE /(DECREASE) Recycling Process Center Expansion and Upgrade - CLOSE PROJECT Recycling - Processing Facility Replacement - CLOSE PROJECT Processing Center Building Replacement - NEW PROJECT 34 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,845,426 2,843,395 - 2,031 91152 Police District 3 Sub Station 200,000 200,000 (200,000) - - - - C 1 PD00180001 Police District 3 Sub Station 200,000 2 3,045,426 3,045,426 - 2,845,426 2,843,395 - 2,031 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,170,566 2,148,018 - 22,548 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,892,300 1,892,300 1,892,300 1,698,658 - 193,642 91236 Rescue Vehicle 2,089,869 2,089,869 2,089,869 1,373,604 - 716,265 91244 Aerial Truck 1,300,000 1,300,000 1,300,000 387,914 905,734 6,352 91257 AED Program 195,310 195,310 195,310 132,350 - 62,960 91259 Radio Replacements 1,519,640 1,519,640 1,519,640 364,354 1,154,999 287 91260 Thermal Imaging Cameras 190,900 190,900 190,900 115,711 - 75,189 91261 Personal Protection Equipment 1,785,110 1,785,110 1,785,110 1,571,241 49,969 163,899 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 112,000 112,000 112,000 25,603 44,240 42,157 91264 Fire Hose Replacement 361,210 361,210 361,210 234,999 - 126,211 91268 Countryside Fire Station 3,932,566 3,932,566 3,932,566 3,651,658 111,101 169,807 91269 Clearwater Beach Fire Station 6,372,693 6,372,693 6,372,693 - - 6,372,693 91271 Fire Boat 650,000 900,000 900,000 611,063 1 288,937 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 21,697 - 78,303 91273 Lakeview Fire Station 400,000 400,000 400,000 - - 400,000 Sub-Total 24,362,874 24,612,874 - 24,612,874 13,450,716 2,266,044 8,896,114 New Street Construction 92146 Druid Road Improvements 6,439,353 6,489,353 (3,483,646) 3,005,707 3,005,707 0 C 3 ENRD180001 Druid Road Trail 3,483,646 3,483,646 308,522 3,103,075 72,049 4 Sub-Total 6,439,353 6,489,353 - 6,489,353 3,314,229 3,103,075 72,049 Major Street Maintenance 92274 Bridge Maintenance & Improvements 10,594,230 10,195,230 (5,563,832) 4,631,398 4,631,398 - C 5 ENRD180002 Bridge Maintenance & Improvements 5,563,832 5,563,832 41,290 5,522,542 6 92276 Traffic Calming Program 6,938,635 6,938,635 (1,062,932) 5,875,703 5,875,703 0 C 7 ENRD180003 Traffic Calming 1,062,932 1,062,932 230,484 832,448 8 92277 Streets and Sidewalks 16,397,167 16,397,167 (5,852,121) 10,545,046 10,545,046 (0) C 9 ENRD180004 Streets and Sidewalks 7,348,740 7,348,740 2,517,370 4,831,369 10 92278 Downtown Streetscaping 4,000,000 4,000,000 (3,645,672) 354,328 354,328 (0) C 11 ENGF180001 Downtown Streetscaping 3,645,672 3,645,672 35,265 3,610,407 12 Sub-Total 37,930,032 37,531,032 1,496,619 39,027,651 21,406,475 2,824,409 14,796,767 Sidewalks and Bike Trail 92339 New Sidewalks 2,663,471 2,663,471 (1,444,197) 1,219,274 1,219,274 - 0 C 13 Sub-Total 2,663,471 2,663,471 (1,444,197) 1,219,274 1,219,274 - 0 Intersections 92559 City-Wide Intersection Improvement 1,133,368 1,133,368 (495,582) 637,786 637,787 - (0) C 14 ENRD180005 City-Wide Intersection Improvement 1,995,273 1,995,273 778,792 1,216,481 15 92560 Signal Renovation 810,385 810,385 (408,440) 401,945 401,945 0 C 16 92561 New Signal Installation 442,877 442,877 (150,121) 292,756 292,757 - (0) C 17 ENRD180006 Traffic Signal 558,560 558,560 12,250 546,310 18 92562 Intersection Improvements 1,622,017 1,622,017 (1,499,766) 122,251 21,079 101,172 (0) C 19 92563 Traffic Safety Infrastructure 1,000,000 1,000,000 (958,011) 41,989 41,989 (0) C 20 ENRD180007 Traffic Safety Infrastructure 958,011 958,011 15,208 942,804 21 Sub-Total 5,008,647 5,008,647 (74) 5,008,573 1,395,557 907,422 2,705,594 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 372,860 372,860 372,860 - 0 C 92652 Parking Lot Resurfacing 1,126,633 1,126,633 1,126,633 268,157 - 858,476 92654 Parking Lot Improvement 1,480,357 1,480,357 1,480,357 601,555 12,246 866,556 92657 Parking Facilities 931,163 937,125 937,125 122,678 19,644 794,804 92658 Misc Parking Fund Vehicle Addition - 20,480 20,480 20,480 - - C Sub-Total 3,959,305 3,937,456 - 3,937,456 1,385,730 31,890 2,519,836 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering 92839 Downtown Intermodal 1,450,223 1,450,223 (924,756) 525,467 525,467 - (0) C 22 ENGF180002 Downtown Intermodal 924,756 924,756 924,756 23 92841 Miscellaneous Engineering 298,396 298,396 (196,206) 102,190 102,190 - 0 C 24 ENGF180003 Miscellaneous Engineering 196,206 196,206 196,206 25 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 128,764 8,240 1,312,996 92843 Survey Equipment Replacement 110,000 105,807 (7,788) 98,019 98,019 - - C 26 ENGF180004 Survey Equipment Replacement 7,788 7,788 7,788 27 92844 Centennial Monument 675,000 650,110 650,110 650,110 - - C 92845 Clearwater Beach Transit Center 260,000 260,000 74 260,074 10,074 - 250,000 28 ENGF180005 Clearwater Beach Transit Center - - - Sub-Total 4,243,619 4,214,536 74 4,214,609 1,514,623 8,240 2,691,747 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 522,817 522,817 522,817 490,710 - 32,107 93205 Brighthouse Field Infrastructure Imp 2,877,345 2,882,272 2,882,272 2,218,015 189,635 474,622 93247 Fitness Equipment Replacement 375,000 375,000 375,000 296,496 4,354 74,150 93251 Morningside Rec Ctr Replacement 7,165,000 7,165,000 7,165,000 3,781,517 3,359,983 23,500 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 961,876 961,876 961,876 719,138 119,960 122,778 93272 Bicycle Paths-Bridges 5,653,833 5,603,833 5,603,833 3,697,778 3,500 1,902,555 93277 Harborview Infra Repair/Improve 635,451 635,451 (132,441) 503,011 503,011 - (0) C 29 93278 Long Center Infra Repairs 1,908,283 1,908,283 1,908,283 1,725,070 40,003 143,210 93286 Parking Lot/Bike Path Rsr/Imprv 853,506 853,506 853,506 545,916 - 307,590 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 300,000 297,214 - 2,786 93604 Brdwlks & Docks Rep & Rplcmnt 505,000 505,000 505,000 464,497 900 39,603 93608 Miscellaneous Minor Public Art 295,543 295,543 295,543 174,198 3,000 118,345 93612 McMullen Tennis Complex 800,000 800,000 800,000 7,041 - 792,959 93618 Miscellaneous Park & Rec Contract 255,000 255,000 255,000 235,228 19,772 - 93620 Sports Field Lighting 425,000 65,000 65,000 34,531 - 30,469 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 (224,726) 872,764 872,764 - - C 35 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 36 93633 Pier 60 Park & Bchwlk Repair and Improv 799,377 799,377 799,377 575,845 - 223,532 93634 Concrete Sidewalk & Pad Repair 333,176 258,176 258,176 225,558 - 32,618 93635 Park Amenity Purch & Rplcmnt 622,800 622,800 622,800 532,922 - 89,878 93636 Tennis Court Resurfacing 505,310 505,310 505,310 226,784 - 278,526 93637 Playground & Fitness Purch & Rplc 712,079 712,079 712,079 488,888 81,742 141,449 93638 Fencing Replacement Program 509,664 509,664 509,664 376,379 - 133,285 93639 Marina Dist Boardwalk & Entry Node 756,510 831,510 831,510 662,781 78,923 89,805 93640 Bright House Repairs 1,477,486 1,472,559 1,472,559 1,472,559 - - C 93642 Phillip-Jones Restroom/Concession 336,944 407,944 407,944 152,246 10,500 245,198 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 148,000 148,000 - - C 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 401,000 284,720 4,541 111,739 93647 Crest Lake Park Veterans War Memorial 550,000 550,000 550,000 550,000 - 0 93648 Moccasin Lake Park Master Plan 700,000 700,000 235,000 935,000 226,304 477,337 231,360 37 93649 Jack Russell Scoreboard & ADA 98,000 92,567 92,567 92,567 - - C 93650 Crest Lake Park Improvements 1,100,000 1,100,000 1,100,000 91,483 100,000 908,517 93651 EC Moore 8 & 9 Renovations/Press Box 679,902 679,902 679,902 679,902 - (0) C 93652 Countryside Plex Restroom/Concession 2,950,000 2,950,000 2,950,000 181,414 63,184 2,705,402 93653 Countryside Community Park Reno 100,000 100,000 100,000 25,218 11,638 63,144 93654 Recreation Centers Infrastructure Repairs 250,000 250,000 250,000 23,351 - 226,649 93655 J.D. Sports Complex Multipurpose Fields 1,485,924 1,845,924 1,845,924 1,500,958 297,047 47,918 93656 Jack Russell Demo & Refurbish 506,880 499,576 499,576 499,575 - 0 C 93660 Sid Lickton Batting Tunnels 100,000 98,433 98,433 98,433 - - C 93661 Frank Tack Parking Lot 399,500 399,500 399,500 - - 399,500 93664 Jack Russell Athletic Office 555,000 553,672 553,672 553,672 - - C 93665 Youth Sports Field Renovations 114,840 70,297 70,297 - - 70,297 93666 Woodgate Park Renovations 450,000 450,000 450,000 - - 450,000 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development (continued) 93668 Showmaster Portable Stage 200,000 200,000 200,000 - - 200,000 93669 North East Coachman Park Renovations 300,000 300,000 300,000 - - 300,000 93670 Articulating Boom Lift 62,000 62,000 62,000 37,950 13,500 10,550 93671 Fork Lift 21,000 21,000 21,000 - 21,000 - C 93672 Clearwater Beach Infrast Repairs & Improve 250,000 250,000 250,000 184,595 27,591 37,814 93673 Jack Russell Stadium Improvements 275,000 839,066 839,066 226,546 173,510 439,010 93674 Jack Russell Stadium Fld Reno 550,000 - - - - - C Sub-Total 43,383,034 43,357,924 102,559 43,460,483 26,182,945 5,101,622 12,175,917 Beautification 93322 Missouri Ave Median Beautification 497,250 497,250 497,250 487,619 8,532 1,099 Sub-Total 497,250 497,250 - 497,250 487,619 8,532 1,099 Marine Facilities 93403 Beach Guard Facility Maintenance 240,000 288,292 288,292 214,455 28,954 44,883 93410 Clwr Harbor Marina Maintenance 180,000 180,000 180,000 117,477 - 62,523 93412 City-wide Seawall Replacement 2,031,000 2,430,000 (1,018,689) 1,411,311 1,411,311 - C 30 ENGF180006 City-wide Docks and Seawall 1,412,502 1,412,502 690,672 721,830 31 93415 Waterway Maintenance 310,000 310,000 310,000 223,227 - 86,773 93418 Utilities Services Replacement 342,714 342,714 342,714 140,816 32,240 169,658 93419 Dock Replacement & Repair 166,727 166,727 166,727 102,144 - 64,583 93420 Fuel System R & R 102,752 102,752 102,752 90,992 - 11,759 93421 Marine Facilities Dredging & Maint 158,715 158,715 158,715 70,156 - 88,559 93422 Dredging of City Waterways 846,204 846,204 846,204 483,487 - 362,717 93425 Seminole Boat Ramp Improvements 6,752,000 6,752,000 (6,748,000) 4,000 4,000 - - C 32 ENGF180014 Seminole Boat Launch Improvements 6,748,000 6,748,000 6,748,000 33 93497 Docks & Seawalls 946,085 946,085 (393,813) 552,272 552,272 - (0) C 34 93499 Pier 60/Sailing Center Maintenance 361,952 361,952 361,952 267,558 - 94,394 Sub-Total 12,438,149 12,885,441 - 12,885,441 3,677,895 751,867 8,455,679 Airpark 94817 Airpark Maintenance & Repair 194,000 194,000 194,000 172,736 - 21,264 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 - - 100,000 Sub-Total 294,000 294,000 - 294,000 172,736 - 121,264 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,527,364 - 269,236 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,180,034 543,378 526,588 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,600 27,600 - - 93532 Library Maker Space Maint. & Upgrade 142,980 142,980 142,980 93,122 - 49,858 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 54,932 - 243,918 93534 Library FF&E Repair & Replace 130,000 130,000 130,000 48,921 - 81,079 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,721,031 14,721,031 - 14,721,031 12,931,973 543,378 1,245,679 Garage 94233 Motorized Equip-Cash II 1,688,756 1,688,756 1,688,756 1,607,941 - 80,815 94238 Police Vehicles 3,201,001 3,201,001 3,201,001 2,693,571 95,850 411,580 94241 Motorized Equipment Replace - L/P 36,792,892 34,792,892 34,792,892 28,673,408 4,468,971 1,650,513 94243 Radio P25 Upgrade 4,776,108 4,765,525 (200,000) 4,565,525 4,565,525 - (0) C 38 GSFL180002 P25 Radio Equipment & Infrastructure 200,000 200,000 200,000 39 94244 Misc Vehicle Additions 207,000 127,722 127,722 86,007 36,381 5,333 94245 Fleet Industrial Fans 80,000 80,000 (5,520) 74,480 74,480 - - C 40 GSFL180001 Fleet Facility R&R 5,520 5,520 5,520 41 94246 Fleet Management & Mapping 320,000 320,000 320,000 - - 320,000 94627 Misc Budgetary Vehicle Addition - 58,799 58,799 58,799 - 0 C Sub-Total 47,065,757 45,034,694 - 45,034,694 37,759,731 4,601,202 2,673,761 Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,433,538 3,411,494 (704,436) 2,707,058 2,707,058 (0) C 42 GSBM180001 Air Cond Replace-City Wide 704,436 704,436 704,436 43 94512 Roof Repairs 795,345 775,345 (124,213) 651,132 651,132 - (0) C 44 94514 Roof Replacements 2,805,352 2,805,352 (1,021,196) 1,784,156 1,784,156 0 C 45 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Maintenance of Buildings (continued) GSBM180003 Roof Repair and Replacement 1,145,409 1,145,409 368,455 776,954 46 94517 Painting of Facilities 1,282,720 1,270,210 (517,923) 752,287 752,287 - C 47 GSBM180004 Painting of Facilities 517,923 517,923 11,770 506,153 48 94518 Fencing of Facilities 284,811 284,811 (143,170) 141,641 141,642 - (0) C 49 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 50 94519 Flooring for Facilities 1,593,952 1,591,091 (577,837) 1,013,254 1,013,254 0 C 51 GSBM180002 Flooring for Facilities 577,837 577,837 58,167 519,670 52 94521 Elevator Refurbish/Modernization 724,722 724,722 (460,576) 264,146 264,146 - - C 53 GSBM180007 Elevator Refurbish/Modernization 460,576 460,576 460,576 54 94528 Light Replacement & Repair 504,931 504,931 (178,197) 326,734 326,285 - 449 C 55 GSBM180006 Light Replacement & Repair 178,197 178,197 178,197 56 94530 Building Systems 665,000 665,000 (518,377) 146,623 146,623 - (0) C 57 GSBM180008 Building Systems 518,377 518,377 518,377 58 94531 M.S.B. Renovations 1,160,885 1,160,885 (1,085,242) 75,643 75,643 (0) C 59 GSBM180012 General Facility Building Major Renovations 1,085,242 1,085,242 122,290 962,952 60 94532 New A/C System Chiller 1,300,000 1,300,000 (1,300,000) - - - C 61 GSBM180009 New A/C Chiller System 1,300,000 1,300,000 296,400 1,003,600 62 94533 General Services R&R 150,000 150,000 (150,000) - - - - C 67 GSBM180010 General Services R&R 150,000 150,000 150,000 64 94534 Generator Maintenance 350,000 350,000 (350,000) - - - - C 65 Maintenance of Buildings - continue GSBM180011 Generator Maintenance 350,000 350,000 - - 350,000 66 94624 Harborview Demolition 950,000 950,000 (889,253) 60,747 60,747 - 0 C 67 94625 Development Services Center 90,275 90,275 90,275 90,275 - (0) C 94626 Public Works Complex 4,813,510 4,813,510 (4,713,738) 99,772 99,772 - - C 68 ENGF180012 Public Works Complex 4,713,738 4,713,738 4,713,738 69 Sub-Total 20,905,041 20,847,626 (889,253) 19,958,373 8,113,020 857,082 10,988,272 Miscellaneous 94729 City-wide Connect Infra 3,256,478 3,417,991 200,000 3,617,991 2,771,658 - 846,333 70 94736 Geographic Information Sys 1,152,726 1,139,240 1,139,240 1,024,694 - 114,546 94761 Poll Stor Tank Rem/Repl-Gen Fd 583,658 583,658 (339,408) 244,250 244,249 0 C 71 ENGF180010 Pollutant Storage Tank 339,408 339,408 12,043 327,366 72 94803 Environmental Assmt & Clean-up 1,140,964 1,140,964 (410,384) 730,580 730,580 - C 73 ENGF180011 Environmental Assmt & Clean-up 410,384 410,384 4,774 405,610 74 94814 Network Infra & Server Upgrade 4,035,057 4,035,057 4,035,057 3,470,819 - 564,238 94820 HR PeopleSoft Upgrade 450,000 450,000 (306,538) 143,462 143,462 - 0 C 75 94824 IT Disaster Recovery 500,000 500,000 500,000 354,604 - 145,396 94827 Telecommunications Upgrade 554,000 554,000 554,000 334,953 10,665 208,382 94828 Financial Systems Upgrades 3,376,628 3,376,628 406,538 3,783,166 1,435,202 850,989 1,496,975 76 94829 CIS Upgrades / Replacement 997,376 997,376 997,376 374,783 - 622,593 94830 MS Licensing / Upgrades 950,000 950,000 950,000 811,953 45,233 92,814 94833 Computer Monitors 390,000 389,828 389,828 370,867 7,354 11,607 94839 Roadway & Traffic Asset Mgt 440,000 440,000 (52,422) 387,578 387,578 - - C 77 94850 Backfile Conversion of Records 500,000 500,000 500,000 185,664 314,032 304 94857 Accela Permitting & Code Enforce 400,000 400,000 (200,000) 200,000 90,906 - 109,094 78 94861 Library Technology 1,250,000 1,250,000 1,250,000 1,078,762 - 171,238 94873 Citywide Camera System 310,000 310,000 (100,000) 210,000 118,298 - 91,702 79 94874 City Enterprise Timekeeping System 260,000 260,000 260,000 182,082 5,620 72,298 94878 Asset Management Upgrade 180,000 31,420 31,420 26,322 5,098 (0) C 94879 Aging Well Center Tech Upgrade 105,000 92,067 92,067 92,067 - - C 94880 Granicus Agenda Management Sys 110,000 110,000 110,000 41,136 - 68,864 94883 Business Process Review & Improve 600,000 600,000 600,000 114,647 - 485,353 94886 Clearwater Airpark Masterplan Update 150,000 110,000 110,000 24,899 84,426 675 94888 City EOC & Disaster Recovery Facility 3,360,000 3,360,000 3,360,000 33,350 87,465 3,239,185 94890 Enterprise Advanced Audio Video R&R 500,000 1,063,000 1,063,000 454,141 - 608,859 94892 Imagine Clearwater Implementation 5,500,000 5,500,000 (5,495,135) 4,865 4,865 (0) C 80 ENGF180013 Imagine Clearwater 6,516,829 6,516,829 54,765 893,486 5,568,577 81 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 - 54,560 45,440 Sub-Total 31,151,887 31,661,229 969,272 32,630,501 14,957,306 2,375,745 15,297,450 38 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 18,088,452 18,106,321 18,106,321 12,964,081 2,661,231 2,481,010 96164 Allen's Creek Improvement Projects 2,848,173 3,365,230 3,365,230 1,311,586 2,033,671 19,973 96168 Stormwater System Expansion 2,979,549 2,462,493 2,462,493 1,058,846 - 1,403,646 96169 Stevenson Creek 6,203,475 6,203,475 6,203,475 3,432,956 91,571 2,678,948 96170 Coastal Basin Projects 6,028,414 6,028,414 6,028,414 3,645,319 258,496 2,124,599 96173 Alligator Creek Watershed Projects 5,658,990 5,658,990 5,658,990 1,525,360 356,094 3,777,536 96180 Stormwater Maint St Sweeping Facility 2,323,408 2,323,408 2,323,408 508,113 1,644,900 170,396 96184 Magnolia Drive Outfall 3,400,000 3,400,000 3,400,000 3,158,364 - 241,636 96186 Hillcrest Bypass Culvert 4,309,153 4,309,153 4,309,153 212,986 42,705 4,053,462 96187 Mango Outfall 1,800,000 1,800,000 1,800,000 977,002 4,700 818,298 96188 East Gateway Improvements 5,282,506 5,282,506 5,282,506 2,545,409 2,445,102 291,994 Sub-Total 58,922,121 58,939,990 - 58,939,990 31,340,021 9,538,470 18,061,498 Water System 96721 System R & R - Maintenance 8,755,836 4,348,286 4,348,286 2,419,013 1,980 1,927,293 96722 Line Relocation - Maintenance 4,477,500 6,357,305 6,357,305 1,372,052 275,258 4,709,995 96739 Reclaimed Water Dist Sys 48,585,026 47,469,140 47,469,140 45,479,155 754,029 1,235,957 96740 Water Supply/Treatment 2,769,666 2,626,926 2,626,926 2,626,926 - 0 96741 System R & R-Capitalized 8,795,357 8,788,154 8,788,154 8,788,154 - (0) 96742 Line Relocation-Capitalized 13,190,882 11,668,570 11,668,570 5,692,588 1,346,230 4,629,752 96743 Mtr Bkflow Prev Dev/Change Out 2,834,600 2,834,600 2,834,600 2,834,600 - (0) 96744 System Expansion 2,805,673 2,805,673 2,805,673 2,705,223 - 100,450 96752 Water Service Lines 1,233,436 1,233,436 1,233,436 1,233,436 - (0) 96764 RO Plant Exp Res #1 15,495,637 14,724,637 14,724,637 11,219,422 1,629,962 1,875,253 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 - - 600,000 96767 RO Plant at Res #2 44,372,561 48,643,561 48,643,561 40,701,379 84,805 7,857,377 96768 Rebate Well, Lk, Pnd Irr Abandmt 115,000 115,000 115,000 114,608 - 392 96773 Groundwater Replenishment Facility 32,921,618 32,871,618 32,871,618 5,805,781 172,139 26,893,698 96782 Reverse Osmosis Plant @WTP #3 11,275,000 11,275,000 11,275,000 108,241 755,864 10,410,895 96783 Water System Upgrades/Improvements 12,450,000 12,450,000 12,450,000 - 966,321 11,483,679 96784 Reclaimed Water Distribution System R&R 2,294,584 2,094,584 2,094,584 353,486 39,183 1,701,914 96785 Feasibility Studies/Evaluations - Water System 475,000 475,000 475,000 227,248 15,235 232,517 96786 Devices/Equipments - Water System 1,250,000 1,300,000 1,300,000 - - 1,300,000 Sub-Total 214,697,376 212,681,490 - 212,681,490 131,681,312 6,041,006 74,959,172 Sewer System 96209 Maintenance Vehicle 204,002 204,002 204,002 94,002 103,584 6,416 96212 Sanitary Sewer Upgrades/Improvements 25,587,797 19,392,422 19,392,422 1,697,217 3,289,442 14,405,763 96213 Marshall Street Upgrades/Improvements 9,675,000 10,791,948 10,791,948 2,103,415 415,877 8,272,657 96214 East Plant Upgrades/Improvements 3,150,000 3,350,000 3,350,000 - 93,550 3,256,450 96215 Northeast Plant Upgrades/Improvements 6,137,523 11,437,523 11,437,523 579,464 62,761 10,795,298 96216 Laboratory Upgrade/Improvements 1,153,079 1,153,079 1,153,079 548 14,310 1,138,222 96217 Pump Station R&R 3,105,192 2,505,192 2,505,192 451,386 126,760 1,927,045 96218 Feasibility Studies/Evaluations 2,241,641 2,241,641 2,241,641 230,227 717,228 1,294,186 96219 Devices/Equipment Sewer Division 810,000 946,274 946,274 251,828 49,070 645,376 96220 Trailer Mounted Bio-solids Centrifuge 1,100,000 1,100,000 1,100,000 - - 1,100,000 96630 Sanitary Sewer Extension 17,246,078 17,046,078 17,046,078 10,874,541 2,913,390 3,258,148 96634 Sanitary Util Reloc Accmmdtn 7,467,352 6,267,352 6,267,352 4,150,049 192,706 1,924,597 96645 Laboratory Upgrade & R&R 1,899,502 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 17,039,224 17,739,224 17,739,224 13,195,001 1,610,368 2,933,855 96664 WPC R & R 18,589,062 21,402,113 21,402,113 16,028,501 233,059 5,140,554 96665 Sanitary Sewer R&R 22,045,084 21,974,685 21,974,685 16,172,252 3,454,048 2,348,384 96686 Pump Station Replacement 4,667,682 4,667,682 4,667,682 3,285,438 1,026,693 355,551 Sub-Total 142,118,218 144,022,842 - 144,022,842 70,897,494 14,302,846 58,822,502 39 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/17 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,384,794 2,384,794 2,384,794 1,703,919 58,190 622,684 96365 Line Relocation-Pinellas Maint 759,106 759,106 (53,000) 706,106 516,403 71,751 117,952 82 96367 Gas Meter Change Out-Pinellas 3,485,000 3,485,000 53,000 3,538,000 3,446,764 - 91,236 83 96374 Line Relocation-Pinellas Capitalized 2,833,919 2,833,919 (1,029) 2,832,890 2,286,939 - 545,951 84 96376 Line Relocation - Pasco Maint 233,593 233,593 233,593 84,756 - 148,837 96377 Pinellas New Main / Service Lines 30,018,895 30,024,018 27,100 30,051,119 28,974,143 - 1,076,976 85 96378 Pasco New Mains / Service Lines 15,864,858 15,864,858 (500,000) 15,364,858 13,193,184 - 2,171,674 86 96379 Pasco Gas Meter Change Out 767,821 767,821 767,821 678,503 - 89,318 96381 Line Reloc-Pasco-Capitalized 135,649 163,518 23,868 187,386 114,488 - 72,898 87 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 24,349,675 28,855,055 28,855,055 2,851,388 23,918,628 2,085,039 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,271,413 - 286,432 96386 Expanded Energy Conservation 7,543,771 7,591,479 500,000 8,091,479 6,815,125 - 1,276,354 88 96387 Natural Gas Vehicle 4,381,069 4,381,069 4,381,069 3,704,069 - 677,000 96389 Future IMS Software & Hardware 350,000 350,000 350,000 282,645 20,391 46,964 96390 Gas Vehicle Additions 590,000 590,000 590,000 428,294 - 161,706 96391 Gas System Pasco Building 2,050,000 2,050,000 2,050,000 - - 2,050,000 96392 Gas Equipment Additions 191,000 191,000 191,000 189,278 - 1,722 Sub-Total 98,488,995 103,075,076 49,939 103,125,015 67,397,578 24,068,961 11,658,476 Solid Waste 96426 Facility R & R 2,527,608 2,527,608 2,527,608 1,694,532 - 833,076 96443 Res Container Acquisition-II 1,876,741 1,876,741 1,876,741 1,354,386 - 522,355 96444 Comm Container Acquisition-II 3,790,020 3,790,020 3,790,020 2,984,991 - 805,029 96445 Solar Trash & Recycling Kiosks 264,414 264,414 264,414 239,182 - 25,232 96447 S.W.Transfer Station Rebuild 1,000,000 20,500,000 (19,650,130) 849,870 849,870 0 C 89 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 579,180 18,131,025 939,925 90 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 555,500 555,500 - - 555,500 Sub-Total 10,164,283 29,664,283 - 29,664,283 7,702,141 18,131,025 3,831,117 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 151,596 151,596 151,596 - - C 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 38,234 81,776 96526 Public Utility Admin Building 784,306 784,306 784,306 - - 784,306 Sub-Total 1,802,667 1,794,730 - 1,794,730 890,414 38,234 866,082 Recycling 96804 Recycling Carts/Dumpsters 1,126,650 1,126,650 1,126,650 754,031 - 372,619 96805 Recycling Expansion/Particip/R&R 1,301,525 1,301,525 1,301,525 1,184,376 - 117,149 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 (883,133) 116,867 116,867 - (0) C 91 96810 Recyc Processing Facility Replacement 2,979,500 2,979,500 (2,979,500) - - - - C 92 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 - 395,983 12,017 SR00180003 Processing Center Building Replacement 3,862,633 3,862,633 3,862,633 93 Sub-Total 6,815,675 6,815,675 - 6,815,675 2,055,274 395,983 4,364,418 TOTAL ALL PROJECTS 792,449,561 815,127,426 284,939 815,212,365 464,108,577 95,897,031 255,206,756 40 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Planning Programs Clearwater Downtown Partnership Grant - CLOSE PROGRAM 1 99566 (42) To record a budget decrease of $42.08 in donation revenues to bring the budget in line with actual receipts and close the program.(42) Planning Programs Totals:(42) - (42) Public Safety Programs Police Extra Duty 2 99215 145,417 (4,851) To record a budget increase of $145,417.00 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $4,850.50 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 140,567 2016 HVE Pedestrian & Bicycle Safety - CLOSE PROGRAM 3 99218 100 To record a budget increase of $99.84 in grant revenues from the University of South Florida to recognize revenues received to date. This project is complete and will be closed.100 School Resource Officers 4 99264 17,355 To record a budget increase of $17,355.25 in governmental revenue for School Resource Officers extra duty from the Pinellas County School Board.17,355 Police Education Fund 5 99317 9,419 To record a budget increase of $9,419.45 in police education fine revenue which will bring the budget in line with actual receipts.9,419 Investigative Cost Recovery 6 99329 60,210 To record a net budget increase of $60.210.41 which will bring the budget in line with actual receipts.Amendments include an increase of $24,794.94 in overtime reimbursement revenues,and an increase of $35,415.47 in fines,forfeitures and penalties revenue.60,210 Florida Contraband Forfeiture Fund 7 99330 136,490 To record a budget increase of $136,490.00 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.136,490 Law Enforcement Trust Fund 8 99331 (8,306) To record a transfer of $8,305.99 in fines, forfeitures and penalties revenue to 99356, Safe Neighborhood Program.(8,306) 41 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 9 99350 4,851 To record a transfer of $4,850.50 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 4,851 Safe Neighborhood Program 10 99356 8,306 To record a transfer of $8,305.99 in fines,forfeitures,and penalties revenue from program 99331,Law Enforcement Trust Fund.8,306 Federal Forfeiture Sharing 11 99387 905 To record a budget increase of $904.80 in grant revenues from the US DOJ to bring the budget in line with actual receipts.905 Public Safety Program Totals:369,897 - 369,897 Economic Environment Housing Rehab 2017 12 99763 (8,184) To record a budget transfer of $8,184 in Community Development Block Grant revenues to 99768, Public Services 2018.(8,184) Infill Housing 2018 13 99767 87,500 To record a budget transfer of $87,500 in Community Development Block Grant revenue from 99768,Public Services 2018.87,500 Public Services 2018 14 99768 (79,316) To record budget transfers of $8,184.00 from 99763,Housing Rehab 2017; and $87,500.00 to 99767, Infill Housing 2018.(79,316) Economic Environment Totals:- - - Miscellaneous Programs Foreclosure Registry - Nuisance Abatement 15 98609 26,100 To record a budget increase of $26,100 which represents foreclosure registry fees collected to date. 26,100 Hurricane Irma 16 98610 214,932 To record a budget increase of $214,932.38 in insurance proceeds to bring the budget in line with actual receipts.214,932 42 Special Program Fund MID YEAR Budget Amendments October 1, 2017 - March 31, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs (continued) Brownfield Revolving Loan 17 99802 1,418 To record a budget increase of $1,418.40 in interest revenue to bring the budget in line with actual receipts.1,418 Special Events 18 99865 643,997 To record a budget increase of $643,996.84;representing increases of $2,678.50 in rental income,$52,087.37 in sponsorship revenue,$11,020.65 in memberships and registrations,$508,298.51 in sales revenue,and $69,911.81 in reimbursements which will bring the budget in line with actual receipts for the quarter. 643,997 Library Special Account 19 99910 7,945 To record a budget increase of $7,945.00 in donation revenue to bring the budget in line with actual receipts.7,945 Tree Replacement Program 20 99970 38,328 To record a budget increase of $38,328.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.38,328 Miscellaneous Programs Total:932,721 - 932,721 1,302,575 - 1,302,575 Total Budget Increase/(Decrease): 43 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2017 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 (42)458 458 - (0) C 1 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 0 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 (42)289,458 150,385 - 139,073 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 255,000 255,000 0 255,000 205,302 - 49,698 99215 Police Extra Duty 1,652,468 1,933,847 140,567 2,074,413 1,968,946 - 105,467 2 99218 2016 HVE Ped & Bicycle Safety 50,000 50,000 100 50,100 50,100 - (0) C 3 99219 2017 HVE Ped & Bicycle Safety - 50,000 0 50,000 39,122 - 10,878 99241 Human Trafficking Overtime 87,000 87,000 0 87,000 70,859 - 16,141 99264 School Resource Officers 2,516,436 2,815,209 17,355 2,832,565 2,678,771 - 153,794 4 99279 Police Recruitments 91,010 111,010 0 111,010 61,885 - 49,125 99281 Fed Forfeitures - Treasury 170,878 171,936 0 171,936 120,171 - 51,765 99316 Police Volunteers 139,114 149,114 0 149,114 135,409 - 13,705 99317 Police Education Fund 1,301,539 1,311,886 9,419 1,321,306 1,284,145 - 37,161 5 99329 Investigative Recovery Costs 2,302,593 2,355,929 60,210 2,416,140 2,075,752 - 340,388 6 99330 FL Contraband Forfeiture Fnd 1,095,772 974,286 136,490 1,110,776 656,746 - 454,030 7 99331 Law Enforcement Trust Fund 2,583,426 2,583,426 (8,306)2,575,120 2,575,120 - (0) 8 99350 Vehicle Replacement Fund 312,251 320,477 4,851 325,327 162,951 23,807 138,569 9 99356 Safe Neighborhood Program 984,053 1,014,274 8,306 1,022,580 969,165 - 53,415 10 99364 Crime Prevention Program 91,096 102,341 0 102,341 87,526 - 14,815 99387 Federal Forfeiture Sharing 2,125,878 2,377,228 905 2,378,133 1,685,926 67,130 625,077 11 Sub-Total 15,758,514 16,662,963 369,897 17,032,860 14,827,896 90,937 2,114,027 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 - 65,666 99744 Economic Development Incentives 292,500 292,500 0 292,500 262,500 - 30,000 99752 Public Facilities 2016 479,131 408,042 0 408,042 408,042 - (0) C 99756 Relocation/Demolition 2016 51,970 0 0 0 - - 0 C 99757 Infill Housing 2016 151,056 27,936 0 27,936 27,936 - (0) C 99759 Public Facilities 2017 420,093 377,764 0 377,764 151,863 - 225,901 99760 Economic Development 2017 14,802 14,802 0 14,802 - - 14,802 99761 Public Services 2017 100,275 100,275 0 100,275 95,786 - 4,489 99762 Program Administration 2017 135,036 135,036 0 135,036 136,693 - (1,657) 99763 Housing Rehab 2017 331,181 331,181 (8,184)322,997 137,015 13,840 172,142 12 99764 Public Facilities 2018 248,000 448,000 0 448,000 36,993 112,007 299,000 99765 Economic Development 2018 129,011 130,020 0 130,020 42,668 53,472 33,880 99766 Program Administration 2018 131,388 131,388 0 131,388 - - 131,388 99767 Infill Housing 2018 50,000 50,000 87,500 137,500 42,000 8,000 87,500 13 99768 Public Services 2018 98,541 186,041 (79,316)106,725 44,293 54,248 8,184 14 99888 ULI Report Implementation 875,000 875,000 0 875,000 710,034 - 164,966 Sub-Total 3,622,984 3,622,984 0 3,622,984 2,145,157 241,567 1,236,260 HUMAN SERVICES 99538 Affordable Housing Imp Fees 437,451 441,530 0 441,530 163,019 - 278,511 99562 HUD Special Education 30,000 30,000 0 30,000 27,600 - 2,400 Sub-Total 467,451 471,530 0 471,530 190,619 - 280,911 44 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2017 to March 31, 2018 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2017 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MISCELLANEOUS PROGRAMS 99704 Sembler Mitigation Project 712,285 712,364 0 712,364 712,365 - (0) C 98601 Next Steps to Better Nutrition 10,000 10,000 0 10,000 6,430 - 3,570 98604 2016 Clearwater Ferry 519,120 519,120 0 519,120 407,202 - 111,918 98606 Senior Citizens Services - EBWP 15,000 15,000 0 15,000 17,904 - (2,904) 98607 Senior Citizens Services - Trips 6,000 14,000 0 14,000 5,555 - 8,445 98608 Clark-Turner Trust (Library)105,020 105,020 0 105,020 - - 105,020 98609 Foreclosure Rgstry-Nuesance Abtmnt - 28,100 26,100 54,200 - - 54,200 15 98610 Hurricane Irma - 1,072,066 214,932 1,286,998 1,082,536 52,410 152,052 16 98611 CMA Capital Project Agreement - 5,000,000 0 5,000,000 3,000,000 - 2,000,000 99729 Joint Hercules Pln & Econ Study 150,000 150,000 0 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 1,200,000 1,418 1,201,418 420,381 - 781,037 17 99844 United Way 10,580 10,580 0 10,580 9,043 - 1,537 99846 Economic Development - QTI 122,189 122,189 0 122,189 71,591 - 50,598 99865 Special Events 7,493,122 7,878,193 643,997 8,522,190 8,354,136 29,880 138,174 18 99868 Federal Early Retiree Reinsurance 651,500 651,500 0 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 192,060 0 192,060 176,019 - 16,041 99871 State Brownfields Redevelopment Acct 165,463 165,463 0 165,463 165,463 - 0 99872 Coordinated Child Care - Ross Norton 2,232,018 2,232,018 0 2,232,018 1,401,064 - 830,954 99910 Library Special Account 813,706 819,070 7,945 827,015 797,891 - 29,124 19 99925 Peg Access Support 838,261 838,261 0 838,261 834,857 - 3,404 99927 Emergency Operations 5,174,659 4,106,338 0 4,106,338 2,989,678 - 1,116,660 99928 Nagano Sister City Program 191,999 191,999 0 191,999 152,520 - 39,479 99970 Tree Replacement Project 1,457,928 1,471,608 38,328 1,509,936 865,656 20,038 624,242 20 99982 EMS Incentive/Recognition 69,700 69,700 0 69,700 41,088 - 28,612 Sub-Total 22,130,610 27,574,650 932,720 28,507,371 22,070,601 102,328 6,334,442 TOTAL ALL PROJECTS 42,269,059 48,621,627 1,302,575 49,924,202 39,384,658 434,832 10,104,713 45 City of Clearwater SPECIAL DEVELOPMENT FUND MID YEAR FY 2017/18 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 235,000 Mid year amendments reflect an allocation of $235,000 from Recreation Facility Impact Fees to project 93648,Moccasin Lake Park as approved by the Council on March 1, 2018. 235,000$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 235,000 Mid year expenditure amendments reflect a transfer of $235,000 of Recreation Facility Impact Fees to project 93648,Moccasin Lake Park as approved by the Council on March 1, 2018. 235,000$ Net Expenditure Amendments 46 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2017 - March 31, 2018 Third Quarter: October 1, 2017 - June 30, 2018 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2017/18 2017/18 2017/18 Amendments Revenues: Ad Valorem Taxes 2,402,590 2,402,590 2,402,590 - Infrastructure Tax 11,588,900 11,588,900 11,588,900 - Interest Earnings 450,000 450,000 450,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,540,550 1,540,550 1,540,550 - Allocation of Assigned Fund Balance 9,344,130 9,344,130 9,579,130 235,000 25,596,170 25,596,170 25,831,170 235,000 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,402,590 2,402,590 2,402,590 - Infrastructure Tax 20,889,840 20,889,840 20,889,840 - Recreation Facility Land Fees - - 235,000 235,000 Multi-Modal Impact fees 140,000 140,000 140,000 - Local Option Gas Tax 1,583,740 1,583,740 1,583,740 - 25,016,170 25,016,170 25,251,170 235,000 Revenues: CDBG/Home Funds 656,940 656,940 656,940 - Interest Earnings 50,000 71,977 73,396 1,418 Grant Funds - 296,139 297,143 1,005 Other Governmental Revenue - 177,711 195,067 17,355 Fines, Forfeiture and Penalty Revenue - 120,777 340,430 219,653 Donations - 24,609 32,512 7,903 Sales - 272,512 780,810 508,299 Rentals - 16,931 19,610 2,679 Sponsorships - 42,064 94,151 52,087 Memberships/Registrations - 12,915 23,936 11,021 Reimbursements - 366,934 848,090 481,156 Transfers from General Fund - 5,000,000 5,000,000 - Sister City Program 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 - Economic Development QTI 18,230 18,230 18,230 - Bullet Proof Vests 30,000 30,000 30,000 - Police Recruitments 20,000 20,000 20,000 - 884,050 7,236,619 8,539,194 1,302,575 SPECIAL PROGRAM FUND SPECIAL DEVELOPMENT FUND 47 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2017 - March 31, 2018 Third Quarter: October 1, 2017 - June 30, 2018 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2017/18 2017/18 2017/18 Amendments Expenditures: General Government 37,380 37,380 37,338 (42) Public Safety 50,000 954,449 1,324,346 369,897 Economic Environment 296,087 296,087 296,087 - Human Services 1,500 5,579 5,579 - Culture and Recreation 70,000 70,000 70,000 - Miscellaneous Programs - 5,444,041 6,376,761 932,720 Interfund Transfers 279,083 279,083 279,083 - Transfer to Capital Fund 100,000 100,000 100,000 - 834,050 7,186,619 8,489,194 1,302,575 Revenues: HOME Investment Partnerships 278,440 278,440 278,440 - State Housing Initiatives Partnerships 480,530 480,530 480,530 - Total - HOME/SHIP Funds 758,970 758,970 758,970 - Expenditures: Economic Environment 548,433 548,433 548,433 Interfund Transfers 210,537 210,537 210,537 Total - HOME/SHIP Programs 758,970 758,970 758,970 - LOCAL HOUSING ASSISTANCE TRUST FUND SPECIAL PROGRAM FUND 48 ADMINISTRATIVE CHANGE ORDERS MID YEAR Review FY 2017/18 49 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/20/18 Administrative Change Order #1 – Clearwater Pass South Seawall Repair (17-0044-EN). This change order is for adjusting seawall cap width to match existing, eliminating installation of well points and increasing quantity of cleaning and grouting entire seawall length resulting in a net increase to the contract. Castco Construction, Inc. 67,842.40 04/02/18 Administrative Change Order #2 & Final – Marshall Street WTP Emergency Services (16-0038-UT). This change order is for final decreases and adds items in accordance with field conditions resulting in a net decrease to the contract. TLC Diversified, Inc. (8,605.54) 04/02/18 Administrative Change Order #1 & Final – Rehabilitation of Lift Stations 28 & 39 (15-0033-UT). This change order is for final decreases and adds items in accordance with field conditions resulting in a net decrease to the contract. RTD Contractors, Inc. (29,495.01) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4742 Agenda Date: 6/18/2018 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: One Clearwater Tower Lease Discussion. Page 1 City of Clearwater Printed on 6/19/2018 Highlight of Lease Terms Location: Entire 6th Floor of One Clearwater Tower Size: 13,024 SF Rent: $18.50/PSFPY which escalates by 3% annually. Security: There is a locked door between the elevators and the work space which can be opened by an ID card or at the reception desk, which effectively controls access to the work area. Parking: The rate does not include parking and none will be provided by the landlord. The landlord could provide parking as part of this lease, however, staff is recommending that parking available at Garden Avenue Parking Garage and Station Square be used instead. Build Out Allowance: The landlord will do $97,680 worth of improvements to the space. Unused funds are reimbursed to the City of Clearwater. The City is currently working on adjustments to the floorplan, however staff is confident the allowance should cover most, if not all, of the improvements we need completed. Should we need additional funds, we anticipate using some capital funds that have been put away in anticipation of City Hall renovations. Renewal: The City has the ability to renew the lease for an additional five years at a rate calculated without the tenant build out amount. (If renewed the cost would reduce from $20.82 PSFPY in year 5 to $19.90 PSFPY in year 6). Should this be needed, the City has a 270 day prior notice requirement. Building Services: The lease is includes all costs for janitorial services, maintenance of the elevators, restrooms and drinking fountains, common areas, and supply of water, sewer, and electric. The City will need to work with a third party for Phone/Internet, however that has been calculated in our cost comparison. FF&E: The lease includes use of the furniture in the space. The City will transfer any of the equipment it needs from City Hall. Summary There are three areas of note when reviewing the cost savings. Staff has separated those because each have very different effects from a budget perspective. Operating Items The impact to the operating items shown on the attached spread sheet are minimal ($15,319 Annual, $76,595 for the life of the initial lease term). That said, moving is shown to be a positive from an operating perspective, with the potential for additional savings as costs are refined and efficiencies are achieved. Capital Items The impact to capital items is significant ($185,000), however the bulk of theflooring expenditures would not be considered by staff to be safety issues. That said, the city has not been focused on putting away for major repair and replacement items in city hall, which creates the potential for additional expenditure if a major issue is identified. Finally, in January of 2017, staff looked at the cost of upgrades to the building if we were to stay for a longer period. That project was estimated at around $2.1 million. Other Items The impact to other dollar-based items relates to the ongoing capital set aside. As identified above, that number has been significantly reduced over the last several years. Staff would recommend continuing to fund this item at its current level so that a base for repair and replacement exists for after the new city hall is completed, or if an additional build out is desired in the temporary space. Intangibles While these costs are important to consider when deciding whether to move City Hall, there are many other, non-monetary items to consider also. 1. Council Meetings would not be held in the temporary space, but would instead be held at the Main Library. Recent upgrades to the technology in the meeting room at that facility had made it possible to stream meetings live in the space. While the first public meeting held in the space had some acoustical challenges, staff believes that they have been addressed and we will continue to improve the meeting experience in that space. 2. The City Hall site is a key part of Imagine Clearwater, but the availability of that site is effected by a number of other decisions. City staff is currently working with Pinellas County to explore the feasibility of a shared City/County facility, but some of the sites being discussed are also effected by decisions related to the multi-modal facility PSTA has been working towards. PSTA’s timeline for the facility is 2021, and both City and County funding for either joint or separate facilities is not available until later in Penny IV. Vacating the City Hall site provides us the flexibility to redevelop the site without being effected by these other decisions and we believe its vacancy enhance its attractiveness to developers. 3. City Hall is an old building whose deterioration seems to be accelerating. The longer we stay in the building, the more opportunity for negative financial impact we have due to that deterioration. Additionally, staff views moving to the temporary building as an opportunity to improve the work space for its employees, which we believe will have positive effects on employee wellness and morale, 4. Finally, from a communications standpoint, staff believes that vacating and eventually demolishing City Hall shows continued commitment towards the implementation of Imagine Clearwater. We hope to demolish Harborview following the completion of the 15% concept validation plan, which we believe will show positive movement, and similarly, vacating and eventually demolishing City Hall will provide another sign of progress in a time where much of the progress towards imagine is difficult to show. Operating Items City Hall One Clearwater Tower Net Increase (Decrease)Rent‐$                       240,944.00$                    240,944.00$                        Annual Electric 47,701.00$            ‐$                                   (47,701.00)$                         Other Utilities 93,759.00$            ‐$                                   (93,759.00)$                         Custodial 39,168.00$            ‐$                                   (39,168.00)$                         Administrative 32,500.00$            ‐$                                   (32,500.00)$                         Security 33,000.00$            ‐$                                   (33,000.00)$                         Direct costs 246,128.00$         240,944.00$                    (5,184.00)$                           Est Budget Impact of Other Costs* 35,135.00$           25,000.00$                       (10,135.00)$                         Est Total GF Impact   281,263.00$        265,944.00$                    (15,319.00)$                         Capital Items* City Hall One Clearwater Tower Net Increase (Decrease)Painting 10,000.00$            ‐$                                   (10,000.00)$                         Flooring 175,000.00$          ‐$                                   (175,000.00)$                       Security* 50,000.00$           50,000.00$                        ‐$                                       Total 235,000.00$        50,000.00$                      (185,000.00)$                       Other Items City Hall One Clearwater Tower Net Increase (Decrease)Annual capital Set aside* 20,900.00$           20,900.00$                        ‐$                                       Total 20,900.00$           20,900.00$                       ‐$                                      *The estimate for City Hall is based on actual direct costs for building repairs annually, reduced by 50% due to the effect of economies of scale on building maintenance*The estimate for One Clearwater Tower is based on estimates for the cost of providing Internet and phone services.  Estimate is on the high side*There is the potential for additional cyber security and card reader upgrades.  Estimate is on the high side*Recommended to build a base for capital costs for additional improvements, if necessary, or, if unused, as base for post consruction capital for new City Hall*Major capital items were previously budgeted for a longer term stay in City Hall.  They are not shown above, but the estimate was for over 2.1 million dollars.