The URL can be used to link to this page

03/21/2019Thursday, March 21, 2019 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Council Chambers - Main Library City Council Meeting Agenda March 21, 2019City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Relay for Life Weekend Proclamation - Jessica Sheets, Community Development Manager, American Cancer Society 5. Approval of Minutes 5.1 Approve the March 7, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 3/20/2019 March 21, 2019City Council Meeting Agenda 7.1 Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $84,800, for the period March 30, 2019 through April 26, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) 7.2 Approve the Third Amendment to the Lease Agreement between Ruth Eckerd Hall and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 7.3 Approve the First Amendment of the Amended and Restated Agreement between The Long Center Foundation (Foundation) and the City of Clearwater (City) to provide for more specific terms and conditions and authorize the appropriate officials to execute same. (consent) 7.4 Authorize an increase to Enforcement One, Inc. of Oldsmar, FL (contract number 900098) by $100,000 in Fiscal Year 18/19 for Police Vehicle Up-Fitting Services, to an amended annual total contract award of $315,000 and authorize the appropriate officials to execute same. (consent) 7.5 Accept a Drainage and Utility Easement from the property owner at 26996 US Hwy19 N, to the City of Clearwater, granting an easement over, under, across and through a portion of land lying in the Southwest 1/4 of Section 30, Township 28 South, Range 16 E Pinellas County FL, as more particularly described in Exhibit A. (consent) 7.6 Award a contract to Harcros Chemicals, Inc. in the annual amount of $250,000.00, for liquid Sodium Hydroxide (Caustic Soda), over a 1-year period, with 2 additional annual extensions, and authorize the appropriate officials to execute same. (consent) 7.7 Award a contract to Thatcher Chemical of Florida, Inc., of Deland, FL in the annual amount of $250,000.00, for liquid Sodium Bisulfite Solution, over a 1-year period, with 2 additional annual extensions, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Contract Extension to Palmdale Oil Company Inc., of Fort Pierce, FL on Contract No. 900492 for an amount not to exceed $150,000 until expiration of the contract on July 31, 2020, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM Page 3 City of Clearwater Printed on 3/20/2019 March 21, 2019City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3143 Johns Parkway and pass Ordinances 9237-19, 9238-19 and 9239-19 on first reading. (ANX2019-01001) 8.2 Approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for an unaddressed parcel located between 2991 Gulf to Bay Boulevard and Old Tampa Bay and pass Ordinances 9240-19, 9241-19 and 9242-19 on first reading. (ANX2019-01002) 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3046 Merrill Avenue, 3035 Terrace View Lane, 3050 Glen Oak Avenue North, 3023 Grand View Avenue, 3077 Hoyt Avenue, 3012 and 3020 Lake Vista Drive, and pass Ordinances 9243-19, 9244-19, and 9245-19 on first reading. (ANX2019-01003) 8.4 Continued to a date uncertain: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for 2.61 acres of property located at 1885 County Road 193 and deny Ordinance 9235-19 on first reading. (LUP2018-11008) 8.5 Continue to a date uncertain: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for 2.61 acres of property located at 1885 County Road 193 and deny Ordinance 9236-19 on first reading. (REZ2018-12005) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9247-19 on second reading, vacating a portion of a Drainage and Utility Easement as recorded in Official Records Book 4398, Page 362 of the public records of Pinellas County, Florida. Page 4 City of Clearwater Printed on 3/20/2019 March 21, 2019City Council Meeting Agenda 9.2 Adopt Ordinance 9246-19 on second reading, vacating a 15 foot wide alley lying within Block A, Replat of part of Mandalay Unit No. 5, as recorded in Plat Book 21, Page 13 of the public records of Pinellas County, Florida. 10. City Manager Reports 10.1 Amend the City’s fiscal year 2018/19 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 9266-19 and 9267-19 on first reading. 10.2 Approve an annual blanket purchase order (contract) to JW Harris Contractors, Inc., in the amount of $4,500,000, with the option for three, one-year term extensions to provide the installation of natural gas mains and service lines and authorize the appropriate officials to execute same. 10.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. 10.4 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police (FOP), Clearwater Supervisors Bargaining Unit for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 5 City of Clearwater Printed on 3/20/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5873 Agenda Date: 3/21/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Relay for Life Weekend Proclamation - Jessica Sheets, Community Development Manager, American Cancer Society SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/20/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5856 Agenda Date: 3/21/2019 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the March 7, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/20/2019 City Council Meeting Minutes March 7, 2019 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, March 7, 2019 6:00 PM Council Chambers - Main Library City Council Draft City Council Meeting Minutes March 7, 2019 Page 2 City of Clearwater Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze, Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records & Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Tracy Thomas from Atheists of Florida, Tampa Bay Coalition of Reason and Humanist Society of the Suncoast 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Clearwater for Youth Scholarship Winners- Kasey Smith, Executive Director Clearwater for Youth 4.2 Newspaper in Education Week Proclamation, March 4-8, 2019 - Ms. Sue Bedry, Tampa Bay Times - Newspaper in Education Program 4.3 Youth Arts Month Proclamation, March 2019 - Ms. Elizabeth Daniels, President of the Clearwater Arts Alliance 4.4 Flood Awareness Week Proclamation, March 11-15, 2019 - Sarah Kessler, Environmental Specialist Engineering Dept. 4.5 Paint Your Heart Out - Samantha Almaraz, Board President Ms. Almaraz provided a PowerPoint presentation. She thanked the City for Draft City Council Meeting Minutes March 7, 2019 Page 3 City of Clearwater their continued support and encouraged all to join Paint Your Heart Out. 5. Approval of Minutes 5.1 Approve the February 21, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the February 21, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Rudolph Michalek expressed Councilmember Hamilton had a voting conflict with the Decade Properties HDA application and requested an investigation be conducted. Beth Daniels encouraged all to visit the Main Library to see the student art exhibit. Joe Marshall thanked the City for supporting the Greenwood Panthers over the last 34 years and provided Council with commemorative Super Bowl rings. 7. Consent Agenda – Approved as submitted. 7.1 Approve the purchase of Excess property insurance, including Bridges, Boiler and Machinery and Terrorism coverages, from April 1, 2019 to April 1, 2020, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,800,000 and at the property rate of $0.2520 per $100 of values through April 1, 2020, and authorize the appropriate officials to execute same. (consent) 7.2 Increase Purchase Order 900078, in the amount of $1,000,000, with JW Harris Contractors to provide the installation of natural gas mains and service lines and authorize the appropriate officials to execute same. (consent) 7.3 Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Murat Gultepe, whose principal address is 1983 Belleair Road, Belleair, FL, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Draft City Council Meeting Minutes March 7, 2019 Page 4 City of Clearwater 7.4 Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Tarpon Springs Housing Authority, a public body corporate and politic established pursuant of Chapter 421 of the Florida Statutes whose principal address is 500 S. Walton Avenue, Tarpon Springs, FL, 34689 given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 7.5 Approve the First Amendment to the Non-Exclusive License Agreement between Sand Runners, LLC (Licensee) and the City of Clearwater (City) and authorize appropriate officials to execute same. (consent) 7.6 Authorize a purchase from Lou’s Police Distributors, Inc., of Hialeah, Florida, for 285 Glock Model 45 9mm handguns and associated equipment in the amount of $96,942.00, pursuant to City Code Sections 2.564(1)(e) Exceptions to Bid and 2.622 Surplus Personal Property and authorize the appropriate officials to execute same. (consent) 7.7 Authorize General Services to make modifications to the previously approved 2018/2019 Vehicle Replacement List, replacing three vehicles which had been previously authorized for disposal. (consent) 7.8 Approve Change Order 3 to Keystone Excavators, Inc. of Oldsmar, Florida, for Druid Trail Phase IV (04-0021-PR), extending the contract duration 200 calendar days and authorize the appropriate officials to execute same. (consent) 7.9 Approve the second Amendment to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N632) for Hillcrest Bypass Culvert (13-0042-EN) extending the expiration date and authorize the appropriate officials to execute same. (consent) 7.10 Approve Change Order 2 to Steve’s Excavating and Paving, of Clearwater, FL, for the Druid Road Allen’s Creek Stormwater Improvements (11-0044-EN) in the amount of $661,570.06 and a time extension of 420 days; approve amendment two of Cooperative Funding Agreement (N720) with Southwest Florida Water Management District (SWFWMD), extending the expiration; and authorize the appropriate officials to execute same. (consent) 7.11 Approve Engineer of Record (EOR) Supplemental 2 Work Order to Jones Edmunds and Associates Inc., of Tampa, Florida, in the amount of $54,340 for Alligator Creek FEMA MT-2 Application Project (15-0016-EN) and authorize the appropriate officials to execute same. (consent) 7.12 Approve the Locally Funded Agreement with the State of Florida Department of Transportation (FDOT) in the amount of $130,000 for the design of four regional Draft City Council Meeting Minutes March 7, 2019 Page 5 City of Clearwater stormwater outfalls crossing underneath ALT US 19/SR 595 between Sunnydale Drive to Marine Street and authorize the appropriate officials to execute same. (consent) 7.13 Approve a contract (blanket purchase order) in the amount of $2,595,000, awarding RFP 17-19 to Precision Contracting Services, Inc., for the installation of new, and maintenance of existing, conduit and fiber optic cabling for a 5-year period from March 1, 2019 through February 28, 2024 and authorize the appropriate officials to execute same. (consent) 7.14 Reappoint Kelly McLeay to the Library Board with a term to expire February 28, 2023. (consent) 7.15 Appoint two members to the Community Development Board with terms to expire February 28, 2023. 7.16 Authorize hiring the law firm of Manson Bolves Donaldson Varn as outside counsel to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp - North Marina District Improvements Project, approve a Legal Services Agreement for an amount not to exceed $50,000.00 and authorize appropriate officials to execute same. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from the owner of property addressed as 601 Mandalay Ave. to vacate a 15-foot-wide platted alley lying within Block A, Replat of Part of Mandalay Unit No. 5, as recorded in Plat Book 21, Page 13 of the Public Records of Pinellas County, Florida, and pass Ordinance 9246-19 on first reading. (VAC2019-06) The property owner of 601 Mandalay Ave and 40 Bay Esplanade (Property Owner), Clearwater has requested that the City vacate a 15-foot wide alley that runs between Bay Esplanade and Juanita Way. The purpose of this vacation will be to allow commercial development of a Chase Bank on the owner’s property. The two additional property owners abutting the alley and all city departments Draft City Council Meeting Minutes March 7, 2019 Page 6 City of Clearwater have reviewed this alley vacation and have no objection. The City of Clearwater will retain a Utility Easement on the entire portion to be vacated, to support existing and future facilities. In addition, the vacation is subject to and conditioned upon the Property Owner granting individual easements to Duke Energy Florida, Inc., Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (WOW!) as may be requested by said providers, the location and terms of which are satisfactory to said providers. Councilmember Polglaze moved to approve the request from the owner of property addressed as 601 Mandalay Ave. to vacate a 15-foot-wide platted alley lying within Block A, Replat of Part of Mandalay Unit No. 5, as recorded in Plat Book 21, Page 13 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9246-19 was presented and read by title only. Vice Mayor Cundiff moved to pass Ordinance 9246-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.2 Approve the request from the owner of property addressed 26996 US Hwy 19 N. to vacate a portion of a Drainage and Utility Easement as recorded in Official Records Book 4398, Page 362 of the Public Records of Pinellas County, Florida, and pass Ordinance 9247-19 on first reading. (VAC2019-04) The property owner of 26996 US Hwy 19 N (Property Owner), Clearwater has requested that the City vacate a portion of a Drainage and Utility easement. The purpose of this vacation will be to allow commercial development of a BJ’s Wholesale Gas Station on the property. City stakeholders have reviewed the Drainage and Utility Easement Vacation request and have no objection. The property owner will grant a new Drainage and Utility Easement to the City at a different location on the property and will pay all costs to relocate utilities. Councilmember Hamilton moved to approve the request from the owner of property addressed 26996 US Hwy 19 N. to vacate a portion of a Drainage and Utility Easement as recorded in Official Records Book 4398, Page 362 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes March 7, 2019 Page 7 City of Clearwater Ordinance 9247-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9247-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9224-19 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real property whose post office address is 1625 Union Street, Clearwater, Florida 33755 from Institutional (I) to Residential Urban (RU). Ordinance 9224-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9224-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.2 Adopt Ordinance 9225-19 on second reading, amending the Zoning Atlas by zoning certain real property whose post office address is 1625 Union Street, Clearwater, Florida 33755 from Institutional (I) to Low Medium Density Residential (LMDR). Ordinance 9225-19 was presented and read by title only. Vice Mayor Cundiff moved to adopt Ordinance 9225-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.3 Adopt Ordinance 9229-19 on second reading, annexing certain real property whose post office address is 1300 Idlewild Drive, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Draft City Council Meeting Minutes March 7, 2019 Page 8 City of Clearwater Ordinance 9229-19 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9229-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.4 Adopt Ordinance 9230-19 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1300 Idlewild Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9230-19 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9230-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.5 Adopt Ordinance 9231-19 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1300 Idlewild Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9231-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9231-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.6 Adopt Ordinance 9232-19 on second reading, annexing certain real properties whose post office addresses are 3041 Grand View Avenue, 510 Moss Avenue, and 3025 Merrill Avenue, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Draft City Council Meeting Minutes March 7, 2019 Page 9 City of Clearwater Ordinance 9232-19 was presented and read by title only. Vice Mayor Cundiff moved to adopt Ordinance 9232-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.7 Adopt Ordinance 9233-19 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 3041 Grand View Avenue, 510 Moss Avenue, and 3025 Merrill Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9233-19 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9233-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.8 Adopt Ordinance 9234-19 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 3041 Grand View Avenue, 510 Moss Avenue, and 3025 Merrill Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9234-19 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9234-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10. City Manager Reports 10.1 Ratify and Confirm an increase to Contract Number 900075 with Heath Consultants, Inc., in the amount of $100,000, to provide natural gas line locating services and authorize the appropriate officials to execute same. Draft City Council Meeting Minutes March 7, 2019 Page 10 City of Clearwater Heath Consultants, INC, is currently providing Natural Gas Distribution Main and Service Line Locating Services. This contract award was originally approved by the City Council in April 7, 2016, in the annual amount of $400,000. On December 5, 2018, an increase of $40,000 (10%) was requested and approved by Acting City Manager Jill Silverboard. This ratify and confirm request is to approve an increase of $100,000 (23%), which was approved by the City Manager on February 14, 2019, for a revised annual amount of $540,000. This increase was necessary to maintain continuity in the services from Heath Consultants. The final annual term of Heath contract number 900075 is set to expire March 31, 2019. Per State Law CGS is obligated to locate our gas mains and service lines. When Sunshine One Call receives a call from an excavator that intends to excavate near our infrastructure we receive a ticket. During 2018 the number of tickets generated by Sunshine One Call jumped 8.5% and the number of projects we are required to monitor and locate upon request jumped 68.9%. This is due to the increased number of road construction projects and housing developments that are active in our service territory. For these reasons the additional $100,000 was requested to continuing paying our contractor. The new bid award for locating services is scheduled for consideration at the March 18, 2019 Council work session. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232066-530300 ($70,000) - Pinellas Gas Maintenance and 4232173-530300 ($30,000) - Pasco Gas Maintenance. Vice Mayor Cundiff moved to ratify and confirm an increase to Contract Number 900075 with Heath Consultants, Inc., in the amount of $100,000, to provide natural gas line locating services and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.2 Approve a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation, in the amount of $183,755, to remove natural gas mains along State Road 52, from the Suncoast Parkway to US Highway 41, and authorize the appropriate officials to execute same. (consent) The Florida Department of Transportation (FDOT) has a project (FPN: 256323-1-52-02) to widen/improve State Road 52 (Schrader Highway) From West of Suncoast Parkway to East of US 41 including roadway, sidewalk, other Draft City Council Meeting Minutes March 7, 2019 Page 11 City of Clearwater improvements, and utilities to include those existing Clearwater Gas facilities which conflict with the design. Under the Utility Work by Highway Contractor Agreement (UWHCA), the State of Florida's Department of Transportation general contractor will perform the removal of existing natural gas mains. Having the State of Florida's Department of Transportation general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is available in capital project 323-7323-96376 - Pasco New Mains and Service Lines. Councilmember Hamilton moved to approve a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation, in the amount of $183,755, to remove natural gas mains along State Road 52, from the Suncoast Parkway to US Highway 41, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 19-05 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 19-05. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10.3 City Hall Demolition The City Manager said since the city hall relocation, councilmembers have expressed an interest in discussing the demolition of the old city hall. In response to questions, Assistant City Manager Micah Maxwell said the parking at the old city hall site will be needed. Staff is concerned with the timing to demolish the old city hall; the contractor demolishing the Harborview ceases on August 7 at which point the parking at Harborview can be reactivated, totaling 168 parking spaces in Downtown. An asbestos survey is needed before the city hall site can be demolished; Engineering is working with several contractors regarding the survey. He said the bid letting process should take approximately three months from the end of April, with the notice to proceed in August. Staff is concerned with losing access to the 135 parking spaces at city Draft City Council Meeting Minutes March 7, 2019 Page 12 City of Clearwater hall if it is demolished prior to August 7. Mr. Maxwell said that would be approximately 303 parking spaces out of commission in Downtown until the Harborview parking is reactivated. If city hall is razed after the Harborview parking spaces are reactivated, there would be two months before the Jazz Holiday and Hispanic Heritage events. Staff is considering a park and ride option and will present options to Council in April. He said the razing of the parking spaces at the Harborview site will occur with the demolition associated with Imagine Clearwater. Discussion ensued with comments made that movement on Imagine Clearwater must be maintained. A concern was expressed that the Imagine Clearwater plan called for the Civic Gateway to be built first and addressing the city hall site afterwards in an effort to get the public excited about the plan. It was suggested that a developer bear the cost of demolishing city hall. In response to question, the City Attorney said the development of public lands west of Osceola Avenue must go to referendum. A concern was expressed that the public will get used to an open vista if city hall is demolished before having a plan. In response to questions, Mr. Maxwell said asbestos abatement at city hall will need to be completed at some point. The city hall property, to include the parking, will be handed over to the contractor once the notice to proceed is issued. The cost to demolish city hall should be less than the Harborview Center; staff has not received any estimates. Staff needs to figure out what is needed to raze city hall and determine how much of the site the contractor needs to stage equipment. Council's meeting with the consultant on April 1 will determine what will be done in the amphitheater space and finalize the Civic Gateway area. He said engineers are working on how a 2% sloping impacts the area. Staff will be able to discuss the redevelopment strategy of the Osceola corridor in April, which will include the timing of a referendum. The timeframe on an RFP for the city hall site depends on if it is released prior to the construction of the park or after construction has begun. The City Attorney said the City has never issued an RFP of this scope. This RFP would not be typical; it will require a lot of time and discussion for preparation. She believed it would take no less than six months to prepare the RFP because it will require the advice of several consultants; staff will not be preparing the RFP. Mr. Maxwell said staff has been looking at people mover options in Downtown before and after construction. Draft City Council Meeting Minutes March 7, 2019 Page 13 City of Clearwater In response to a suggestion, Mr. Maxwell said before Council discusses public-private partnership funding options, Council needs to understand the pros and cons of all the decisions to be made that will be included in the RFP. A 4 to 6-week timeline is needed to discuss the elements needed in the RFP. Based on that discussion, additional work may be needed. Mr. Maxwell said construction can be phased in after Council finalizes the amphitheater area in April based on the financials presented. The slope has been big the big hurdle as it relates to the out parcels, including the lake. He said staff will be ready to move forward if the 2% slope is acceptable. Based on Council's direction, Webb Management is moving forward with the financial feasibility study for an amphitheater venue with 3,000 seats and a versatile area with a retractable roof. The consultant told Council it was easier to go down from 3,000 than up. The City Manager said Council had an opportunity to provide the consultant with guidance; if Council does not like what the consultant recommends, Council can move in another direction. The consultant said 3,000 seats but wanted Council to think 10,000 in total. Mr. Maxwell said the engineers are working on the retractable roof piece; he will confirm that the engineers provide data on the fixed roof. The consultant's analysis will include 3,000 covered seats, uncovered seats and any applicable revenue stream. He said the consultant is looking at the type of facility the market is being driven towards, which is what he presented to Council, and determine if it will work. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Hamilton said he wanted to reply to the citizen comment at the beginning of the meeting regarding an alleged conflict of interest on his vote to approve a development agreement with Decade Properties. The City Attorney said she wanted to see the information provided by the citizen before Mr. Hamilton responded publicly. Councilmember Polglaze said he was happy about the behind the scenes work on the city hall site. Councilmember Allbritton said the city hall site conversation was great and he has confidence that staff will bring questions to Council to vet. He said they need all the information to make a wise decision. Draft City Council Meeting Minutes March 7, 2019 Page 14 City of Clearwater 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 8:14 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5867 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $84,800, for the period March 30, 2019 through April 26, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) SUMMARY: Ultimate CNG, LLC is currently providing temporary Compressed Natural Gas (CNG) refueling services, via a mobile CNG storage truck, at the CNG Filling Station located at 1020 North Hercules Avenue. This purchase order was originally approved by the City Manager in August 2018, in the amount of $99,715 and a second Agreement, in the amount of $197,600. A third increase was approved by City Council on October 18, 2018, in the amount of $74,100. Agreement # 4 and # 5 were approved on January 17, 2019 in the amount of $324,800. Agreement #6 was approved on March 2, 2019 in the amount of $84,800. Staff is now requesting for Council to extend their services for the period starting March 30, 2019 through April 26, 2019, under Service Agreement #7. The reason for the increase is a result of the primary CNG compressor experiencing a mechanical failure after a repair was made in August. Additional parts failed after the repair was completed and now those parts need to be replaced. The parts are currently on order and waiting on them to be manufactured and shipped. The compressor was originally manufactured in England, UK and several of the parts needed are not available in the USA. This increase will set the total amount of the Purchase Order to $865,815. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232078-531300. Page 1 City of Clearwater Printed on 3/20/2019 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Agreement #7 UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL Service provided by Ultimate CNG LLC (UCNG) to Clearwater Gas: Deliveries at the Fueling Site of compressed natural gas (CNG) by UCNG employees eleven (11) hours per day, five (5) days per week, from 6:30 a.m. until 5:00 p.m. Monday through Friday (herein after, the Work Day). UCNG shall deploy the UCNG FuelMule™each Work Day for use during this Engagement to augment the use of the Clearwater Gas on-site ANGI compressor. The UCNG FuelMule™compressor shall be utilized for as many as eight hours each Work Day during the Term of this Engagement. Additionally, UCNG shall provide a Gas Transport Module for use at the Site during the Engagement Period which will commence on Saturday, March 30, 2019 and continue through Friday, April 26, 2019. Fueling Site:The Clearwater Gas Fueling Site located at 1020 Hercules Avenue, Clearwater Florida. Clearwater Gas shall provide no-cost access to the Fueling Site for UCNG to fulfill its obligations under this Agreement, including parking for UCNG equipment throughout the term of this Agreement. Source of CNG:UCNG is dependent upon Clearwater Gas as a natural gas source at the Fueling Site referred to above. This Site is the exclusive source of natural gas required for use in the UCNG FuelMule™under this Agreement. UCNG shall acquire natural gas from this site and Clearwater Gas acknowledges that UCNG shall have no obligation to deliver more CNG than it is able to obtain, using commercially reasonable efforts, and no damages shall accrue because of such inability. UCNG’s Mobile CNG Fueling Service during the Temporary Mobile CNG Fueling Period:The Temporary Mobile CNG Fueling Period (herein after; the Engagement Period) for this Project will be for a four (4) week period. The UCNG Service Offering in this Purchase Order Proposal is expected to commence on Saturday, March 30, 2019 and continue through Friday, April 26, 2019. The anticipated cost is approximately $84,800. The mobile CNG fueling services provided to Clearwater Gas by UCNG during this Engagement Period shall consist of three cost components. The first cost component is the dedicated use of the UCNG FuelMule™and a qualified UCNG employee FuelMule™Operator during all Work Days throughout the Engagement Period. Compression from the FuelMule™ will be available throughout each day and shall be used in compression mode for up to eight hours of compression time during each Work Day. The second cost component is the use of a primary UCNG Gas Transport Module (GTM) on- site to assist with CNG fueling of the City of Clearwater Trucks and other large commercial vehicles that come to the Station. A second GTM will also be made available to Clearwater Gas and if so needed can also be utilized on-site during the Engagement Period as well. a) The first cost component is a FuelMule™ Operation and Usage Fee of $18,500 per Week. The Weekly FuelMule™Operation and Usage Fee includes: ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Dedicated use of the UCNG FuelMule™as well as an UCNG employee FuelMule™ Operator each Work Day from 6:30 a.m. until 5:00 p.m. The FuelMule™will be available for gas compression for up to eight hours per Work Day. All compression hours required beyond eight hours per Work Day shall be Invoiced at $295.00 per hour. b) The second cost component is a GTM Usage Fee of $700 per Week. The Weekly GTM Usage Fee includes: Dedicated use of a UCNG GTM. This Fee does not include the salary and benefits for a weekly UCNG employee Fueling Technician/GTM Operator each Work Day from 6:30 a.m. until 5:00 p.m. The GTM will be available for dispensing high pressure natural gas throughout each Work Day. An additional GTM can be made available for another fee of $2,100 per week. c) The third cost component is for a UCNG GTM Operator/Fueling Technician of $2,000 per Week. Dedicated use of a UCNG employee Fueling Technician/GTM Operator from 6:30 a.m. until 5:00 p.m. The GTM employee will be available for dispensing high pressure natural gas into awaiting City of Clearwater Trucks and other large commercial vehicles. This cost component will only be utilized during routine maintenance of the FuelMule™unit or any other unforeseen events that require additional staffing at the Clearwater fueling site. The $21,200.00 Weekly Fueling Service Fee included as the first, second and third components listed above will cover ALL costs associated with UCNG’s mobile CNG fueling service including: Daily use of multiple pieces of UCNG Equipment, including the UCNG FuelMule™and UCNG GTM. Capital depreciation, maintenance and wear and tear on all components of UCNG equipment required to deliver natural gas to City of Clearwater Trucks and other large commercial vehicles at the Fueling Site. Salary and Benefits, daily transportation, overnight accommodations, per diem expenses, etc. for two UCNG employees (FuelMule™Operator and GTM Operator/ Fueling Technician) required to dispense CNG fuel into the City of Clearwater Trucks and other large commercial vehicles each Work Day. Insurance and all other associated UCNG mobile fueling costs. Motor Fuels/Excise Tax:Any taxes associated with the acquisition, dispensing and consumption of CNG pursuant to this agreement (sales, use and/or motor fuels taxes, excise tax, etc., excluding income tax) shall be the responsibility of Clearwater Gas. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Term of the Agreement:The term of this Agreement (“Agreement #7”) shall commence on Saturday, March 30, 2019 and continue through Friday, April 26, 2019, or longer as necessary and as agreed to by both parties. Clearwater Gas may terminate by providing forty-eight (48)-hours written notice to UCNG. Payment Terms:Invoices will be prepared on a weekly basis. Payment terms are net 30 days from the date of the Invoice. Standard Terms that are attached hereto are incorporated as an integral part of this Agreement. Agreed and accepted this ________ day of March, 2019. Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL (Agreement #7) ULTIMATE CNG, LLC By:________________________________ Brian P. Fimian Chief Operations Officer 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 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Standard Terms: Minimum Term; Take or Pay.The parties agree that Client shall pay the fees set forth for: (i) a minimum Term of 23 days, whether or not Client makes use of any of the fueling services and whether or not it takes delivery of any CNG and (ii) each Weekly Service Fee the during the Term and the UCNG Equipment Mobilization charge, whether or not Client makes use of the fueling services during such delivery period and whether or not it takes delivery of any CNG. In the event fees are payable by Client even though it does not make use of fueling services, the amounts payable are intended to be an estimate of the amount that would be necessary to compensate UCNG for standing ready to provide the services and for the actual damages (including without limitation loss of bargain) it would suffer if this Agreement or the Term were terminated earlier than the end of the minimum Term. The parties acknowledge and agree that the amount set forth above is a reasonable estimate of such actual damages. Fueling Site.Client grants to UCNG, at no cost, a non-exclusive license to access and use the fueling site during the Term (i) to supply UCNG’s equipment at the fueling site with natural gas, (ii) to use the fueling site as contemplated hereby and in compliance with all applicable environmental, safety, land use, zoning and other laws and regulations and (iii) to store UCNG’s GTMs and related delivery equipment, and personal vehicles of UCNG’s personnel at the fueling site. Such license shall be irrevocable during the Term. Such license is not gratuitous, but is given in exchange for the UCNG’s undertakings in this Agreement. Client shall allow UCNG to limit access to UCNG’s equipment and the immediate area surrounding it as reasonably required to ensure the safe and efficient operation of the UCNG’s equipment. Additional Payment Terms.Each invoice shall be deemed accurate in the absence of manifest error. Any amount payable by Client under this Agreement and not paid when due shall bear interest, payable on demand, until such past-due amount is paid in full at the rate of 12% per annum, provided that such rate of interest shall not exceed the maximum rate permitted by applicable law. Taxes.If any Sales Tax or Excise Tax is applicable to the transactions contemplated hereby, then Client shall (i) pay to UCNG all Sales Taxes and Excise Taxes payable by Client and collectible by UCNG as a result of the services and payments hereunder, (ii) pay directly to the relevant taxing authority when due all Sales Taxes and Excise Taxes payable by it directly to a taxing authority as a result of the services and payments hereunder and (iii) pay or reimburse UCNG promptly on demand for all Sales Taxes and Excise Taxes payable by UCNG as a result of the services and payments hereunder. Such payments shall be in addition to, and without deduction from or otherwise reducing, the compensation payable hereunder. “Sales Tax” means any U.S. or foreign federal, state or local sales, use, value added, transfer or similar tax, assessment or fee which is payable on the purchase and sale of goods generally (with limited exceptions), but not including any Income Tax. “Excise Tax” means any U.S. or foreign federal, state or local tax, assessment or fee which is payable as a result of the purchase, sale, transportation, supply or use of CNG or uncompressed natural gas or the other transactions contemplated hereby, but not including any Sales Tax or Income Tax. “Income Tax” means any U.S. or foreign federal, state or local tax levied upon UCNG’s or Client’s net income, or levied upon its gross receipts in lieu of a net income tax. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] No Other Use.Client shall not, in any event, resell any compressed natural gas handled by UCNG or use it for any purpose other than as transportation fuel for the vehicle into which it is delivered by UCNG pursuant to this Agreement. Service Provider Only; Force Majeure.UCNG shall not be responsible for delays, failures or omissions arising out of causes beyond its control and not occasioned by UCNG’s fault or negligence, including without limitation: acts of God, war, armed hostilities, riots, fires, floods, storms, freezing weather, earthquakes, serious accidents, expropriation, condemnation or confiscation of property, governmental acts or failure to act (whether or not under legal authority), interruption of natural gas supplies, change in specifications of natural gas purchased by it, strikes or labor troubles or failure or delay in transportation. Delays arising from the foregoing causes may be longer than the period of time such cause (such as a strike, governmental shutdown or riots) existed. The parties agree that a delay arising out of the causes referred to above will be material or indefinite only if it exceeds one year. Warranties; Limitations. Client represents and warrants to UCNG that it has selected (and will select) all the vehicles that it seeks to have UCNG refuel without any involvement on the part of UCNG, and that Client has determined that the design, function, performance and specifications of such vehicles, their engines and their fuel storage and delivery systems are suitable for Client’s purposes and consistent with CNG that meets the standards and specifications set forth in this Agreement. The parties agree that, in determining the foreseeability of any loss or damage arising out of any breach of this Agreement, each will be charged only with such knowledge of the other’s business, requirements and intended use of vehicles as has been formally disclosed to the other party in writing before making this Agreement. Amendment; No Waivers.Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by each party hereto or, in the case of a waiver, by the party against whom the waiver is to be effective. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Integration.This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, among any of the parties with respect to the subject matter of this Agreement. Governing Law; Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. If a dispute between or among the parties relating to this Agreement becomes the subject of litigation, the prevailing party in such dispute (as determined by the court) shall be entitled to recover reasonable attorneys’ fees, costs and expenses incurred in connection therewith from the other party. HOLD HARMLESS/INDEMNIFICATION:UCNG shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgements and liability for death, personal injury, bodily injury, or property damage arising directly from its negligent performance under the Agreement, or a ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] subsequent purchase order entered into by City and UCNG, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. UCNG acknowledges that it is solely responsible for complying with the terms of the Agreement or a purchase order arising out of the agreement. Counterparts.This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5865 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the Third Amendment to the Lease Agreement between Ruth Eckerd Hall and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater and PACT, Inc. entered into a Lease Agreement (Lease) dated March 7, 2001 whereby the City leased to PACT, Inc. the property known as Ruth Eckerd Hall. Ruth Eckerd Hall, Inc. is the successor in interest to PACT, Inc. The Lease was amended on November 25, 2003 to release a portion of the entire parcel to the City to construct a Habitat Restoration and Mitigation Project as permitted by the Florida Department of Environmental Protection. The Second Amendment to the Lease provided for $3,000,000 for specific Capital Improvements and enhancements necessary for the renovation, repair and operation of the Ruth Eckerd Hall Facility. Ruth Eckerd Hall formerly contracted with an outside vendor to serve liquor, but a change in business operations now uses their in-house staff to serve liquor. With this change of business operations, the City and Ruth Eckerd Hall desire to amend the Lease to require Ruth Eckerd Hall to maintain the Liquor Liability Coverages called for in this Third Amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 P~EPAR~l)> BYANp RETURN TO: JHARRYS. CL INE, ESQ. IMacfarlaneFerguson & McMullen_ Post Office Box 1669 Clearwater, FL 33757 oJ 187805 MAY-18-200 1 11: 17AMPINELLASCO8K11377PG2014 JIIIII 11111 9111111111111111111111I11111111I1111 r0 'lio~ t) D LEASE I.J.L--- (\ .THIS LEASE, made and entered into this 7 day of ~cJ//'2001, by and between CITY OF CLEARWATER, a municipal authority, whose mailing address is: Attn:Pam Akin Post Office Box 4748, Clearwater, FL 33758- 4748, hereinafter referred to as "City", and PACT, INC., a Florida not-Cor-profit corporation, whose mailing address is: Attn:1111 McMullen-Booth Road, Clearwater, FL 33759 hereinafter referred to as "PACT"; WIT N E SSE T H: WHEREAS, City accepted a donation ofland in 1977 from Kapok Tree Inn, Inc., to the City of Clearwater, pursuant to that Resolution No. 77-133, with the understanding and agreement (the "Agreement") that the properties involved would be developed for a performing arts center all properties described on Exhibit"A" attached hereto and all improvements thereon (being collectively referred to as the "Arts Facility"), said property being more fully described in Exhibit "A" attached hereto (hereinafter referred to as the Entire Parcel"); and WHEREAS, subsequent to accepting the donation of the lands as aforesaid, the 02-21-1;1:23PM City pursuant to Resolution No. 78-127, did enter into a Ground Lease with PACT on PAGES c:2"^' _ACCT 1/ -7 CHG AMT CK AMT REe ~ OS DR219 . . OS lNT F~ES LffF INITIALED: andlord Tenant pi!0 1 ',' (,' ( 1 -- :; / / ,. !...../ /' J I I PINELLAS COUNTY rLArr.REC.8K 11377 PG 2015 March 14, 1979, reflecting a lease term from January 1, 1979 through December 31, 1993, with renewal provisions for an additional fifteen (15) years, with a maximum lease extension of fifty (50) years; and WHEREAS, subsequent to execution of the lease as aforesaid, incident to financing and construction of the performing arts facilities, the City and PACT canceled the lease agreement, and the properties described on attached Exhibit "B" were sold, transferred and conveyed to PACT (hereinafter referred to as the "Building Parcel"), subject to a right of reverter back to the City upon payment of bond indebtedness which was required to pay for initial construction, and.the balance of the lands remaining continued to be owned by the City (hereinafter referred to as the "Parking! Access Parcel"), subject to an easement authorizing PACT to construct parking, lighting installation and signage on the remaining lands, as reflected by that easement agreement dated June 4, 1981, and duly recorded in O.R. Book 5199, page 1813, public records of Pinellas County, Florida, and simultaneously therewith the City and PACT entered into a Facilities Use Agreement; and WHEREAS, on August 26, 1998, the City and PACT did enter into a further Maintenance and Operation Agreement pertaining to the parking lot, entranceway, and landscaping and other related matters as to the Parking! Access Parcel; and INITIALED: 02-21-1;1:23PM 2-Tenant I I r"~ ~'-' '"'"rl1~' ( ,. E.":'l \/ ED"f . I __ JUN - 5 2001 MACFARLANE FERGUSON & McMuLLEN i\TTORNEY ATTORNEYS AND COUNSELORS AT LAW 900 HlGHP01NT CENTER 106 EAST COLLEGE AVENUE TALLAHASSEE, FLORIDA 32301 850) 681-7381 FAX (850) 681.0281 400 NORTH TAMPA STREET, SUITE 2300 P. O. BOX 1531 (ZIP 33601l TAMPA. FLORIDA 33602 813) 273.4200 FAX (813) 273-4396 625 COURT STREET P. O. BOX 1669 (ZIP 33757) CLEARWATER, FLORIDA 33756 727) 441-8966 FAX (727) 442-8470 June 1,2001 IN REPLY REFER TO Post Office Box 1669 Clearwater, FL 33757 Pam Akin, City Attorney City of Clearwater Post Office Box 4748 Clearwater, FL 33757-4748 Re: City of Clearwater / PACT, Inc. [lease commencement date] Dear Pam: The original Lease agreement was executed with the commencement dates left blank on pages 3 and 4. This was necessary because when approved, the transaction was subject to PACT paying offthe existing indebtedness so the City ofClearwater would acquire ownership ofall ofthe ground and improvements. The documents were recorded on May 18th. I would like to suggest that we insert in the lease, on pages 3 and 4, that the commencement date is May 18th, and then the termination date would be May 17th. I do not see that it is so important that we re-record the lease, but I would like for you to confirm, if you agree, that these dates represent the commencement date for the new Lease and Facility Use Agreement. As always, thank you for your assistance and I shall look forward to hearing back from you. Sincer Cline HSC:koh Enclosure cc: PACT, Inc. [Attn: Mr. Robert Freedman] H:IDataIAtylHSCIPACTIAKIN.601 MCFARLANE FERGUSON I 727 442 8470 06/07 '01 ~6:11 NO.625 02/03 NEt..t:.FlS C:OUNTY Fl.-A. C).,.",RE:C ~ BK 11~17 PO 2016 WHEREAS, incident to the bereinabove identified agreements between the parties, PACT did in fact construct the perfonning art facilities consistent with the original Agreement causing the Entire Parcel to be conveyed to the City, and subsequent thereto operated the En!i~e,Parcel at all tim.es in conformity with the original intent of-the said Agreemetit; and @WHEREAs, on Ih.~~oo.y of\J1b'f -;2001', PACT paid off all ofthe . i underlying bond indebtedness, whioh consistent with the tenns of the original bond issue and agreements, resulted in the l:llVerter of fee simple title Olllhe propeI:lies described on ~ Exhibit f'B" to the City such that the City was thereupon fee simple titI~ owner .ofthe l~ Entire Parcel, as described 011 Exhibit "A", which included the performing arts facility, the parking lot, entry roads, and other associated properties pertaining to the performing arts center; and WHEREASt PACT has indicated a willingness and a desire to continue to operate the Arts Facility, and to continue to solicit funds, and to mainfDin.J repa~ and otherwise ' use and develop the said premises and improvements thereon for a performing arts center as heretofore done, conditioned upou the City entering into a long term. lease agreement WithPACT;. and .. WHEREAS, the City has had the required public hearings to have the properties described on attached Exhibit "A" declared surplus, and has determined' that PACT, INITIALED: O~.21-111.nl?tl 3- ryod IIenlUll: MCFARLANE FERGUSON 1727 442 8470 06/07 101"6:11 NO.625 . 03/03r , AEL~AS COUNTY rLAOr~REC,eK 113?? PG 2017 having raised the funds necessary to construct the performing arts facilities, and having operated and maintained the facilities and provided programming and ~therwjse. complied with the original intent of the donors, as approved by the City in 1977) and complied with all other agreements existing with the City from time to time, is therefd.re the proper party to continue to operate the facilities under a lease agreement, upon the tenus and provisions hereinafter set forth, it is AGREED for the sum of One Hundred ($100.00) Dollars and other-valuable considera,tion.s, the receipt ofwhich is hereby aclmowledged, as follows: 1. Recitals. The recitals set forth above are 1roe and COtrect!and are incorporated herein by reference. 2. Demiseq Premis~. City does hereby Jease to PACT the toea! property and all improvements located thereon (hereinafter called the "Premises''), wihioh are known and described as followS: See Exhibit "At' attached hereto and made part hex'eofby reference. t-A A'(' 3. .lttitiiU Thrm. The In,itial Tem ofthis Lease is thirty (30) years and shall @!) v J.,)~'~ v.Js-< 2031. 4.QmiQn to Extend Thrm. If PACT is c.ot in default hereunder, at the expiration ofthe Initial Tenn, PACT shall have the right and option to elx:tend the term of Q2-21-1/1.23PM LandJ.oZ'4 4- orelllm" I fINELLRS COUNTY FLR, 0~,REC,8K 11377 PG 2018 WHEREAS, incident to the hereinabove identified agreements between the parties, PACT did in fact construct the performing art facilities consistent with the original Agreement causing the Entire Parcel to be conveyed to the City, and subsequent thereto operated the Entire Parcel at all times in conformity with the original intent ofthe said Agreement; and WHEREAS, on the _ day of 2001, PACT paid off all of the underlying bond indebtedness, which consistent with the terms of the original bond issue and agreements, resulted in the reverter of fee simple title on the properties described on Exhibit "B" to the City such that the City was thereupon fee simple title owner ofthe Entire Parcel, as described on Exhibit "A", which included the performing arts facility, the parking lot, entry roads, and other associated properties pertaining to the performing arts center; and WHEREAS, PACT has indicated a willingness and a desire to continue to operate the Arts Facility, and to continue to solicit funds, and to maintain, repair and otherwise use and develop the said premises and improvements thereon for a performing arts center as heretofore done, conditioned upon the City entering into a long term lease agreement with PACT; and WHEREAS, the City has had the required public hearings to have the properties described on attached Exhibit "A" declared surplus, and has determined that PACT, INITIALED: 02-21-1;1:23PM 3- V Landlord T Tenant l1 1 PINELLAS COUNTY FLA Orr,REC,8K 11377 PG 2017 having raised the funds necessary to construct the performing arts facilities, and having operated and maintained the facilities and provided programming and otherwise complied with the original intent of the donors, as approved by the City in 1977, and complied with all other agreements existing with the City from time to time, is therefore the proper party to continue to operate the facilities under a lease agreement, upon the terms and provisions hereinafter set forth, it is AGREED for the sum of One Hundred ($100.00) Dollars and other valuable considerations, the receipt of which is hereby acknowledged, as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. Demised Premises. City does hereby lease to PACT the real property and all improvements located thereon (hereinafter called the "Premises"), which are known and described as follows: See Exhibit "A" attached hereto and made part hereof by reference. 3. _ Initial Term. The Initial Term of this Lease is thirty (30) years and shall commence on the day of 2001 and shall expire on the _ day of 2031. 4.Option to Extend Term. If PACT is not in default hereunder, at the expiration ofthe Initial Term, PACT shall have the right and option to extend the term of Landlord 02-21-1;1:23PM 4-Tenant p. INELLAS COUNTY rLA, OFl",REC.8K 11377 PG 2018 this lease upon all the terms, provisions and conditions herein set forth (unless otherwise expressly set forth herein) for an additional period of thirty (30) years. PACT shall exercise said option by giving written notice ofits exercise of such option to City at the address set forth above by registered or certified mail, postage prepaid, mailed not less than one hundred eighty (180) days prior to the expiration of the Initial Term hereof. 5. Rent. In consideration for this lease agreement, PACT agrees to undertake and perform the obligations herein. The principal consideration to City for the rights herein granted is for PACT to maintain, restore, replace and operate the Arts Facility as herein provided, and for the general enjoyment of the citizens of the City of Clearwater, Florida, and surrounding areas. In recognition of a value of those services heretofore, and to be performed by PACT, consistent with the intent ofthe original donation ofthe properties, and consistent with the construction, maintenance and operation from inception to date, the total rental payments due the City for the Initial Term hereof (or for any renewals or extensions hereof) shall be $100, the r~ceipt and sufficiency of which is hereby acknowledged by City, plus performance of the obligations set forth herein. 6. Use. a) - Th"e premises snaIl be used for the purposes getiefally~ established by the donor in granting the properties to the City, including but not limited to the maintenance, repair, replacement, and expansion ofthe existing facilities, and 02-21-1;1,23PM 5- INITIALED: Landlord Tenant o I JPINELLAS COUNTY rLA. o r,REC,8K 11377 PG 2018 operating the Arts Facility, together with activities customarily associated with a performing arts center, including, but not limited to the booking, promoting and holding of professional performing arts and educational events, collection of admission charges, provisions for concessions and parking services for a fee, rental of the facilities to local community groups consistent with the intent of the donors of the property and with the City and community uses heretofore made, and generally shall be used and occupied to promote development of any and all of the performing and visual arts, and to cultivate public and professional knowledge and appreciation of all such arts, to provide banquet, restaurant, concession and other food and beverage activities not inconsistent with the purposes set forth herein, and conduct retail activities reasonably related to the other uses ofthe premises, and to provide ancillary services for performing or visual artists or educators or for students or the theater-going public generally, necessary or desirable to promote or facilitate the foregoing uses, including without limitation the publication and dissemination of any and all media materials relating to the foregoing. PACT agrees that the premises shall continue to be operated and maintained in such a manner as to be a credit to the City, and shall be made available to all members of ,. the public regardless of race, color, creed, national origin or religious preference INITIALED: 02-21-1;1:23PM 6- o<d Tenant o I PINELLAS COUNTY FLAIOFF.REC,8K 11377 PG 2020 and shall be developed, operated and maintained in a manner consistent with the public interest. b) PACT shall have sole administrative and artistic control over the events and activities conducted within and on the premises so long as such events and activities shall be consistent with the above stated purposes. c) The premises shall not be utilized by PACT for the purpose of working or campaigning for the nomination or election to any public office, whether partisan or non-partisan, but PACT shall not be precluded from renting all or part of the premises to persons or entities for political activities. 7. Payment of Utilities. PACT shall pay all charges for heat, gas, electricity and other public utilities used and consumed by it on the Premises during the term of this lease. 8. Maintenance. Repairs and Care by PACT. PACT will not commit any waste of the Premises. PACT shall maintain the Premises in a neat and orderly manner and will perform all maintenance and repairs required to keep and maintain the interior and exterior of the Premises in as good condition and repair as the same exist upon commencement of the term hereof, except for ordinary wear and tear. PACT further covenants and agrees to keep and maintain the exterior of the premises, including landscaping and open areas, and the drives and parking areas in good condition and 02-21-1;1:23PM 7- INITIALED: tr' Landlord l Tenant 16 t P.NELLAS COUNTY rLAOrFIREC,8K 11377 PG 2021 repatr. PACT also covenants and agrees to make all structural repairs, whether interior or exterior, and to make all necessary replacements and repairs to the roof, electrical system and to the plumbing system, including without limitation, those portions of the plumbing system lying outside of the building or within the walls or floors of the building. All maintenance, servicing, repairs and replacements of the heating and cooling system and plumbing fixtures shall be the responsibility of PACT. PACT shall be entitled to and benefit from all warranties and guarantees of the manufacturers of said system and any replacements thereto. 9. Installations. Alterations and Removal. Alterations or permanent additions to the Premises shall be made at the sole cost and expense of PACT and shall be consistent with the uses authorized herein, consistent with the donors' general intent and shall be undertaken only upon obtaining all appropriate permits. Any such alterations and additions shall be completed free and clear of all mechanics' and other similar liens and claims. PACT shall not have the right to expose the City's ownership interest to any mechanic or_ construction liens, and to the extent requested by the City, will join in a Memorandum of Lease to be recorded in the public records reflecting such limitations. PACT shall also make such temporary alterations, repairs and additions to the Premises as may be required by PACT, and PACT may install such equipment, fixtures and property as it may require for its business purposes including, without limitation, antennas, satellite 02-21-1;1:23PM 8- INITIALED: Landlord r-= o I IINELLA5 COUNTY rLR, Or ,REC,8K 11377 PG 2022 dishes for satellite communications and a radio antenna for radio communications on the roof or other part of the Premises. Title to all alterations, additions and improvements to the Premises shall rest in and remain with the City, subject to PACT's use and occupancy pursuant to this agreement. 10. Signs. PACT may maintain existing signage, and may place suitable signs on the Premises for the purpose of indicating the nature ofthe business carried on by PACT in said Premises; provided, however, that such signs shall comply with all applicable laws, ordinances and regulations. 11. Insurance. During the term hereof, PACT shall maintain fire and extended coverage insurance on the Premises in an amount reasonably acceptable to City. PACT shall maintain contents insurance upon its personal property located in the Premises. PACT shall maintain public liability insurance insuring against claims for death or injury or property damage, in the amounts of at least $1,000,000.00 with respect to death or injury of one person, $2,000,000.00 with respect to one occurren;e, and $100,000.00 with respect to damage to property. Copies of such policies of insurance shall be furnished to City. City shall be named as an additional insured in such policy. 12.- Iiidemnity. PACT agrees to indemnify and save CitY harmless from and against any and all loss, liability claim, cost and expense from claims for injury or damage to property arising out of any acts ofPACT or its agents and employees in its use 02-21-1;1:23PM 9- 7? J4 I PltELLAS COUNTY FLR, Orr,tEC,8K 11377 PG 2023 and occupancy ofthe Premises or arising out of any failure on the part of PACT to keep and perform its covenants and obligations hereunder. 13. Damage or Destruction. PACT is responsible to repair any damage or destruction to the premises. If all or any part ofthe Premises shall be damaged or destroyed by fire or other casualty insured, the proceeds shall be used for repair or rebuilding as a result of such damage or destruction. In the event PACT shall failor refuse to undertake the appropriate planning and permitting process, or otherwise begin to process reconstruction subsequent to damage or repair, the insurance proceeds shall be retained and held by the City and used by the City for the Premises. The City, and any mortgagee( s) shall be named as additional insureds in any fire and extended coverage insurance on the Premises. 14. Assignment and Subletting. Except as otherwise provided herein, PACT shall not assign its interest in this lease nor sublet the Premises, in whole or in part, for any period beyond one (1) year, without first obtaining the written consent of City, which consent shall not be unreasonably withheld. 15. Ouiet Enioyment. City covenants and agrees that PACT, upon compliance with the terms and provisions of this lease, and keeping its covenants and obligations hereunder, shall be entitled to possession and occupancy of the Premises. INITIALED: 03-05-1;1l:06AM 10-Tenant I iPINELLAS COUNTY FLA, O(F,REC,8K 11377 PG 2024 16. Leasehold Mortgage. a) PACT shall have the right to mortgage or otherwise pledge any and all of its right, title and interest in and to its leasehold estate and any improvements thereon and the tangible or intangible personal property rights relative thereto, provided: (i) PACT shall provide a copy of the note and mortgage and name and address of any such lender to the City by hand delivery or certified mail, return receipt requested, or by overnight courier service; (ii) such leasehold mortgage is from an "Institutional Lender," its lien constitutes the first lien on the Premises subject to the usual and customary exceptions thereto typically accepted by an Institutional Lender [the term "Institutional Lender" as used in this lease shall refer to a savings bank, savings and loan association, commercial bank, insurance company, trust company, credit union or other lender of substance which has assets in excess of$50 million dollars at the time the "Mortgage" is made]; (iii) the term of such leasehold mortgage is less than or e9ual to the remaining term of this lease; (iv) the leasehold mortgage shall not cloud the title after the Lease is terminated; (v) the leasehold mortgage shall not modify or nullify any terms, provisions, covenants, conditions, or obligations of the lease; (vi) the lender INITIALED: Z) Landlord 03- 05-1; 11: 06AM 11-Tenant a I PINELLAS COUNTY FLA, IFF,REC,8K 11377 PG 2025 covenants and agrees with City that lender shall not conclude any foreclosure action by affecting a judicial sale of PACT's leasehold interest in the Premises to occur until the expiration of one hundred twenty (120) days from the date on which lender gives written notice to City of PACT's default under the loan documents constituting the Mortgage, and specifying what actions are required to cure such default, during which time the City may at its option cure such default(s) and/or provide a "substitute lessee" acceptable to lender upon terms as may be required by lender, and which shall not serve to release PACT from any liabilities owed to lender, and (vii) in the event that the leasehold mortgage if foreclosed, the lender, its nominee, successors, assigns, or a purchaser at such foreclosure sale shall assume the lease upon the same terms, provisions, covenants, conditions and obligations. The City shall provide PACT with its objections to the form of the leasehold mortgage in writing within forty-five' (45) days from the receipt of the leasehold mortgage by the City. Any mortgage permitted by this subparagraph 17 (al is referred to in this lease as the "Mortgage". The City shall have no obligation to subordinate its fee interest and no secondary financing shall be permitted without the prior written consent of the City, which consent shall not he unreasonably withheld. Any lender whose loan to PACT is secured by a mortgage 02-21-1;1:23PM 12- INITIALED: rTenant PINELLAS COUNTY rLA, OrFIREC,8K 11377 PG 2028 permitted hereby is hereinafter referred to as a "Lender". Any lender or a mortgage which does not meet the requirements set forth above shall be void. b) Notwithstanding anything contained in this lease to the contrary, Lender shall have the right to perform any term, covenant, condition or agreement of this lease to be performed by PACT and to remedy any default by PACT, and the City shall accept such performance by Lender with the same force and effet as if furnished by PACT. The City shall give any Lender written notice simultaneously with any written notice given to PACT, asserting a default under the lease, and the Lender shall have the same rights to cure as PACT, and will have the same time periods provided for in the lease to cure such default( s) at any time and from time to time, unless the documentation approved by the City incident to any financing contains a longer curative period for the Lender, in which case that time frame shall govern the time to cure for the Lender. 17. Default. Upon the happening of any on~ or more of the following events: a) PACT's continued default in performance of any covenant of this agreement for a period of more than thirty (30) days after delivery of written notice of such default to PACT by City, and if the default is not such that can be cured within thirty (30) days, then PACT shall be obligated to have commenced the cure INITIALED: 02-21-1;1:23PM 13- lY om Tenant I, l PIIELLAS COUNTY rLA, Orr, EC,8K 11377 PG 2027 of such default and be proceeding to cure the same in good faith and with all reasonable due diligence; b ) PACT's making an assignment for the benefit of creditors, or a receiver or trustee being appointed for PACT; c) PACT's vacating or abandoning the Premises; d) The Board of Directors for PACT declaring their intention to cease to engage in the purposes and activities hereinabove specified, and to quit and surrender the Premises. In the event that anyone or more of the above identified matters occurs, and the same not being cured following written notice of default to PACT and to any Lender, then subject to the terms and provisions of any Mortgage, and any agreements executed incident thereto, the City at its option may exercise anyone or more ofthe following options: 1) declare this agreement to be terminated, ended and null and void and re-enter upon and take possession of the Premises, whereupon the term hereby granted and all right, title and interest of PACT in the Premises shall end; or 2) exercise any and all rights and privileges available to the Cityhereunder, incident to enforcing the terms and provisions herein in any legal proceeding under the laws of either the State ofFlorida, or the United States ofAmerica, or both. 02-21-1;1:23PM 14- INITIALED: r'Tenant o 1-Or~ I~~2LAS COUNTY rLA,8K 11377 PG 2028 18. Notices. Any notice required or permitted to be given hereunder shall be deemed sufficient if given by communication in writing, delivered by courier, or facsimile transmission, with receipt confirmed, or sent by United States mail, postage prepaid and certified, and addressed to the entities and addresses set forth above, or to such other address in either case as such party may designate in writing. 19. Compliance. PACT shall use reasonable efforts to comply with and observe, and this agreement shall be subject, to any and all relevant laws, resolutions, rules, regulations and orders of the City and of all governmental and regulatory bodies, except for any such regulations which would entail, or require or necessitate the making of any extraordinary or structural changes to the roof, columns, bearing walls, and other structural elements of the Arts Facility, and its mechanical, electrical, plumbing, heating and air-conditioning facilities and systems or entail, require or necessitate the expenditure of funds with respect to or in connection with the correction or repair of items for which PACT has not funds available from any source. 20. - Ownership of Property. a) Ownership of the real property and improvements made thereto, and fixtures placed thereon shall remain with the City,. subject to the terms of this lease. 02-21-1;1:23PM 15- INITIALED: Tenant f} I IPINELLAS COUNTY FLA, 0~r,REC,8K 11377 PG 2028 b) Any and all intangible personal property, cash, objects or articles of art or other personal property, acquired by, or donated to PACT shall be and become the sole property ofPACT. Objects of art and other personal property may beplaced in the Arts Facility by PACT, or PACT may display such property it receives on loan. Such property shall remain the property ofPACT, or if on loan or under another agreement, shall remain the property of the parties providing the same to PACT, and shall not become the property ofthe City, during the term of this lease, or upon any termination hereof. 21. Inspection. City shall have the right to enter upon the Premises, upon reasonable prior notice at mutually agreeable times, for the purpose of inspecting the same, preventing waste, or other reasonable purposes, and for the purpose of making such repairs to the Premises as the City may desire, understanding that this clause shall in no way be deemed to require the City to make any repairs to the facilities. 22. Negation of Agent/Employee Status. PACT shall perform this agreement as an independent contractor and nothing contained herein shall in any way be construed to constitute PACT as representatives, agents, subagents, or employees of the City. In no event and under no circumstances shall any provision of this agreement make City or any political subdivision of the State of Florida liable to any person or entity that contracts with or that provides goods or services to PACT in connection with PACT has agreed to 16-Tenant02-21-1;1:23PM Ii I INELLAS COUNTY FLA, OF~,REC,8K 11377 PG 2030 perform hereunder. PACT shall be solely responsible for and shall be the contracting party with the intended risk of loss with respect to any and all operations, directly or indirectly, related to the Arts Facility carried out on the Premises, including but not limited to all theatrical productions, stage events, food and beverage, merchandise, souvenirs, parking, video and audio production activities, all cultural and theatrical productions, or other activities performed hereunder. 23. Charitable Support. The City is aware that PACT annually raises substantial funds through charitable donations to support operations, capital campaigns which would include, without limitation, campaigns to raise funding for modernization, maintenance, repair, or expansion, and to further endow the arts. Such fund-raising is most important to the success of PACT, and incident thereto PACT offers recognition to donors at various levels. The City hereby authorizes PACT, incident to such fund-raising activities, to afford naming opportunities to donors, involving the identification of donors or contributors by placing signage or signs, plaques or other visual and permanent identification of donors or contributors to PACT, its operations, facilities, programs, endowment or other support. 24. Miscellaneous: 02-21-1;1 :23PM 17- INITIALED: r~ O<' Tenant PI~LLAS COUNTY FLA, Orr.~C,8K 11377 PG 2031 a) Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. b) Triple Net Lease. It is the intent of this agreement that it will be a triple net lease, with PACT paying any and all costs, expenses, charges, taxes, maintenance, repair, insurance, premiums or other charges or impositions necessary to m!lintain the facilities in a good state of repair, and in accordance with the terms and provisions of this lease agreement. In the event taxes are ever assessed against the property, such taxes shall likewise be a charge and expense of PACT hereunder; c) Radon. 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 be~n found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your county public health unit. d) Entire Agreement. This agreement constitutes the entire agreement between the parties, and supersedes all negotiations or prior agreements in connection with the subject matters hereof. 02-21-1;1:23PM 18- INITIALED: Landlord I.RINELLAS COUNTY FLA. OF~, REC . SK 11377 PG 2032 e) Amendments. No change, modification or termination of any of the terms, provisions or conditions of this agreement shall be effective unless made in writing and signed by all parties hereto. g) Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Florida. h) Separability. If any paragraph, subparagraph, or other provision of this agreement, or the application of such paragraph, subparagraph or provision, is held invalid, then the remainder of the agreement and the application of such provision to persons or circumstances other than those with respect to which it is held invalid, shall not be affected thereby. i) Binding Effect. This agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective successors and assIgns. j) Remedies. All remedies shall be cumulative and not alternative. k) Memorandum of Lease. The parties hereto shall prepare and record a Memorandum of Lease in the public records for Pinellas County, Florida. 02-21-1;1:23PM 19- INITIALED: 0''' Tenant vJ J l. PINELLAS COUNTY FLA, rF .REC,8K 11377 PG 2033 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. h~ B. ria ... ~gst, Mayc/'.. mmlSSlOner Approved as to form: dla K. Akin mm City Attorney Wi~!~ Witness - Print Name H,\Data\Aty\HSC\PACT\LEASE.DOC Attest: By:tL..~o. thia E. Goudeau, Clerk PACT, INC., a Florida non-pr9fit oraA + Name! Title: 20- Iiii;;', . Ji.ii\.~~~'-:iJIPINrLLASCOUNTY 'LA. · ~'~'i.'0". Rrc . SK 11377 PG 2034 if lit, t A PARCEL OF LAND LY I NG I N THE SOUTH 1/2 OF THE NORTH 1/2 OF SECT I ON 9 ,t:.~.:> '4TOWNSHIP29SOUTH, RANGE 16 EAST, PI NELLAS COUNTY, FLOR I DA, AND BE I NG MORE :~t' t.,:..iPARTICULARLYDESCRIBEDASFOLLOWS :\\,. f. 1~/:" I.EXHIBIT DESCRIPTION:jIIII J A'\ RUTH ECKERD HALL' BEG I NN I NG AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECT I ON 9 ,1*\ ;':~TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: THENCE SOUTH:r89021 '05" EAST, ALONG THE NORTH LINE OF DEL ORO GROVES, AS RECORDED IN PLAT~BOOK 12, PAGE 2 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A"DISTANCE OF 477.16 FEET TO THE SOUTHWEST CORNER OF LOT 21, DEL ORO GROVES{FIRST ADDITION, AS RECORDED IN PLAT BOOK 69, PAGE 56 AND 57 OF THE PUBLIC,!RECORDS OF P I NELLAS COUNTY, FLOR I DA: THENCE ALONG THE WEST AND NORTH LINES _''','' .,;.;OF SAID DEL, ORC GROVES FIRST ADDITION THE FOLLOWING TEN (10) COURSES ANDDISTANCES: I. NORTH 00016' IS" EAST, 519.23 FEET: 2. SOUTH 89019'45" EAST,118.80 FEET; 3. NORTH 00029'45. WEST, 79.68 FEET; 4. SOUTH 89009' 15" EAST,245.08 FEET; 5. NORTH 00005'45" EAST, 129.43 FEET; 6. SOUTH 89034' IS"EAST, 60.45 FEET: 7. NORTH 00010' 15. WEST, 301.98 FEET; 8. SOUTH 89017' IS"EAST, 498.69 FEET; 9. NORTH 81025'06" EAST, 479.63 FEET: 10. SOUTH89049' 15" EAST, 251.76 FEET TO A POINT ON THE WEST LINE OF LOT 25, DEL OROHEIGHTS, AS RECORDED IN PLAT BOOK 54. PAGE 12, OF THE PUBLIC RECORDS OFPINELLASCOUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF SAID DEL OROHEIGHTSSUBDIVISION, NORTH 00004'50. EAST A DISTANCE OF 221.17 FEET TO THENORTHLINEOFTHESOUTH1/2 OF THE NORTH 1/2 OF SAID SECTION 9; THENCENORTH89017'04" WEST ALONG SAID LINE, A DISTANCE OF 1514.66 FEET; THENCELEAVINGSAIDLINE, SOUTH' 00007'43" WEST A DISTANCE OF 64.54 FEET; THENCENORTH89021 '08" WEST A DISTANCE OF 320.00 FEET; THENCE SOUTH 00007'43" WEST'A DISTANCE OF 50.00 FEET; THENCE NORTH 89021 '08" WEST A DISTANCE OF 290.00FEET; THENCE SOUTH 00007'34. WEST A DISTANCE OF 117 FEET MORE OR LESS TOTHECENTEROFALLIGATORCREEK, SAID POINT TO BE KNOWN AS POINT "A" FORCONVENIENCE; RETURN THENCE TO THE POINT OF BEGINNING; THENCE NORTH89021 '05" WEST ALONG THE NORTH LINE OF DEL ORO ESTATES, AS RECORDED IN PLATBOOK46, PAGE 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ADISTANCEOF695.52 FEET; THENCE NORTH 00007'00" EAST A DISTANCE OF 610.82FEET; THENCE NORTH 89018'29" WEST A DISTANCE OF 590.03 FEET TO THE EASTERLYRIGHT -OF -WAY 1I NE OF McMULLEN BOOTH ROAD, (S . R. 593), (A 100' R/W); THENCENORTH00007'00" EAST ALONG SAID R/W LINE, A DISTANCE OF 60.00 FEET TO THESOUTHWESTCORNEROFKAPOKMANORCONDOMINIUMVILLAGEONE, AS RECORDED INCONDOMINIUMPLATBOOK22, PAGES 48 THRU 51 INCLUSIVE, OF THE PUBLIC RECORDSOFPINELLASCOUNTY, FLORIDA; THENCE SOUTH 89018'29" EAST ALONG THE SOUTHLINEOFSAI1) CONDOMINIUM AND THE SOUTH LINE OF ONE KAPOK TERRACE, ACONDOMINIUMPHASEVI, AS RECORDED IN CONDOMINIUM PLAT BOOK 102, PAGES 8.THRU 10. I NCLUS I VE, OF THE PUBL I C RECORDS OF PI NELLAS COUNTY FLOR I DA, A'DISTANCE OF 1135.68 FEET; THENCE NORTH 00007'00" EAST A DISTANCE OF 60.00FEET; THENCE NORTH 66027'06" WEST ALONG THE NORTHERLY LINE OF THEUNRECORDEDONEKAPOKTERRACE, A CONDOMINIUM. PHASE VI I, A DISTANCE OF267.83 FEET: THENCE NORTH 00007'34" EAST A DISTANCE OF 140 FEET MORE ORLESSTOTHECENTERLINEOFALLIGATORCREEK: THENCE EASTERLY AND NORTHERLYALONGTHECENTERLINEOFALLIGATORCREEKASITWINDSANDTURNSTOTHEAFOREMENTIONEDPOINT "A". t.:; SAID PARCEL CONTAINING 41 ACRES MORE OR LESS. J . I j EXHIBIT PINELLAS COUNTY rLA,rr,REC,8K 11377 PG 2035 i I, ~ " PARCEL 1 That certain piece, parcel, or tract of land lying in and being part oftheNorthhalfofSection9, Township 29 South, Range 16 East, PinellasCounty, Florida, being more particularly described as follows: From the center of said Section 9, NOaa 07' 43" E, and along theNorth-South centerline of said Section 9, a distance of 94.50 feet forapointofbeginning; thence N 890 21' 08" W, and parallel with theEast-West centerline of said Section, a distance of 26B.BO feet; thenceN00007' 43/1 E, and parallel with the North-South centerline of saidSection, a distance of 377.60 feet; thence S 8g0 21' 08" E, and parallelwiththeEa~t-West centerline of said Section, a distance of 489.60 feet;thence S 00 07' 43/1 W, and parallel with the North-South centerline ofsaidSection, a distance of 377.60 feet; thence N 8g0 21' 08" W, andparallelwiththeEast-West centerline of said Section, a distance of220.80 feet to the North-South centerline of said Section and the PointBeginning. \ . PARCEL 2 Toqether with an easement for inqress ana eqress,aescribeaasrOI10ws: That certain piece, parcel, or tract of land Tying in and being part oftheNorth1/2 of Section 9, Township 29 South, Range 16 East, Pine11asCounty, Florida, be.;ng set aside .for use as a permanent ingress andegresseaseme~t, with access roads being constructed within the boun-daries thereof ~ described as follows: From the center of said Section 9, N 000 071 43" E, and. along theNorth-Southcenterlfrw of said Section, a distance of' 54.0 feet foraP.O.B.; thence N 890 21' 08" W, and parallel with the East-~./estCenterlineofsaidSection, a distance of 374.4 feet; thence N 00007' 43"-E, and parallel with the North-South centerline of saidSection, a distance of 556.57 feet; thence N 890 lBI 31" W, adistanceof911.28 feet to the. West right-of-way of State Road No.593 and/or Mct1ul1en-Booth Road, a 100 fo~t .right--of-way, as no\'I n_-_:..'"'."'-e5-tabli.shed; -the-nee N 000 07' 00" E, and along said right-of-way, adistanceof60.0 feet to the Southwest corner of Kapok ManorCondominiumVillageOne, as recorded in Condominium Plat Book22, pages 48 through 51 inclusive, Public Records of PinellasCounty, Florida; thence S 890 18' 31" E, a distance of 1586.49 feet;thence S 000 07' 43" W, and parallel with the North-South centerlineofsaidSection9, a distance of 616.06 feet; thence N 8g0 21' 08" W,and parallel with the East-West centerline of said Section, adi~tance of 300.8 feet to the P.O.B. j"; I..J1.1 .t P INELLAS COUNTY rLArr.REC.8K 11377 PG 2038 PARCEL 3 . Together with an easement for parking, descr1bed as follows: parc~l of land lying in lne South 1/2 of the North 1/2 of Section 9, Township29So~tn, Range 16 East, Clearwat~r, Pinellas County, Fiorida, and being moreparticularlydescribedasfollows: eEGln at the center of said Section 9; thence N 89021'08" W, along the East-West centerl ine. of said Section, also being the North boundary of DEL ORCESTAiES, as recorded in Plat Book 46, Page 29, of the Public Records ofPine11asCounty, Florida, for 695.52 feet to a point lying 640.00 feet East ofthecenterJineofMc,.'ULlEIl-BOOTH ROAD (STATE ROAO 593); thence H 0007'00" E640.00' from and parallel with the centerline of said road, for 610.82 feet toapointlying60.00 feet Soutll of the southerly boundary of KAPOK MANOR CONDO-MINIUM VILLAGE ONE, as recorded in Plat Book 22, pages 4e through 51 of thePublicRecordsofPinellasCountY,"Florida; thence S 89018'31" E, 60.00 feelfromandparallelwith\ said South boundary for" 321.25 feet: thenceS0007'43" W, for 556.57 feet; thence S 89021'08" E, for 374.40 feet, to apointontheNorth-South centerline of said Section 9; thence continueS89021'08" E, for 300.80 feet; thenCE! N 0007'43" E, for 616.06 feet; thenceN85018'31" W, for .300.80 feet to the North-South'centerline of said Section:thence U 0007'43" E along said North-South centerline for 550.00 feet; thenceS' 89017'05" E and. parallel with the North boundary of said South half of theNorthhalfofsai~ Section, for 290.00 feet; thence N 0007'43" E, forSO.COfeet; thence S 89Q17!1:l5" E, for 17.02 feet; thence S 0007'43" W along a line30i.Oo-' easterly from ana parallel to the North-South centerline of saidSection, fOr 1269.94 feet to a point on the East-West centerline of saidSection, also being thel Na:-th boundary of eEL ORO GROVES,. as recorded in PlatSook12. Page 2, of the Public Records of Pinellas County, Florida; thenceN89021' 08" W along sa i d' centerli ne for 307.02 feet to the POINT OF BEGINNING,and contains 9_33 acres, more or less. KARLEEN F. DE BlAKER, CLERK OF CIlJRT PINELLAS COUNTY, FLORIDA 2C16927B 05-18-2001 11:16:18 YMW 51 LEA-CITY OF CLEARWATER, PACT IHe 016433 In:01167905 BK:11377 SPG:2014 EPG:2036RECORDING023PAGES1 $105.00 TOTAl..: P CHECK AMT. TENDEI\'ED: CHANGE : BY ________ DEPUTY CLERK 105.00 105.00 00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5866 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the First Amendment of the Amended and Restated Agreement between The Long Center Foundation (Foundation) and the City of Clearwater (City) to provide for more specific terms and conditions and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 11, 2012, the City and Foundation entered into the Amended and Restated Agreement to provide for funding support for the Long Center. The City and Foundation have developed a strong relationship that has provided quality facilities and programming for citizens of Clearwater and Pinellas County. Staff is recommending the approval of an amendment that more clearly defines specific terms and conditions of the Agreement. This Amendment will provide for the regular care and maintenance of the Donor recognition Granite in the Courtyard along with all other Donor recognition signage. In addition, donor recognition signage will be re-installed at the center-floor of the Dan and Nadine Carlisle Courts and Gym. This Amendment calls for annual reports to the Foundation’s Trustees, including but not limited to, the number of clients served, graduates of the Level Two Learn to Swim Program, activity reports, etc. This Amendment also ensures that the City will utilize every reasonable opportunity to recognize the Foundation’s Endowment Subsidy. This recognition specifically includes, but is not limited to, Age 18 and under “PlayPass” and $10 Learn to Swim Program for residents and nonresidents. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 C AMENDED AND RESTATED AGREEMENT This Amended and Restated Agreement by and between the City of Clearwater, Florida, a municipal corporation of the State of Florida, having an office at 112 Osceola Avenue, Clearwater, Florida 33756 (the City), and The Long Center Foundation, Inc., a Florida non-profit corporation (the Foundation) c/o Clearwater For Youth (CFY) whose address is 1501 North Belcher Road, Suite 226, Clearwater, FL 33765 (each individually referred to herein as "Party" or collectively the "Parties"), is made and entered into this day of , 2012. WITNESSETH: WHEREAS, the Parties entered into that certa.in Agreement dated August 27, 2003, Transfer Agreement) wherein the ownership of certain personal property and the improvements located on that certain real property at 1501 Belcher Road in the City of Clearwater, more commonly known as the "Long Center" (Facility), were donated to the City in consideration for the City assuming responsibility, using City resources, for the maintenance of said improvements, the oversight of recreational operations at the Facility, and the accommodation of certain third party organizations, including Clearwater For Youth CF and Upper Pinellas Association for Retarded Citizens (UPARC); and, WHEREAS, as additional consideration for the City taking on these and other responsibilities, the Foundation agreed to contribute at least Two-Hundred Thousand Dollars 200,000) per year as an annual subsidy for the operation of the Faciliry; and, WHEREAS, the parties entered into the First Amendment to Agreement (Transfer Agreement Amendment) to provide for the terms under which CFY would utilize the Long Center and provide that if CFY's use agreement was ever terminated for other than cause, the Foundation's $200,000 annual contribution would simultaneously terminate; and WHEREAS, the Parties now wish to amend and restate the agreement in its entirety as provided for herein. 1 NOW, THEREFORE, in consideration ofthe foregoing and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I. TERM 1. This agreement shall be perpetual commencing on ^ L ! I , 2012 (the Bffective Date") and continuing through termination by one of the Parties as set forth herein. This Agreement may be modified by a written amendment executed by both Parties. ARTICLE II. RESPONSIBILITIES OF THE CITY 2. Services to be Provided. In consideration for the donation of the Long Center, and the continued financial support from the Foundation, the City shall manage day-to-day operations and provide recreation programs, activities and services at the Facility generally as a means to help children and adults, and more specifically, as a way to build and foster confidence, educational, recreational, social skills and good habits in young people and adults, all such activities and programs being subject to the City's operating budget for such purposes in each ofthe City's fiscal years. 3. Use Agreements. The City shall enter into and maintain use agreements (in substantially the form attached hereto) with CFY (E ibit "B"), and UPARC as amended E ibit "C"), both of which are a material inducement to the Foundation Endowment Fund's annual income subsidy. As intended third-party beneficiaries of this Agreement, CFY and UPARC will acknowledge and consent to its terms and conditions as signatories hereto. 4. Rules and Regulations. Rules and regulations governing the Long Center may be established by the City in its sole discretion. Such rules and regulations shall provide for an annual entrance pass (Play Pass) made available to minor resident and non-resident children 18 years of age or younger, providing a discount in the amount of fifty percent 50%) of the resident entrance pass fee in recognition of the Foundation's annual subsidy. Said entrance pass shall only apply for entrance to the Long Center and the City is not bound to accept the entrance pass (Play Pass) for entry to any of its other recreational facilities. The youth discount will be in all printed fee schedules recognizing the Long Center Foundation as the financial subsidy provider. 5. Meeting Room Usa e. The Foundation shall have access to and usage of the Long Center's conference room for its board meeting, subject to availability. The City will accept the Foundation's mail and direct it to Clearwater For Youth, as agent for The Foundation, at CFY's Long Center office. 6. Signage. The name of the Facility must forever more be known as the H.E. Zip" LONG CENTER; the gymnasium known as the DAN AND NADINE CARLISLE Courts and Gymnasium; and the aquatic center known as the ROZ AND DAN DOYLE Center for the Aquatics. 'I'he City shall maintain and/or replace all such signage as necessary including the Courtyaxd Center signage. 7. Reporting and Publicit_y. The City agrees to submit an annual report and budget to the Foundation. The annual report shall identity the number of clients served hereunder and the type of activities and programs conducted. The City agrees to utilize every reasonable opportunity to publicize the annual subsidy received from the Foundation under this agreement. 8. Foundation Fundin. The Foundation will provide annual funding to the City as provided by the Long Center Foundation Endowment Fund Agreement at the Community Foundation of Tampa Bay, Inc., (E ibit "A"). In the event the City terminates its recreational operations and programming at the Long Center for any reason, including those referenced in paragraph number 10, or either CFY or UPARC Use Agreements are ternunated without mutual agreement, the annual subsidy will be directed to recreational and sports program organizations for children and adults within the greater Clearwater, Florida area as determined by the Board of Directors of the Community Foundation of Tampa Bay, Inc. If the Foundation fails to meet its funding requirement hereunder as provided in the Foundation Agreement with the Community Foundation of Tampa Bay, Inc. Eachibit A, the K City retains the right to terminate this Agreement in its entirety with written notice of termination being provided thirty (30} days prior to the effective date of sueh termination. 9. Indemnification. The City agrees to indemnify and hold the Foundation harmless from and against any and all claims, demands, and causes of action of lawsuits arising from the Agreement or the performance hereof, from August 27, 2003 and thereafter, unless such claims are the result of the Foundation's sole negligence, TO THE EXTENT PERMITTED BY LAW, SPECIFICALLY FLORIDA STATUES 768.28. Nothing contained herein shall be construed as consent by the City to be sued by third parties in any manner arising from this Agreement, or as a waiver of sovereign immunity. Under no circumstances or in no event shall the City indemnify the Foundation, or be liable in any way for claims, demands, and caused resulting from the Foundation's ownership, use, occupation of the Facility, or any other party's use or occupation thereof, prior to August 27, 2003. The Foundation agrees to indemnify and hold the City harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from its ownership, use, and occupation of the Facility, prior to August 27, 2003. 10. Termination. The City retains the right to terminate this Agreement for municipal need as determined by the City Council to be a necessary purpose. In addition, the City may terminate this Agreement in the event that the State of Florida or any of its agencies or political subdivisions thereof requires the property or any portion thereof for a public purpose as determined by such party in its sole discretion. 11. Notice. Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing}, or if sent by registered or certified mail (postage prepaid}, on the fifth (Sth) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, 100 S. Myrtle Avenue, Clearwater, FL 33756, with copy to City Attorney, 112 S. Osceola Avenue, Clearwater, FL 33756-5103. J 2. If to Foundation, addressed to The Long Center Foundation, c/o Clearwater For Youth, 1501 North Belcher Road, Suite 236, Attn: Chairman or Executive Director, Clearwater, FL 33765. signature page to follow] 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this // day of r,}1 _, , 2012. Countersigned: l f George Cretekos Mayor Approved as to form: Laura Lipowski Mahon Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: . .- illiam B. Horne, II City Manager Attest: Rosemarie Call City Clerk FISHER ENDOWMENT SUNSHINE PLAYGROUND ENDOWMENT FINANCIAL STABILITY ENDOWMENT LONG CENTER ENDOWMENT H.E. "ZIP" LONG ENDOWMENT Attest: By: L cL,1 Frederick E. Fisher C ya +1C m ^' ; r, , f v r By: Printed Name: f .Q 3 LONG CENTER TION, INC. UPARC, INC. Attest: f . ., Gi Attest: By: By ' V'/ Sh don Hershman, Executive Director rinted Name: i r.2 t. - CLEARWATER FOR YOUTH,INC. B Y ebb Exe ve Director 7 Attest: By• v--' rinted Name' ,'c2-;'2; y.J` C ( N Z-- The following parties acknowledge and agree that page 4 ofthe Agreement has been amended and restated since their original signatures to the Agreement as reflected on pages 6 and 7. The substantive amendment to the page is as follows: "unless such claims are the result of the Foundation's sole negligence." has been deleted from the second sentence in paragraph 9 and added after the word "thereafter," in the first sentence. IN WITNESS WHEREOF, the parties have set their hands and seals this day of PQ, c- , 2012. FISHER ENDOWMENT SUNSHINE PLAYGROUND ENDOWMENT FiNANCIAL STABILITY ENDOWMENT LONG CENTER ENDOWMENT H.E. "ZIP" LONG ENDOWMENT By,'/Lf.l.filGG :? t/1r Frederick E. Fisher L01 UPARC, INC. B: Y Sheldon Hershman Executive Director CLEARWA By: Hen Execu OR YOUTH, INC. 6b Director 3 Attest: B , y . Print Name: h'e 1 I (t- Attest: gy. c ,Q,C.v Print Name: %'J Q C) G/(,1. / G Z- Attest: By. O Print Name: Attest: a 1,.,, By: U . .. W- Print Name: • --p 1c,.o Exhibit "A" COM It NiI'Y FOCINDATION H Ta 4 N,a B y Forgood. ebr ever. ` Restated Agreement for The Long Center Foundation Fund within the Community Foundation of Tampa Bay THIS AGREEMENT made and entered into on this 7i day of fj(Cf- , 2012 is between Long Center Foundation, Inc., Frederick E. Fisher ("the Donors"), and the ommunity Foundation of Tampa Bay, I.nc. ("the Foundation"). WITNESSETH: WHEREAS, the Donors desire to establish, and the Foundation is willing to hold and administer a charitable endowment fund ("the Fund"), and, WHEREAS, in Section G of the "Fourth Amendment to the Agreement Far The Long Center Foundation Fund Within the Community Foundation of Tampa Bay," dated March 1, 2007, Frederick J. Fisher was given the authority to represent the original contributing donors in all previous fund agreements in such amendment and any subsequent amendments, and, WHEREAS, the Donors have hereby irrevocably gifted, transferred, and assigned to the Foundation certain assets, TO HAVE AND TO HOLD the same and any other assets which the Foundation may acquire as an addition to the Fund all of which shall be subject to the terms and conditions herein set forth: Now therefore, in consideration of the mutual covenants contained herein, the parties agree as follows: NAME OF FUND The Fund hereby created shall be known as the Long Center Foundation Fund. 2. PURPOSE A. Grants from the Fund shall be to provide support: i. to the City of Clearwater, Florida for operations, maintenance, and improvements of the Long Center, a facility owned and administered by the City of Clearwater, and ii. for programs held at the Lang Center that are sponsored by either the City of Clearwater or charitable tax-exempt organizaiions. B. Grants to the City of Clearwater for benefii ofthe Long Center shall terminate if: i. the City terminates its recreational operations and programming at tt e Long Center for any reason or ii. the Use Agreements with Clearwater for Youth (CFI and/ar Upper Pinellas Association for Retarded Citizens (UPARC) are terminated without mutual agreement. If payments to the City of Clearwater are ternunated under the above provisions, the Foundation shall make grants from the Fund to charitabte organizations that provide support or activities to children and young adults in the greater Clearwater, Florida area. LongCenterFoundatianFund.DLS.CFtB PagelofS Rev.6.2011 ver2012.022'7ll-34a GI TS A. All gifts and transfers to this fund at its inception were received from donors who were party to earlier fund agreements which granted variance powers to the Foundation. B. Original Donors to the Fund (Exhibit A) and subsequent donors to the Fund will receive gift recognition in the Foundation's annual reports. C. Any person whether an individual, corporation, trust, estate, or organization may make a gift to the Foundation as an addition to the Fund by a transfer to the Foundation of assets acceptable to the Foundation. All gifts and bequests shall be irrevocable. D. For accounting purposes, a separate fund may be established by the Foundation to account for gi$s received to benefit the Long Center and the City of Clearwater for which the donor does not explicitly grant variance power to the Foundation. 4. AMOUNTS OF GRANTS A. Annual grants for 2012 shall be made in the total amount of $125,Q00. B. Subsequent to 2012, the Foundation shall make grants from the Fund based on a calculation and frequency set from time to time by its Board of Trustees, currently at five percent of the fund balance as of December 3l of the previous year, payable March and September. Subsequent to 2012, the minimum annual grant will be $100,000. C. Except for the grant specified in Section 4.A., above, and the minimum annual grants specified in Section 4.B., above, grants may not invade the principal of the fund and shall be made only from accumulated earnings, as defined in Section 4.C.ii., below, ofthe fund. Principal of the fund is defined as the fund balance of $3,899,658.41 at December 31, 2011, plus subsequent gifts received into the fund, plus the annual 2% growth described in Section 4.E., below. Accumulated earnings is defined as the accumu(ation of Total Return, as defined in Section 4.E., be(ow, less grants made, less the annual additions to principal described in Section 4.E., below. D. Upon written request of either the Director ofParks and Recreation of the City of Clearwater or the Board of Trustees of Long Center Foundation, Inc., distributions may be less than the percentage currently recommended by tt e Foundation. If defened, the Director of Parks and Recreation of the City of Clearwater may later request in writing that an accumulated distribution be made. Such request shal l not exceed the excess of the sum ofthe prior six semi- annual payments as calculated in the preceding paragraph over the amounts paid for such periods. Distribution of previously deferred amounts as provided in this paragraph shali be in addition to amounts determined under Section 4.B., above. E. It is the intent ofthe Donors that the Principal of the fund be increased annually by not less than two percent (2%} of the beginning of the year fund balance less the annual grant paid during the calendar year, anc that the increase will be funded by the "Total Return" of the fund. For purposes hereof, the term "Total Return" shall mean the ordinary income (dividends, interest, rent, etc.) plus or minus realized and unrealized capital gains and losses earned by the inveshnent of assets of the fund less deductions for investment management fees and administrative fees. Long Center Faundahon FundD1;S_Ci'I'F3 Page 2 ofS Re-_ 6201 1_ver 2012.0227:1 134a The provisions of this Section 4.E. shall begin during calendar year 2012 and be based upon a December 31, 20ll value of $3,774,658.41, which is the December 3l, 2011 fund balance of 3,899,658.41 less the grants to be paid during 2012 of $125,000. RECII'IENTS OF GRANTS Annual grants, as determined in Section 4., above, shall be paid as follows: A. The City of Clearwater shall receive the larger of3% ofthe fund balance or $200,000 of annual grant to use at its discretion in operating or maintaining the Long Center or in providing program services at the Long Center. Should the annual grant be less than the larger of 3% of the fund balance or $200,0(?0, the City of Clearwater shall receive the entire grant. B. Annual grant amounts in excess of amounts determined in Section S.A. shall be directed to the City of Clearwater for charitable ta-exempt organizations to augment or fully fund their programs at the Long Center. The granting of these funds witl be determined by the Director of the City of Ciearwater Parks and Recreation Department. Payment of these grants shall be made by the Foundation directly to the City of Clearwater or the recipient charitable ta c- exempt organization(s) upon (1) receipt and approval of a written request from the Director of the City of Clearwater Parks and Reereation Departrnent which is accompanied by an explanation of the program(s) such recipient organization(s) hold at the Long Center; and (2) the Fotmdation's determination that the proposed recipient organization is qualitied to receive a charitable grant. 6. ADMINISTRATIVE AND VARIANCE PROVISIONS Notwithstanding anything herein to the contrary, the Foundation shall administer the Fund pursuant to applicable Fiorida statutes and subject to its Articles of Incorporation, Bylaws, and any future amendments adopted by the Board of Trustees of the Foundation. The Foundation shall have all powers of modification or removal of purposes of the Fund as specified in 5ection 1.170A- 9(e)(llxvxB) of the Treasury regulations, as amended. This regulation protects the Fund from obsolescence. Should, in the sole discretion of the Board of Trastees of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfllment, undesirable, impractical, obsolete, or no longer adapted to the needs of the communiry, it is the Board's responsibility to use the Fund for purposes which most neazly approximate, in the good faith opinion of the Board, the original pLirpose ofthe Fund. 7. NOT A SEPARATE TRUST All assets in the Fund shall be a component part of the Foundation as defined in Section 1.170A- 9(e)(11) of the Treasury regulations, as amended, and not a separate trust or nonprofit corporation. The exclusive legal control over the Fund shali be vested in the Foundation. INVESTMENT OF FUNDS The Foundation shall invest the assets of the Fund as it deems appropriate and may commingte said assets with other assets of the Foundation, provided that the separate identity and accaunting of the Fund shall be maintained. 9. FEES The Foundation shall be entitled to reasonable compensation for services rendered in the performance ofthis Agreement in accordance with its published administrative fee schedule as it may be amended by its Board of Trustees from time to time. Such fees shall not exceed amounts charged to Agency funds in accordance with its published fee schedule, currently 0.5% per annum. Any costs incurred by the Long Center Foundaticm Eund.DES.CFTB Page 3 utS Rev. 62 31_ver 2 i U227- I 1 343 Foundation in accepting, transferring, or managing assets donated to the Foundation for the Fund shall also be paid from the Fund. 10. OTHER It is anticipated that the Long Center Foundation Fund will be increased by these lrnown donations subsequent to the execution ofthis agreement: Harris E. "Zip" Long Foundation, Inc., dated May 23, 1994, which is to terminate December 31, 2034 F.E. Fisher CRUT ONE, dated December 21, 1994 Herbert C. and Mavis Schwartz CRUT, dated December 21, 1994 John B. and Gloria G. Sweger CRAT, dated December 17, 1993 Copies of the Fisher, Schwartz and Sweger trust agreements were received by the Foundation on April 4, 2011. IN WITNESS WHEREOF, the Donors and the Foundat n have executed this Restated Agreement as ofthe date first above written. efiarles "Trip" We r, Chairman The Long Center oundation, Inc. f.G;J.IC -- `Gfil/ Frederick E. Fisher On Behalf of the Original Donors Gene E. arshall, Chairman ofthe Board o rustees Communi Foundation of Tampa Bay, Ixt . Long Center Foundation FandDES.CFt'[3 Page 4 of8 Rev. 6.20I 1_ver 2012.02.27:1 t_34a Restated Agreement for The Long Center Foundation Fund within the Community Foundation of Tampa Bay Exhibit A Original Donors Gwendolyn M. Sherrick Trust Gwendolyn M. Sherrick (Deceased) Frederick E. Fisher, Trustee Frederick E. Fisher 1 166 Lindenwood Drive Tarpon Springs, Florida 34688 Dan and Roz Doyle, Sr. 7 Stonegate Place Belleair, Florida 33756 Dan Carlisle (Nadine Carlisle — Deceased) 426 S. Andrews Drive Beileair, Florida 33756 Shirley Long (H. E. Long — Deceased) I50 Belleview Boulevard #207 Belleair, Florida 33756 Ray and Nancy Murray 5 Braeside Place Clearwater, Florida 33759 J. Warren Hughes 55 Rogers Street Clearwater, Florida 33756 Bruce E. Moore (Phil Giovinco — Deceased) 55 Sleepy Hollow Drive New Town Square, Pennsylvania 19073 Herb and Mary Ehlers 2502 Rocky Point Drive #500 Tampa, Florida 33607 Robert Strudler (Deceased) I1110 Greenbay Houston, Texas 77024 Community Foundation of Tampa Bay 1,512,500 1,450,000 11 111 500,000 203,000 2,0 il Ilf 11 111 75,000 52,500 250,000 5.043 000 Lun Cer ter Foundation Fund.DES_CFTB Pa e S f8 Rev. 6.20I i ver 2012.02.27:1 134a 2012. Fund balance 12/31/11 Commitment for 2012 grants Balance on which to caiculate 2012growth 2012 Analysis: Hegin ing balances 12/31/11 Required 2012 growth transfer Ac[ualfor 2012: Annual refum (applied fo 6eginnl goiyearbalance) Annual grant payments - assumed fixed amount forthe year Balance 12J31/12 2013: pssumed CFTB apending pollcy Principal balance 12/31/12 Commitment forgrants at indicated rate subjea to Iimftations Balance on which tocalculate 2013growth 2013 Analysis: Beginning balance 12/31/12 Required 2013 growth trensfer Actualfor2013: A nualretum applied to beginning of year balance) Annual grant payments Baiance 12/31/13 2014: Assumed CFTB spending policy Principal balance 12/31/13 Commitment forgrants atindicated rate subject to 6miTatio s Balance on which to talculate 2014 growth 2014 Analysis: Beginni g balance 12/31/13 Required 2014 growth transfer Actual for 2014: Annual return (applied to beginning of yea balance) Annualgrant payments Batance 12J31/14 Restated Agreement for The Long Center Foundation Fund within the Community Poundation ofTampa Bay Exhibit B- Example of Application of Paragraph 4, Amounts of Grants Assumptlons Fund Balance Analysis Annual Perceetages PotentlalGrant Annual Spending Annual Accumulated Net Fund at CFTB spendtng Minimum Avallable Growth Po6cy Return Prindpa! Eamings Balance policy Grent forgrants 2.0% 2.0 % 2.0% S.OYo S,OH 3,899,658.41 3,899,656.41 125,000.00 125,000.00 3,774,656.41 125,000.00 3,899,658.41 3,774,658.41 125,000.00 3,894,656.41 75,493.17 (75,493.17) - 3.0% 116,989.75 116,989.75 1zs,000,00) (i2s,000.00 3,850,151,58 41,446.58 3,891,646.16 3,SSQS51.58 100,000.00) 3,750,151.58 3,850,151.58 41,496.58 3,891,648.16 75,003.03 75,003.03) 4.0°h 155,665.93 155,665.93 ioo,000.00) (ioo,000.00 3,925,154.61 22,159.48 3,947,314.09 3,925,154.61 100,000,00) 3,825,154.61 3,925,154.61 22,159,48 3,947,314.09 76,503.09 (76,503.09) - 12.0°6 473,677.69 473,677.69 ioo,000.00 ioo,000.00 4,001,657J0 . 319,334.08 4,320,991J8 Page 6 of8 Grent Artwunt Determfnatlon Mlnimum Spend pollcq Spend policy grant Applles tlmited to requlred w/o Ilmits Accum Eamfngs 194,582.41 100,000.00 41,496.58 500,000.00 197,365.70 100,000.00 22,159.48 100,000.00 2015 Assumed CFfB spending poticy Grincipal balance 12/31/14 Commitment for grants at indicated rate subject to Ifmitatlons Balance onwhich to calculate 2015 growth 2015 Analysiz: Begin ing balance 12/31/14 Required 2015 growth trensfer Actualfor2015: Assumed glk received Annual return applied to beginning ofyear balance An ual grant payments Balance 12/31/YS 2016 Assumed CfT6 spending policy Principa balance 12/31/15 Commitmentfor grants at indicated rate subject to limkations Balance on whichto catculate 2016 growth 2016 Analysis: Beginning balance 12/31/15 Required 2016 growth transfer Adual for 2016: Assumed gift received Annual return (applied to beginningofyear balance) Annual grant payments Balance 12/31/16 2017 Assumed CFTB spending policy Principai balance 12/31/16 Commitment tor grants at indicated rate subject to limitations Balance on which to caiculate 2017 growth 2017 Analysis: Beginning balance 12/31/16 Aequired 2017 growth transfer Adual for 2027: Annual return (applied io beginning of year baiance) Anwa grent payments Balance 12/31/17 Restated Agreement for The Long Center Foundation Fund within the Community Foundatian of Tampa Bay Exhibit B- Example ofAppiication of Paragraph 4, Amounts of Grants Assumptions Fund Balance Analysis Annual Percentages Potential Grent Annual Spending Annuai Accumulated Net Fund at CFTB epending Minimum Avallable Growth Pollcy Return Principal EarNngs Balance pollcy Gront forgrants 2.0% 2.0% Z.0% 6.0% 6.0h S.0% 4,001,657.70 259,25951) 3,742,398.19 4,001.657,70 319,334.08 4,320,991.78 74,847.96 (74.847.96) - 750,000.0 750,000.00 11.0% 475,309.10 475,309,10 259,259.51) (259,259.51) 4,826,505.66 460,535J1 5,287,04137 4,826,505.66 317,222.48y 4,509,283.18 4,826,505.66 460,535.71 5,287,041.37 90,185.66 (90,185.66) • 250,000.00 250,000.00 5.0°4 264,352.Q7 264,352.07 317,222.48) (317,222.48) 5,166,691.32 317,479.64 5,484,170.96 5,166,69132 274,208.55 4,892,482.77 5,166,641.32 317,479.64 5,484,170.96 97,849.66 (97,849.66) ' 5.0% 274,Z08.55 274,208.55 va,zosss) (na,zos.ss 5,264,540.98 219,629.98 5,484,170.% Page 7 of8 259,259.51 300,000.00 319,334.08 317,222.48 100,000.00 460,535.71 274,208.55 100,000,00 317,479.64 Grant Amount Determination Mlnimum Spend poNry Spend pollcy grent Applles IimRed to requlred w/o Ilmlta Accum Eamings 259,259.51 317,222.48 274,208,55 0 2013 Assumed CFTB spending policy Principal balance 12/31/17 Commitmentfor gronts at indicated ratesubjectto limltatlons Balance on which to catculate 2018 growth 2018 Analysis: Beginning halance 12/31/17 Required 2018 growth transfer Actual For 2018: Annual return (appiied to beginning ofyear balance) Annual grant payments Balance 12/31/18 2019 Assumed CfTB spending policy Principal balanre 12(31/18 Commltmentfor graMS atindicated rate subject to limitations Bala ce on whlch to caiculate 2019 growth 2019 Analysis: Beginning balance 12/31/18 Required 2019 growth transier Actual for 2019: Annual retum (appiied to 6eginning of year balance Annual grent payments Balance 12(31/19 2020 AssumedCPTB spending policy Principat balance 12(31/19 Commitmentforgrants at indica[ed rate subject to limftations Balance on which to calculate 2020 growth 2020 Analysis; Beginning balante 12/31/19 Required 20Z0 growth trensfer Actualfor 2020: Annuaf return appiied to beginningofyear balance) Annual grant payments Balance 12/31/20 Restated Agreementfor The Long Center foundation Fund within the Community Foundatinn of Tampa Bay Exhibit B- Exampie of Application of Paragraph 4, Amounts of Grants Aesumptlons Fund Balance Analysls Annual Percentages Potentlal Gront Annual Spending Annual Acwmulated Net Pund atCFTB spending Minimum Available Growth Gollcy Return Principal Earnings Balance pollcy Grant forgrants 2.0°l0 2.0 % 2.0% 5.0k 4.0 4.0% 5,264,540.98 219,629.98I 5,044,911.00 5,264,540.98 219,629.98 5,484,170.96 100,696.22 (100,898.22} - 2.0°.6 (309,683.42J (109,683.42) 219,629.98) 219,629.98) 5,365,439.20 (210,581.64J 5,154,857.56 5,365,439.20 100,000.00) 5,265,439.20 5,365,439.2 (230,581.64) 5,154,857.56 105,308.78 (105,308.78) - d,0% (51,548.SSj (51,548.58) ioo,000.00) (ioo,000.00) 5,470,747.98 (467,439.00) 5,003,308.98 5,470,747.98 100,000.00) 5,370,747.98 5,470,747.98 (467,439.00 5,003,308.98 SD7,414.96 (107,414.96) - 7.0% 350,231.63 350,231.63 ioo,000.00) _(ioq000.00} 5,578,162.94 (324,622.33) 5,253,540.61 Page8 of 8 Grent Amount Determination Minimum Spend policy Spend poticy grant Applles Ilmlted to reqWred w/o Iimks Accum Eamings 274,208.55 100,000.00 219,629.95 - - 219,629.98 206,19430 500,000.00 (210,581.64) 100,000.00 200,13236 100,000.06 (467,439.00 100,000.00 Exhibit "B" LEASE AGREEMENT THlS LE 4SE AGREEMENT, entered into this , day of - , 2005, between the CITY OF CLEARWATER, FLORtDA, a Florida municipal corporat on of the State of Florida, as Lessor" or "City", and CLEARWATER FOR YOUTH, IN., a Florida no#-for-profit corpora#ion, as Lessee" or "CFY" (each referred to individualiy herein as "Party" or collectively as the "Parties"). WHEREAS, it has been determined to be highly desirable to provide fina cial support to various City co-sponsored youth athletic programs and organizations ("City_Co-Sponsored Organizations" or "City Co-Sponsored Programs"), and to that end, Lessor continues to partner and enter into agreements with various organizations as a means to help young people, adults and families; and, WHEREAS, Lessee has a long standing history of providing youth sport programming operations and financial assistance within the City of Clearwater; and, VtIHEREAS, through its the Board of Directors, Lessee organized The Long Center Foundation, a Florida Non-Profit Corporation, in 1986 (the "FoundationA, formerly the "Center Foundation") for the purpose of planni g, buitding and end wing the unique 150,000 square foot $15 million recreational and educational facili#y known as The Long Cen#er for, among other things, to provide Lessee witM perma ent office fac tities and to augment their recreational sports mission; and WHEREAS, #he Board of Directors of Lessee also organized The Long Center, Inc., a Florida Non-Proft Corporation in 1990 for the purpose of owning and managing The Long Genter; and WHEREAS, the Boards of Directors of both the Foundation and The Long Cen#r, Inc., tf ca g n agf t r rith the Lessor ("Transfer /greemen'j transferred the facitity and all of its intere t in fumiture, ture;s and equipment to the Lessor on October 1, 2003, in consideration of the Les ar ta"rng respansia"iy €or ti ar c! rr a af t cili r g ar esac, with the excepfiion of a annual subsidy to be provided by fhe Foundation; and WHEREAS, as a r su t c f e T ansfer m n, s or cur ity owris fi e Lor g eni r', Center}, located at '5Q1 Be c e , , E a; l EAS, En additfon to transferring owRnership of #he Long Genter buifding, the Transfer Agreer errt tatecf that t e Pa r o ld t c t a ag ee t repiac Agr ement nrh ch outd prov de CEearv rater For Yc uth with office space and use of the facility, said Agreem t tc ae r vi ed onl}r as m tuat ag u; VVHEREAS, the Bc ard of Directors of the Lessee desires to continue to provide financial suppart tu athl pr€grar s inctudEng Gi j Cc-r g n Prvg a, nct s c'c:al[y Cie rw ter For 1(ou th Pragrams as a City Cc pansored Program, and is agreeable to entering iFrto is L as in ac nrcf nc v it r sf e t, s a d. E3iAl 'fHEREFO E, the parties agree as follows: 1. RECITAL. The foregc in r ci ats are tnre and c rr i d re incc r rat irt actcf form a part of this agreement. 2. LEASE PROPERTY. That the Lessor does lease to the Lessee the following premises: office space consisting of approximately 237 square feet within the Long Center facility. Lessee shall have exclusive use of the office space. (n addition, Lessee shall be permitted use of the Long Center common faci{ities and services as further described herein, for purposes defined herein. The Lessee hereby agrees that such use of common facilities and services is subject to use preference as determined by the Lessor in its sole discretion or as otherwise defined hereunder. Such property shall hereinafter be referred to as the "leased premises", "demised premises" or the "leased property." 3. LEASE TERM. The term of this lease shall be for 5 year(s); which term shall commence on the 1st day of February 2005, and shall continue until midnight on the 31st day of January 2010 ("Initial Term"). This Lease shall automatically renew for five (5) successive five (5) year periods unless notification of termination is provided, in writing, by the terminating Party sixty (60) days prior to the end of the then current term, as termination is provided for hereunder. However, nothing in this Lease shall be deemed a waiver by the Lessor of its right to cancel or not to renew this Lease as otherwise provided herein. The e cpr ssion "term hereof " refers to the initia! term hereunder and to any extension in accordance with the Lease terms herein. 4. RENT. The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00) as rent during the initial term of this lease, and for each renewal period, the receipt of which is hereby ac[cnow edged. In further consideration of Lessor entering into this lease with Lessee, Lessee covenants vvith Lessor that Lessee shall contribute an additionat One Hundred Thousand Dollars during the Initial Term and One Hundred ThQUSand Dollars (1,OQQj for each five year e cter siort thereof, to support various City Co-Sponsored Organizations ("Co-Sponsorship Contributionsn). For purposes of this Lease, a Lessor Co-Sponsored Qrganizatian is d fined as an organization that has a current, effective Co-Sponsorship Agreement with the Lessor or in the future meets Lessor requirements to become a new Co-Sponsored Qrganization. Le see's failure to tirn ly contribu the Co-Sponsorship Contributions during the Lease Term shall be deemed a material default, subject to provisions of Paragraph 2Q, DEFAULT; REMEQ(ES; TERMt lATK Bl LE QR. 5. CO-S 4NS4RSHIP CQNTRIBUTIONS. Types of financial support to t e c iuen as Go-Sponsorship Gontrit u ia s include, t ut ac nat timited fio: (1) Rarticipant scholarship support; (2) Matching grant support for Gity Co-Sponsored Organization or individual participants ("Participant or °Participants' in City Co-ponsored 4r anizations, competing at the stafe or nationai [evel; (3) Matching grant support to City Co- Sponsored rganiza#ons for facility i rpFarrernent. 6. LESSOR IN KIND SERVICES. The Lessor agrees to provide maintenance of all major capital components of the leased premises including air conditioners, roof, painting, plumbing, and electrical, as well as all custodial maintenance for the portion of the Center to be used by the Lessee. In addition, Lessor will provide all utilities necessary for the operation of the Lessee's office, as well as clerical support and use of support equipment (e.g., copy and fax machine) in the operation of official Cfearwater For Youth business. Said clerical and equipment support shall be provided only for services benefiting City Co- Sponsored Programs and shall be subject to City's discretion. The Lessor shall not make any monetary contributions as a part of this agreement, however, in addition to the use of the Center by the Lessee, the Lessor agrees to help direct potential contributions of third parties and sponsorship solicitations to the Lessee, to help fund City Co- Sponsored Organizations as contemplated hereunder. The Lessor also agrees to provide assistance, subject to applicable law and policies of the Lessor, in developing a capital campaign program, similar to a"Pennies for Parks" program (as operated by Pinellas County), whereby financial resources are contributed to athletic sponsorships and programs via various sources such as through public contributions on utility bills. 7. CLEARWATER FOR YOUTH PROGRAMS AND USE OF FACILITY. a) Lessee Programs_ All current Lessee programs, including, but not fimited to, the Junior Tornado Football program, will become City Co-sponsored Programs and will execute a City of Clearwater Sports and Program Co-Sponsored Agreement, enjoying all rights therein. Said program shall receive financial support under this Agreement comparable to support provided for all City Co-sponsored Programs. The Junior Tornado Footbalf program w'rll enjoy use of the facitities at the Long Center, as they traditionatfy have and its City Co-sponsored Agreemerrt shalt be annually renewed unless terminated as provided therein. b Rules for Use. Rules and regulations applicable to and governing the use of the Center by Lessee may be established by the Lessee, providing said rules and regulations are not in conflict or inconsistent with the ordinances, policies or operating rules of the Lessor, the Center, or this Agreement. c) Generat Adherence to City Ordinances. Notwithstanding any limitations implied by the provisions above, the Lessee promises to comply with all stafirtes, ordinance.s, rutes, arders, regulations, and requirements of federal, state, county and City govemments and their respective agencies applicabte to the use and occupancy of the premises. Lessee will save Lessor harmless from fines, penalties, costs, expenses, or damage resulting from Lessee's failure to observe and perform the undertakings contained in this section. d) No Unlawful Use. The Lessee promises and agrees that it will make or allow no unlawful, improper or offensive use of the premises. Further, the Lessee understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Lessee. e) Signage. The Lessee shall have an identification sign in the Center at the main entrance, according to the Clearwater City Code and procedures and with approval from the Lessor. 8. Payment of Fees and Taxes. The Lessee shall obtain all required licenses at its own expense and shall be responsible for all personal property taxes as may be assessed against the leased premises during the lease term, and shall promptly pay same when due. 9. Scheduled Reports of Lessee Activities: a) The Lessee shall furnish the City Parks and Recreation Department with an annual report of activities conducted and financial support distributed to Co-Sponsored Organizations or Participants under the provisions of this agreement within 60 days of the end of the Lessee's fiscal year. Each report is to identify the amount of support provided, number of clients served, the type of activities, projects and programs funded. 10. CREATION, USE, AND MAINTENANCE OF FINANCIAL RECORDS: a) Creation of Records: Lessee shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Lessee. Such records shall be available and accessible at all times for inspection, review, or audit by authorized Lessor representatives. Records must be made available in accordance with applicable law. 11. ASSIGNMENT OR SUBLEASE. This Lease may not be assigned by the Lessee. Any attempted assignment of the rights and obligations provided for herein shall be of no force or effect and shall upon such attempted assignment or transfer, render this Lease null and void. 12. ALTERATIONS AND IMPROVEMENTS. Any modifications or improvements to any portion of the Center to be used by the Lessee hereunder, must be approved in advance by the Parks and Recreation Director, to the extent that the Parks and Recreation Director has the authority to so approve, or by the Clearwater City Council. Any improvements shall become the property of the Lessor upon expiration or termination of this Agreement. 13. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying the premises or adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part or for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 14. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises, including the area designated for the Lessee's exclusive use hereunder during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Agreement. Lessor agrees to give reasonable notice to the Lessee before entry to their office area. 15. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. 16. INSURANCE. The Lessee shall independently procure at its own expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property, which may arise from or in connection with use of the Center premises by the Lessee including all activities occurring thereon. b) Insurance procured in accordance with section 16 (a) shall have a minimum coverage limit of 500,000. c) Lessee shall at all times and at its expense maintain insurance against loss by fire or other casualty with extended coverage on any furniture, fixtures, inventory, equipment, supplies and personal property located in and on the premises, if applicable, and said policies shall include a standard waiver of subrogation against the Lessor. d) Worker's Compensation — Coverage to apply for all employees for statutory limits in compliance with applicable State and Federal laws. In addition, the policy must include Employer's Liability with a limit of Five-Hundred Thousand Dollars ($500,000.00). e) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officials, employees, agents or volunteers. The Lessee shall provide a copy of any or all insurance policies upon request by the Lessor. The Lessee shall furnish the Lessor with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Director of Parks and Recreation before execution of this Agreement by authorized City officials. 17. LIABILITY AND INDEMNIFICATION. The Lessee shall act as an independent contractor and agrees to assume all risks of occupying the leased premises, or other use of the center as provided for hereunder, and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the Lessor or Lessor's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Lessee in or about the premises whether or not based on negligence. The above indemnification provision is not intended to apply to losses resulting from use of the facility by City Co-sponsored groups, which are separate legal entities from CFY, and which have Co-Sponsored Agreements with the City containing independent insurance and indemnification provisions. 18. NON-DISCRIMINATION: Notwithstanding any other provisions of this agreement during the term of this agreement, the Lessee for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Lessee agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider, except that programs may designate services for specific client groups as defined by the program guidelines. Lessee agrees to maintain access to handicapped persons in accordance with applicable law. b) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the Lessor shall have the right to terminate this agreement immediately upon the giving of notice, as the giving of notice is required herein. 19. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination, which might be required by mortgagee of the Lessor. 20. DEFAULT; REMEDIES; TERMINATION BY LESSOR. For Cause: Failure to adhere to any of the provisions of this Agreement by the Lessee shall constitute cause for termination. Such termination shall be noticed in writing and the Lessee shall have 30 days to remedy the default. For Municipal Purpose: In addition to the right to terminate for cause, the Lessor may terminate this Agreement in the event it determines that the Leased Premises is required for any C other municipal purposes by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible for full payment of all costs and expenses resulting from the operation of the Leased Premises which remain unsatisfied, together with any other monies due in accordance with this Agreement, pro rata to the date of termination. In the event of termination in accordance with a municipal need as described herein, the Lessor represents that it will make its best effort to make available to the Lessee, facilities comparable to that currently enjoyed by the Lessee in exchange for comparable financial support. Additonally, the Parties hereto acknowledge that that certain Agreement between the City, The Long Center Foundation and Pinellas Community Center, Inc., dated October 1, 2003 (the "Transfer Agreement"), which transferred title to the Long Center building, among other things, contemplated that the Lessor (City) would enter into a lease agreement with Clearwater For Youth. The new lease was to contain the same terms and conditions of the lease agreement between the Foundation and CFY, that existed at the inception of the Transfer Agreement (the "Original CFY Lease"), unless the City and CFY agree to revised terms. The Parties have mutually agreed to amend those terms and conditions to provide additonal benefits to CFY under this Lease, in exchange for an additional contribution of One Hundred Thousand dollars ($100,000) every five years, to City Co-sponsored athletic groups. In addition, the Transfer Agreement shall be amended concurrently to state that in the event this Lease is terminated for other than cause, and the City fails to provide comparable facilities to CFY at the Long Center, the Two-Hundred Thousand dollar ($200,000) annual subsidy provided by the Foundation under the Transfer Agreement, shall terminate. 21. ARBITRATION OF CONTROVERSY Any controversy or claim arising out of or relating to this agreement, or the breach of this agreement, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. We further agree that any such controversy or claim shall be submitted to three arbitrators selected from the panels of arbitrators of the American Arbitration Association. There shall be three arbitrators, one named by each of the Parties within twenty (20) days after the demand for arbitration is made and a third to be chosen by the finro named. Should either party refuse of fail to join in the appointment of the arbitrators, the arbitrators shall be appointed in accordance with the provisions of the commercial arbitration rules. Costs resulting from arbitration shall be divided evenly between theParties. 22. MISCELLANEOUS. a) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee, as permitted hereunder. b) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. 7 c) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forFeit any of the said rights. d) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 23. RADON GAS NOTIFICATFON, AS REQUIRED BY FLORIDA STATUTE 404.056(8) IS TO BE INSERTED IN ALL CONTRACTS FOR SALE, PURCHASE OR RENTAL OF REAL PROPERTY. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a buildinginsufficientquantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 24. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or cert ed mail (postage prepaid), when actually received or on the fifth (5th) business day after the day on which such notice is mailed and properly addressed, whichever is earlier. a) If to Lessor, addressed to Parks and Recreation Dire tor, P.O Box 4748, Clearwater, FL 33758. b) If to Lessee, addressed to Clearwater for Youth, 1501 North Belcher Road, Suite 236, Clearwater, FL 33765. 25. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 28. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 29. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: AS TO LESSOR: Countersigned: w' fi' F k V. Hibbard, Mayor Approved as to form: r Laura ipowski, Assistant City Attorney I CLEARWA R FOR YOUTH, INC. I. -' , --_ Charles " rip" W aver, President Hen ebb cutive Director CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cy ia E. Goudeau, City Clerk CKNOWLEGMENT OF THE LONG CENTER FOUNDATION ON BEHALF OF ITSELF AND THE FOLLOWING ENDOWMENTS: FISHER ENDOWMENT SUNSHINE PLAYGOUND ENDOWMENT FINANCIAL STABILITY ENDOWMENT LONG CENTER ENDOWMENT H.E. "ZIP" LONG ENDOWMENT T BY: r , o t Pnnted Name: £D£/Z/CK G, .ff/C:.% LONG CENTER FOUNDATION, INC. i By: c , , - Printed Name: i 4 ` 10 Attest: Attest: By: Printed Name: ,v G. . es'/j/ K a "'_ s , C ' AGREEMENT This Partnership and Operational Support and Funds Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and The Upper Pinellas Association for Retarded Citizens, Inc., a Florida nonprofit corporation, whose address is: 1501 North Belcher Road, Clearwater, FL 34625, referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, cultural, vocational and social skills and good habits in all young people, adults and families including those with developmental disabilities; and WHEREAS, the City desires to provide programs and activities as a means to help young people, adults and families with developmental disabilities; and WHEREAS, the Agency has established programs that provide educational, motivational, vocational, cultural and other activities for youth, adults and families in the community that have developmental disabilities; and WHEREA5, the Agency has provided these programs to the community for over 30 years and at the Long Center for 15 years; and WHEREAS, the Agency committed funds to the original construction of the Long Center; and WHEREAS, the City owns certain land, facilities and buildings located at 1501 North Belcher Road in the City of Clearwater, (the legal description ofwhich is attached hereto and incorporated herein as Exhibit "A") hereinafter referred to as the Center; and WHEREAS, the Agency desires to partner with the City in providing educational, motivational, vocational and cultural programs for those citizens with developmental disabilities; by occupying and running certain day to day operations and offering programs within a certain portion of the Center, more particularly described in Exhibit "B", attached hereto and made a part hereof. NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 5 years commencing on October 1, 2004 Effective Date" and continuing through September 30, 2009 "Termination Date". This Agreement shall automatically renew for successive iive (5) year periods unless notification is provided, in writing, by the terminating party sixty (60) days prior to the end of the then current term. However, nothing in this Agreement shall be deemed a waiver by the City of its right to cancel or not to renew this Agreement as otherwise provided herein. The expression "term hereof' refers to the initial term hereunder and to any extension thereof as provided herein. ARTICLE II. RESPONSIBILITIES OF THE AGENCY Services to be Provided: The Agency shall provide at a minimum the following services: a) Programs: Conduct educational, cultural, vocational and motivational programs at the Center for the benefit young people, adults and families with developmental disabilities throughout upper Pinellas County. Some of the core programs to be provided are as follows: i) ii) iii) iv) v) vi) vii) viii) Parent support goups and skills training Vocational training Job counseling and related economic development activities Development activities Linkages to the health care system and other community services Outreach (including home visits when appropriate) Social outings and trips for clients Educational classes to teach basic life skills b) Assistance to the Community: The Agency will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Distribution of educational and promotional materials throughout the community regarding progams and activities of the Agency. c) Supervision of Center Activities and Common Areas: Supply the necessary leadership and supervision for the conduct of Agency activities and their clients while on Center property. d) Hours of Operation: As much as possible, the Agency will provide programs and activities at the center on a daily basis and establish regular operating hours, subject to approval by the City. 2. Area to be Served: Services rendered through this agreement shall be provided not only to citizens of the corporate limits of Clearwater but also to citizens North ofUlmerton Road and South of the Pasco County line. 3. Use of The Long Center: a) No Illegal Use: The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable user fees to be retained by the Agency. c) Inspection by City: The Agency understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections, unless entry is necessary due to an emergency as determined by the City in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign on the Center or in the park according to City codes with approval from the City at the Agency's expense. fl Structure: No permanent alterations or improvements to the interior or exterior ofthe building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property, upon termination or expiration ofthis Agreement. g) Use of areas other than those described in Exhibit B: The Agency may use the gymnasium and other Long Center space at no charge if available and upon approval from the City. 4. Maintenance of the Center by the Agency: a) Custodial Maintenance: The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b} Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense, damage to the Center other than normal wear and tear or vandalism. 5. Payment for operating expenses: a) The Agency is responsible to pay for the following operating expenses related to their use of the facility. 1. All operating expenses associated with that portion ofthe Center as described in Exhibit B where they are either billed or metered exclusively for such use. 2. For the following items that are shared with the City, the Agency will be billed monthly to pay 50% of the bill, payable by the 20th of each month. Water - domestic (does not include pool water) Sewer Storm Water Gas (for hot water heater boiler) Utility Tax Fire Alarm Maintenance 3. The Agency shall pay for the dumpster used exclusively for Agency activities and will pay for the elevator maintenance for the elevator that is included in Exhibit B. 4. The Agency shall pay for their share of electrical consumption based on the formula and sample attached in Exhibit C and payable by the end of each month. 5. The Agency and City will share equally in the cost to maintain those areas that are determined to be common areas. The current common areas include the following: Parking Lot/Driveways Plaza Area (including first floor restrooms) Parking Lot and Driveway Lights b) In the event another partner is included at the Long Center they will be responsible to share in common area costs associated with its occupancy or use relative to the facilities it utilizes or any costs that can be directly associated to said occupancy or use apart from City or other partners. c) The Agency will provide replacement maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing and electrical for all areas described in Exhibit B. 6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7. Scheduled Reports of Agency Activities: The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Agency's iiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. 8. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities ofthe Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. 4 b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years and must be provided in accordance with applicable law. 9. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency agrees to submit to the City a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AICPA) Standards for Non Profit Organizations or other mutually agreed upon standard. 10. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. Agency agrees to maintain reasonable access to handicapped persons. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any ofthe above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 11. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 12. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks ofproviding the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality ofthe foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. 13. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Center premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with sections 13 (a) and (b) shall have minimum coverage limits of $1,000,000. d) Except for Worker's Compensation each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the City's Parks and Recreation liaison before execution of this Agreement by authorized City officials. Agency shall provide a copy of applicable insurance policies at the request ofthe City. 14. Worker's Compensation: The Agency shall provide worker's Compensation insurance for all their employees in an amount at least equal to the statutory limits ofcoverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. ARTICLE III. RESPONSIBILITIES OF THE CITY Grant of Funds: There shall be no monetary funding by either party to this agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance for all areas described in Exhibit "A". b) The City agrees to pay for the solid waste cost for the dumpsters not serving UPARC. c) The City will provide for maintenance of the elevator in the plaza area and will share in the maintenance of the first floor restroom with UPARC. d) The City shall provide for building property insurance under the City self- insurance plan, however, if the Agency desires coverage for their contents they will need to purchase their own policy. Agency shall provide insurance as otherwise provided for herein. e) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. City Liaison: The Recreation Programming Superintendent of the City of Clearwater will serve as the City Liaison for the Agency. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), when actually received or on the fifth (Sth) business day after the day on which such notice is mailed and properly addressed, whichever is earlier. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to UPARC, Chief Executive Officer, 1501 North Belcher Road, Clearwater, FL 33765. ARTICLE VIII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of October 2004. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _day of G -_ , 2004. Countersigned: rian J. Aung Mayor Approved as to form: Laura powski Assist t City Attorney CITY OF CLEARWATER, FLORIDA By: r,r- 4su William B. Horne, II City Manager Attest: Cynt a E. Gou eau City erk THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS, INC By: Printed Name: k ,. Chief Executive icer V Exhibit "A" Legal Description A tract of land lying within the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, Clearwater, Pinellas County, Florida and being more particularly described as follows: Commence at the Northwest corner of said Section 7; thence S 89°35'S0" E, along the North line of the Northwest 1/4 of said Section 7, for 55.00 feet to the East right-of-way line of Belcher Road; thence S 00°04'S1" E, along said East right-of-way line and along a line being 55.00 feet East of and parallel to the West line of the Northwest 1/4 of said Section 7, same also being the bearing basis of this description, for 480.50 feet to the Southwest corner of that property described in O.R. Book 6247 on page 1429 and being the Point of Beginning; thence S 89°35'50" E, along the South line of said property, and along a line 480.48 feet South of and parallel to the North line of said Northwest 1/4, for 390.04 feet to the center of a sanitary manhole; thence continue S 89°35'50" E, along said parallel line, for 272.65 feet to the centerline of a creek; thence southeasterly approximately 850 feet along said centerline, same also being the westerly bounds of that certain property described in O.R. Book 5851, on page 1012, the following nine (9) courses being used for closure purposes; (1) thence S 33°42'24" E, for 10.60 feet; (2) thence S 20°46'23" E, for 139.50 feet; (3) thence S 01 °02'42" E, for 100.92 feet; (4) thence S 26°41'04" E, for 42.96 feet; (5) thence N 83°42'51" E, for 33.70 feet; (6) thence S 65°53'11" E, for 50.08 feet; (7) thence S 54°52'27" E, for 146.40 feet; (8) thence S 47°12'36" E, for 199.78 feet; (9) thence S 79°53'47" E, for 93.99 feet; thence, leaving said creek centerline, S 89°36'10" E, for 95.00 feet to the perpendicular intersection with the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence S 00°23'50" W, along said East line, for 324.98 feet to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence N 89°44'07" W along the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 7, for 232.83 feet to a point on the northeasterly right-of-way line of a 60.00 foot Seaboard Coast Line Railroad right-of-way; thence N 72°45'16" W, along said northeasterly line, for 1085.20 feet to the East right-of-way line of Belcher Road; thence N 00°04'51" W along said East line and along a line 55.00 feet East of and parallel to the West line of the Northwest 1/4 of said Section 7, for 539.23 feet to the Point of Beginning, and containing 15.78 acres, more or less. LONG CENTER FLOOR PLAN EXHIBIT B LONG CENTER FLOOR PLAN CITY OF CLEARWAThn/ELECTRIC CHARGES TO: Larry Torbert Tom Buckley FROM: DATE: MONTHLY ELECTRIC COMPUTATION Period from/period to 1 "B" Building Meter 4 Pool Meter 5 Football Lights 3 Center Share of Perimeter Lights 136,320 25,610 1,130 3,860 1,365 1 4 5 3 3-#5) 3-#5)/2 Center's Monthly KWH 164,425 #1+#4+#5+(#3-#5/2)=LC P UPARC'S Monthly KWH 283,130 118,705 M- LC TOTAL KWH UPARC'S KWH TOTAL KWH UPARC'S USAGE % 283,130 118,705 283,130 41.93% CENTER'S KWH 164,425 TOTAL KWH 283,130 CENTER'S USAGE % 58.07% Statement Amount $19,089.40 UPARC'S SHARE $8,003.42 CENTER'S SHARE $11,085.98 TOTAL STATEMENT AMOUNT $19,089.40 Make Cheek Payable to "CPI'Y OF!CLEARWATER" Attention: P' O Box 4748 : Clearwater, FL 33758-4748 2,730 1365 FLORIDA POWER -- MET R READINGS Reading Date: 7/12/2004 M Main Meter This reading: 0 2 1 7 3 Last Month Reading: 0 2 0 5 0 1 2 3 1 x 230 2 8 3 1 3 0 KWH 1 B Meter This reading_ 0 0 4 3- 1 1 Meter) Last Month Reading: 0 0 3 7 6 3 5 6 8 x 240 1 3 6 3 2 0 KWH 2 Kitchen Meter 2 Meter) 3 BS Meter Site/Sports) 4 BP Meter Poo) 5 FL Meter Football Lights) This reading: 3 4 8 9 1 Last Month Reading: 0 3 4 8 9 1 x 240 3 2 0 KWH average This reading: 7 5 7 9 1 Last Month Reading: 0 7 5 4 0 5 3 8 6 10 This reading: 1 6 8 4 1 1 Last Month Reading: 1 6 5 8 5 0 2 5 6 1 10 This reading: 2 2 8 2n Last Month Reading: 0 2 2 7 1 3 1 1 3 10 3 8 6 0 KWH 2 5 6 1 0 KWH 1 1 3 0 KWH FIRST AMENDMENT TO AGREEMENT THIS Amendment to that certain Agreement ("Agreement") dated October 18, 2004, is hereby made and entered into on d00, 948; between the CITY OF CLEARWATER, FLORIDA, a municip corporation of the State of Florida, City") and THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS, INC., a Florida non-profit corporation, ("Agency"). WHEREAS, City and Agency agree to amend the Agreement between the two parties to decrease the area to be occupied and used by Agency; and, WHEREAS, the Agency's responsibility for certain costs related to its use and occupation shall be correspondingly decreased on a pro-rata basis. NOW THEREFORE, the Agreement is hereby amended as follows: 1. The City and Agency agree that certain areas of the building will be returned to the City for the City's use in conjunction with the Center as reflected in Amended Exhibit "B", attached hereto and incorporated herein. Amended Exhibit "B" shall supersede Exhibit "B" in all respects and shall be binding on the parties. 2. Article II, Paragraph 5(a)(2) is amended to provide that the Agency pay 40% of the following enumerated costs and shall read: For the following items that are shared with the City, the Agency will be billed monthly to pay 40% of the bifl, payable by the 20th of the month. Water - domestic (excludes pool water) Sewer Storm Water Gas (for hot water heater boiler) Utility Tax Fire Alarm Maintenance Electricity (excludes the aquatic facility, athletic field lights, playground lights and concession area meters) 3. Article II, Paragraph 5(c) is amended to provide that Agency no longer be responsible for air conditioner and roof capital maintenance and shall read as follows: The Agency will provide replacement maintenance for all major capital components of the building including painting, plumbing and electrical for all areas described in Exhibit B„ 4. Article III, Paragraph 2(f is added to provide that the City shall be responsible for air conditioner and capital maintenance and shall read as follows: The City shall provide for replacement maintenance for all major capital components of the roof and HVAC system for all areas of the Center, including the area as described in Amended Exhibit "B". 1 IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA l/ By: :, .t. 1. % - ank V. Hibbard William B. Horne, 11 Mayor City Manager Appr ved as to form: Laura Lipowski Assistant City Attorney THE UPPER PINELLAS ASSOCIATION FOR RETARDED.I,TIZF PI,S, 1NC. gy: J Printed N me: Thomas J. Buckley, Executive Director Upper Pinellas Assc Attest: C'e ynt a . Goudeau City Clerk r S ion of Retarded Citizens CITY OF CLEARWATER FIRST FLOOR j jNiuNl I I 0 I 6 1. LONG CENTER FLOOR PLAN EXHIBIT B 1 'I; i i i ! i n ,- f!, J I, C 0 C7 I C4FETERIA ADDITIONAL 8500 S.F. TO BE USED FOR SENIOR CENTER LONG CENTER FLOOR PLAN EXHIBIT B Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5858 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize an increase to Enforcement One, Inc. of Oldsmar, FL (contract number 900098) by $100,000 in Fiscal Year 18/19 for Police Vehicle Up-Fitting Services, to an amended annual total contract award of $315,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 19, 2017, Council awarded a contract to Enforcement One, Inc. to provide Police Vehicle Up-Fitting Services in the annual amount of $215,000. Enforcement One, Inc. was awarded the contract after being the lowest bidder that responded to Invitation to Bid (ITB) No. 05-17. The awarded contract included two one-year renewal terms at the City’s option. The anticipated costs for the Police Vehicle Up-Fitting Services for Fiscal Year 18/19 will exceed the annual awarded amount. The police department’s total estimated costs for police vehicle up-fitting for Fiscal Year 18/19 is $315,000, and operating funds are available within the police department’s approved budget for Fiscal Year 18/19 (0101131-541500). To complete the police department’s police vehicle up-fitting needs for Fiscal Year 18/19, the contract award to Enforcement One, Inc. needs to be increased by $100,000 to a new total of $315,000. Funds are currently available to cover the increase of $100,000 in the police department’s approved budget for Fiscal Year 18/19. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement are available in the Police Department’s operating cost code 0101131-541500, Garage Variable. Page 1 City of Clearwater Printed on 3/20/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5738 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Accept a Drainage and Utility Easement from the property owner at 26996 US Hwy19 N, to the City of Clearwater, granting an easement over, under, across and through a portion of land lying in the Southwest 1/4 of Section 30, Township 28 South, Range 16 E Pinellas County FL, as more particularly described in Exhibit A. (consent) SUMMARY: The property owner at 26996 US 19 N grants the City of Clearwater a Drainage & Utility Easement to support city maintained and operated utilities that will be relocated to the easement location as the site is developed for a new BJ’s Wholesale Gas Station. Page 1 City of Clearwater Printed on 3/20/2019 [A05-00152 /230176/1] Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Main 19, LLC, a Florida limited liability company, whose mailing address is 7978 Cooper Creek Blvd University Park, Fl 34201 (“Grantor”), does hereby grant and convey to the City of Clearwater, Florida, a Florida municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Grantee”), its licensees, agents, successors and assigns a non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit “A” appended hereto and by this reference made a part hereof (“Easement Premises”) The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced utilities, together with appurtenances thereto (collectively, “Facilities”), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. DRAINAGE & UTILITY EASEMENT [A05-00152 /230176/1] IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2019. Signed, sealed and delivered in the presence of: Main 19, LLC _________________________________ By: _________________________________ Witness signature Shaun Benderson, Manager or Stephen C. Scalione, Manager _________________________________ Print witness name _________________________________ Witness signature _________________________________ Print witness name STATE OF FLORIDA : : ss COUNTY OF MANATEE : Before me, the undersigned authority, personally appeared _____________________________, as ______________________________ Main 19, LLC, who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name [A05-00152 /230176/1] AFFIDAVIT OF NO LIENS STATE OF FLORIDA : : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared _____________________, as ____________________________ of Main 19, LLC, whom, being duly authorized does depose and say: 1. That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit “A” appended hereto and by this reference made a part hereof 2. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which will be paid during the normal course of business, except: (list, or if none, insert “NONE”. If no entry, it will be deemed that “NONE” has been entered.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ __ 3. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (list, or if none, insert “NONE.” If no entry, it will be deemed that “NONE” has been entered.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ __ 4. That no written notice has been received for any public hearing regarding assessments for improvements by any government, and there are no unpaid assessments against the above described property for improvements thereto by any government, whether or not said assessments appear of record. 5. That there are no outstanding sewer service charges or assessments payable to any government. 6. That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of the easement herein being conveyed to encumber the above-described property. [A05-00152 /230176/1] Signed, sealed and delivered In the presence of: Main 19 LLC _________________________________ By: _______________________________ Witness signature Shaun Benderson, Manager or Stephen C. Scalione, Manager _________________________________ Print Witness Name _________________________________ Witness signature _________________________________ Print Witness Name STATE OF FLORIDA : : ss COUNTY OF MANATEE : Before me, the undersigned authority, personally appeared __________________________________, as _____________________________________ of Main 19, LLC, who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name SR 580 ENTERPRISE RD W US-19 FRONTAGE RD27066 26996 AERIAL MAP Proposed New Utility Easement Document Path: V:\GIS\Engineering\Location Maps\26996 US HWY 19 N (2).mxd ² N.T.S.Scale: WD RB 221A 2/6/2019Map Gen By:Reviewed By: Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation26996 US HWY 19 N 30-28s-16eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5862 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Award a contract to Harcros Chemicals, Inc. in the annual amount of $250,000.00, for liquid Sodium Hydroxide (Caustic Soda), over a 1-year period, with 2 additional annual extensions, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Sodium Hydroxide (Caustic Soda) is used at two of the City’s water treatment plants for final pH adjustment and corrosion control in order to meet the requirements of the Florida Department of Environmental Protection and Safe Drinking Water Act. In response to Clearwater Bid #05-19, five submissions were received on January 22, 2019, with Harcros Chemicals, Inc. representing the lowest, most responsive bidder at $2.48/gal. The price of $2.48/gal is firm for one year. The contract will be effective for an initial one-year period for an annual amount of $250,000.00, with two, one-year renewal options. Years two and three allow for cost increases based on the Producer Price Index (PPI). APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in the Water & Sewer Utility Fund, Water operating cost center as follows: 4212056-551000 $50,000 FY18/19 4212057-551000 $75,000 FY18/19 4212056-551000 $50,000 FY19/20 4212057-551000 $75,000 FY19/20 The funding for the remaining balance of $125,000 occurring in FY19/20 will be included in the Water & Sewer Utility Fund, Water recommended budget from the Public Utilities Director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 CITY OF CLEARWATER ITB # 05-19, Chemicals: Sodium Hydroxide / Sodium Bisulfite DUE DATE: January 22, 2019; 10:00 AM BID TABULATION Vendor Description Unit Price (per Gallon) (A) Estimated Quantity (B)Total Price (A X B) Allied Universal Corporation (NON-RESPONSIVE)50% Sodium Hydroxide (Caustic Soda)2.1500$ 93,724 201,506.60$ 3,500 gl minimum between 2 locations Harcros Chemicals Inc 50% Sodium Hydroxide (Caustic Soda)2.48$ 93,724 232,435.52$ Hawkins, Inc 50% Sodium Hydroxide (Caustic Soda)2.55$ 93,724 238,996.20$ Odyssey Manufacturing Company 50% Sodium Hydroxide (Caustic Soda)2.50$ 93,724 234,310.00$ Thatcher Chemical of Florida 50% Sodium Hydroxide (Caustic Soda)No Bid No Bid No Bid Univar USA, Inc (NON-RESPONSIVE)50% Sodium Hydroxide (Caustic Soda)1.7950$ 93,724 168,234.58$ minimum 44,000 lbs per delivery (3,500 gl) Vendor Description Unit Price (per Pound) (A) Unit Price (per Gallon) (B) Estimated Quantity (C)Total Price (A or B x C) Allied Universal Corporation (NON-RESPONSIVE)Sodium Bisulfite N/A 1.5900$ 133,590 212,408.10$ 4,000 gl minimum between 4 locations Harcros Chemicals Inc Sodium Bisulfite $0.1750 1.9880$ 133,590 265,576.92$ Price calculated by City usng the supplied SDS Hawkins, Inc Sodium Bisulfite No Bid No Bid 133,590 No Bid Odyssey Manufacturing Company Sodium Bisulfite No Bid No Bid 133,590 No Bid Thatcher Chemical of Florida Sodium Bisulfite 0.1293$ 1.6567$ 133,590 221,318.55$ Univar USA, Inc Sodium Bisulfite No Bid No Bid 133,590 No Bid REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5863 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Award a contract to Thatcher Chemical of Florida, Inc., of Deland, FL in the annual amount of $250,000.00, for liquid Sodium Bisulfite Solution, over a 1-year period, with 2 additional annual extensions, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Sodium Bisulfite Solution is used at the City’s three Wastewater Reclamation Facilities to dechlorinate treated effluent prior to discharge to surface waters and at the City ’s Reverse Osmosis Water Plants in the treatment of drinking water in order to meet the requirements of the Florida Department of Environmental Protection. In response to Clearwater Bid #05-19, three submissions were received on January 22, 2019, with Thatcher Chemical of Florida, Inc. representing the lowest, most responsive bidder at $1.9880/gal. The price of $1.9880/gal is firm for one year. The contract will be effective for an initial one-year period for an annual amount of $250,000.00, with two, one-year renewal options. Years two and three allow for cost increases based on the Producer Price Index (PPI). APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in the Water & Sewer Utility Fund, WET operating cost codes as follows: 4211354-551000 $45,000 FY18/19 4211355-551000 $18,000 FY18/19 4211356-551000 $57,000 FY18/19 4211354-551000 $45,000 FY19/20 4211355-551000 $18,000 FY19/20 4211356-551000 $57,000 FY19/20 Funds for this contract are available in the Water & Sewer Utility Fund, Water operating cost center as follows: 4212056-551000 $5,000 FY18/19 4212056-551000 $5,000 FY19/20 The funding for the remaining balance of $125,000 occurring in FY19/20 will be included in the Water & Sewer Utility Fund, Water ($5,000) and in the Water & Sewer Utility Fund, WET ($120,000) recommended budgets from the Public Utilities Director. Page 1 City of Clearwater Printed on 3/20/2019 File Number: ID#19-5863 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/20/2019 CITY OF CLEARWATER ITB # 05-19, Chemicals: Sodium Hydroxide / Sodium Bisulfite DUE DATE: January 22, 2019; 10:00 AM BID TABULATION Vendor Description Unit Price (per Gallon) (A) Estimated Quantity (B)Total Price (A X B) Allied Universal Corporation (NON-RESPONSIVE)50% Sodium Hydroxide (Caustic Soda)2.1500$ 93,724 201,506.60$ 3,500 gl minimum between 2 locations Harcros Chemicals Inc 50% Sodium Hydroxide (Caustic Soda)2.48$ 93,724 232,435.52$ Hawkins, Inc 50% Sodium Hydroxide (Caustic Soda)2.55$ 93,724 238,996.20$ Odyssey Manufacturing Company 50% Sodium Hydroxide (Caustic Soda)2.50$ 93,724 234,310.00$ Thatcher Chemical of Florida 50% Sodium Hydroxide (Caustic Soda)No Bid No Bid No Bid Univar USA, Inc (NON-RESPONSIVE)50% Sodium Hydroxide (Caustic Soda)1.7950$ 93,724 168,234.58$ minimum 44,000 lbs per delivery (3,500 gl) Vendor Description Unit Price (per Pound) (A) Unit Price (per Gallon) (B) Estimated Quantity (C)Total Price (A or B x C) Allied Universal Corporation (NON-RESPONSIVE)Sodium Bisulfite N/A 1.5900$ 133,590 212,408.10$ 4,000 gl minimum between 4 locations Harcros Chemicals Inc Sodium Bisulfite $0.1750 1.9880$ 133,590 265,576.92$ Price calculated by City usng the supplied SDS Hawkins, Inc Sodium Bisulfite No Bid No Bid 133,590 No Bid Odyssey Manufacturing Company Sodium Bisulfite No Bid No Bid 133,590 No Bid Thatcher Chemical of Florida Sodium Bisulfite 0.1293$ 1.6567$ 133,590 221,318.55$ Univar USA, Inc Sodium Bisulfite No Bid No Bid 133,590 No Bid REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2/27/2019 Arthur J.Gallagher Risk Management Services,Inc.6967 South River Gate Drive,#200SaltLakeCityUT84047 Deila R.Zeeh 801-924-1400 801-924-1441 reception@presidio-group.com AIG Specialty Insurance Company 26883 THATCOM-01 National Union Fire Insurance Company of Pittsburg 19445ThatcherCompany,Inc.P O Box 27407SaltLakeCityUT 84127 New Hampshire Insurance Company 23841 354846594 A X 1,000,000 X 300,000 25,000 1,000,000 2,000,000 X Y EG14246248 4/1/2018 4/1/2019 2,000,000 POLLUTIONLEGAL 1,000,000 B 1,000,000 X Y CA4489610 4/1/2018 4/1/2019 A X 6,000,000 X EGU14246249 4/1/2018 4/1/2019 6,000,000 C XWC0158936034/1/2018 4/1/2019 1,000,000 1,000,000 1,000,000 A PollutionLiabilityGL/Pollution EG14246248 4/1/2018 4/1/2019 LimitDeductibleAggregate 1,000,00050,0002,000,000 Verification of insurance subject to the terms and conditions of the policyNamedInsured's:Thatcher Company,Inc.Thatcher Group,Inc.Thatcher Transportation,Inc.Thatcher Company of Arizona,Inc.Thatcher Company of California,Inc.Thatcher Company of Montana,Inc.See Attached... City of ClearwaterAttn:Purchasing Department,ITB #05-19P.O.Box 4748ClearwaterFL33758 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: THATCOM-01 1 1 Arthur J.Gallagher Risk Management Services,Inc.Thatcher Company,Inc.P O Box 27407SaltLakeCityUT 84127 25 CERTIFICATE OF LIABILITY INSURANCE Thatcher Company of Nevada,Inc.Thatcher Company of New York,Inc.Thatcher Chemical of Florida,Inc.Thatcher Pharmaceuticals,Inc.Thatcher Company of North Dakota,Inc.The City of Clearwater is Additional Insured with respect to General Liability and Auto Liability.Coverage is primary and non-contributory as long as no otherinsuranceapplies.30 day notice of cancellation applies except for non-payment of premium which is 10 days notice. POLICY NUMBER: CA 448-96-10 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/01/2018 Countersigned By: Named Insured: THATCHER COMPANY, INC. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): AS REQUIRED PER WRITTEN CONTRACT CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 ENDORSEMENT NO. 11 This endorsement, effective 12:01 AM, April 1, 2018 Forms a part of Policy No.: EG 14246248 Issued to: THATCHER COMPANY By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the followng: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the followng is added to SECTION IV -CONDITIONS: In the event that we cancel this Policy for any reason other than non-payment of premium, and 1.the cancellation effective date is prior to this Policy's expiration date; 2.you are under an existing contractual obligation to notify a certificate holder v.hen this Policy is canceled (hereinafter, the "Certificate Holder(s)") and have provided to us, either directly or through your broker of record, the email address of a contact at each such entity; and 3.we received this information after you received notice of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to us, we will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3) days after you provide such information to us. Proof of our emailing the Advice, using the information provided by you, wll serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. All other terms, conditions, and exclusions shall remain the same. UTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 109821 (9/11 l Cl5040 PAGE 1 OF 1 ENDORSEMENT NO. 13 This endorsement, effective 12:01 AM, April 1, 2018 Forms a part of Policy No.: EG 14246248 Issued to: THATCHER COMPANY By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGES A. B AND E AD DITIONAL INSURED -DESIGNATED PERSON(SI OR ORGANIZATION(SI ENDORSEMENT This endorsement modifies insurance provided under the followng: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely as respects Coverages A, B and E, SECTION II -WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) showi in the Schedule below, but only wth respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: A.In the performance of your work; or B.In connection wth your premises OW"led by or rented to you. SCHEDULE Name of Additional Insured Person(s) or Organization(s): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT All other terms, conditions, and exclusions shall remain the same. UTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 103366 (9/11 I Cl5O34 PAGE 1 OF 1 ENDORSEMENT NO. 9 This endorsement, effective 4/1/2018 12:01 AM, Forms a part of Policy No: 14246248 Issued to:Thatcher Company By:AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 103388 (10/09) CI4401 PAGE 1 OF 2 ADDITIONAL INSURED VENDORS ENDORSEMENT – PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s) (Vendor): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT Your Products: ALL PRODUCTS OF THE NAMED INSURED) Solely as respects Coverages A, E-1, E-2 and E-3, if applicable, SECTION II - WHO IS AN INSURED is amended to include as an insured any person(s) or organization(s) (referred to herein as the “vendor”) shown in the Schedule above, but only with respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your products shown in the Schedule above which are distributed or sold in the regular course of the vendor's business, subject to all of the terms and conditions of this Policy and the additional following exclusions, terms and conditions: 1. The insurance afforded the vendor does not apply to: a. Bodily injury, property damage, environmental damage, or emergency response costs for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in your product made intentionally by the vendor; d.Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product; f.Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of your product; g. Your product which, after distribution or sale by you, has been labeled or relabeled, or used as a container, part or ingredient of any other thing or substance, by or for the vendor; or ENDORSEMENT NO. 9 CONTINUED All other terms, conditions and exclusions shall remain the same. _______________________________ AUTHORIZED REPRESENTATIVE or countersignature (where required by law) Page 2 of 2 h. Bodily injury, property damage, environmental damage or emergency response costs arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in Sub-paragraphs d. or f. above; or (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product. 2.This insurance does not apply to any products you have acquired from a vendor, or any ingredient, part or container, entering into, accompanying or containing such products. 3.Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION IV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced with the following: 4. Other Insurance This insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such vendor whether primary, excess, contingent, or on any other basis. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5734 Agenda Date: 3/21/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a Contract Extension to Palmdale Oil Company Inc., of Fort Pierce, FL on Contract No. 900492 for an amount not to exceed $150,000 until expiration of the contract on July 31, 2020, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is a collaborative agreement that the City of Clearwater and the City of St. Petersburg worked on together. This co-operative consists of several municipalities within Pinellas County. The City requires a continuous supply of various oils and lubricants for city-wide vehicles. APPROPRIATION CODE AND AMOUNT: Funds are currently available in the Fleet Maintenance operating budget for the current year’s expenditures and will be budgeted in the Fiscal Year 19/20 operating budget to fund the remainder of this contract. Page 1 City of Clearwater Printed on 3/20/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-01001 Agenda Date: 3/21/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3143 Johns Parkway and pass Ordinances 9237-19, 9238-19 and 9239-19 on first reading. (ANX2019-01001) SUMMARY: This voluntary annexation petition involves 0.241 acres of property consisting of one parcel of land occupied by a single family home. The parcel is located on the south side of Johns Parkway approximately 400 feet west of South Bayshore Boulevard. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City . The property is contiguous to existing city limits in all directions. The annexation of the property will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Johns Parkway right-of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided to the property 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 this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 3/20/2019 File Number: ANX2019-01001 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 7.5 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 in all directions; 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 3/20/2019 Ordinance No. 9237-19 ORDINANCE NO. 9237-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY APPROXIMATELY 400 FEET WEST OF SOUTH BAYSHORE BOULEVARD WHOSE POST OFFICE ADDRESS IS 3143 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, Johns Parkway Subdivision, a subdivision according to the plat thereof recorded at Plat Book 29, Page 41, in the Public Records of Pinellas County, Florida. (ANX2019-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9237-19 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 PROPOSED ANNEXATION Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 034292242822410 44172 04902 * 5 6 7 8 9 12345 6 78 1011 2 3 4 5 6 7 8 9 10 11 12 13 14 123 45678 10 11 12 13 14 15 16 17 18 19 20 21 22 37 38 39 40 41 42 43 44 52 53 54 55 61 60 59 58 57 56 68 67 66 65 64 63 62 24/01 5.69 21/12 21/13 21/14 21/15 AC(C) 12 1 DOWNING ST JOHNS PKWY S BAYSHORE BLVD OYSTER BAYOU WAY ESTUARY TRL 36 39 34 30 31 27 35 40 200 172 174315431263152 31653127316031463148316231333140313031283115314531763172316131473182314431473181313231513123313631293163313731673136313931783173311931203164316329 33 32 38 37 100311831083110 31553117317931433135 3127 3 1 6 4 3109312031153 1 6 2 31753141313131583155313131533107311931063133 3131 31293112 3 1 5 8 312531133118 3 1 6 0 31513135314931163114318431703111-Not to Scale--Not a Survey-Rev. 1/8/2019 Ordinance No. 9238-19 ORDINANCE NO. 9238-19 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 JOHNS PARKWAY APPROXIMATELY 400 FEET WEST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3143 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 9, Johns Parkway Subdivision, a subdivision according to the plat thereof recorded at Plat Book 29, Page 41, in the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2019-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9237-19. Ordinance No. 9238-19 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 PROPOSED FUTURE LAND USE MAP Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 20 30 30 20242420 20 20 034292242822410 44172 04902 * 5 6 7 8 9 12345 6 78 1011 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2345678 11 12 13 14 15 16 17 18 19 20 21 22 37 38 39 40 41 42 43 44 52 53 54 55 61 60 59 58 57 56 68 67 66 65 64 63 62 24/01 5.69 21/12 21/13 21/14 21/15 AC(C) 12 1 DOWNING ST JOHNS PKWY S BAYSHORE BLVD ESTUARY TRL RU RU RLM RU RU I P P 36 39 34 30 31 27 29 33 32 38 37 35 40 200 172 100 17431183108 31543110315531263152316531793127316031463135 31483127 31623164 313331093140313031203162 3175313131283158311531313145310731193176310631723133 31613131 314731823129 314431123147318131323125 315131233136311831633160 3137316731363139317831733135311631203114318431703164311131633117314331153158 311331293119-Not to Scale--Not a Survey-Rev. 1/8/2019 Ordinance No. 9239-19 ORDINANCE NO. 9239-19 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 JOHNS PARKWAY APPROXIMATELY 400 FEET WEST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3143 JOHNS PARKWAY, 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. 9237-19. Property Zoning District Lot 9, Johns Parkway Subdivision, a subdivision according to the plat thereof recorded at Plat Book 29, Page 41, in the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2019-01001) Ordinance No. 9239-19 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 PROPOSED ZONING MAP Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 034292242822410 44172 04902 * 5 6 7 8 9 12345 6 78 1011 2 3 4 5 6 7 8 9 10 11 12 13 14 123 45678 10 11 12 13 14 15 16 17 18 19 20 21 22 37 38 39 40 41 42 43 44 52 53 54 55 61 60 59 58 57 56 68 67 66 65 64 63 62 24/01 5.69 21/12 21/13 21/14 21/15 AC(C) 12 1 DOWNING ST JOHNS PKWY S BAYSHORE BLVD ESTUARY TRL P LMDR MHP MDR I LMDR LMDR 36 39 34 30 31 27 29 33 32 38 37 35 40 200 172 100 1743154 315531263165312731603162313331403128311531763106317231613147318231443147318131513123313631293163313731673136313931783173313531193116312031643163LMDR311831083110 315231173179314331463135 31483127 31 6 4 31093130312031153 1 6 2 31753141313131583155313131453153310731193133 3131 31293112 31323 1 5 8 312531133118 31 6 0 315131493114318431703111-Not to Scale--Not a Survey-Rev. 1/8/2019 LOCATION MAP Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) S BAYSHORE BLVD DOWNING ST JOHNS PKWY K ST BAY LN S McMULLEN BOOTH RD N McMULLEN BOOTH RD FEATHERWOOD CT CHERRY LN CLEVELAND ST MACDONALD DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/8/2019 AERIAL PHOTOGRAPH Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DOWNING ST DOWNING ST JOHNS PKWY JOHNS PKWY S BAYSHORE BLVD S BAYSHORE BLVD OYSTER BAYOU WAY OYSTER BAYOU WAY ESTUARY TRL ESTUARY TRL OYSTER BAYOU WAY OYSTER BAYOU WAY -Not to Scale--Not a Survey-Rev. 1/8/2019 EXISTING SURROUNDING USES MAP Owner(s): Steven & Christine Sciandra Case: ANX2019-01001 Site: 3143 Johns Parkway Property Size(Acres): ROW (Acres): 0.241 Land Use Zoning PIN: 16-29-16-44172-000-0090 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 034292242822410 44172 04902 * 5 6 7 8 9 12345 6 78 1011 2 3 4 5 6 7 8 9 10 11 12 13 14 123 45678 10 11 12 13 14 15 16 17 18 19 20 21 22 37 38 39 40 41 42 43 44 52 53 54 55 61 60 59 58 57 56 68 67 66 65 64 63 62 24/01 5.69 21/12 21/13 21/14 21/15 AC(C) 12 1 DOWNING ST JOHNS PKWY S BAYSHORE BLVD OYSTER BAYOU WAY ESTUARY TRL 36 39 34 30 31 27 35 40 200 172 174315431263152 31653127316031463148316231333140313031283115314531763172316131473182314431473181313231513123313631293163313731673136313931783173311931203164316329 33 32 38 37 100311831083110 31553117317931433135 3127 3 1 6 4 3109312031153 1 6 2 31753141313131583155313131533107311931063133 3131 31293112 3 1 5 8 312531133118 3 1 6 0 31513135314931163114318431703111-Not to Scale--Not a Survey-Rev. 1/8/2019 Mobile Home Park Multi-Family Residential Single Family Residential Multi-Family Residential Single Family Residential ANX2019-01001 Steven & Christine Sciandra 3143 Johns Parkway View looking south at subject property, 3143 Johns Parkway. West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-01002 Agenda Date: 3/21/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for an unaddressed parcel located between 2991 Gulf to Bay Boulevard and Old Tampa Bay and pass Ordinances 9240-19, 9241-19 and 9242-19 on first reading. (ANX2019-01002) SUMMARY: This voluntary annexation petition involves 1.68 acres of property which include 0.41 acres of uplands and 1.27 acres of submerged lands, more or less. The parcel is located approximately 820 feet south of Gulf to Bay Boulevard between 2991 Gulf to Bay Boulevard and Old Tampa Bay. The applicant owns 2991 Gulf to Bay Boulevard, abutting to the north, and is requesting this annexation so that this additional parcel is also in the City ’s jurisdiction for future redevelopment of the entire site with multi-family residential. The property is located within an enclave and is contiguous to existing city limits to the north and east. It is proposed that the property be assigned a Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water and Zoning Atlas designations of US 19 and Preservation (P). 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 does not have water or sewer service as the majority of the parcel is submerged land. The applicant is requesting annexation in order to develop attached dwellings primarily on the abutting parcel to the north and would include this parcel within any development application. Therefore, connection to urban infrastructure (i.e., city sewer and water) is not being requested at this time but is anticipated in the future. The applicant is aware that the required sanitary sewer and water impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the City’s sanitary sewer and water lines. 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 this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service, as well as water and sanitary sewer when requested in the future. 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 3/20/2019 File Number: ANX2019-01002 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 proposed US 19-Regional Center (US 19-RC) and Water Future Land Use Map categories to be assigned to the property are consistent with the Countywide Plan designations. The US 19-Regional Center (US 19-RC) category primarily permits a mix of uses at a floor area ratio (FAR) of 2.5. The Water category is proposed to be applied to the submerged lands. The proposed zoning districts to be assigned to the property are US 19 and Preservation (P). The proposed use of the subject property as part of a larger multi-family residential development is consistent with the uses allowed in the District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan, the Countywide Plan Map and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the north and east; 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 3/20/2019 Ordinance No. 9240-19 ORDINANCE NO. 9240-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 820 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2991 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description. (ANX2019-01002) 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. 9240-19 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 Case: ANX2019-01002, 17-29-16-00000-410-0100 UNPLATTED UPLAND & SUBM LAND LYING S OF LOT 18 OF WM BROWN'S SUB OF BAYVIEW DESC FROM NE COR OF SE 1/4 OF SEC 17 TH S01DW 927FT (S) TO SE COR OF SD LOT 18 FOR POB TH S01DW 375FT(S) TO PNT 1298.44FT S OF E/W 1/2 SEC C/L TH N89DW 194.7 FT TH N01DE 372FT(S) TO SW COR OF SD LOT 18 TH E'LY 194.7FT TO POB CONT 1.68AC (C) Exhibit B PROPOSED ANNEXATION Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) & Water US 19 & Preservation (P) 7 4.34 ROAD R.O.W. 49824 5 3 8 9 2 83106 3 5 6 7 4 5 4 5 6 7 8 9 10 11 32/01 32/02 4.78 32/03 32/04 32/05GOVT LOT 173353 114/052 1.16 41/02 41/01 5.07 1.68 AC(C)AC(C) AC(C)AC(C) AC(C) AC(C) 1 3 2 1 3 2 1 1 BAYVI EW AVE C R 3 1 GULF-TO-BAY BLVD ROGERS ST EAST AVE WEST AVE MEADOW LARK LN BAY ST SOUTH AVE 30602975296329912951303529912961-Not to Scale--Not a Survey-Rev. 1/18/2019 Old Tampa Bay Ordinance No. 9241-19 ORDINANCE NO. 9241-19 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 UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 820 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2991 GULF TO BAY BOULEVARD AND OLD TAMPA BAY, IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 REGIONAL CENTER (US 19-RC) AND WATER; 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 See attached Exhibit A for legal description; US 19 Regional Center (US 19- RC)& Water (ANX2019-01002) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9240-19. Ordinance No. 9241-19 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 Case: ANX2019-01002, 17-29-16-00000-410-0100 UNPLATTED UPLAND & SUBM LAND LYING S OF LOT 18 OF WM BROWN'S SUB OF BAYVIEW DESC FROM NE COR OF SE 1/4 OF SEC 17 TH S01DW 927FT (S) TO SE COR OF SD LOT 18 FOR POB TH S01DW 375FT(S) TO PNT 1298.44FT S OF E/W 1/2 SEC C/L TH N89DW 194.7 FT TH N01DE 372FT(S) TO SW COR OF SD LOT 18 TH E'LY 194.7FT TO POB CONT 1.68AC (C) Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) & Water US 19 & Preservation (P) 7 4.34 ROAD R.O.W. 49824 5 3 8 9 2 83106 3 5 6 7 4 5 4 5 6 7 8 9 10 11 32/01 32/02 4.78 32/03 32/04 32/05GOVT LOT 173353 114/052 1.16 41/02 41/01 5.07 1.68 AC(C)AC(C) AC(C)AC(C) AC(C) AC(C) 1 3 2 1 3 2 1 1 I I WATER WATER I I R/OS US 19-RC I US 19-RCUS 19-RC US 19-RC BAYVI EW AVE C R 3 1 GULF-TO-BAY BLVD ROGERS ST WEST AVE MEADOW LARK LN BAY ST SOUTH AVE 30602975296329912951303529912961-Not to Scale--Not a Survey-Rev. 1/22/2019 Old Tampa Bay Ordinance No. 9242-19 ORDINANCE NO. 9242-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 820 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2991 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 (US 19) AND PRESERVATION (P) DISTRICTS; 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 B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9240-19. Property Zoning District See attached Exhibit A for legal description; US 19 (US 19) & Preservation (P) (ANX2019-01002) Ordinance No. 9242-19 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 Case: ANX2019-01002, 17-29-16-00000-410-0100 UNPLATTED UPLAND & SUBM LAND LYING S OF LOT 18 OF WM BROWN'S SUB OF BAYVIEW DESC FROM NE COR OF SE 1/4 OF SEC 17 TH S01DW 927FT (S) TO SE COR OF SD LOT 18 FOR POB TH S01DW 375FT(S) TO PNT 1298.44FT S OF E/W 1/2 SEC C/L TH N89DW 194.7 FT TH N01DE 372FT(S) TO SW COR OF SD LOT 18 TH E'LY 194.7FT TO POB CONT 1.68AC (C) Exhibit B PROPOSED ZONING MAP Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) & Water US 19 & Preservation (P) 7 4.34 ROAD R.O.W. 49824 5 3 8 9 2 83106 3 5 6 7 4 5 4 5 6 7 8 9 10 11 32/01 32/02 4.78 32/03 32/04 32/05GOVT LOT 173353 114/052 1.16 41/02 41/01 5.07 1.68 AC(C)AC(C) AC(C)AC(C) AC(C) AC(C) 1 3 2 1 3 2 1 1 BAYVI EW AVE C R 3 1 GULF-TO-BAY BLVD ROGERS ST EAST AVE WEST AVE MEADOW LARK LN BAY ST SOUTH AVE 3060297529632991295130352991I US 19 P P OS/R C2961 LMDR -Not to Scale--Not a Survey-Rev. 1/22/2019 Old Tampa Bay LOCATION MAP Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) Water US 19 & Preservation (P) BAYSI DE BRG GULF-TO-BAY BLVD BAYVI EW AVE C R 3 1 CAROLINA AVE BAY ST EAST AVE WEST AVE ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/18/2019 Old Tampa Bay AERIAL PHOTOGRAPH Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) Water US 19 & Preservation (P) BAYVI EW AVE BAYVI EW AVE C R 3 1 C R 3 1 GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST EAST AVE EAST AVE WEST AVE WEST AVE MEADOW LARK LN MEADOW LARK LN BAY ST BAY ST SOUTH AVE SOUTH AVE -Not to Scale--Not a Survey-Rev. 1/18/2019 Old Tampa BayOld Tampa Bay EXISTING SURROUNDING USES MAP Owner(s): Wilder Corporation of Delaware Case: ANX2019-01002 Site: Unaddressed (0) Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 1.68 Land Use Zoning PIN: 17-29-16-00000-410-0100 From : Residential Low Medium (RLM) Residential Mobile Home (RMH) Atlas Page: 300B To: US 19 – Regional Center (US 19-RC) Water US 19 & Preservation (P) 7 4.34 ROAD R.O.W. 49824 5 3 8 9 2 83106 3 5 6 7 4 5 4 5 6 7 8 9 10 11 32/01 32/02 4.78 32/03 32/04 32/05GOVT LOT 173353 114/052 1.16 41/02 41/01 5.07 1.68 AC(C)AC(C) AC(C)AC(C) AC(C) AC(C) 1 3 2 1 3 2 1 1 BAYVI EW AVE C R 3 1 GULF-TO-BAY BLVD ROGERS ST EAST AVE WEST AVE MEADOW LARK LN BAY ST SOUTH AVE 30602975296329912951303529912961-Not to Scale--Not a Survey-Rev. 1/18/2019 Old Tampa BayMobile Home Park Place of Worship Place of Worship Park Commercial ANX2019-01002 Wilder Corporation of Delaware Unaddressed Gulf to Bay Boulevard View looking south at subject property, Unaddressed Gulf to Bay Boulevard View looking southwest of the subject property View looking southeast of the subject property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-01003 Agenda Date: 3/21/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3046 Merrill Avenue, 3035 Terrace View Lane, 3050 Glen Oak Avenue North, 3023 Grand View Avenue, 3077 Hoyt Avenue, 3012 and 3020 Lake Vista Drive, and pass Ordinances 9243-19, 9244-19, and 9245-19 on first reading. (ANX2019-01003) SUMMARY: These voluntary annexation petitions involve 1.537 acres of property consisting of seven parcels of land occupied by single family homes. The parcels are located generally north of Drew Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are requesting annexation in order to receive sanitary sewer service from the City and have been connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project. The properties are located within an enclave and are contiguous to existing city limits along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants have paid the required sewer impact fee in full and have been connected to the city’s sewer system. The properties are 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 these properties by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 3/20/2019 File Number: ANX2019-01003 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to all properties is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to all properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/20/2019 Ordinance No. 9243-19 ORDINANCE NO. 9243-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3046 MERRILL AVENUE, 3035 TERRACE VIEW LANE, 3050 GLEN OAK AVENUE NORTH, 3012 AND 3020 LAKE VISTA DRIVE, 3023 GRAND VIEW AVENUE AND 3077 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions. (ANX2019-01003) The map attached as Exhibit B are 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. 9243-19 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 LEGAL DESCRIPTIONS ANX2019‐01003 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0120 Lot 12, Block A 3046 Merrill Avenue 2. 09-29-16-45126-002-0100 Lot 10, Block B 3035 Terrace View Lane 3. 09-29-16-45126-003-0160 Lot 16, Block C 3050 Glen Oak Avenue North 4. 09-29-16-45126-005-0080 Lot 8, Block E 3020 Lake Vista Drive 5. 09-29-16-45126-006-0040 Lot 4 and a portion of Lot 5, Block F 3012 Lake Vista Drive as further described in that certain deed recorded in the Official Records of Pinellas County, Florida at Book 19201, Page 1822. 6. 09-29-16-45126-008-0020 Lot 2, Block H 3023 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 7. 09-29-16-45144-010-0020 Lot 2, Block J 3077 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 41/01 1.2 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 1213141516 17 18 19 20 21 2829303132 33 34 35 36 37 44 45 52 54 53 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N WOLFE RD TERRACE VIEW LN GLEN OAK AVE ETHOMAS RD SAN MATEO ST SAN BERNADINO ST 601 511510 600 920 7 1 2 906 917 918 8 0 6 900 923 924 800 3006300330003012302630253018299830012950505 912 906 807 801 701 602 809 8 0 1 910 607 911 901 916 707 904 915 914907 815 8 0 0 501 808 911 932 908 405 70 8 30773059307730063112301330523041303030493107301931133070307030063013312530413124304130713041307030413047303130553046311931083052311630123047307630463117304130653047307630363025306130353042301030233040302030723001312531133081300731213046303030313019311930363080305330603044311830243034302930123018304030743000311330253058300630243065306430533063304730523047307131203046311130003064310431023040312430533076305930593007305830353109304830693021312630123040307530533035311431003058303030773024303530573064307130403108305031123065-Not to Scale--Not a Survey-Rev. 1/16/2019 PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential Ordinance No. 9244-19 ORDINANCE NO. 9244-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3046 MERRILL AVENUE, 3035 TERRACE VIEW LANE, 3050 GLEN OAK AVENUE NORTH, 3012 AND 3020 LAKE VISTA DRIVE, 3023 GRAND VIEW AVENUE AND 3077 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Properties Land Use Category See attached Exhibit A for Legal Descriptions. Residential Low (RL) (ANX2019-01003) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9243-19. Ordinance No. 9244-19 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 LEGAL DESCRIPTIONS ANX2019‐01003 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0120 Lot 12, Block A 3046 Merrill Avenue 2. 09-29-16-45126-002-0100 Lot 10, Block B 3035 Terrace View Lane 3. 09-29-16-45126-003-0160 Lot 16, Block C 3050 Glen Oak Avenue North 4. 09-29-16-45126-005-0080 Lot 8, Block E 3020 Lake Vista Drive 5. 09-29-16-45126-006-0040 Lot 4 and a portion of Lot 5, Block F 3012 Lake Vista Drive as further described in that certain deed recorded in the Official Records of Pinellas County, Florida at Book 19201, Page 1822. 6. 09-29-16-45126-008-0020 Lot 2, Block H 3023 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 7. 09-29-16-45144-010-0020 Lot 2, Block J 3077 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 41/01 1.2 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 1213141516 17 18 19 20 21 2829303132 33 34 35 36 37 4 44 45 52 54 5 53 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C) AC(C) RL RL CG RL RL RL P R/OS R/OS RH CG RU RU R/OS R/OSMOSS AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE ETHOMAS RD SAN MATEO ST 601 511510 600 7 1 2 421 801 906 809 8 0 1 917 918 8 0 6 900 815 911 932 800 3006301330063003300030123118302430263025301829982950505 920 912 906 807 701 602 910 607 911 901 916 707 904 915 914907 8 0 0 501 923 808 908 405 924 708 30773059307731123013305230413030304931073019311330703070300631253041312430413071304130703041304730313055304631193108305231163012304730763046311730413065304730763036302530613035304230103023304030203072300131253113308130073121304630303031301931193036308030533060304430343029301230183040307430003113302530583006302430653064305330633047305230473071312030463111300030643104310230403124305330763059305930073058303531093048306930013021312630123040307530533035311431003058303030773024303530573064307130403108305031123065-Not to Scale--Not a Survey-Rev. 1/16/2019 PROPOSED FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential Ordinance No. 9245-19 ORDINANCE NO. 9245-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3046 MERRILL AVENUE, 3035 TERRACE VIEW LANE, 3050 GLEN OAK AVENUE NORTH, 3012 AND 3020 LAKE VISTA DRIVE, 3023 GRAND VIEW AVENUE AND 3077 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9243-19. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2019-01003) Ordinance No. 9245-19 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 LEGAL DESCRIPTIONS ANX2019‐01003 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0120 Lot 12, Block A 3046 Merrill Avenue 2. 09-29-16-45126-002-0100 Lot 10, Block B 3035 Terrace View Lane 3. 09-29-16-45126-003-0160 Lot 16, Block C 3050 Glen Oak Avenue North 4. 09-29-16-45126-005-0080 Lot 8, Block E 3020 Lake Vista Drive 5. 09-29-16-45126-006-0040 Lot 4 and a portion of Lot 5, Block F 3012 Lake Vista Drive as further described in that certain deed recorded in the Official Records of Pinellas County, Florida at Book 19201, Page 1822. 6. 09-29-16-45126-008-0020 Lot 2, Block H 3023 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 7. 09-29-16-45144-010-0020 Lot 2, Block J 3077 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 41/01 1.2 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 1213141516 17 18 19 20 21 2829303132 33 34 35 36 37 4 44 45 52 54 5 53 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE ETHOMAS RD SAN MATEO ST LMDR C OS/R P OS/R HDR OS/R 601 511510 600 920 7 1 2 801 906 809 8 0 1 917 918 8 0 6 900 815 923 911 932 405 924 800 3006300630033000301231183024302630253018299830012950LDR 505 912 906 807 701 602 910 607 911 901 916 707 904 915 914907 8 0 0 501 808 908 708 30773059307731123013305230413030304931073019311330703070300630133125304131243041307130413070304130473031305530463119310830523116301230473076304631173041306530473076303630253061303530423010302330403020307230013125311330813007312130463030303130193119303630803053306030443034302930123018304030743000311330253058300630243065306430533063304730523047307131203046311130003064310431023040312430533076305930593007305830353109304830693021312630123040307530533035311431003058303030773024303530573064307130403108305031123065-Not to Scale--Not a Survey-Rev. 1/16/2019 PROPOSED ZONING MAP Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN HOYT AVE GRAND VIEW AVE BORDEAUX LN WOLFE RD LAKE VISTA DR SAN JOSE ST GLEN OAK AVE N THOMAS RD SAN PEDRO ST SAN MATEO ST CALAIS LN TERRACE VIEW LN SAN BERNADINO ST SAN MATEO ST ^-Not to Scale--Not a Survey-^^ ^ ^ ^ ^ Rev. 1/16/2019 LOCATION MAP Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N WOLFE RD WOLFE RD TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE ETHOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 1/16/2019 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential 41/01 1.2 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 1213141516 17 18 19 20 21 2829303132 33 34 35 36 37 4 44 45 52 54 5 53 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N WOLFE RD TERRACE VIEW LN GLEN OAK AVE ETHOMAS RD SAN MATEO ST SAN BERNADINO ST 601 511510 600 920 7 1 2 906 917 918 8 0 6 900 923 924 800 3006300330003012302630253018299830012950505 912 906 421 807 801 701 602 809 8 0 1 910 607 911 901 916 707 904 915 914907 815 8 0 0 501 808 911 932 908 405 70 8 30773059307730063112301330523041303030493107301931133070307030063013312530413124304130713041307030413047303130553046311931083052311630123047307630463117304130653047307630363025306130353042301030233040302030723001312531133081300731213046303030313019311930363080305330603044311830243034302930123018304030743000311330253058300630243065306430533063304730523047307131203046311130003064310431023040312430533076305930593007305830353109304830693021312630123040307530533035311431003058303030773024303530573064307130403108305031123065-Not to Scale--Not a Survey-Rev. 1/16/2019 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2019-01003 Site: Multiple Properties (7) Property Size(Acres): ROW (Acres): 1.537 Land Use Zoning PIN: See Attached From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential Single Family Residential Single Family Residential View looking north at the subject property, 3012 Lake Vista Dr. East of the subject property West of the subject property South of the subject property, across Lake Vista Drive ANX2019-01003 David & Melody Seabrooks 3012 Lake Vista Drive View looking westerly along Lake Vista Drive View looking easterly along Lake Vista Drive View looking north at the subject property, 3020 Lake Vista Dr. East of the subject property West of the subject property South of the subject property, across Lake Vista Drive ANX2019-01003 Michael Good 3020 Lake Vista Drive View looking westerly along Lake Vista Drive View looking easterly along Lake Vista Drive View looking south at the subject property, 3023 Grand View Av. West of the subject property East of the subject property North of the subject property, across Grand View Avenue ANX2019-01003 Joyce I. Young 3023 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking south at the subject property, 3035 Terrace View Lane West of the subject property East of the subject property North of the subject property, across Terrace View Lane ANX2019-01003 Daisy Renee Schulz 3035 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking north at the subject property, 3046 Merrill Ave. East of the subject property West of the subject property South of the subject property, across Merrill Avenue ANX2019-01003 Greg L. Benjamin 3046 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue View looking north at the subject property, 3050 Glen Oak Avenue N. East of the subject property West of the subject property South of the subject property, across Glen Oak Avenue N. ANX2019-01003 Sarah Elizabeth Williamson 3050 Glen Oak Avenue North View looking easterly along Glen Oak Avenue N. View looking westerly along Glen Oak Avenue N. View looking south at the subject property, 3077 Hoyt Avenue West of the subject property East of the subject property North of the subject property, across Hoyt Avenue ANX2019-01003 David Whitley 3077 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2018-11008 Agenda Date: 3/21/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Continued to a date uncertain: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for 2.61 acres of property located at 1885 County Road 193 and deny Ordinance 9235-19 on first reading. (LUP2018-11008) SUMMARY: The Community Development Board approved a request from the applicant to continue this case to a date uncertain at their February 19, 2019 public hearing. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 Ordinance No. 9235-19 ORDINANCE NO. 9235-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTY ROAD 193 (CR 193) APPROXIMATELY 520 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 COUNTY ROAD 193, CLEARWATER, FLORIDA 33759, FROM RESIDENTIAL LOW (RL) TO INSTITUTIONAL (I); 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, as follows: Property Land Use Category See attached Exhibit A; From: Residential Low (RL) To: Institutional (I) (LUP2019-11008) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon 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 Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9235-19 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 LUP2018‐11008 & REZ2018‐12005 1885 CR 193 Exhibit B FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2018-11008 REZ2018-12005 Site: 1885 County Road 193 (CR 193) Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B 44 505088140 12 453 6789101112 13/05 13/06 14/15 1.12 14/17 14/13 14/10 6.22 14/19 1.01 14/15214/151 14288 1 2 3 6 7 8 9 1011 12 13 14 15 16 17 41/04 2.61 41/03 41/02 2.28 41/07 4.6 AC AC(C) AC(C) 1 AC(C) AC(C) AC CR 193 SUNSET POINT RD SUNRISE DR CASTLE WOODS DR LDR I I I I RL RS RS RL RL RS RS RL2891294618802965294729442965297529341881 29811856 18862885 298229421869 18622948 293029491868 1857 18872951 1874 1891 2929185029212922 295029032915291618852910 29332904292729091 29391851 187529102928 -Not to Scale--Not a Survey-Rev. 12/17/2018 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2018-12005 Agenda Date: 3/21/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for 2.61 acres of property located at 1885 County Road 193 and deny Ordinance 9236-19 on first reading. (REZ2018-12005) SUMMARY: The Community Development Board approved a request from the applicant to continue this case to a date uncertain at their February 19, 2019 public hearing. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 Ordinance No. 9236-19 ORDINANCE NO. 9236-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTY ROAD 193 (CR 193) APPROXIMATELY 520 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 COUNTY ROAD 193, CLEARWATER, FLORIDA 33759, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9235-19 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; From: Low Medium Density Residential (LMDR) To: Institutional (I) (REZ2018-12005) Ordinance No. 9236-19 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 LUP2018‐11008 & REZ2018‐12005 1885 CR 193 Exhibit B ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2018-11008 REZ2018-12005 Site: 1885 County Road 193 (CR 193) Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B 44 505088140 12 453 6789101112 13/05 13/06 14/15 1.12 14/17 14/13 14/10 6.22 14/19 1.01 14/15214/151 14288 1 2 3 6 7 8 9 1011 12 13 14 15 16 17 41/04 2.61 41/03 41/02 2.28 41/07 4.6 AC AC(C) AC(C) 1 AC(C) AC(C) AC CR 193 SUNSET POINT RD SUNRISE DR CASTLE WOODS DR I I LMDR LDR LDR 28911880 29652947294429652975293418812910 29811856 18862885 2982294218622948 293029491868 1857 18872951 1851 1874 29291850294629212922 29502903291529161885 29332904292718692909 1 29391891 187529102928 -Not to Scale--Not a Survey-Rev. 12/10/2018 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9247-19 Agenda Date: 3/21/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9247-19 on second reading, vacating a portion of a Drainage and Utility Easement as recorded in Official Records Book 4398, Page 362 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/20/2019 Ord. No. 9247-19 ORDINANCE NO. 9247-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A DRAINAGE & UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 4398, PAGE 362 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described 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: The easement described is 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. Ord. No. 9247-19 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 SR 580 ENTERPRISE RD W US-19 FRONTAGE RD27066 26996 AERIAL MAP WD RB 221A 12/5/2018Map Gen By:Reviewed By: Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation26996 US HWY 19 N ² N.T.S.Scale: Document Path: V:\GIS\Engineering\Location Maps\26996 US HWY 19 N (1).mxd Proposed Utility Easement Vacation 30-28s-16eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9246-19 2nd rdg Agenda Date: 3/21/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9246-19 on second reading, vacating a 15 foot wide alley lying within Block A, Replat of part of Mandalay Unit No. 5, as recorded in Plat Book 21, Page 13 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/20/2019 MANDALAY AVE JUANITA WAY POINSETTIA AVE BAY ESPLANADE 40603 602 601 601 601 AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD RB N.T.S.258A 5-29s-15eMap Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: ALLEY VACATIONBETWEEN BAY ESPLANADE AND JUANITA WAY Document Path: V:\GIS\Engineering\Location Maps\BayEsplanadeANDJuanitaWayAlley.mxd 1/16/2019 [A05-00152 /229936/1]1 Ord. No. 9246-19 ORDINANCE NO. 9246-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 15 FOOT WIDE ALLEY LYING WITHIN BLOCK A, REPLAT OF PART OF MANDALAY UNIT NO. 5, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said alley; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said alley is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The alley 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, contingent upon, and subject to, the following conditions precedent: 1.City of Clearwater hereby retains a utility easement under, over, across and through the entire described property for the installation and maintenance of any and all public utilities. [A05-00152 /229936/1]2 Ord. No. 9246-19 2.The Property Owner shall grant individual easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), as may be requested by said providers and the location and terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT "A" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9266-19/9267-19 Agenda Date: 3/21/2019 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2018/19 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 9266-19 and 9267-19 on first reading. SUMMARY: The fiscal year 2018/19 Operating and Capital Improvement Budgets were adopted in September 2018 by Ordinances 9194-18 and 9195-18. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Page 1 City of Clearwater Printed on 3/20/2019 First Quarter Budget Review Fiscal Year 2018-19 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: First Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: March 5, 2019 Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on the first three months of activity (October 2018 through December 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 General Fund revenue and expenditure amendments reflect a net increase of $701,129. The General Fund expenditure increase at first quarter includes Council approved appropriations of General Fund reserves which total $557,090. Amendments include $124,005 to fund fiscal year 2018/19 increases from the IAFF contract; $383,085 to fund the City Hall Move project; and $50,000 to fund the grant to Coast Guard Auxiliary BE SAFE, Inc. Other amendments to the General Fund include an increase of $143,669 to Fire Department overtime offset by reimbursement revenue from Pinellas County for Fire/EMS support, and a net increase of $370 to the departments which received the annual safety award with offsetting revenues recognized from the Central Insurance Fund. In addition, revenue is amended to recognize $1,543,149 in surplus land sale revenues from the sale of the old East Library and Damascus Road properties. Adjusted for revenue and expenditure amendments noted here, approximately $986,059 is being returned to General Fund reserves at first quarter. 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 2018 books, and the adjustment to reserves noted above, estimated General Fund reserves at first quarter are approximately $27.8 million, or 18.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $15.2 million. First Quarter Budget Review Fiscal Year 2018-19 City Manager's Transmittal Significant amendments to other City Operating Funds are noted as follows. Marine Fund Expenditure amendments in the Marine Fund reflect an increase of $620,000 to fuel for resale to better project anticipated expenditures for the year. This increase is offset by budgeted operating revenues and a budget increase to fuel sales. Parking Fund Expenditure amendments in the Parking Fund reflect an increase of $96,394 to fund enhanced Jolley Trolley spring break service as previously approved by Council. Operating revenues in the Parking Fund more than offset this budget increase. Garage Fund First quarter amendments to Garage Fund expenditures reflect an increase of $390,222. This is primarily due to the allocation of $390,000 from fund reserves transferred to the Fleet Management and Mapping project as previously approved by Council. Capital Improvement Fund First quarter amendments to the Capital Improvement Fund reflect a net increase of $5,811,509. This increase is primarily the result of the following amendments: an increase of $5,500,000 in grant revenue from the Tourist Development Council for the reimbursement agreement with Ruth Eckerd Hall; an increase of $390,000 in Garage Fund revenues in the Fleet Management and Mapping project; and an increase of $383,085 in General Fund revenues in the City Hall Move project. All major project budget increases listed above have been previously approved by Council and are summarized on page 21. Project activity not previously approved by the Council is also summarized on page 21. This includes a decrease of $100,000 in state grant revenue in the McMullen Tennis Complex project, a decrease of $500,000 FDEP grant revenues in the Sanitary Sewer Extension project, an increase of $36,585 in Pinellas County reimbursement revenue in the Sanitary Sewer Repair and Replacement project, and an increase of $16,878 in grant revenues from the Department of Health in the Reverse Osmosis Plant Expansion 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 $1,325,828 at first quarter. Significant amendments include the recognition of $50,869 in governmental revenues supporting Police programs for Federal Forfeiture Treasury and Federal Forfeiture Sharing; $133,651 in FEMA reimbursements for Hurricane Irma and Tropical Storm Debby; $45,704 in donation revenues to support Police programs, and Library programs; $12,700 in receipts from foreclosure registry fees collected; an increase of $29,467 representing interest earnings from 2018; $465,851 in revenues for special events; $240,658 in fines and court proceeds to support public safety programs and the tree replacement program; and $343,718 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID YEAR SUMMARY 2018/19 2018/19 FY 18/19 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 148,139,000 62,121,536 86,017,464 42%701,129 148,840,129 Expenditures 148,139,000 48,869,029 99,269,971 33%701,129 148,840,129 Utility Funds: Water & Sewer Fund Revenues 103,723,090 21,767,227 81,955,863 21%1,176 103,724,266 Expenditures 103,723,090 57,249,168 46,473,922 55%1,176 103,724,266 Stormwater Fund Revenues 18,854,780 5,719,297 13,135,483 30%- 18,854,780 Expenditures 18,854,780 10,286,090 8,568,690 55%- 18,854,780 Gas Fund Revenues 47,617,850 10,845,292 36,772,558 23%- 47,617,850 Expenditures 44,708,470 13,994,768 30,713,702 31%- 44,708,470 Solid Waste and Recycling Fund Revenues 26,743,600 6,993,863 19,749,737 26%- 26,743,600 Expenditures 26,273,760 5,986,934 20,286,826 23%- 26,273,760 Enterprise Funds: Marine Fund Revenues 4,675,460 1,094,258 3,581,202 23%360,000 5,035,460 Expenditures 4,395,110 1,327,985 3,067,125 30%620,000 5,015,110 Airpark Fund Revenues 325,600 83,159 242,441 26%- 325,600 Expenditures 304,940 129,554 175,386 42%- 304,940 Clearwater Harbor Marina Fund Revenues 815,200 233,335 581,865 29%- 815,200 Expenditures 815,110 361,769 453,341 44%- 815,110 Parking Fund Revenues 6,935,540 1,372,077 5,563,463 20%- 6,935,540 Expenditures 5,395,890 1,554,654 3,841,236 29%96,394 5,492,284 Internal Service Funds: General Services Fund Revenues 5,561,310 1,038,170 4,523,140 19%206 5,561,516 Expenditures 5,561,310 1,383,690 4,177,620 25%206 5,561,516 Administrative Services Revenues 12,387,530 2,157,881 10,229,649 17%204 12,387,734 Expenditures 12,223,350 3,474,266 8,749,084 28%204 12,223,554 Garage Fund Revenues 20,176,620 4,019,092 16,157,528 20%390,222 20,566,842 Expenditures 20,176,620 7,252,800 12,923,820 36%390,222 20,566,842 Central Insurance Fund Revenues 27,172,480 5,721,328 21,451,152 21%- 27,172,480 Expenditures 27,151,320 6,668,724 20,482,596 25%- 27,151,320 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2018-19 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 35 Special Development Fund ........................................................................................................... 41 Administrative Change Orders ...................................................................................................... 45 Ordinances ..................................................................................................................................... 47 First Quarter 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, 2018 through December 31, 2018. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2018. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 20, 2018. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on First Quarter review. 2 Amended Budget Adding the Original Budget and Adjustments. Capital Improvement Projects The amended 2018/19 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, 2018, which includes project 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 First Quarter 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 Ad Valorem Taxes - At first quarter,approximately 68%of budgeted property tax revenues have been collected.This is as projected,most property tax payments are made with in the first six months of the fiscal year, no amendment is proposed at this time. - At first quarter,approximately 45%of budgeted local option, fuel and other taxes revenues have been collected.This is as anticipated due to most business tax receipts received with in the first few months of the fiscal year.No amendment is proposed. Other Permits and Fees - At first quarter,37%of budgeted other permits and fee revenues have been collected.This is due to better than projected building/sign permit revenues.No amendment is proposed at this time. Intergovernmental 143,669 First quarter intergovernmental revenues reflect collection of 20%of budgeted revenues,due to timing of receipts. Amendments include an increase of $143,669 to county Fire/EMS reimbursement revenue which is offset by expenditure increases in the Fire Department. Miscellaneous 1,543,149 At first quarter,miscellaneous revenues reflect collections of 77%of budgeted revenues.Amendments include an increase of $1,543,149 in surplus land sale revenues representing the sale of the old East Library and Damascus Road properties. 370 At first quarter,transfer in revenues reflect an increase of $370 to recognize safety award funding from the Central Insurance Fund. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues First Quarter Amendments FY 2018/19 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2018/19 First quarter amendments reflect a net surplus of $986,059 to General Fund reserves amendments,include the following allocations: 124,005 1)An appropriation of $124,005 from fund reserves to provide increased funding for the IAFF contract approved by the Council on December 6, 2018. 383,085 2)An appropriation of $383,085 from fund reserves to fund capital project C1909,City Hall Move as approved by the Council on November 15, 2018 and January 17, 2019. 50,000 3)An appropriation of $50,000 from fund reserves for a reimbursement grant to the Coast Guard Auxiliary BE SAFE Inc., as approved by the Council on December 6, 2018. (1,543,149) 4)At first quarter,the use of General Fund reserves is reduced by a revenue surplus of $1,543,149 representing revenues received from surplus land sales as noted above. (986,059) 701,129 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 30 At first quarter,the City Manager budget reflects an increase of $30 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. 12 At first quarter,the City Audit budget reflects an increase of $12 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. 27 At first quarter,the CRA Administration budget reflects an increase of $27 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. 177 At first quarter,the Finance budget reflects an increase of $177 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. 807,574 Budget amendments in the Fire Department reflect an increase of $807,574.Amendments include:1)An increase of $663,905 to fund the cost of the IAFF contract which was approved by Council on December 6,2018.This increase is offset by an allocation of $124,005 from fund reserves and a transfer of $539,900 from non-departmental.And 2)an increase of $143,669 to overtime which is offset by amendments recognizing increased fire revenues. 76 At first quarter,the Human Resources budget reflects an increase of $76 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. CRA Administration City Audit Finance Human Resources Fire City of Clearwater General Fund Expenditures First Quarter Amendments FY 2018/19 City Manager 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2018/19 48 At first quarter,the ORLS budget reflects an increase of $48 to employee recognition for receipt of the annual safety award.Offsetting revenues are reflected from the Central Insurance Fund. Non-Departmental (489,900) First quarter amendments to Non-Departmental include an increase of $50,000 to fund the reimbursement grant to the U.S.Coast Guard Auxiliary BE SAFE Inc.,and a transfer of $539,900 to the Fire Department to fund the IAFF agreement.Both of these amendments were approved by Council on December 6, 2018. Amendments reflect City Council approved interfund transfers to capital improvement projects as follows: 383,085 1)An allocation of $383,085 from fund reserves to capital project C1909,City Hall Move as approved by Council on November 15, 2018 and January 17, 2019 383,085 701,129 Net General Fund Expenditure Amendment Official Records and Legislative Services 6 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 60,858,200 41,512,206 19,345,994 68%- 60,858,200 Utility Taxes 15,188,200 3,074,997 12,113,203 20%- 15,188,200 Local Option, Fuel and Other Taxes 6,649,400 3,005,417 3,643,983 45%- 6,649,400 Franchise Fees 9,748,000 1,853,114 7,894,886 19%- 9,748,000 Other Permits & Fees 2,313,500 864,334 1,449,166 37%- 2,313,500 Intergovernmental 23,141,960 4,617,332 18,524,628 20%143,669 23,285,629 Charges for Services 15,290,960 2,739,023 12,551,937 18%- 15,290,960 Judgments, Fines and Forfeitures 1,184,000 353,998 830,002 30%- 1,184,000 Miscellaneous Revenues 2,375,800 2,037,837 337,963 86%1,543,149 3,918,949 Transfers In 11,100,610 2,063,278 9,037,332 19%370 11,100,980 Total Revenues 147,850,630 62,121,536 85,729,094 42%1,687,188 149,537,818 Transfer (to) from Surplus 288,370 - 288,370 0%(986,059) (697,689) Adjusted Revenues 148,139,000 62,121,536 86,017,464 42%701,129 148,840,129 General Fund Expenditures City Council 383,990 128,180 255,810 33%- 383,990 City Manager's Office 1,087,350 257,888 829,462 24%30 1,087,380 City Attorney's Office 1,746,160 397,855 1,348,305 23%- 1,746,160 City Auditor's Office 230,950 79,646 151,304 34%12 230,962 CRA Administration 410,030 114,920 295,110 28%27 410,057 Economic Development and Housing 1,921,310 654,539 1,266,771 34%- 1,921,310 Engineering 7,991,460 1,944,712 6,046,748 24%- 7,991,460 Finance 2,584,870 576,494 2,008,376 22%177 2,585,047 Fire 27,641,780 7,811,290 19,830,490 28%807,574 28,449,354 Human Resources 1,521,310 404,643 1,116,667 27%76 1,521,386 Library 7,439,790 1,984,944 5,454,846 27%- 7,439,790 Non-Departmental 14,239,940 11,365,592 2,874,348 80%(106,815) 14,133,125 Official Records and Legislative Svcs 1,123,770 255,663 868,107 23%48 1,123,818 Parks & Recreation 29,846,370 9,153,107 20,693,263 31%- 29,846,370 Planning & Development 6,151,040 1,445,133 4,705,907 23%- 6,151,040 Police 42,351,890 11,972,151 30,379,739 28%- 42,351,890 Public Communications 1,170,840 258,749 912,091 22%- 1,170,840 Public Utilities 296,150 63,521 232,629 21%- 296,150 Total Expenditures 148,139,000 48,869,029 99,269,971 33%701,129 148,840,129 For the three month period of October 1, 2018 - December 31, 2018 GENERAL FUND FIRST QUARTER REVIEW 7 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 87,465,240 21,064,826 66,400,414 24%- 87,465,240 Judgments, Fines and Forfeits 271,000 88,908 182,092 33%- 271,000 Miscellaneous 837,460 613,493 223,967 73%- 837,460 Transfers In - - - ~1,176 1,176 Fund Equity 15,149,390 - 15,149,390 0%- 15,149,390 Total Revenues 103,723,090 21,767,227 81,955,863 21%1,176 103,724,266 Water & Sewer Expenditures: Public Utilities Administration 1,635,240 338,597 1,296,643 21%1,176 1,636,416 Wastewater Collection 16,074,400 11,881,332 4,193,068 74%- 16,074,400 Public Utilities Maintenance 5,739,030 1,314,592 4,424,438 23%- 5,739,030 WPC / Plant Operations 33,961,510 25,138,412 8,823,098 74%- 33,961,510 WPC / Laboratory Operations 2,704,510 1,442,555 1,261,955 53%- 2,704,510 WPC / Industrial Pretreatment 920,550 172,925 747,625 19%- 920,550 Water Distribution 10,954,390 8,579,494 2,374,896 78%- 10,954,390 Water Supply 18,682,630 7,118,901 11,563,729 38%- 18,682,630 Reclaimed Water 2,894,330 1,262,360 1,631,970 44%- 2,894,330 Non-Departmental 10,156,500 - 10,156,500 0%- 10,156,500 Total Expenditures 103,723,090 57,249,168 46,473,922 55%1,176 103,724,266 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:1,176 Water and Sewer Fund Expenditures:1,176 For the three month period of October 1, 2018 - December 31, 2018 UTILITY FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2018/19. First quarter revenue amendments reflect an increase of $1,176 to transfer in revenues recognizing safety award funding from the Central Insurance Fund. First quarter expenditure amendments reflect an increase of $1,176 to employee recognition for receipt of the 4th quarter FY2018 safety award.Expenditures reflect 55%of total budget due to transfers to the Capital fund which happen in the first period of the year. 8 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 18,336,780 4,606,334 13,730,446 25%- 18,336,780 Judgments, Fines and Forfeits 70,000 20,546 49,454 29%- 70,000 Miscellaneous 448,000 1,092,417 (644,417) 244%- 448,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 18,854,780 5,719,297 13,135,483 30%- 18,854,780 Stormwater Expenditures: Stormwater Management 12,280,060 8,170,076 4,109,984 67%- 12,280,060 Stormwater Maintenance 6,574,720 2,116,014 4,458,706 32%- 6,574,720 Total Expenditures 18,854,780 10,286,090 8,568,690 55%- 18,854,780 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At first quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter.Expenditures reflect 55%of total budget due to transfers to the Capital fund which happen in the first period of the year. 9 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,036,860 10,588,636 36,448,224 23%- 47,036,860 Judgments, Fines and Forfeits 132,000 37,713 94,287 29%- 132,000 Miscellaneous 448,990 218,944 230,046 49%- 448,990 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 47,617,850 10,845,292 36,772,558 23%- 47,617,850 Gas Expenditures: Administration & Supply 22,677,160 3,893,886 18,783,274 17%1,245,410 23,922,570 South Area Gas Operations 8,099,530 1,381,885 6,717,645 17%- 8,099,530 North Area Gas Operations 7,451,980 6,045,655 1,406,325 81%(1,245,410) 6,206,570 Marketing & Sales 6,479,800 2,673,342 3,806,458 41%- 6,479,800 Total Expenditures 44,708,470 13,994,768 30,713,702 31%- 44,708,470 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $2,909,380 for fiscal year 2018/19. No amendments are proposed to Gas Fund revenues at first quarter. Amendments to Gas Fund expenditures reflect a net zero amendment to correct an Administration &Supply cost center included in error in the North Area Division. 10 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 340 660 34%- 1,000 Charges for Service 23,659,000 5,899,573 17,759,427 25%- 23,659,000 Judgments, Fines and Forfeits 85,000 25,245 59,755 30%- 85,000 Miscellaneous 512,000 445,166 66,834 87%- 512,000 Transfers In - - - ~- - Solid Waste Revenues 24,257,000 6,370,324 17,886,676 26%- 24,257,000 Recycling Revenues: Other Permits and Fees 400 115 285 29%- 400 Intergovernmental - - - ~- - Charges for Service 2,295,000 587,200 1,707,800 26%- 2,295,000 Judgments, Fines and Forfeits 8,000 2,455 5,545 31%- 8,000 Miscellaneous 183,200 33,769 149,431 18%- 183,200 Transfers In - - - ~- - Recycling Revenues 2,486,600 623,539 1,863,061 25%- 2,486,600 Fund Equity - - - ~- - Total Revenues 26,743,600 6,993,863 19,749,737 26%- 26,743,600 Solid Waste Expenditures: Collection 18,633,870 4,178,039 14,455,831 22%- 18,633,870 Transfer 1,756,070 494,860 1,261,210 28%- 1,756,070 Container Maintenance 889,510 218,114 671,396 25%- 889,510 Administration 1,087,370 248,054 839,316 23%- 1,087,370 Solid Waste Expenditures 22,366,820 5,139,066 17,227,754 23%- 22,366,820 Recycling Expenditures: Residential 1,609,530 347,699 1,261,831 22%- 1,609,530 Multi-Family 440,920 97,850 343,070 22%- 440,920 Commercial 1,856,490 402,319 1,454,171 22%- 1,856,490 Recycling Expenditures 3,906,940 847,868 3,059,072 22%- 3,906,940 Total Expenditures 26,273,760 5,986,934 20,286,826 23%- 26,273,760 At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $469,840 for fiscal year 2018/19. 11 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at first quarter. 12 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 - 4,500 0%- 4,500 Charges for Service 4,571,960 1,062,894 3,509,066 23%360,000 4,931,960 Judgments, Fines and Forfeits 3,000 540 2,460 18%- 3,000 Miscellaneous Revenue 96,000 30,823 65,177 32%- 96,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 4,675,460 1,094,258 3,581,202 23%360,000 5,035,460 Marine Expenditures: Marina Operations 4,395,110 1,323,855 3,071,255 30%582,430 4,977,540 Seminole Street Boat Ramp - 4,130 (4,130) ~37,570 37,570 Total Expenditures 4,395,110 1,327,985 3,067,125 30%620,000 5,015,110 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:360,000 Marine Fund Expenditures:620,000 For the three month period of October 1, 2018 - December 31, 2018 ENTERPRISE FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $20,350 for fiscal year 2018/19. First quarter revenues in the Marine Fund reflect an increase of $360,000 to fuel sales to better project receipts anticipated for the year. First quarter expenditures in Marine Fund reflect the following amendments:1)a net zero amendment transferring $37,570 from Marine Operations to create a new cost center to separately account for expenditures at the Seminole Street Boat Ramp;and 2)a net increase of $620,000 to fuel for resale to better project anticipated expenditures for the year. 13 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 795,000 222,464 572,536 28%- 795,000 Judgments, Fines and Forfeits 800 120 680 15%- 800 Miscellaneous Revenue 19,400 10,751 8,649 55%- 19,400 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 815,200 233,335 581,865 29%- 815,200 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 815,110 361,769 453,341 44%- 815,110 Total Expenditures 815,110 361,769 453,341 44%- 815,110 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $90 for fiscal year 2018/19. No amendments are proposed to Clearwater Harbor Marina Fund revenues at first quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at first quarter.Expenditures reflect 44%of total budget due to transfers to the Capital fund which happen in the first period of the year. 14 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 3,636 16,364 18%- 20,000 Miscellaneous Revenue 305,600 79,523 226,077 26%- 305,600 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 325,600 83,159 242,441 26%- 325,600 Airpark Expenditures: Airpark Operations 304,940 129,554 175,386 42%- 304,940 Total Expenditures 304,940 129,554 175,386 42%- 304,940 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $20,660 for fiscal year 2018/19. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter.Expenditures reflect 42%of total budget due to transfers to the Capital fund which happen in the first period of the year. 15 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the three month period of October 1, 2018 - December 31, 2018 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 6,083,090 1,134,802 4,948,288 19%- 6,083,090 Judgments, Fines and Forfeits 650,450 149,198 501,252 23%- 650,450 Miscellaneous Revenue 202,000 88,078 113,922 44%- 202,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,935,540 1,372,077 5,563,463 20%- 6,935,540 PARKING FUND EXPENDITURES Engineering/Parking System 3,809,330 1,159,376 2,649,954 30%96,394 3,905,724 Engineering/Parking Enforcement 650,450 135,105 515,345 21%- 650,450 Parks & Rec/Beach Guards 936,110 260,173 675,937 28%- 936,110 Total Expenditures 5,395,890 1,554,654 3,841,236 29%96,394 5,492,284 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:96,394 At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,443,256 for fiscal year 2018/19. No amendments are proposed to Parking Fund revenues at first quarter. First quarter expenditure amendments reflect a net increase of $96,394 to payment to agencies to fund the enhanced Jolley Trolley spring break service as approved by the Council on January 17, 2019. 16 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 5,522,310 964,687 4,557,623 17%- 5,522,310 Miscellaneous Revenues 39,000 73,482 (34,482) 188%- 39,000 Transfers In - - - ~206 206 Fund Equity - - - ~- - Total Revenues 5,561,310 1,038,170 4,523,140 19%206 5,561,516 General Services Expenditures: Administration 403,460 107,778 295,682 27%38 403,498 Building & Maintenance 5,157,850 1,275,912 3,881,938 25%168 5,158,018 Total Expenditures 5,561,310 1,383,690 4,177,620 25%206 5,561,516 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:206 General Services Fund Expenditures:206 At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2018/19. At first quarter,General Services Fund revenues reflect an increase of $206.00 to transfer-in revenues recognizing safety award funding from the Central Insurance Fund. At first quarter,General Services Fund expenditures reflect an increase of $206.00 to employee recognition for receipt of the 1st quarter FY19 safety award. INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the three month period of October 1, 2018 - December 31, 2018 17 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the three month period of October 1, 2018 - December 31, 2018 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,238,530 2,104,919 10,133,611 17%- 12,238,530 Miscellaneous Revenues 149,000 52,962 96,038 36%- 149,000 Transfers In - - - ~204 204 Fund Equity - - - ~- - Total Revenues 12,387,530 2,157,881 10,229,649 17%204 12,387,734 Administrative Services Expenditures: Info Tech / Admin 396,450 99,530 296,920 25%204 396,654 Info Tech / Network Svcs 3,983,890 1,182,576 2,801,314 30%- 3,983,890 Info Tech / Software Applications 2,996,710 1,077,666 1,919,044 36%- 2,996,710 Info Tech / Telecommunications 840,730 150,441 690,289 18%- 840,730 Public Comm / Courier 191,310 22,255 169,055 12%- 191,310 Clearwater Customer Service 3,814,260 941,798 2,872,462 25%- 3,814,260 Total Expenditures 12,223,350 3,474,266 8,749,084 28%204 12,223,554 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:204 Administrative Services Fund Expenditures:204 At first quarter,Administrative Services Fund expenditures reflect an increase of $204.00 to employee recognition for receipt of the annual safety award. At first quarter,Administrative Services Fund revenues reflect an increase of $204.00 to transfer-in revenues recognizing safety award funding from the Central Insurance Fund. At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $164,180 for fiscal year 2018/19. 18 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the three month period of October 1, 2018 - December 31, 2018 GARAGE FUND Garage Fund Revenues Charges for Service 18,397,890 3,959,093 14,438,797 22%- 18,397,890 Miscellaneous Revenues 733,000 59,999 673,001 8%- 733,000 Transfers In - - - ~222 222 Fund Equity 1,045,730 - 1,045,730 0%390,000 1,435,730 Total Revenues 20,176,620 4,019,092 16,157,528 20%390,222 20,566,842 Garage Fund Expenditures: Fleet Maintenance 17,350,000 5,448,523 11,901,477 31%390,210 17,740,210 Radio Communications 2,826,620 1,804,277 1,022,343 64%12 2,826,632 Total Expenditures 20,176,620 7,252,800 12,923,820 36%390,222 20,566,842 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:390,222 Garage Fund Expenditures:390,222 At first quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2018/19. At first quarter,Garage Fund revenues reflect an increase of $222.00 to transfer-in revenues recognizing safety award funding from the Central Insurance Fund;and an allocation of $390,000 of Garage Fund Reserves to fund the Fleet Management project as approved by Council on January 17, 2019. Garage fund expenditures reflect an increase of $222.00 to employee recognition for receipt of the 1st quarter FY19 safety award;and a transfer of $390,000 to capital project 366-94246,Fleet Management and Mapping,as approved by the Council on January 17,2019. Expenditures reflect 36%of total budget due to transfers to the Capital fund which happen in the first period of the year. 19 2018/19 Variance %2018/19 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the three month period of October 1, 2018 - December 31, 2018 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 26,645,480 5,474,843 21,170,637 21%- 26,645,480 Miscellaneous Revenues 527,000 246,485 280,515 47%- 527,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 27,172,480 5,721,328 21,451,152 21%- 27,172,480 Central Insurance Expenditures: Finance / Risk Management 499,900 60,555 439,345 12%- 499,900 HR / Employee Benefits 399,550 85,135 314,415 21%- 399,550 HR / Employee Health Clinic 1,752,040 288,319 1,463,721 16%- 1,752,040 Non-Departmental 24,499,830 6,234,715 18,265,115 25%- 24,499,830 Total Expenditures 27,151,320 6,668,724 20,482,596 25%- 27,151,320 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $21,160 for fiscal year 2018/19. No amendments are proposed to Central Insurance Fund revenues at first quarter. No amendments are proposed to Central Insurance Fund expenditures at first quarter. 20 CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2018/19 21 The amended 2018/19 Capital Improvement Program budget report is submitted for the City Council's First quarter review. The net proposed amendment is a budget increase in the amount of $5,811,509. 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: ➢ McMullen Tennis Complex - To record a budget decrease of $100,000.00 in Other State Grant revenue. ➢ Sanitary Sewer Extension - To record a budget decrease of $500,000.00 in FDEP Grant revenue. ➢ Sanitary Sewer Repair and Replacement - To record a budget increase of $36,585.00 in Pinellas County interlocal reimbursement revenue. ➢ Reverse Osmosis Plant Expansion #1 - To record a budget increase of $16,878.40 in Department of Health Grant revenue. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Ruth Eckerd Hall 5,500,000 08/16/17 Fleet Management & Mapping 390,000 01/17/19 City Hall Move 383,085 01/17/19 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Rescue Vehicle 1 316-91236 11,000 * To record a budget increase of $11,000.00 of Lease Purchase revenue.This was approved by the City Council on October 4, 2018.11,000 Clearwater Beach Fire Station - CLOSE PROJECT 2 315-91269 (6,372,693) To record a budget transfer of $6,372,692.83 of Infrastructure Sales Tax (Penny)revenue to project FD00190001,Fire Station 46 -Beach for conversion to new project accounting software.This project will be closed. (6,372,693) Fire Station 46 - Beach - NEW PROJECT 3 FD00190001 6,372,693 To record a budget transfer of $6,372,692.83 of Infrastructure Sales Tax (Penny)revenue from project 315- 91269, Clearwater Beach Fire Station. 6,372,693 Beach Guard Facility Maintenance - CLOSE PROJECT 4 335-93403 (108,239) To record a budget transfer of $108,238.77 of Parking Fund revenue to project ENGF190002,Beach Guard Towers for conversion to new project accounting software. This project will be closed.(108,239) Beach Guard Towers - NEW PROJECT 5 ENGF190002 108,239 To record a budget transfer of $108,238.77 of Parking Fund revenue from project 335-93403,Beach Guard Facility Maintenance.108,239 Dock Replacement and Repair - CLOSE PROJECT 6 332-93419 (55,120) To record a budget transfer of $55,120.46 of Marina Fund revenue to project M1902,Marine Facility Maint Dock R&R.This project is being closed into a new project for all marina maintenance. (55,120) Marine Facility Dredging & Maintenance - CLOSE PROJECT 7 332-93421 (84,850) To record a budget transfer of $84,849.76 of Marina Fund revenue to project M1902,Marine Facility Maint Dock R&R.This project is being closed into a new project for all marina maintenance. (84,850) CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 Marine Facility Maint Dock R&R - NEW PROJECT 8 332-M1902 139,970 To record a budget transfer of $55,120.46 of Marina revenue from project 332-93419,Dock Replacement & Repair and $84,849.76 of Marina revenue from project 332-93421, Marine Facility Dredging & Maint. 139,970 McMullen Tennis Complex 9 315-93612 35,900 142,203 To record a net budget increase of $178,102.63 representing the following transfers:$42,202.63 of General Fund revenue from project 315-93655,Joe DiMaggio Sports Complex;$100,000.00 of Infrastructure Sales Tax (Penny)revenue from project 315-93653, Countryside Community Park Renovation; and $35,900.00 of Recreation Facility Impact Fees from the Special Development Fund.This was approved by City Council on January 17, 2019. (100,000) * To record a budget decrease of $100,000.00 of Other State Grants to bring the budget in line with anticipated receipts.78,103 Marina District Boardwalk & Entry Nodes 10 315-93639 (79,580) To record a budget transfer of $79,580.00 of General Fund revenue to project 315-93646,Restroom Expansion- Barefoot Beach House. (79,580) Restroom Expansion-Barefoot Beach House 11 315-93646 79,580 To record a budget transfer of $79,580.00 of General Fund revenue from project 315-93639,Marina District Boardwalk & Entry Nodes. 79,580 Countryside Community Park Renovation 12 315-93653 (74,782) To record the following transfers:of $25,218.22 of General Fund revenue from project 315-93655,Joe DiMaggio Sports Complex;and $100,000.00 of Infrastructure Sales Tax (Penny)revenue to project 315- 93612,McMullen Tennis Complex.This was approved by City Council on January 17, 2019.(74,782) 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 Joe DiMaggio Sports Complex 13 315-93655 (67,421) To record a budget transfer of $42,202.63 of General Fund revenue to project 315-93612,McMullen Tennis Complex;and $25,218.22 to project 315-93653, Countryside Community Park Renovtion.This was approved by City Council on January 17, 2019.(67,421) Clearwater Beach Infrastructure Repair & Improvement 14 315-93672 38,060 * To record a budget increase of $38,060.25 of Insurance Proceeds reimbursed for Hurricane Irma damage.This will bring the budget in line with actual revenues.38,060 Fleet Management & Mapping 15 366-94246 390,000 To record a budget increase of $390,000.00 of Garage Fund reserves.This was approved by City Council on January 17, 2019.390,000 Network Infrastructure & Server R&R - CLOSE PROJECT 16 355-94814 (914,238) To record a budget transfer of $843,190.63 of Lease Purchase proceeds to project 355-L1908,Network Infrastructure &Server R&R;and transfer of $71,047.50 of Administrative Services revenue to project 355-M1912, Network Infrastructure &Server R&R.This project will be closed.(914,238) Network Infrastructure & Server R&R (lease) - NEW PROJECT 17 355-L1908 843,191 To record a budget transfer of $843,190.63 of Lease Purchase proceeds from project 355-94814,Network Infrastructure & Server R&R. 843,191 Network Infrastructure & Server R&R - NEW PROJECT 18 355-M1912 71,048 To record a budget transfer of $71,047.50 of Administrative Services revenue from project 355-94814, Network Infrastructure & Server R&R. 71,048 IT Disaster Recovery - CLOSE PROJECT 19 355-94824 (225,396) To record a budget transfer of $165,395.76 of Lease Purchase proceeds to project 355-L1907,IT Disaster Recovery;and a budget transfer of $60,000.00 of Admin Services Fund revenue to project 355-M1911,IT Disaster Recovery. This project will be closed.(225,396) 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 IT Disaster Recovery (lease) - NEW PROJECT 20 355-L1907 165,396 To record a budget transfer of $165,395.76 of Lease Purchase proceeds from project 355-94824,IT Disaster Recovery. 165,396 IT Disaster Recovery - NEW PROJECT 21 355-M1911 60,000 To record a budget transfer of $60,000.00 of Admin Services Fund revenue from project 355-94824,IT Disaster Recovery. 60,000 Telecommunication Upgrade - CLOSE PROJECT 22 355-94827 (269,047) To record a budget transfer of $269,047.25 of Lease Purchase proceeds to project L1906,Telecommunications Upgrade. This project will be closed.(269,047) Telecommunication Upgrade (lease) - NEW PROJECT 23 355-L1906 269,047 To record a budget transfer of $269,047.25 of Lease Purchase proceeds from project 94827, Telecommunications Upgrade. 269,047 Feasibility Studies/Evaluations - Sewer System 24 327-96218 (2,127,554) To record a budget transfer of $2,127,554.00 of Utility Renewal and Replacement revenue to project 327-96665, Sanitary Sewer Repair and Replacement.This was approved by City Council on January 17, 2019.(2,127,554) Line Relocation Pinellas Capitalized 25 323-96374 (500,000) To record a budget transfer of $500,000.00 of Gas revenue to project 323-96381,Line Relocation Pasco - Capitalized.(500,000) Line Relocation Pasco Capitalized 26 323-96381 500,000 To record a budget transfer of $500,000.00 of Gas revenue from project 323-96374,Line Relocation -Pinellas Capitalized.500,000 Expanded Energy Conservation 27 323-96386 500,000 To record a budget transfer of $500,000.00 of Gas revenue from project 323-96391,Gas System -Pasco Building.500,000 Natural Gas Vehicle 28 323-96387 950,000 To record a budget transfer of $950,000.00 of Gas revenue from project 323-96391,Gas System -Pasco Building.This was approved by City Council on February 7, 2019.950,000 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 Gas System - Pasco Building 29 323-96391 (950,000) To record a budget transfer of $950,000.00 of Gas revenue to project 323-96387,Natural Gas Vehicle.This was approved by City Council on February 7, 2019. (500,000) To record a budget transfer of $500,000.00 of Gas revenue to project 323-96386,Expanded Energy Conservation. (1,450,000) Sanitary Sewer Extension 30 321-96630 (500,000)* To record a budget decrease of $500,000 in grant revenue to bring the budget in line with anticipated receipts.(500,000) Sanitary Utility Relocation 31 327-96634 (500,000) To record a budget transfer of $500,000.00 of Utility R&R revenue to project 327-96665,Sanitary Sewer Repair and Replacement.This was approved by City Council on January 17, 2019.(500,000) Water Pollution Control R&R 32 327-96664 (3,000,000) To record a budget transfer of $3,000,000.00 of Utility R&R revenue to project 327-96665,Sanitary Sewer Repair and Replacement.This was approved by City Council on October 18, 2018. (3,600,000) To record budget transfers of Utility R&R revenue which total $3,600,000.00 to the following projects: $1,200,000.00 to project 327-M1905,Marshall Street Plant R&R;$1,200,000.00 to project 327-M1906, Northeast Plant R&R;and $1,200,000.00 to project 327- M1907, East Street Plant R&R.(6,600,000) Marshall Street Plant R&R - Maintenance 33 327-M1905 1,200,000 To record a budget transfer of $1,200,000.00 in Utility R&R revenue from project 327-96664 Water Pollution Control R&R.1,200,000 Northeast Plant R&R - Maintenance 34 327-M1906 1,200,000 To record a budget transfer of $1,200,000.00 in Utility R&R revenue from project 327-96664 Water Pollution Control R&R.1,200,000 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 East Plant R&R - Maintenance 35 327-M1907 1,200,000 To record a budget transfer of $1,200,000.00 in Utility R&R revenue from project 327-96664 Water Pollution Control R&R.1,200,000 Sanitary Sewer Repair and Replacement 36 327-96665 3,000,000 To record a budget transfer of $3,000,000.00 of Utility R&R revenue from project 327-96664,WPC Repair and Replacement.This was approved by City Council on October 18, 2018. 2,627,554 To record budget transfers of Utility R&R revenue which total $2,627,554.00 from the following projects: $2,127,553.61 from project 327-96218,Feasibility Studies/Evaluations;and $500,000.00 from project 327- 96634,Sanitary Utility Relocation.This was approved by City Council on January 17, 2019. 321-96665 36,585 * To record a budget increase of $36,585.00 for Pinellas County Interlocal Agreement reimbursement to bring the budget in line with anticipated receipts.5,664,139 Water System R&R Maintenance 37 327-96721 (2,318,851) To record budget transfers of Utility R&R revenue which total $2,318,850.79 to the following projects: $1,000,000.00 to 327-M1908,RO#1 R&R;$1,000,000.00 to project 327-M1909,RO#2 R&R;and $318,850.79 to project 327-M1910, WTP R&R.(2,318,851) Reverse Osmosis Plant #1 R&R - Maintenance 38 327-M1908 1,000,000 To record a budget transfer of $1,000,000.00 in Utility R&R revenue from project 327-96721 Water System R&R Maintenance.1,000,000 Reverse Osmosis Plant #2 R&R - Maintenance 39 327-M1909 1,000,000 To record a budget transfer of $1,000,000.00 in Utility R&R revenue from project 327-96721 Water System R&R Maintenance.1,000,000 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2018/19 Water Treatment Plant #3 R&R - Maintenance 40 327-M1910 318,851 To record a budget transfer of $318,850.79 in Utility R&R revenue from project 327-96721 Water System R&R Maintenance.318,851 Reverse Osmosis Plant Expansion Res #1 41 321-96764 16,878 * To record a budget increase of $16,878.40 for Department of Health grant to bring the budget in line with anticipated receipts.16,878 City Hall Move - NEW PROJECT 42 315-C1909 383,085 To establish the project budget and record an increase of $383,085.00 of General Fund revenue,as approved by City Council on November 15, 2018 and January 17, 2019.383,085 Allen's Creek Improvement 43 ENST180002 800,000 To record a budget transfer of $800,000.00 of Stormwater revenue,from project ENST180006,Alligator Creek.This was approved by City Council on March 7, 2019. 800,000 Alligator Creek 44 ENST180006 (800,000) To record a budget transfer of $800,000.00 of Stormwater revenue,to project ENST180002,Allen's Creek.This was approved by City Council on March 7, 2019. (800,000) Ruth Eckerd Hall 45 315-C1904 5,500,000 * To record a budget increase of $5,500,000.00 grant revenue from the Pinellas County Tourist Development Council for the reimbursement agreement with REH.This was approved by City Council August 16, 2017.5,500,000 5,811,509 - 5,811,509 Crest Lake Park Improvements 315-93650 900,000 To transfer Infrastructure Sales Tax (Penny)revenue back to the Special Development Fund.This project is being funded with BP Deepwater Horizon settlement funds, returning Penny funds allocated in previous years. TOTAL INTERFUND TRANSFERS:900,000 TOTAL BUDGET INCREASE /(DECREASE) INTERFUND TRANSFERS 28 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,843,395 - 2,031 P1802 Police Equipment Replacement 349,698 349,698 - - 349,698 P1803 Command Bus Refurbishment 200,000 200,000 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 300,000 PD00180001 Police District 3 Sub Station 200,000 200,000 41,890 13,553 144,557 Sub-Total 3,895,124 - 3,895,124 2,885,285 13,553 996,286 Fire Protection 91218 Fire Engine Replacement 2,813,786 2,813,786 2,474,621 317,047 22,119 91221 EMS Capital Equipment 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,928,350 1,928,350 1,698,658 - 229,692 91236 Rescue Vehicle 1,584,604 11,000 1,595,604 1,373,604 200,000 22,000 1 91244 Aerial Truck 1,300,000 1,300,000 1,285,845 8,739 5,416 91257 AED Program 215,810 215,810 132,350 - 83,460 91259 Radio Replacements 1,519,640 1,519,640 1,519,353 - 287 91260 Thermal Imaging Cameras 219,050 219,050 115,711 - 103,339 91261 Personal Protection Equipment 1,896,110 1,896,110 1,718,753 - 177,357 91262 SCBA Upgrade - Fill Station 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 112,000 112,000 34,803 53,440 23,758 91264 Fire Hose Replacement 405,540 405,540 256,807 - 148,733 91268 Countryside Fire Station 3,932,566 3,932,566 3,708,953 - 223,613 91269 Clearwater Beach Fire Station 6,372,693 (6,372,693) 0 - - 0 C 2 91271 Fire Boat 900,000 900,000 619,808 - 280,192 91272 Old Fire Station 45 Demolition 100,000 100,000 21,697 - 78,303 91273 Lakeview Fire Station 4,198,460 4,198,460 - - 4,198,460 FD190001 Fire Station 46 - Beach - 6,372,693 6,372,693 1,698 - 6,370,995 3 G1803 Video Teleconferencing Equipment 373,982 373,982 - - 373,982 Sub-Total 29,163,301 11,000 29,174,301 16,076,507 579,226 12,518,568 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,483,646 2,333,319 1,078,279 72,049 ENRD180002 Bridge Maintenance & Improvements 6,872,527 6,872,527 45,693 38,439 6,788,396 ENRD180003 Traffic Calming 1,585,031 1,585,031 252,863 128,799 1,203,369 ENRD180004 Streets and Sidewalks 10,992,253 10,992,253 4,281,399 1,724,294 4,986,561 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 121,019 36,060 6,578,326 Sub-Total 29,668,862 - 29,668,862 7,034,292 3,005,870 19,628,700 Intersections ENRD180005 City-Wide Intersection Improvement 2,304,750 2,304,750 732,342 200,940 1,371,468 ENRD180006 Traffic Signal 776,311 776,311 200,291 13,724 562,296 ENRD180007 Traffic Safety Infrastructure 1,064,265 1,064,265 132,227 932,038 Sub-Total 4,145,326 - 4,145,326 1,064,860 214,664 2,865,802 Parking ENPK180001 Parking Lot Resurfacing 908,476 - 908,476 - - 908,476 ENPK180002 Parking Lot Improvement 1,028,802 - 1,028,802 16,611 - 1,012,191 ENPK180003 Parking Facilities 1,007,348 - 1,007,348 92,100 - 915,248 Sub-Total 2,944,626 - 2,944,626 108,712 - 2,835,914 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 ENGF180003 Miscellaneous Engineering 239,146 239,146 9,700 229,446 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 172,059 3,760 1,274,181 ENGF180004 Survey Equipment Replacement 14,288 14,288 - 14,288 92845 Clearwater Beach Transit Center 260,074 260,074 260,074 - 0 Sub-Total 2,888,264 - 2,888,264 441,832 3,760 2,442,672 Actual Expenditures 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 572,817 572,817 513,592 4,730 54,495 93205 Brighthouse Field Infrastructure Imp 3,182,272 3,182,272 2,563,424 347,639 271,209 93247 Fitness Equipment Replacement 425,000 425,000 341,970 8,537 74,493 93251 Morningside Rec Ctr Replacement 7,165,000 7,165,000 6,851,451 209,400 104,149 93263 Public Art Maintenance 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,111,876 1,111,876 892,139 12,496 207,241 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 3,698,116 3,500 2,157,217 93278 Long Center Infra Repairs 2,058,283 2,058,283 1,737,023 5,507 315,753 93286 Parking Lot/Bike Path Rsr/Imprv 853,506 853,506 636,471 12,296 204,738 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 297,214 - 32,786 93604 Brdwlks & Docks Rep & Rplcmnt 545,000 545,000 465,282 38,610 41,109 93608 Miscellaneous Minor Public Art 295,543 295,543 177,198 - 118,345 93612 McMullen Tennis Complex 800,000 78,103 878,103 33,969 12,626 831,508 9 93618 Miscellaneous Park & Rec Contract 285,000 285,000 261,841 700 22,459 93620 Sports Field Lighting 415,000 415,000 65,261 - 349,739 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 792 - 223,934 93633 Pier 60 Park & Bchwlk Repair and Improv 939,377 939,377 718,910 20,118 200,348 93634 Concrete Sidewalk & Pad Repair 308,176 308,176 254,466 - 53,710 93635 Park Amenity Purch & Rplcmnt 822,800 822,800 617,450 33,150 172,200 93636 Tennis Court Resurfacing 705,310 705,310 261,784 66,325 377,201 93637 Playground & Fitness Purch & Rplc 862,079 862,079 601,862 47,565 212,652 93638 Fencing Replacement Program 659,664 659,664 542,574 - 117,090 93639 Marina Dist Boardwalk & Entry Node 831,510 (79,580) 751,930 750,247 1,683 (0) 10 93642 Phillip-Jones Restroom/Concession 507,944 507,944 157,984 7,266 342,694 93646 Rest Rm Expan-Barefoot Bch House 401,000 79,580 480,580 284,720 4,541 191,319 93648 Moccasin Lake Park Master Plan 958,249 958,249 905,168 16,710 36,371 93652 Countryside Plex Restroom/Concession 2,950,000 2,950,000 244,845 450,189 2,254,966 93653 Countryside Community Park Reno 100,000 (74,782) 25,218 25,218 - - C 12 93654 Recreation Centers Infrastructure Repairs 400,000 400,000 23,351 - 376,649 93655 J.D. Sports Complex Multipurpose Fields 1,845,924 (67,421) 1,778,503 1,778,503 - - C 13 93661 Frank Tack Parking Lot 399,500 399,500 - - 399,500 93665 Youth Sports Field Renovations 70,297 70,297 49,162 13,948 7,187 93666 Woodgate Park Renovations 450,000 450,000 - - 450,000 93667 Del Oro Park Renovations 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 - - 200,000 93669 North East Coachman Park Renovations 300,000 300,000 - - 300,000 93670 Articulating Boom Lift 62,000 62,000 51,450 - 10,550 93672 Clearwater Beach Infrast Repairs & Improve 300,000 38,060 338,060 279,640 - 58,421 14 93673 Jack Russell Stadium Improvements 989,066 989,066 421,709 - 567,357 C1902 Long Center Parking Improvements 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 2,500,000 5,500,000 8,000,000 2,750,138 5,249,862 45 L1901 P&R Vehicle and Equipment Additions 146,110 146,110 57,142 68,441 20,526 M1901 Countryside Sports Complex Renovation 50,000 50,000 50,000 PRAF180001 Eddie C. Moore Softball Complex Reno 790,000 - 790,000 14,780 646,745 128,475 Sub-Total 43,823,360 5,473,960 49,297,320 29,328,016 2,032,724 17,936,580 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Marine Facilities 93403 Beach Guard Facility Maintenance 348,292 (108,239) 240,053 240,053 - 0 C 4 ENGF190002 Beach Guard Tower - 108,239 108,239 - - 108,239 5 93410 Clwr Harbor Marina Maintenance 220,000 220,000 128,871 - 91,129 ENGF180006 City-wide Docks and Seawall 1,786,739 1,786,739 952,134 18,469 816,136 93415 Waterway Maintenance 410,000 410,000 255,610 - 154,390 93418 Utilities Services Replacement 377,714 377,714 159,186 14,200 204,328 93419 Dock Replacement & Repair 166,727 (55,120) 111,607 111,606 - 0 C 6 93420 Fuel System R & R 122,752 122,752 92,000 - 30,751 93421 Marine Facilities Dredging & Maint 158,715 (84,850) 73,865 73,865 - (0) C 7 93422 Dredging of City Waterways 946,204 946,204 483,487 - 462,717 ENGF180014 Seminole Boat Launch Improvements 6,752,000 6,752,000 4,292 - 6,747,708 93499 Pier 60/Sailing Center Maintenance 421,952 421,952 278,612 - 143,340 C1905 Beach Marina Upgrade 300,000 300,000 - - 300,000 C1906 Clearwater Harbor Marina Repl & Upgrade 106,000 106,000 - - 106,000 M1902 Marine Facility Maintenance Dock R&R 75,000 139,970 214,970 12,980 - 201,991 8 Sub-Total 12,192,095 - 12,192,095 2,792,698 32,669 9,366,729 Airpark 94817 Airpark Maintenance & Repair 219,000 219,000 178,336 - 40,664 94886 Clearwater Airpark Masterplan Update 110,000 110,000 94,426 14,899 675 94894 Ground Support Equipment Upgrade 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 - - 1,200,000 Sub-Total 1,629,000 - 1,629,000 327,322 14,899 1,286,779 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,552,052 - 244,549 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 5,295,731 - 954,269 93532 Library Maker Space Maint. & Upgrade 174,480 174,480 106,626 - 67,854 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 - - 93534 Library FF&E Repair & Replace 225,000 225,000 100,771 - 124,229 93535 Countryside Library Demolition 75,000 75,000 - - 75,000 Sub-Total 14,819,931 - 14,819,931 13,354,030 - 1,465,901 Garage 94233 Motorized Equip-Cash II 1,796,856 1,796,856 1,709,988 37,485 49,383 94238 Police Vehicles 3,301,001 3,301,001 2,843,887 58,140 398,974 94241 Motorized Equipment Replace - L/P 41,120,392 41,120,392 34,115,627 3,450,739 3,554,026 94244 Misc Vehicle Additions- Gen Serv 56,237 56,237 56,237 - - C 94246 Fleet Management & Mapping 320,000 390,000 710,000 - - 710,000 15 94627 Misc Budgetary Vehicle Addition 125,799 125,799 124,950 - 849 C1901 Beach Radio Tower 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 94,520 94,520 - - 94,520 GSFL180002 P25 Radio Equipment & Infrastructure 400,000 400,000 56,896 - 343,104 Sub-Total 48,067,175 390,000 48,457,175 38,907,584 3,546,364 6,003,227 Maintenance of Buildings GSBM180001 Air Cond Replace-City Wide 704,436 704,436 132,196 - 572,240 GSBM180003 Roof Repair and Replacement 1,345,409 1,345,409 364,533 86,838 894,038 GSBM180004 Painting of Facilities 592,923 592,923 54,292 - 538,631 GSBM180005 Fencing of Facilities 143,170 143,170 - - 143,170 GSBM180002 Flooring for Facilities 777,837 777,837 117,254 299,622 360,961 GSBM180007 Elevator Refurbish/Modernization 560,576 560,576 - - 560,576 GSBM180006 Light Replacement & Repair 278,197 278,197 33,803 - 244,394 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Maintenance of Buildings - continued GSBM180008 Building Systems 1,018,377 1,018,377 210,727 52,643 755,007 GSBM180009 New A/C Chiller System 2,900,000 2,900,000 348,481 448,988 2,102,532 GSBM180010 General Services R&R 250,000 250,000 134,396 - 115,604 GSBM180011 Generator Maintenance 450,000 450,000 - - 450,000 GSBM180012 General Facility Building Major Renovations 1,335,242 1,335,242 106,562 - 1,228,680 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,926 1,613,738 C1907 City Hall Hardening 100,000 100,000 - 100,000 C1909 City Hall Move - 383,085 383,085 20,335 9,594 353,156 42 L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 Sub-Total 12,136,831 383,085 12,519,916 1,524,504 897,684 10,097,728 Miscellaneous 94729 City-wide Connect Infra 3,717,991 3,717,991 3,717,991 - - 94736 Geographic Information Sys 1,189,240 1,189,240 1,113,978 - 75,262 ENGF180010 Pollutant Storage Tank 359,408 359,408 19,459 3,540 336,410 ENGF180011 Environmental Assmt & Clean-up 463,636 463,636 16,946 13,384 433,306 94814 Network Infra & Server Upgrade 4,385,057 (914,238) 3,470,819 3,470,819 - (0) C 16 L1908 Network Infra & Server R&R - 843,191 843,191 - 3,477 839,714 17 M1912 Network Infra & Server Upgrade - 71,048 71,048 - - 71,048 18 94824 IT Disaster Recovery 580,000 (225,396) 354,604 354,604 - - C 19 L1907 IT Disaster Recovery - 165,396 165,396 - - 165,396 20 M1911 IT Disaster Recovery - 60,000 60,000 - - 60,000 21 94827 Telecommunications Upgrade 604,000 (269,047) 334,953 334,953 - - C 22 L1906 Telecommunications Upgrade - 269,047 269,047 - - 269,047 23 94828 Financial Systems Upgrades 3,933,166 3,933,166 2,103,538 187,264 1,642,364 94829 CIS Upgrades / Replacement 1,047,376 1,047,376 374,783 - 672,593 94830 MS Licensing / Upgrades 1,025,000 1,025,000 842,513 16,201 166,286 94833 Computer Monitors 399,828 399,828 385,431 - 14,397 94850 Backfile Conversion of Records 500,000 500,000 187,660 - 312,340 94857 Accela Permitting & Code Enforce 250,000 250,000 90,906 - 159,094 94861 Library Technology 1,350,000 1,350,000 1,162,484 - 187,516 94873 Citywide Camera System 260,000 260,000 118,298 - 141,702 94874 City Enterprise Timekeeping System 285,000 285,000 182,082 5,620 97,298 94878 Asset Management Upgrade 31,420 31,420 26,322 - 5,098 C 94880 Granicus Agenda Management Sys 135,000 135,000 41,136 - 93,864 94883 Business Process Review & Improve 600,000 600,000 118,147 30,518 451,335 94888 City EOC & Disaster Recovery Facility 3,360,000 3,360,000 83,563 1,946,030 1,330,408 94890 Enterprise Advanced Audio Video R&R 1,063,000 1,063,000 454,141 - 608,859 94892 Imagine Clearwater Implementation 4,865 4,865 4,865 - 0 C ENGF180013 Imagine Clearwater 6,516,829 6,516,829 660,234 2,336,354 3,520,242 94894 Ground Support Equipment Upgrade 100,000 100,000 54,560 - 45,440 Sub-Total 32,160,816 - 32,160,816 15,919,412 4,542,387 11,699,018 UTILITIES Stormwater Utility ENST180001 Stormwater System Impovements 8,181,794 - 8,181,794 1,353,241 358,454 6,470,100 ENST180002 Allen's Creek Improvement 2,016,271 800,000 2,816,271 7,957 2,032,727 775,587 43 ENST180003 Stormwater System Expansion 1,615,576 - 1,615,576 - - 1,615,576 ENST180004 Stevenson Creek 3,182,636 3,182,636 1,900 - 3,180,736 ENST180005 Coastal Basin 3,234,985 3,234,985 199,648 186,195 2,849,142 ENST180006 Alligator Creek Watershed Projects 5,140,082 (800,000) 4,340,082 225,254 151,997 3,962,831 44 ENST180007 Street Sweeping Facility 1,823,765 1,823,765 1,637,345 89,551 96,869 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 19,941 3,744,761 331,465 ENST180009 East Gateway Improvements 3,503,121 3,503,121 2,376,262 817,418 309,441 ENST180010 Lower Sp Branch Convey Improvement 2,320,000 2,320,000 41,015 268,029 2,010,956 C1908 Stormwater Vehicles & Equipment 1,375,500 1,375,500 18,238 1,225,866 131,396 Sub-Total 36,489,897 - 36,489,897 5,880,800 8,874,999 21,734,098 32 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Water System 96721 System R & R - Maintenance 5,524,536 (2,318,851) 3,205,685 2,417,736 54,776 733,174 37 96722 Line Relocation - Maintenance 4,767,305 4,767,305 1,779,024 549,208 2,439,073 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 45,981,949 197,645 506,859 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 - 0 96741 System R & R-Capitalized 8,788,154 8,788,154 8,788,154 - (0) 96742 Line Relocation-Capitalized 7,998,570 7,998,570 6,346,984 655,721 995,865 96743 Mtr Bkflow Prev Dev/Change Out 2,834,600 2,834,600 2,834,600 - (0) 96744 System Expansion 2,965,673 2,965,673 2,840,568 - 125,105 96752 Water Service Lines 1,233,436 1,233,436 1,233,436 - (0) 96764 RO Plant Exp Res #1 13,507,529 16,878 13,524,407 12,749,918 249,410 525,080 41 M1908 RO Plant Exp Res #1 R&R 13,507,529 1,000,000 14,507,529 12,749,918 249,410 1,508,201 38 96767 RO Plant at Res #2 43,076,061 43,076,061 40,917,698 146,552 2,011,810 M1909 RO Plant at Res #2 R&R - 1,000,000 1,000,000 - - 1,000,000 39 96768 Rebate Well, Lk, Pnd Irr Abandmt 114,608 114,608 114,608 - (0) 96773 Groundwater Replenishment Facility 20,900,118 20,900,118 5,897,220 98,811 14,904,087 96782 Reverse Osmosis Plant @WTP #3 1,380,000 1,380,000 128,991 - 1,251,009 96783 Water System Upgrades/Improvements 3,349,000 3,349,000 983,505 31,992 2,333,503 96784 Reclaimed Water Distribution System R&R 2,094,584 2,094,584 392,670 - 1,701,914 96785 Feasibility Studies/Evaluations - Water System 2,625,000 2,625,000 240,010 24,334 2,360,655 96786 Devices/Equipments - Water System 350,000 350,000 - - 350,000 L1905 Vehicle & Equipment 146,000 146,000 125,212 - 20,788 Sub-Total 184,476,082 (301,972) 184,174,110 149,149,127 2,257,858 32,767,124 Sewer System 96212 Sanitary Sewer Upgrades/Improvements 12,004,552 12,004,552 3,865,441 3,129,973 5,009,138 96213 Marshall Street Upgrades/Improvements 6,744,298 6,744,298 1,015,320 1,029,946 4,699,032 M1905 Marshall Street Plant R&R - 1,200,000 1,200,000 - - 1,200,000 33 96214 East Plant Upgrades/Improvements 1,500,000 1,500,000 140,704 10,492 1,348,804 M1907 East Plant R&R - 1,200,000 1,200,000 - - 1,200,000 35 96215 Northeast Plant Upgrades/Improvements 12,794,860 12,794,860 602,894 147,444 12,044,521 M1906 Northeast Plant R&R - 1,200,000 1,200,000 - - 1,200,000 34 96216 Laboratory Upgrade/Improvements 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,325,192 1,325,192 504,087 34,335 786,770 96218 Feasibility Studies/Evaluations 2,241,641 (2,127,554) 114,087 114,087 - 0 24 96219 Devices/Equipment Sewer Division 446,274 446,274 300,898 - 145,376 96630 Sanitary Sewer Extension 15,461,998 (500,000) 14,961,998 12,321,711 1,548,266 1,092,022 30 96634 Sanitary Util Reloc Accmmdtn 6,267,352 (500,000) 5,767,352 4,157,180 278,829 1,331,343 31 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 15,155,224 15,155,224 13,910,293 875,443 369,489 96664 WPC R & R 26,992,113 (6,600,000) 20,392,113 16,185,435 4,135,966 70,713 32 96665 Sanitary Sewer R&R 26,629,685 5,664,139 32,293,824 18,344,536 12,064,396 1,884,893 36 96686 Pump Station Replacement 4,707,682 4,707,682 4,338,740 149,860 219,082 L1903 Generators 420,000 420,000 - - 420,000 L1904 Vehicle and Equipment 240,000 240,000 - 235,307 4,694 M1910 Water Treatment Plant #3 R&R - 318,851 318,851 - - 318,851 40 Sub-Total 135,889,577 (144,564) 135,745,013 77,597,119 23,642,946 34,504,948 Gas System 96358 Environmental Remediation 2,384,794 2,384,794 1,757,999 38,068 588,727 96365 Line Relocation-Pinellas Maint 731,106 731,106 516,403 71,751 142,952 96367 Gas Meter Change Out-Pinellas 3,638,000 3,638,000 3,568,073 - 69,927 96374 Line Relocation-Pinellas Capitalized 2,882,890 (500,000) 2,382,890 2,292,835 - 90,055 25 96376 Line Relocation - Pasco Maint 258,593 258,593 84,756 - 173,837 96377 Pinellas New Main / Service Lines 31,551,119 31,551,119 30,168,333 - 1,382,786 96378 Pasco New Mains / Service Lines 17,864,858 17,864,858 14,927,767 - 2,937,091 96379 Pasco Gas Meter Change Out 867,821 867,821 726,369 - 141,452 96381 Line Reloc-Pasco-Capitalized 237,386 500,000 737,386 145,603 22,388 569,395 26 33 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Budget Revised Project Open Available Amend Description 10/1/18 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Gas System - continued 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,855,055 11,304,636 14,180,241 3,370,179 96385 Gas Main Extensions 1,557,845 1,557,845 1,346,596 - 211,249 96386 Expanded Energy Conservation 9,091,479 500,000 9,591,479 8,384,953 - 1,206,526 27 96387 Natural Gas Vehicle 4,581,069 950,000 5,531,069 3,704,069 - 1,827,000 28 96389 Future IMS Software & Hardware 400,000 400,000 282,335 12,090 105,575 96390 Gas Vehicle Additions 590,000 590,000 428,294 - 161,706 96391 Gas System Pasco Building 2,100,000 (1,450,000) 650,000 - - 650,000 29 96392 Gas Equipment Additions 191,000 191,000 189,278 - 1,722 M1904 Pinellas Building Equipment R&R 200,000 200,000 - - 200,000 Sub-Total 108,975,015 - 108,975,015 80,684,566 14,324,538 13,965,911 Solid Waste 96426 Facility R & R 2,652,608 2,652,608 1,707,670 - 944,938 96443 Res Container Acquisition-II 2,001,741 2,001,741 1,433,402 - 568,339 96444 Comm Container Acquisition-II 4,130,020 4,130,020 3,253,884 161,103 715,033 96445 Solar Trash & Recycling Kiosks 289,414 289,414 239,182 - 50,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 4,262,581 14,034,773 1,352,776 96448 Solid Waste CNG Station 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 555,500 - - 555,500 Sub-Total 29,429,413 - 29,429,413 10,896,720 14,195,876 4,336,817 Utility Miscellaneous 96516 Citywide Aerial Photo 151,596 151,596 151,596 - 0 C 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 738,818 - 120,010 96526 Public Utility Admin Building 184,306 184,306 - - 184,306 Sub-Total 1,194,730 - 1,194,730 890,414 - 304,316 Recycling 96804 Recycling Carts/Dumpsters 1,216,650 1,216,650 789,656 - 426,994 96805 Recycling Expansion/Particip/R&R 1,311,525 1,311,525 1,184,376 - 127,149 96811 Purchase of Transfer Tractors 408,000 408,000 395,983 - 12,017 SR00180003 Processing Center Building Replacement 3,862,633 3,862,633 2,957 3,859,676 Sub-Total 6,798,808 - 6,798,808 2,372,972 - 4,425,836 TOTAL ALL PROJECTS 742,119,582 5,811,509 747,931,091 458,567,891 78,180,016 211,183,184 34 Special Program Fund First Quarter Budget Amendments October 1, 2018 - June 30, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Foreclosure Registry - Nuisance Abatement 1 98609 12,700 To record a budget increase of $12,700 which represents foreclosure registry fees collected to date. 12,700 Hurricane Irma 2 98610 95,102 To record a budget increase of $95,101.87 in Federal and State Irma reimbursements to bring the budget in line with actual receipts.95,102 Police Extra Duty 3 99215 333,358 (8,779) To record a budget increase of $333,357.50 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $8,778.50 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 324,579 School Resource Officers - CLOSE PROGRAM 4 99264 (97,121) To record a budget transfer of $97,121.07 in fines,forfeiture and penalties revenue to P1801,School Resource Officers.This historical project is being closed,effective with the FY19 school year,a new project was created (P1801)to account for the SRO program.(97,121) Federal Forfeiture Treasury 5 99281 22,579 To record a budget increase of $21,730.70 in US Department of Justice revenue,and $848.19 in interest earnings which will bring the budget in line with actual receipts.22,579 Police Education Fund 6 99317 19,001 To record a budget increase of $19,000.98 in police education fine revenue which will bring the budget in line with actual receipts.19,001 Investigative Cost Recovery 7 99329 75,673 To record a net budget increase of $75,673.45 which will bring the budget in line with actual receipts.Amendments include an increase of $10,360.81 in overtime reimbursement revenues,and an increase of $65,312.64 in fines,forfeitures and penalties revenue.75,673 Florida Contraband Forfeiture Fund 8 99330 122,049 (20,000) To record a budget increase of $113,083.90 fines,forfeitures and penalties revenue,and an increase of $8,964.74 in interest earnings which will bring the budget in line with actual receipts. To record transfers of fines,forfeiture and penalties revenue of $15,000.00 to 99356,Safe Neighborhood Program,and $5,000.00 to 99364, Crime Prevention Program.102,049 35 Special Program Fund First Quarter Budget Amendments October 1, 2018 - June 30, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 9 99350 8,779 To record a transfer of $8,778.50 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 8,779 Safe Neighborhood Program 10 99356 15,000 To record a budget transfer of $15,000.00 in fines, forfeitures, and penalties revenue from program 99330,Florida Contraband Forfeiture Fund.15,000 Crime Prevention Program 11 99364 32,903 5,000 To record a budget increase of $32,903.00 in donation revenue for Christmas Cheer,K-9 operations,Cornelius Award and National Night Out which will bring the budget in line with actual receipts. Amendments also include a transfer of $5,000.00 in fines, forfeitures,and penalties revenue from program 99330,Florida Contraband Forfeiture Fund.37,903 Federal Forfeiture Sharing 12 99387 42,289 To record a budget increase of $42,288.94 representing $29,138.16 in revenues from the US Department of Justice; $1,456.63 in fines,forfeiture,and penalties revenue;and $11,694.15 in interest earnings which will bring the budget in line with actual receipts.42,289 Emergency Operations 13 99927 38,549 To record a budget increase of $38,548.91 in FEMA reimbursements for Tropical Storm Debby.38,549 School Resource Officers 14 P1801 97,121 To record a budget transfer of $97,121.07 in fines,forfeiture and penalties revenue from 99264, School Resource Officers.97,121 Public Safety Program Totals:794,202 - 794,202 Physical Environment Programs Tree Replacement Program 15 99970 41,804 To record a budget increase of $41,804.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.41,804 Physical Environment Programs Program: Totals:41,804 - 41,804 36 Special Program Fund First Quarter Budget Amendments October 1, 2018 - June 30, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs Affordable Housing Impact Fees 16 99538 6,082 To record a budget increase of $6,082.12 in interest earnings to bring the budget in line with actual receipts.6,082 Economic Development 2017 17 99760 (14,802) To record a budget transfer of $14,802 in Community Development Block Grant revenues to G1902,Public Facilities 2019.(14,802) Public Services 2017 18 99761 (2,833) To record a budget transfer of $2,832.56 in Community Development Block Grant revenues to G1902,Public Facilities 2019.(2,833) Housing Rehab 2017 19 99763 (132,694) To record a budget transfers of Community Development Block Grant revenues of $84,365.44 to G1902,Public Facilities 2019 and $48,328.81 to G1905, Infill Housing 2019.(132,694) Economic Development 2018 20 99765 (31,417) To record a budget transfer of $31,417.29 in Community Development Block Grant revenues to G1905, Infill Housing 2019.(31,417) Infill Housing 2018 21 99767 (62,754) To record a budget transfer of $62,753.90 in Community Development Block Grant revenues to G1905, Infill Housing 2019.(62,754) Brownfield Revolving Loan 22 99802 1,877 To record a budget increase of $1,877.33 in interest revenue to bring the budget in line with actual receipts.1,877 Public Facilities 2019 23 G1902 102,000 To record budget transfers of $14,802 from 99760,Economic Development 2017;$2,832.56 from,Public Services 2017;and $84,365.44 from Housing Rehab 2017.102,000 Infill Housing 2019 24 G1905 142,500 To record budget transfers of $48,328.81 from 99763,Housing Rehab 2017;$31,417.29 from 99765,Economic Development 2018; and $62,753.90 from Infill Housing 2018.142,500 Economic Environment Totals:7,959 - 7,959 37 Special Program Fund First Quarter Budget Amendments October 1, 2018 - June 30, 2018 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Human Services Program Health Prevention Program 25 99869 3,209 To record a budget increase of $5,000.00 in revenues from the Pinellas County Health Department,and a budget decrease of $1,790.75 in other governmental revenue which will bring the budget in line with actual receipts.3,209 Human Services Program: Totals:3,209 - 3,209 Culture and Recreation Programs Special Events - CLOSE PROGRAM 26 99865 47,833 To record a budget increase of $47,832.80;representing increases of $2,400.00 in rental income, $20,360.98 in sponsorship revenue, $5,630.00 in registrations/applications,and $19,441.82 in reimbursements,which will bring the budget in line with actual receipts for the quarter.This project will be closed for conversion to a new project using the new project accounting software. 47,833 Special Events - NEW PROGRAM 27 PRSE190001 418,019 To record a budget increase of $418,018.92;representing increases of $4,751.11 in rental income,$12,850.00 in sponsorship revenue,$160,817.95 in sales revenues,$2,000.00 in registrations/applications,$5,510.04 in reimbursements,and $232,089.82 in transfer-in revenues from 99865,which will bring the budget in line with actual receipts for the quarter. 418,019 Library Special Account 28 99910 12,801 To record a budget increase of $12,801.31 in donation revenue to bring the budget in line with actual receipts.12,801 Culture and Recreation Programs Total:478,653 - 478,653 1,325,828 - 1,325,828 Interfund Transfers Special Events - CLOSE PROGRAM 99865 232,090 To record a transfer of $232,089.82 to the new Special Events program.This project is being closed,with unspent funds transferred to the newly created special events program. Total Interfund Transfers:- Total Budget Increase/(Decrease): 38 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2018 Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 98611 CMA Capital Project Agreement 5,000,000 - 5,000,000 5,000,000 - - C 99421 Housing Consulting Service 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 229,379 - 229,379 155,812 - 73,567 Sub-Total 7,123,140 - 7,123,140 6,751,210 - 371,929 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 63,600 12,700 76,300 - - 76,300 1 98610 Hurricane Irma 1,286,998 95,102 1,382,100 2,122,713 460,830 (1,201,443) 2 99215 Police Extra Duty 2,417,257 324,579 2,741,836 2,404,980 - 336,856 3 99241 Human Trafficking Overtime 87,000 - 87,000 70,954 - 16,046 99264 School Resource Officers 2,833,704 (97,121) 2,736,583 2,736,583 - 0 C 4 99279 Police Recruitments 141,010 - 141,010 62,780 - 78,230 99281 Fed Forfeitures - Treasury 171,936 22,579 194,515 120,171 - 74,345 5 99316 Police Volunteers 153,518 - 153,518 138,110 1,000 14,408 99317 Police Education Fund 1,328,750 19,001 1,347,751 1,298,845 - 48,905 6 99329 Investigative Recovery Costs 2,451,206 75,673 2,526,879 2,184,772 - 342,108 7 99330 FL Contraband Forfeiture Fnd 914,586 102,049 1,016,634 657,266 - 359,368 8 99350 Vehicle Replacement Fund 327,865 8,779 336,644 186,758 33,275 116,611 9 99356 Safe Neighborhood Program 1,127,580 15,000 1,142,580 1,028,523 7,154 106,902 10 99364 Crime Prevention Program 102,341 37,903 140,244 102,676 - 37,568 11 99387 Federal Forfeiture Sharing 2,427,479 42,289 2,469,768 1,748,639 - 721,129 12 99927 Emergency Operations 4,106,338 38,549 4,144,887 3,063,815 - 1,081,072 13 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 - 46,977 46,977 - G1804 2019 HVE Ped & Bicycle Safety 50,000 - 50,000 13,262 - 36,738 P1801 School Resource Officers 468,356 97,121 565,477 121,512 - 443,965 14 Sub-Total 20,576,201 794,202 21,370,403 18,150,425 502,259 2,717,718 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,517,880 41,804 1,559,684 879,143 26,970 653,572 15 Sub-Total 1,517,880 41,804 1,559,684 879,143 26,970 653,572 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 - 519,120 485,096 - 34,024 Sub-Total 519,120 - 519,120 485,096 - 34,024 ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 441,530 6,082 447,612 163,019 3,128 281,466 16 99729 Joint Hercules Pln & Econ Study 150,000 - 150,000 - - 150,000 99744 Economic Development Incentives 292,500 - 292,500 262,500 - 30,000 99754 Housing Rehab 2016 258,701 - 258,701 253,273 - 5,429 99759 Public Facilities 2017 377,764 - 377,764 152,898 - 224,866 99760 Economic Development 2017 14,802 (14,802) - - - - 17 99761 Public Services 2017 100,275 (2,833) 97,442 95,786 - 1,656 18 99762 Program Administration 2017 135,036 - 135,036 136,693 - (1,657) 99763 Housing Rehab 2017 322,997 (132,694) 190,302 150,774 - 39,528 19 99764 Public Facilities 2018 448,000 - 448,000 248,514 - 199,486 99765 Economic Development 2018 130,020 (31,417) 98,602 98,602 - (0) 20 99766 Program Administration 2018 131,388 - 131,388 131,388 - - 99767 Infill Housing 2018 137,500 (62,754) 74,746 52,604 - 22,142 21 99768 Public Services 2018 106,725 - 106,725 93,985 - 12,740 99802 Brownfield Revolving Loan 1,204,720 1,877 1,206,597 420,381 - 786,216 22 39 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2018 - DECEMBER 31, 2018 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2018 Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) 99846 Economic Development - QTI 140,419 - 140,419 71,591 - 68,828 99871 State Brownfields Redevelopment Acct 165,463 - 165,463 165,463 - 0 99888 ULI Report Implementation 875,000 - 875,000 753,053 44,326 77,621 G1902 Public Facilities 2019 168,815 102,000 270,815 - 169,665 101,150 23 G1903 Economic Development 2019 135,000 - 135,000 - - 135,000 G1904 Program Administration 2019 186,188 - 186,188 865 - 185,323 G1905 Infill Housing 2019 139,797 142,500 282,297 - - 282,297 24 G1906 Public Services 2019 111,140 - 111,140 34,880 73,132 3,128 Sub-Total 6,173,780 7,959 6,181,740 3,286,269 290,251 2,605,220 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 - 10,000 6,430 - 3,570 98606 Senior Citizens Services - EBWP 24,960 - 24,960 21,118 - 3,842 98607 Senior Citizens Services - Trips 14,000 - 14,000 10,154 - 3,846 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 12,080 - 12,080 10,123 - 1,957 99869 Health Prevention Program 192,060 3,209 195,269 176,019 - 19,251 25 99872 Coordinated Child Care - Ross Norton 2,718,545 - 2,718,545 1,698,146 11,233 1,009,167 Sub-Total 3,001,645 3,209 3,004,854 1,949,589 11,233 1,044,032 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)105,020 - 105,020 - - 105,020 99865 Special Events 9,296,350 47,833 9,344,182 9,344,182 0 C 26 PRSE190001 Special Events 70,000 418,019 488,019 313,479 35,557 138,983 27 99910 Library Special Account 830,311 12,801 843,113 810,908 - 32,205 28 Sub-Total 10,301,681 478,653 10,780,334 10,468,569 35,557 276,208 TOTAL ALL PROJECTS 49,213,447 1,325,828 50,539,275 41,970,302 866,271 7,702,702 40 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2018/19 Increase/ (Decrease)Description Revenues Transfer-in from Capital Fund 900,000 At first quarter,amendments to transfer-in revenues reflect an increase of $900,000 of sales tax infrastructure revenue (Penny)returned from capital project 93650,Crest Lake Park.This project is being funded by BP Deepwater Horizon settlement funds, returning excess Penny funds allocated in prior years. Allocation of Assigned Fund Balance 35,900 First quarter amendments reflect an allocation of $35,900 from Recreation Facility Impact Fees to capital project 93612,McMullen Tennis Complex as approved by the Council on January 17, 2019. 935,900$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 35,900 First quarter amendments reflect a transfer of $35,900 in recreation facility impact fees to capital project 93612,McMullen Tennis Complex as approved by the Council on January 17, 2019. 35,900$ Net Expenditure Amendments 41 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2018 - December 31, 2018 Mid Year: October 1, 2018 - March 31, 2019 Original First Quarter Budget Amended Budget 2018/19 2018/19 Amendments Revenues: Ad Valorem Taxes 3,044,520 3,044,520 - Infrastructure Tax 11,820,680 11,820,680 - Interest Earnings 537,000 537,000 - Open Space Fees 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 - Local Option Gas Tax 1,540,550 1,540,550 - Allocation of Assigned Fund Balance - 35,900 35,900 Transfer-In from Capital Improvement Plan - 900,000 900,000 17,212,750 18,148,650 935,900 Expenditures: Transfer to Capital Improvement Fund Road Millage 3,044,520 3,044,520 - Infrastructure Tax 11,463,460 11,463,460 - Recreation Facility Land Fees - 35,900 35,900 Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 - 16,075,130 16,111,030 35,900 SPECIAL DEVELOPMENT FUND 42 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2018 - December 31, 2018 Mid Year: October 1, 2018 - March 31, 2019 Original First Quarter Budget Amended Budget 2018/19 2018/19 Amendments Revenues: CDBG/Home Funds 740,940 740,940 - Interest Earnings 25,000 54,467 29,467 Intergovernmental Revenue - 187,729 187,729 Charges for Service Revenue - 426,299 426,299 Judgments, Fines and Forfeit Revenue - 240,658 240,658 Miscellaneous Revenue - 209,585 209,585 Transfers from Special Program Fund - 232,090 232,090 Transfers from General Fund:- - - Sister City Program 37,380 37,380 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 70,000 - Economic Development QTI 18,230 18,230 - Police Recruitments 30,000 30,000 - 923,050 2,248,878 1,325,828 Expenditures: General Government 37,380 37,380 - Public Safety 30,000 824,202 794,202 Physical Environment - 41,804 41,804 Transportation - - - Economic Environment 422,980 430,939 7,959 Human Services 1,500 4,709 3,209 Culture and Recreation 40,000 518,653 478,653 Interfund Transfers 236,190 236,190 - Transfer to Capital Fund 130,000 130,000 - 898,050 2,223,878 1,325,828 SPECIAL PROGRAM FUND SPECIAL PROGRAM FUND 43 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2018 - December 31, 2018 Mid Year: October 1, 2018 - March 31, 2019 Original First Quarter Budget Amended Budget 2018/19 2018/19 Amendments Revenues: HOME Investment Partnerships 383,150 383,150 - State Housing Initiatives Partnerships 156,790 156,790 - Total - HOME/SHIP Funds 539,940 539,940 - Expenditures: Economic Environment 380,950 380,950 - Interfund Transfers 158,990 158,990 - Total - HOME/SHIP Programs 539,940 539,940 - OTHER HOUSING ASSISTANCE FUNDS 44 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2018/19 45 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. ***** 09/17/18 Administrative Change Order #1 – Street Resurfacing Contract (14-0051- EN). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Gator Grading and Paving, LLC. 149,627.50 10/15/18 Administrative Change Order #2 – East Gateway Stormwater & Sanitary Sewer (14-0051-EN). This change order decreases and adds items in accordance with field conditions resulting in a net zero change to the contract. David Nelson Construction, Co. 0 11/28/18 Administrative Change Order #1 & Final – Clearwater Country Club 30” RCW Valve Installation (17-0020-UT). This change order is for final decreasing items in accordance with field conditions resulting in a net decrease to the contract. Andrew Sitework, LLC. (61,169.53) 11/28/18 Administrative Change Order #1 & Final – Marshall WRF Blend Tank Cleaning (18-0012-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. (30,969.50) 12/13/18 Administrative Change Order #1 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order is for decreasing the contract By Owner Direct Purchases and funding scope modifications resulting from design revisions to the 100% construction documents resulting in a net decrease to the contract. Walbridge Aldinger, LLC. (2,512,849.46) ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2018/19 46 12/14/18 Administrative Change Order #1 & Final – WTP 1 Improvements-Pressure Filter Modifications & Absorption System Automation (15-0031-UT). This change order decreases and increases items in accordance with field conditions resulting in a net decrease to the contract. RTD Contractors, Inc. (415,471.87) 12/20/18 Administrative Change Order #2 & Final – Lift Station 7 & 8 Improvements (15-0038-UT). This change order is for final decreases and increases to items in accordance with field conditions resulting in a net decrease to the contract. Hinterland Group, Inc. (76,357.35) 12/20/18 Administrative Change Order #1 – Street Resurfacing Project (14-0051- EN). This change order adds 60 calendar days to the contract resulting in a net zero change to the contract. Gator Grading and Paving, LLC. 0 01/24/19 Administrative Change Order #2 – Druid Trail Phase (04-0021-PR). This change order decreases, increases and adds items in accordance with field conditions resulting in a net zero change to the contract. Keystone Excavators, Inc. 0 02/05/19 Administrative Change Order #1 & Final – Sherwood Yard Street Sweeping Facility (11-0058-EN). This change order is for final decreases and increases to items in accordance with field conditions resulting in a net increase to the contract. Kokolakis Contracting, Inc. 51,092.95 Ordinance No. 9266-19 ORDINANCE NO. 9266-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, MARINE FUND, PARKING FUND, GENERAL SERVICES FUND, ADMINISTRATIVE SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2019, for operating purposes, including debt service, was adopted by Ordinance No. 9194-18; and WHEREAS, at the First Quarter Review it was found that an increase of $3,714,665 is necessary for revenues and an increase of $3,171,059 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. 9194-18 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2018 and ending September 30, 2019 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 First Quarter Budgeted Use of Total Amended Revenues Reserves Revenues Budget 2018/19 2018/19 2018/19 2018/19 Amendments General Fund: Ad Valorem Taxes 60,858,200 60,858,200 60,858,200 - Utility Taxes 15,188,200 15,188,200 15,188,200 - Local Option, Fuel & Other Taxes 6,649,400 6,649,400 6,649,400 - Franchise Fees 9,748,000 9,748,000 9,748,000 - Other Permits & Fees 2,313,500 2,313,500 2,313,500 - Intergovernmental Revenues 23,141,960 23,141,960 23,285,629 143,669 Charges for Services 15,290,960 15,290,960 15,290,960 - Judgments, Fines & Forfeitures 1,184,000 1,184,000 1,184,000 - Miscellaneous Revenues 2,375,800 2,375,800 3,918,949 1,543,149 Transfers In 11,100,610 11,100,610 11,100,980 370 Other Financing Sources - - - - Transfer (to) from Reserves - 288,370 288,370 (697,689) (986,059) Total, General Fund 147,850,630 288,370 148,139,000 148,840,129 701,129 Special Revenue Funds: Special Development Fund 17,212,750 - 17,212,750 18,148,650 935,900 Special Program Fund 923,050 - 923,050 2,248,878 1,325,828 Local Housing Asst Trust Fund 539,940 - 539,940 539,940 - Utility & Other Enterprise Funds: Water & Sewer Fund 88,573,700 15,149,390 103,723,090 103,724,266 1,176 Stormwater Utility Fund 18,854,780 - 18,854,780 18,854,780 - Solid Waste & Recycling Fund 26,743,600 - 26,743,600 26,743,600 - Gas Fund 47,617,850 - 47,617,850 47,617,850 - Airpark Fund 325,600 - 325,600 325,600 - Marine Fund 4,675,460 - 4,675,460 5,035,460 360,000 Clearwater Harbor Marina 815,200 - 815,200 815,200 - Parking Fund 6,935,540 - 6,935,540 6,935,540 - Internal Service Funds: Administrative Services Fund 12,387,530 - 12,387,530 12,387,734 204 General Services Fund 5,561,310 - 5,561,310 5,561,516 206 Garage Fund 19,130,890 1,045,730 20,176,620 20,566,842 390,222 Central Insurance Fund 27,172,480 - 27,172,480 27,172,480 - Total, All Funds 425,320,310 16,483,490 441,803,800 445,518,465 3,714,665 EXHIBIT A 2018-19 BUDGET REVENUE Ordinance #9266-19 First Quarter Original Amended Budget Budget 2018/19 2018/19 Amendments General Fund: City Council 383,990 383,990 - City Manager's Office 1,087,350 1,087,380 30 City Attorney's Office 1,746,160 1,746,160 - City Auditor's Office 230,950 230,962 12 CRA Administration 410,030 410,057 27 Economic Development & Housing Svc 1,921,310 1,921,310 - Engineering 7,991,460 7,991,460 - Finance 2,584,870 2,585,047 177 Fire 27,641,780 28,449,354 807,574 Human Resources 1,521,310 1,521,386 76 Library 7,439,790 7,439,790 - Non-Departmental 14,239,940 14,133,125 (106,815) Official Records & Legislative Svcs 1,123,770 1,123,818 48 Parks & Recreation 29,846,370 29,846,370 - Planning & Development 6,151,040 6,151,040 - Police 42,351,890 42,351,890 - Public Communications 1,170,840 1,170,840 - Public Utilities 296,150 296,150 - Total, General Fund 148,139,000 148,840,129 701,129 Special Revenue Funds: Special Development Fund 16,075,130 16,111,030 35,900 Special Program Fund 898,050 2,223,878 1,325,828 Local Housing Asst Trust Fund 539,940 539,940 - Utility & Other Enterprise Funds: Water & Sewer Fund 103,723,090 103,724,266 1,176 Stormwater Utility Fund 18,854,780 18,854,780 - Solid Waste & Recycling Fund 26,273,760 26,273,760 - Gas Fund 44,708,470 44,708,470 - Airpark Fund 304,940 304,940 - Marine Fund 4,395,110 5,015,110 620,000 Clearwater Harbor Marina 815,110 815,110 - Parking Fund 5,395,890 5,492,284 96,394 Internal Service Funds: Administrative Services Fund 12,223,350 12,223,554 204 General Services Fund 5,561,310 5,561,516 206 Garage Fund 20,176,620 20,566,842 390,222 Central Insurance Fund 27,151,320 27,151,320 - Total, All Funds 435,235,870 438,406,929 3,171,059 EXHIBIT A (Continued) 2017-18 BUDGET EXPENDITURES Ordinance #9266-19 ORDINANCE NO. 9267-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, TO REFLECT A NET INCREASE OF $5,811,509 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2019 was adopted by Ordinance No. 9195-18; 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. 9195-18 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter 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 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 First Qtr. Original Amended Budget Budget 2018/19 2018/19 Amendments Police Protection 400,000 400,000 - Fire Protection 4,721,010 4,732,010 11,000 Major Street and Sidewalk Maintenance 7,071,260 7,071,260 - Intersections 315,410 315,410 - Parking 390,500 390,500 - Miscellaneous Engineering 41,500 41,500 - Park Development 13,036,110 18,510,070 5,473,960 Marine Facilities 1,096,000 1,096,000 - Airpark Facilities 1,225,000 1,225,000 - Libraries 226,500 226,500 - Garage 7,695,970 8,085,970 390,000 Maintenance of Buildings 3,390,000 3,773,085 383,085 Miscellaneous 1,135,000 1,135,000 - Stormwater Utility 7,148,350 7,148,350 - Gas System 5,850,000 5,850,000 - Solid Waste & Recycling 625,000 625,000 - Sewer System 34,107,770 33,963,207 (144,564) Water System 8,317,750 8,015,778 (301,972) TOTAL PROJECT EXPENDITURES 96,793,130 102,604,639 5,811,509 GENERAL SOURCES: General Operating Revenue 12,862,330 13,245,415 383,085 Road Millage 3,044,520 3,044,520 - Penny for Pinellas 11,463,460 11,463,460 - Multi-Modal Impact Fee 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 - Recreation Facility Impact Fee - 35,900 35,900 Special Program Fund 130,000 130,000 - Grants - Other Agencies 960,000 6,360,000 5,400,000 Other Governmental 804,000 840,585 36,585 Insurance Proceeds - 38,060 38,060 Donations 50,000 50,000 - Ordinance # 9267-19 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 First Qtr. Original Amended Budget Budget 2018/19 2018/19 Amendments SELF SUPPORTING FUNDS: Marine Revenue 430,000 430,000 - Clearwater Harbor Marina Revenue 146,000 146,000 - Airpark Revenue 25,000 25,000 - Parking Revenue 450,500 450,500 - Water Revenue 6,267,200 6,267,200 - Sewer Revenue 24,518,850 24,518,850 - Water Impact Fees 160,000 160,000 - Sewer Impact Fees 24,920 24,920 - Utility R&R 9,844,550 9,844,550 - Stormwater Utility Revenue 7,148,350 7,148,350 - Gas Revenue 5,850,000 5,850,000 - Solid Waste Revenue 525,000 525,000 - Recycling Revenue 100,000 100,000 - Grants - Other Agencies - (483,122) (483,122) INTERNAL SERVICE FUNDS: Garage Revenue 1,268,470 1,658,470 390,000 General Services Revenue 100,000 100,000 - Administrative Services Revenue 675,000 675,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 789,330 800,330 11,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 806,000 806,000 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 6,327,500 6,327,500 - Lease Purchase - General Services 65,000 65,000 - Lease Purchase - Administrative Services 390,000 390,000 - TOTAL ALL FUNDING SOURCES:96,793,130 102,604,639 5,811,509 Ordinance # 9267-19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5876 Agenda Date: 3/21/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to JW Harris Contractors, Inc., in the amount of $4,500,000, with the option for three, one-year term extensions to provide the installation of natural gas mains and service lines and authorize the appropriate officials to execute same. SUMMARY: JW Harris Contractors, Inc., located at 3448 Crystal Springs Rd, Zephyrhills, FL, was the lowest and most responsive bidder for Invitation to Bid (ITB) 25-19. JW Harris currently holds the contract for the installation of gas mains and service lines and has performed satisfactory work for Clearwater Gas System (CGS) over the last year. JW Harris has also provided a Performance Bond and Proof of Insurance for the period April 1, 2019 through March 31, 2020. APPROPRIATION CODE AND AMOUNT: CGS has budgeted funds available in account codes 3237323-96378 ($3,000,000) Pasco New Mains and Service Lines and 3237323-96377 ($1,500,000) Pinellas New Mains and Service Lines. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/20/2019 EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 This CONTRACT made and entered this day of April, 2019, by and between the CITY OF CLEARWATER, FL (d/b/a Clearwater Gas System), a municipal corporation of the State of Florida, 400 North Myrtle Avenue, Clearwater, FL, hereinafter called “CGS”, and JW HARRIS CONTRACTORS, INC., having hereinafter called the "CONTRACTOR". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successor, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by CGS and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools, electronics, devices and equipment for the following: “Installation of Natural Gas Main, Service Lines and House Piping Services” As defined in Bid 25-19 in the amount of $4,500,000 In accordance with such proposal and such other special provisions and drawings, if any, which will be submitted by CGS, together with any advertisement, instructions to bidder, general conditions, 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 CGS, the provision of the services including but not limited to those services as described in Invitation to Bid #25-19, attached hereto as Exhibit “A” and incorporated herein. 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 CGS, 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. CGS shall recover all costs of such remedial action from the contractor for their failure to perform. 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 CGS AS A RESULT OF THE CONTRACTOR’S ACTIVITIES OR RELATED DEFICIENCIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD CGS 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 CGS 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. UNLESS SUCH CLAIMS ARE A RESULT OF THE CITY’S NEGLIGENCE. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE OR MODIFY THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, OR THE DOCTRINE OF SOVEREIGN IMMUNITY. INSURANCE REQUIREMENTS The Contractor 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 Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 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 $2,000,000 (two million dollars) per occurrence and $4,000,000 (four million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c.Unless waivedbytheState of Florida andproofof waiver isprovided totheCity,statutory Workers’ CompensationInsurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million 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. d.Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Contractor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. e.Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim's made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a.Prior to theexecutionof this Agreement,and thenannually upon theanniversarydate(s) of the insurance policy’srenewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forthabove and naming the Cityas an “Additional Insured” on the Commercial General LiabilityInsurance, to include coverage for Productsand Completed Operations, and Commercial AutomobileLiabilityInsurance. Inaddition whenrequested in writing fromthe City,Contractor will provide theCitywithcertified copiesofall applicablepolicies.The address where suchcertificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department P.O. Box 4748 Clearwater, FL 33758-4748 b.Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c.Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’snegligence. d.Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: 1.The initial term of this agreement shall begin April 1, 2019 and terminate on March 31, 2020. Thereafter, this agreement may be renewed for three (3), one-year term extension. Any amendment must be made in writing and agreed to by both parties. EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 2.The Contractor agrees to receive the compensation/rates stated in the bid proposal, in full compensation for furnishing tools, equipment and labor necessary to perform the Installation of Gas Mains, Service Lines and House Piping within CGS’s Service Territory. CGS and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. UNLESS SUCH CLAIMS ARE A RESULT OF THE CITY’S NEGLIGENCE. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE OR MODIFY THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, OR THE DOCTRINE OF SOVEREIGN IMMUNITY. Any increase or decrease in compensation shall be effective only when incorporated in a written amendment to this Contract, executed by the Parties hereto. 3.To prevent disputes, it is agreed by and between the parties to this Contract that CGS or its authorized representative shall in all cases determine the quality and quantity of the work to be paid for under this Contract, and CGS shall determine questions in relation to lines, levels and dimensions of work. 4.Payment shall be made in accordance with provisions as outlined. Contractor shall render invoices and statements to CGS on a monthly basis. Each statement shall be paid under the guidelines of FL State Statute 218 (Florida Prompt PaymentAct). Mail Invoices To:Clearwater Gas System Attn: Accounts Payable 400 N. Myrtle Ave Clearwater, FL 33755 5.The Contract Documents shall consist of all sections contained in Bid 25-19, attached hereto as Exhibit A. All of which are familiar to the Contractor and which are hereby incorporated herein by reference. 6.This agreement, together with these documents, forms the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. 7.Contractor shall at all times furnish adequate tools, testing supplies, appliances, equipment, a sufficient number of properly OQ certified skilled workmen (as defined in the ITB), and a sufficient amount of materials and supplies of proper quality to efficiently andpromptlyprosecute the workprovided for hereinand shall promptlypay forall material purchasedand shallpay all workmen each week, and if required by CGS, shall obtain and furnish CGS weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply CGS weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by CGS, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of theContractor. 8.Contractor employees and their subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” with mandatory knowledge, skillandabilities, trainingtobe completedby April1, 2019. The contractor muststatein writingthattheir Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. OQ and all Training Documentation shall be furnished upon request. The Contractor’s Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a 5 year period. Failure to provide proof of Operator Qualification compliance, and successful maintenance will disqualify the bidder from performance of the awarded bid. Training records shall be made available to CGS forauditing. 9.The Contractor agrees that it has in place, or will implement a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199.A copyof the Alcohol andDrug Testing Programhas been included inthe response to theInvitation to Bid. The contractor will also furnish quarterly statistical reports to CGS to show activecompliance. EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 10.Should the Contractor default in any of the provisions of this contract and CGS employs an attorney to enforce or construe any provision hereof or to collect damages for breach of theagreement or to recover on anybonds provided for herein, the Contractor and/or his surety agree to pay CGS such reasonable attorney's fees as CGS may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 11.The undersigned Contractor has carefullyreviewed and familiar all contract documents, and isresponsible for having heretofore, or shall be responsible at such time as it becomes necessary, examined the location and route of all proposed work, and is satisfied as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the price which he has bid and the price of this contract all costs pertaining to the work. 12.This contract shall not be construed for or against any party because that party wroteit. 13.The Contractor and CGS for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. Assignment by the Contractor of any portion or all of this Contract or Contractor’s obligationsand rights under this Contract shall not be effective without the written or email consent of CGS, which, may be withheld at CGS’s discretion. 14.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 payor other forms of compensation; and selection for training, includingapprenticeship. 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-discriminationclause. 15.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. 16.It is mutually agreed between the parties hereto that time is of the essence of this contract, particularly in light of the mandatory timeframes as set forth in Florida Statute 556 (Underground Facility Damage Prevention and Safety Act), as may be amended from time to time, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that CGS 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 CGS has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perfor m all work within the time period as specified in this contract or CGS may terminate this Contract immediately, being obligated to Contractor only for compensation duly earned for work completed, minus any amounts provided for in thisparagraph. 17.It is further mutually agreed between CGS and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that CGS shall at any time deem the surety or sureties upon such performance bond to be unsatisfactoryor if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at its own expense, within ten (10) days after receipt of written, or email, notice from CGS 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 CGS. 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. 18.NOTICES AND CHANGES OF ADDRESS Any notice requires or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered, or emailed, to such party at the contact information as indicated below (or at such other address as such party shall specify to the other party in writing/email), or on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 COMPANY INFO Name Title Address: Telephone # Facsimile # Email: Clearwater Gas System (CGS) Brian Langille Name AssistantDirector Title 400 N Myrtle Ave Clearwater, Florida 33755 727-562-4911 Telephone # 727-562-4902 Facsimile # Email: brian.langille@clearwatergas.com 19.TERMINATION OF CONTRACT If Contractor shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and Contractor shall be paid only for work completed. 20.CONFORMANCE WITH LAWS Contractor agrees to comply with all applicable federal, state and local laws during the life of this Contract, including but not limited to Florida Statute 556 under which a material portion of this Contract will be fulfilled. 21.GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. EXHIBIT A: CONTRACT Natural Gas Mains and Service Line Installation ITB #25-19 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Contract, in duplicate, the day and year first above written. (CONTRACTOR SEAL)JW HARRIS CONTRACTORS, INC. By: Name: Title: ___ Witness for the Contractor CITY OF CLEARWATER, FLORIDA Countersigned: By: George N. Cretekos William B. Horne, II Mayor City Manager APPROVED AS TO FORM:ATTEST: By: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk v. 11.2018 Purchasing Office 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #25-19 Natural Gas Main, Service Lines, and House Piping Installation Services January 29, 2019 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 28, 2019 to provide to provide Natural Gas Main, Service Lines, and House Piping Installation Services. Brief Description: The Clearwater Gas System (CGS) seeks qualified bidders to provide all labor, incidental items, and equipment necessary for natural gas main, service lines, and house piping installation services. All primary materials will be provided by CGS. Bids 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. Bid packets, any exhibits and addenda are available for download at: http://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, exhibits, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Natural Gas Line Installation 2 ITB #25-19 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. 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 bid. 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 bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 28, 2019 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids 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, bids are available for inspection by contacting Purchasing. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. 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 bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes, amount equal to annual contract award 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 INSTRUCTIONS Natural Gas Line Installation 3 ITB #25-19 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT BIDS 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 Bids will be received at this address. Bidders may mail or hand-deliver bids. 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 bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder 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. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. 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 bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 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 bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, 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 bid 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 bid be submitted. The bid 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 bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating 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 bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS Natural Gas Line Installation 4 ITB #25-19 i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid 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 bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid 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 bidder shall include a letter with its bid 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 the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids 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 bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter 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 bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy 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 the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.20 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 INSTRUCTIONS Natural Gas Line Installation 5 ITB #25-19 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. If any discrepancy exists between this Section 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 Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas Line Installation 6 ITB #25-19 i.21 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder 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 bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder 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 bidder’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) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder 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 bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/bid to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: January 29, 2019 Advertise Tampa Bay Times: January 30, 2019 Bids due: February 28, 2019 Review bids: February 28- March 8, 2019 Award recommendation: March 8, 2019 Council authorization: March 21, 2019 Contract begins: March 25, 2019 STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 7 ITB #25-19 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 STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 8 ITB #25-19 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. 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. 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. 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. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 9 ITB #25-19 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 Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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 recording 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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. 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 STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 10 ITB #25-19 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 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. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 11 ITB #25-19 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 the City’s Purchasing Policy 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. 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. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 12 ITB #25-19 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 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes 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 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. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 13 ITB #25-19 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 (Owner) and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 14 ITB #25-19 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 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 in the State of Florida 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 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. STANDARD TERMS AND CONDITIONS Natural Gas Line Installation 15 ITB #25-19 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 Natural Gas Line Installation 16 ITB #25-19 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 a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. CGS has approximately 950 miles of distribution gas mains that operate between 8 – 60 pounds per square inch (PSI) and handles the supply and distribution of both natural and propane (LP) gas throughout Northern Pinellas County and Western Pasco County. As a mid-size utility company serving more than 25,000 customers, CGS is recognized as a leader in the natural and propane gas industry. CGS is regulated for safety by the Florida Public Service Commission and the Federal Pipeline Hazardous Material Safety Administration. Since 1923, CGS has provided clean, safe, reliable, economical gas service to the Florida Suncoast Community which it is privileged to serve. CGS prides itself in being a competitive and public service-minded utility provider. The awarded Contractor will work independently to complete the services for CGS, with minimal assistance or supervision from CGS. The following documents are attached to the Invitation to Bid: Exhibit A: Sample Contract Exhibit B: Special Terms & Conditions Exhibit C: Technical Specifications Exhibit D: Clearwater Gas System- Overview Exhibit E: Sample Door Hanger 3. SCOPE OF WORK. A. Service Requirements: 1. The work to be performed under this contract includes the furnishing of all labor, incidental materials (Primary materials including pipe, fittings, tees, meters, valves, etc. will be provided by Clearwater Gas System), equipment, and administrative paperwork, necessary to satisfactorily complete: • Installation of natural gas distribution mains and service lines, including meter set, excess flow valves, testing, pigging, purging, connecting to gas main, final gassing and restoration • Written logs, as-built drawing of gas main and service line piping installations, pressure test charts • Directional drilling bore logs • Provide all meter/customer piping connections • Applicable turn-on and meter set paperwork • Testing of customer’s piping with documentation and establishment/ reestablishment of gas service • All gas joining equipment to be used, including nitrogen gas purging, shall be certified by CGS DETAILED SPECIFICATIONS Natural Gas Line Installation 17 ITB #25-19 to be in good working condition • Include all necessary construction, pre-site survey, 811 locates & customer notifications, basic signs and cones, verify utility locations, install pipe, fittings, valves, end fittings for air test, connections to live gas main, and purging and site restoration in order to provide a complete main or service line installation ready for the transportation of natural gas according to Clearwater Gas System’s Construction Manual 2. Gas Main and Service line installation may include the following materials: • Various piping, to include PE and Steel • PE tapping tees, 3-way tees, weld tees, or smaller tapping tees, stop cock, riser • Gas meters, regulators, valves, and valve boxes, valve box concrete rings • Fittings, tracer wire, test stations, line marker, poles, barricades, bumper poles • MOT signage-maintenance required per FDOT specifications for traffic control 3. All workmanship shall be fully guaranteed for a period of one (1) year after date of acceptance by the Owner. All Testing shall be paid by the Contractor. All Professional Surveying and job stake out including placement elevations shall be paid by the Contractor. 4. All ditch lines and bell holes must be machine compacted to approved density. Required environmental protection, such as the installation of silt fencing adjacent to wet lands and placement of straw bales or similar approved devices at storm inlets. 5. In the event it becomes necessary to continue work beyond the normal hours of operation, the contractor will obtain approval from CGS, a minimum of two (2) working days in advance, except for an emergency condition when notification is required as soon as possible. The contractor agrees to pay CGS inspection after-hours expenses, prior to CGS releasing the project for service and authorizing payment for completed work. B. PE- Underground Exterior House Piping: The work to be performed shall include piping from outlet side of meter set to the exterior appliances or house piping stub. Will include risers on each end, stop cock, valves and miscellaneous fittings. Must be noted as House Piping on all invoices. Air test at 15 pounds per square inch (PSI) for 24 hours required for final approval and tagged with pressure, date and time. Must be a licensed Plumber or LP/ Natural Gas contractor and qualified in this discipline. Contractor is responsible for all code deficiencies and must furnish payment for code violations, such as loss of pressure test, improper depth, no tracer wire, etc. Underground house piping installation also includes the placement and installation of temporary sight (4” PE) tubes for inspectional purposes. C. Above Ground Exterior House Piping Meter Connect: The work to be performed includes the contractor furnishing all necessary labor, tools, equipment, incidental materials, supplies, electric power, and essential customer communication and other operations necessary for the modification of existing natural gas house plumbing to accommodate relocation of gas meters. The work also includes: obtaining required permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer piping from a new location and subsequent integrity pressure testing (drop test utilizing a manometer) of the entire consumer-owned gas plumbing system and passing required inspections. The requirement also extends to completing and submitting the required gas service account, meter card and integrity testing paperwork timely. CGS will require the reestablishing of the gas service and relighting the applicable appliances that DETAILED SPECIFICATIONS Natural Gas Line Installation 18 ITB #25-19 pass the integrity pressure test. Contractor shall immediately notify CGS dispatcher of the “on gas” and complete the required paperwork, including the drop test form, and submit, no later than the following business day. The contractor shall also notify gas dispatch (727-462-6633) immediately of any gas account that does not pass the integrity test or where access to premise is unavailable. In such cases, the contractor will provide afterhours turn on service. The work shall be complete and performed in strict accordance with the Technical and Detailed Specifications (see Exhibit C: Technical Specifications), and in compliance with all applicable codes, CGS requirements, Florida Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipefitters and plumbers shall be thoroughly trained and experienced in the skill set required and shall be completely familiar with the design and application of work described. All applicable plumbing and gas pipefitters licensing documents shall be furnished to CGS. D. Resident Notification Performed by Contractor: The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction and the Contractor performing the work: CGS logo (to be provided to Contractor); the scheduled start date; the type of construction; general sequence and scheduling of construction events; Contractor’s name; Contractor’s address; Contractor’s phone number; and Managers’ name. A sample door hanger is attached to this document (see Exhibit E: Sample Door Hanger) and shall be printed on brightly colored card stock and a minimum of 4 ¼” x 11” in size. A sample door hanger including proposed language shall be approved by CGS prior to the start of construction. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor’s activities no later than two (2) days prior to start of construction. “Directly affected by Contractor’s activities” shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start without proper two (2) day notice period to residents. Contractor is also required to maintain sufficient staff to answer resident inquiries during normal business hours and to maintain message recording equipment to receive resident inquiries after business hours. Contractor Manager and Supervisor emergency contact phone number shall be provided, maintained and answered 24 hours a day, 365 days a year; updates shall be provided as necessary to the CGS Dispatch and CGS inspector personnel. E. Site Conditions: Any information on site or soil conditions made available to the contractor through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil or groundwater conditions at the job site, be accepted as a basis in any claim for extra compensation. It is recommended that Bidder review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performed, or affect the equipment, materials, and labor required. The Bidder shall carefully evaluate the service area and the specifications, conditions, and requirements of this Invitation to Bid. No additional allowances shall be made because of lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas Line Installation 19 ITB #25-19 F. Approved Materials and Equipment (Articles) Provided by Contractor: Within plans or specifications, any reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the articles so named, and that the bid, if accepted, will constitute a contractual obligation to furnish the standard named articles and no other. To assist the Engineer in making an adequate evaluation in regards to excepted articles, the bidder shall submit with bid at the time they are received, detailed information and data on the articles proposed as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identification, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate articles shall not be purchased or installed by the Contractor without the Engineer's written approval. Any revisions to the Drawings as a result of approved alternate articles shall be at the expense of the Contractor. G. Estimated Quantities: The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work specified to be done under that item. CGS may, at its discretion, assist or supply labor and equipment to complete a task when deemed necessary to maintain system integrity or public safety. In such events, no extra charges shall be incurred by CGS. All work specified or implied in any way in drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. H. Bid Items- Installation costs for: MAIN LINE - PLASTIC ➢ Diameter, 2 inch, 4 inch, 6 inch, and 8 inch; pricing per foot. MAIN LINE - STEEL ➢ Diameter, 2 inch, 4 inch, 6 inch, and 8 inch; pricing per foot. SERVICE LINE – PLASTIC (LUMP SUM, less than 50 FT per location) ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 2 inch, 4 inch; pricing per location SERVICE LINE – PLASTIC (LUMP SUM, 50-100 FT per location) ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 2 inch, 4 inch; pricing per location. SERVICE LINE – PLASTIC (UNIT PRICE, greater than 100 feet per foot) ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 2 inch, 4 inch; pricing per foot. SERVICE LINE - STEEL ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 2 inch, 4 inch, 6 inch, 8 inch, pricing per foot. SERVICE LINE – CUT AND CAP AT MAIN (any material) ➢ Diameter, 2 inch or less per service location. ➢ Must include site restoration. CASING PUSH / MISSILE ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 2 inch; pricing per foot. DETAILED SPECIFICATIONS Natural Gas Line Installation 20 ITB #25-19 JACK AND/OR BORE - STEEL ➢ Diameter, 4 inch, 6 inch, 8 inch; pricing per foot. Boring includes insertion of the carrier pipe within the casing, restoration, cleanup, insulators, end seals, and vent poles. For all bores, payment will be for actual distance of the bore, not to include footage of entrance and exit pits and installation of tracer wire or carrier pipe. DIRECTIONAL BORE - PLASTIC Directional Boring installations shall not exceed four feet (4’) in depth without CGS written approval. ➢ Diameter, 5/8 inch, ¾ inch, 1 inch; 2 inch; 4 inch, 6 inch, 8 inch, 12 inch; pricing per foot. Boring includes insertion of the carrier pipe within the casing, restoration, cleanup, insulators, end seals, and vent poles. For all bores, payment will be for actual distance of the bore, not to include footage of entrance and exit pits and installation of tracer wire or carrier pipe. STEEL-WELD, MECANICAL & PE TAPPING TEES Welder shall be Operator Qualification (OQ) qualified, 3rd party nondestructive tested and CGS destructive tested and certified prior to welding on the Clearwater gas system. ➢ 2 inch Williamson, 5/8 inch Weld Punch Tees, ¾ inch Weld Punch Tees, 1 inch Weld Punch Tees; pricing per each. ➢ Mechanical or PE Fused Service Tee (saddle clamp, saddle tee, PE tee, and wrap around); pricing per each. SOD Sod material provided by Contractor. Sod material will be supplied, placed, watered and maintained for three (3) weeks by Contractor and acceptable to the Right of Way authority. ➢ Bahia / Floratan; pricing per square foot, including all related costs MAINTENANCE OF TRAFFIC (MOT) ➢ Barricades or Signs; pricing per day ➢ Arrow Board; pricing per day ➢ Cones; pricing per day ➢ Class B High Density Dot Lights; pricing per day ➢ Light Plant; pricing per day ➢ Jersey Barricades; pricing per day METER AND REGULATOR INSTALLATION (includes connection to customer house- piping) ➢ Installing Residential & Light Commercial Meters (Meter Set Only); pricing per meter installation. ➢ Above Ground Exterior House Piping and Meter Connect (Includes meter set and connection to customer’s piping system, safety inspection, drop test, relight of customer’s appliances and permits where applicable); pricing per meter installation. DETAILED SPECIFICATIONS Natural Gas Line Installation 21 ITB #25-19 SURFACE RESTORATION Restoration material provided by Contractor. Cut, remove, and/or replace. ➢ Asphalt; pricing per cubic foot. ➢ Limerock; pricing per cubic foot. ➢ Concrete; pricing per cubic foot. ➢ Shell, pricing per cubic foot. ➢ Brick / Paver removal; pricing per square foot. ➢ Brick/ Paver replacement; pricing per square foot. ➢ Seed and mulch; pricing per square foot. ➢ Flowable Fill; pricing per cubic foot. PIPE REMOVAL ➢ Diameter, 2 inch, 4 inch, and 6+ > inch; pricing per foot. PE – UNDERGROUND EXTERIOR HOUSE PIPING ➢ Diameter, 5/8 inch, ¾ inch, 1 inch, 1 ¼ inch, 2 inch, 4 inch, 6 inch; pricing per foot. ➢ PE Fused Service Type Tap Tees; pricing per each. ➢ 3-way PE Tees; pricing per each. OTHER PAY ITEMS ➢ As itemized on bid pages OTHER SERVICES ➢ Hourly and Overtime Rates 4. MINIMUM QUALIFICATIONS. Bidder shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Bidder shall be properly licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Bidders shall have successfully completed two (2) contracts for similar work during the past three (3) years, in an amount comparable to the amount of the proposed bid total. B. Bidders' employees and subcontractors (CGS approved) must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” (OQ) with mandatory knowledge, skill and abilities, training to be completed by March 1, 2016. OQ. and all training documentation shall be furnished, via email, upon request. The Contractor shall provide prior to starting work and updating quarterly "Resume of Experience" for key employees. The Contractor must state in writing that their Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. All OQ Training Documentation records shall be furnished upon request. The Contractor’s Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be kept for a five (5) year period. Failure to provide proof of Operator Qualification compliance, and successful maintenance will disqualify the bidder from consideration for the award of this bid. Training records shall be made available to CGS for auditing upon request. DETAILED SPECIFICATIONS Natural Gas Line Installation 22 ITB #25-19 C. The Bidder confirms that it has in place or will implement a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded bidder will furnish quarterly statistical reports to CGS’s Operations Manager, or designee, to show active compliance. A copy of the Alcohol and Drug Testing Program will be included in the response to this Invitation to Bid. D. Vendor shall attest to comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall comply with OSHA 1926 Subpart P Excavation, the State of Florida Trench Safety Act and the City of Clearwater Trench Safety Regulations during the term of the Contract. 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 $2,000,000 (two million dollars) per occurrence and $4,000,000 (four million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida 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 $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million 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. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. e. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim’s made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration DETAILED SPECIFICATIONS Natural Gas Line Installation 23 ITB #25-19 as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 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 Auto Liability policies. 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, ITB #25-19 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 Natural Gas Line Installation 24 ITB #25-19 1. BEGINNING AND END DATE OF INITIAL TERM. April 2019 through March 2020. 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. 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. Three (3), one (1) year renewals 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 bid. 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 bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for Non-Residential Construction Trades, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Natural Gas Line Installation 25 ITB #25-19 1. BID SUBMISSION. Submit one (1) signed original bid and one (1) electronic copy of the bid in a sealed container. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid pricing form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form Vendor Information forms Offer Certification form Scrutinized Businesses forms Drug and Alcohol training program information Proof of Operator Qualification Compliance Written statement affirming Bidder’s conformance with minimum qualifications BID PRICING Natural Gas Line Installation 26 ITB #25-19 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Installation of Natural Gas Main, Service Lines, and House Piping to the City of Clearwater at the price(s) stated below. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) MAIN LINES – PLASTIC 1 2 INCH $ Per Foot 65,000 $ 2 4 INCH $ Per Foot 20,000 $ 3 6 INCH $ Per Foot 5,000 $ 4 8 INCH $ Per Foot 1,000 $ MAIN LINES – PLASTIC TOTAL: $ Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) MAIN LINES – STEEL 5 2 INCH $ Per Foot 1,000 $ 6 4 INCH $ Per Foot 1,000 $ 7 6 INCH $ Per Foot 1,000 $ 8 8 INCH $ Per Foot 1,000 $ MAIN LINES – STEEL TOTAL: $ Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SERVICE LINES – PLASTIC (LUMP SUM) Less than 50 feet per location 9 5/8 INCH $ Per Location 400 $ 10 3/4 INCH $ Per Location 400 $ 11 1 INCH $ Per Location 100 $ 12 2 INCH $ Per Location 50 $ 13 4 INCH $ Per Location 50 $ SERVICE LINES – PLASTIC TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 27 ITB #25-19 Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SERVICE LINES – PLASTIC (LUMP SUM) 50-100 feet per location 14 5/8 INCH $ Per Location 400 $ 15 3/4 INCH $ Per Location 400 $ 16 1 INCH $ Per Location 100 $ 17 2 INCH $ Per Location 50 $ 18 4 INCH $ Per Location 50 $ SERVICE LINES – PLASTIC TOTAL: $ Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SERVICE LINES – PLASTIC (UNIT PRICE) Greater than 100 feet per location 19 5/8 INCH $ Per Foot 30,000 $ 20 3/4 INCH $ Per Foot 30,000 $ 21 1 INCH $ Per Foot 9,000 $ 22 2 INCH $ Per Foot 7,000 $ 23 4 INCH $ Per Foot 750 $ SERVICE LINES – PLASTIC TOTAL: $ Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SERVICE LINES – STEEL 24 5/8 INCH $ Per Foot 100 $ 25 3/4 INCH $ Per Foot 100 $ 26 1 INCH $ Per Foot 200 $ 27 2 INCH $ Per Foot 1,000 $ 28 4 INCH $ Per Foot 500 $ 29 6 INCH $ Per Foot 500 $ 30 8 INCH $ Per Foot 500 $ SERVICE LINES – STEEL TOTAL: $ Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SERVICE LINE – CUT AND CAP at MAIN 31 2 INCH Service line or less $ Per Location 500 $ SERVICE LINE – CUT and CAP at MAIN TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 28 ITB #25-19 Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) CASING PUSH / MISSILE 32 5/8 INCH $ Per Foot 6,000 $ 33 3/4 INCH $ Per Foot 6,000 $ 34 1 INCH $ Per Foot 4,000 $ 35 2 INCH $ Per Foot 15,000 $ CASING PUSH / MISSILE TOTAL: $ Vendor Name Date: Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) JACK AND / OR BORE – STEEL 36 4 INCH $ Per Foot 500 $ 37 6 INCH $ Per Foot 500 $ 38 8 INCH $ Per Foot 500 $ JACK AND / OR BORE - STEEL TOTAL: $ Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) DIRECTIONAL BORE – PLASTIC 39 5/8 INCH $ Per Foot 7,000 $ 40 3/4 INCH $ Per Foot 7,000 $ 41 1 INCH $ Per Foot 4,000 $ 42 2 INCH $ Per Foot 25,000 $ 43 4 INCH $ Per Foot 1,500 $ 44 6 INCH $ Per Foot 1,000 $ 45 8 INCH $ Per Foot 500 $ 46 12 INCH $ Per Foot 500 $ DIRECTIONAL BORE – PLASTIC TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 29 ITB #25-19 Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) STEEL-WELD, MECHANICAL & PE TAPPING TEES 47 2 INCH, WILLIAMSON $ Each 100 $ 48 5/8 INCH, WELD PUNCH TEE $ Each 75 $ 49 ¾ INCH WELD PUNCH TEE $ Each 75 $ 50 1 INCH, WELD PUNCH TEE $ Each 50 $ 51 MECHANICAL or PE FUSED SERVICE TEE $ Each 1,000 $ STEEL-WELD, MECHANICAL & PE TAPPING TEES TOTAL: $ Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SOD- Sod material provided by Contractor 52 BAHIA / FLORATAN SOD $ Per Sq. Foot 150,000 $ SOD TOTAL: $ Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) MAINTENANCE OF TRAFFIC (MOT) 53 BARRICADES OR SIGNS $ Per Day 500 $ 54 ARROW BOARD $ Per Day 25 $ 55 CONES $ Per Day 500 $ 56 CLASS B HIGH DENSITY DOT LIGHTS $ Per Day 15 $ 57 LIGHT PLANT $ Per Day 30 $ 58 JERSEY BARRICADES $ Per Day 25 $ MAINTENANCE OF TRAFFIC TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 30 ITB #25-19 Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) METER AND REGULATOR INSTALLATION (includes connection to customer house-piping) 59 250 CFH DIAPHRAGM $ Per Set 650 $ 60 425-630 CFH DIAPHRAGM $ Per Set 250 $ 61 800 CFH DIAPHRAGM $ Per Set 100 $ 62 1,000 OR GREATER DIAPHRAGM $ Per Set 50 $ 63 3M ROTARY $ Per Set 75 $ 64 5M ROTARY $ Per Set 25 $ 65 7M ROTARY $ Per Set 10 $ 66 11M ROTARY $ Per Set 10 $ METER AND REGULATOR INSTALLATION TOTAL: $ Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) SURFACE RESTORATION- Restoration material provided by Contractor 67 ASPHALT $ Per Cubic Ft. 10,000 $ 68 LIMEROCK $ Per Cubic Ft. 5,000 $ 69 CONCRETE $ Per Cubic Ft. 12,000 $ 70 SHELL $ Per Cubic Ft. 500 $ 71 BRICK / PAVER REMOVAL $ Per Sq. Ft. 2,000 $ 72 BRICK / PAVER REPLACEMENT $ Per Sq. Ft. 2,000 $ 73 SEED AND MULCH $ Per Sq. Ft. 10,000 $ 74 FLOWABLE FILL $ Per Cubic Ft. 5,000 $ SURFACE RESTORATIONS TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 31 ITB #25-19 Item No. Diameter Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) PIPE REMOVAL 75 2 INCH $ Per Foot 1,500 $ 76 4 INCH $ Per Foot 1,500 $ 77 6 INCH and GREATER $ Per Foot 1,500 $ PIPE REMOVAL TOTAL: $ Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) PE – UNDERGROUND EXTERIOR HOUSE PIPING 78 5/8 INCH $ Per Foot 3,000 $ 79 3/4 INCH $ Per Foot 3,000 $ 80 1 INCH $ Per Foot 3,000 $ 81 1 ¼ INCH $ Per Foot 8,000 $ 82 2 INCH $ Per Foot 8,000 $ 83 4 INCH $ Per Foot 4,000 $ 84 6 INCH $ Per Foot 4,000 $ 85 PE FUSED SERVICE TYPE TAP TEES $ Each 1,000 $ 86 3-WAY PE TEES $ Each 200 $ PE – UNDERGROUND EXTERIOR HOUSE PIPING TOTAL: $ Vendor Name Date: BID PRICING Natural Gas Line Installation 32 ITB #25-19 Item No. Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price (C = A x B) OTHER PAY ITEMS 87 LP TANK / METER PROTECTION $ Per Pole 100 $ 88 METER PROTECTION $ Per Pole 100 $ 89 DENSITY (includes testing) $ Per Sq. Ft. 5,000 $ 90 SHORING $ Per Linear Ft. 1,000 $ 91 INSTALLATION OF WELL POINT HEADER PIPE $ Per Well Point 1,000 $ 92 WELL POINT RUNNING TIME $ Per Hour 2,000 $ 93 WATER PUMP $ Per Hour 500 $ 94 GROUND PENETRATING RADAR $ Per Hour 100 $ 95 VACUUM LOCATING $ Per Hour 200 $ 96 WELDER & RIG $ Per Hour 100 $ 97 TRACK HOE $ Per Hour 25 $ 98 DUMP TRUCK $ Per Hour 50 $ 99 TRACTOR & TRAILER $ Per Hour 50 $ 100 CONCRETE SAW $ Per Hour 250 $ OTHER PAY ITEMS TOTAL: $ OTHER SERVICES 101 HOURLY RATE FOR OTHER SERVICES (minimum 1 hour charge) $ Per Hour 102 OVERTIME RATE $ Per Hour Vendor Name Date: BID PRICING Natural Gas Line Installation 33 ITB #25-19 DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS Select one choice of payment terms:  Net 30, City of Clearwater’s standard payment terms  2%15, Net 30  _____%10, Net 30 (identify discount not less than 3%)  Procurement card (Bank of America Visa card): o Credit processing fees apply o Invoices under $2,500 paid by department Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Natural Gas Line Installation 34 ITB #25-19 Bidders 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): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid 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 bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Natural Gas Line Installation 35 ITB #25-19 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 bid: 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 INFORMATION Natural Gas Line Installation 36 ITB #25-19 REFERENCES Instructions: The bidder shall submit a minimum of two (2) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: VENDOR INFORMATION Natural Gas Line Installation 37 ITB #25-19 QUALIFICATIONS Instructions: The bidder shall indicate certified staff, as required, below. Additional pages may be added, if needed. Awarded vendor(s) will be required to provide proof of all certifications throughout the contract term. Complete and return with bid submittal. By signing this form, I ___________________________ hereby certify that our Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. Operator Qualification Information: List the Operator Qualification Trainer / Program who will perform or is responsible for direct supervision of the program, minimum one (1). Indicate if an employee needs to be hired. Name Certification No. Date of Certification Maintenance of Traffic Requirement: List the Certified Maintenance of Traffic instructor who will be responsible for MOT requirements services performed within right-of-ways, minimum one (1). Name MOT Certification No. Date of Certification Vendor Name Date: OFFER CERTIFICATION Natural Gas Line Installation 38 ITB #25-19 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting 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; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. 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: SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM Natural Gas Line Installation 39 ITB #25-19 IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID. 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 List, 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 )________________________ (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 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM Natural Gas Line Installation 40 ITB #25-19 THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID. 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 that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; 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 that Boycott Israel List, or engaged in a boycott of Israel. __________________ _______________ 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 )________________________ (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 EXHIBIT D- CLEARWATER GAS SYSTEM OVERVIEW Natural Gas Line Installation 41 ITB #25-19 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #25-19, Installation of Natural Gas Main, Service Lines and House Piping Due Date: February 28, 2019 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 BID Submitted by: Company Name: Address: City, State, Zip: ITB #25-19, Installation of Natural Gas Main, Service Lines and House Piping Due Date: February 28, 2019 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ----------------------------------------------- City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Page 1 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 1. DEFINITIONS. The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications and the Drawings, including all modifications and addenda thereof incorporated in the documents before their execution. These form the Contract. The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership or individual for whom the work is to be performed, or his or their authorized representative or agent. The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents, inspectors and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and specifications of this work or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particular to this project. Written Notice shall be deemed to have been fully served if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the essence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 2. EXTENT OF CONTRACT. The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifications and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessary for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration’s by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Page 2 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 Should anything be omitted from the contract drawings or specifications which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 3. OBLIGATIONS OF CONTRACTOR. The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the necessary materials, labor, supervision, manager, a 24-hour/7 days a week direct reliable communication devices, tools, equipment and appliances, and shall construct, finish, test and purge, connect in a safe, substantial and workmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the work, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein contained, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 4. SUBCONTRACTS. The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall comply with the ASME B31Q Code, which meets the requirements of Federal CFR 49 Part 192 Subpart N, particularly the “Span of Control” ratio which requires the supervision of non-qualified personnel by OQ certified individuals depending on the performance of the covered task 5. SEPARATE CONTRACTS. The owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. Page 3 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. 6. BONDS. The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of award, present himself to the place designated in the official notice of acceptance, for signing of the Contract and the plans, and to substitute for the bid security, a surety performance - payment bond in the amount of thirty percent (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 7. ACCIDENTS AND CLAIMS. The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or property of another resulting from negligence or carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 8. MUTUAL RESPONSIBILITY OF CONTRACTORS. Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 9. CONTRACTOR'S LIABILITY. The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, including losses of associated business revenue resulting from utility damage, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection with this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 10. FAMILIARITY WITH CONTRACT REQUIREMENT. It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general Page 4 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to comply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 11. PERMITS AND LICENSES. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for CGS gas mains and services classified as CGS permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise specified. Contractor will also be responsible for obtaining gas permits related to house piping connections to gas meter if required, and maintenance of appropriate trade licenses to perform the specific scope of work described in this contract, including consumer’s underground house piping and gas meter relocation piping and connections. They also will be noted as contractor of record on the applicable permits and be licensed as a contractor in the disciplines of plumbing or Natural / LP gas contracting in the State of Florida and registered in Pinellas and or Pasco counties to perform all underground house piping related work and meter connections. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 12. LAWS AND REGULATIONS. The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiar with all Federal, State, Local, and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereof. The Contractor shall be licensed and competent in the required discipline of installing gas mains, services, underground customer piping systems and related gas meter connections. 13. PLANS, SPECIFICATIONS AND SHOP DRAWINGS. The specifications are intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called Page 5 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requirements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be corrected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the as built drawings, they shall be promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and specifications. No deviation from the plans and specifications shall be approved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall make any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 14. WORKING SCHEDULES AND PROGRESS CHARTS. The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertake the construction. A schedule will include anticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. All work provided to the contractor, including service lines shall be scheduled within a 72 hour turn around; emergency work will have an immediate response. FDOT, County and Municipal permit utilization right of way and road crossing permit installations shall be prioritized to recover from the delay associated with obtaining the permit. Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end of each month. These progress charts will be used in preparing the monthly estimates to the Owner. The contractor shall furnish an electronic copy of the daily work schedule in advance of the work being done preferably prior to the beginning of the work day. Copies include Construction Inspection, Gas Sales, Dispatch and Senior Accountant. The contractor shall also provide an electronic copy of the daily completed work being done preferably at the end of that work day or the beginning of the next work day. 15. SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR. The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Page 6 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 Contractor shall at all times have an OQ competent superintendent and field supervisors, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good, safe and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from and, (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such portable chemical toilets accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water well or waterway. Portable toilets shall have incorporated therein holding containers which shall be tightly closed and all waste shall be pumped out and transported away from the site of the work weekly and disposed of properly. The portable toilet facilities shall be sanitized weekly and not become a nuisance Any instructions, directions, or orders from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 16. SERVING NOTICE. Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 17. OBSERVATION OF THE WORK. The Owner or his authorized representative-CGS inspector shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. The contractor shall furnish to CGS a daily work schedule and list of all completed jobs. The notification shall be sent before the start of the work day and a distribution list shall be provided with necessary updates. After written Page 7 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 authorization to proceed with the work and the Engineer has been engaged to act as the Owners representative, the Engineer shall: A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in accordance with the plans and specifications. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final payments will be as specified elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents and recommend in writing final payment to the Contractor. 18. EXAMINATION OF THE WORK. The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure to do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Page 8 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 19. PROTECTION OF WORK AND PROPERTY. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as maybe directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passage ways, guard fences, lights, and other facilities for protection required by public authority or local conditions. From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of Page 9 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 said work shall be considered as having been included in the unit prices submitted for the several items of the work to be done under this contract. 20. USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 21. CHANGES IN THE WORK. If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work specified, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of work other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall there by accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul the obligations of the contract or the agreement for the work. Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work shall be classed as extra work. 22. EXTRA WORK / INCREASED COMPENSATION. The Owner may at any time, by a written order, without notice to the Sureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) By unit prices named in contract and subsequently agreed upon. (b) By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. Page 10 of 10 EXHIBIT B- SPECIAL TERMS AND CONDITIONS Natural Gas Line Installation ITB #25-19 23. DEFECTIVE WORK OR MATERIALS. If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Owner as unsuitable, potentially unsafe or improperly done shall be removed and repaired or otherwise remedied by replacement, as the Owner may require. Any defective work regulated by an established OQ covered task shall require the individual, responsible for such failure, to be OQ recertified prior to performing such covered task. If the Contractor shall neglect or refuse to remove or replace defective work or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. Page 1 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 A. GENERAL CONDITIONS T.1 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves and valve boxes; concrete valve rings; fittings; meters & regulators (including associated parts); tracer wire; marker tape; marker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by CGS. The contractor shall provide all other materials necessary to complete the work. The contractor shall be responsible for all materials disbursed, including twice-per-year accurately inventorying such materials. Contractor shall provide a trailer capable of transporting forty feet (40') or longer lengths of polyethylene pipe without damaging pipe. T.2 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, CSX railroad, Army Corps of Engineers permit and the Florida Department of Environmental Protection Dredge and Fill Exemption. The contractor is responsible for obtaining any necessary permits with gas meter relocations and shall be listed as the contractor of record for underground gas house piping installations. T.3 JOINING OF PLASTIC PIPE The Contractor shall provide either a Central, Innogaz or Friatec Universal Electro Fusion Control Box, capable of storing a minimum of one hundred (100) fusion records, pipe alignment clamp, tapping tee alignment clamp, tapping wrench, pipe peeler, and all other tooling specified by the electro fusion machine manufacturer in their respective installation procedures. Contractor shall provide the necessary electric power supply to meet the power requirements as specified by the manufacturer of the fusion equipment. Pipe support stands shall be utilized to support pipe during fusion joining, directional boring pull in, and while lowering of the pipe into the trench. Pipe support stands shall not be spaced greater than fifteen feet (15') apart for directional boring pull in. Pipe shall be supported with stands at all time it is placed on pavement to avoid scratching the pipe surface. The Contractor shall provide a pyrometer capable of testing the temperature of the heating iron, while at fusion temperature, to an accuracy of 0.5%. The fusion temperature of the heating iron shall be verified each morning in the presence of the CGS Inspector. More frequent testing may be required at the discretion of CGS Inspector. Both sides of the heater plates shall be checked for temperature accuracy. Note: All fusion and related equipment must be in good working order and properly maintained during project installation. The CGS will inspect the preceding items and reject those not in compliance. The CGS shall have the right to reject any or all equipment judged inadequate to properly fuse Polyethylene Pipe and its Fittings. B. GENERAL REQUIREMENTS T.4 TRAFFIC CONTROL The Contractor shall be responsible for maintain traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen are used. The Contractor will not be permitted to isolate access to residences or places of business. Traffic on County roads and State highways shall be controlled in accordance with the current standards of the Page 2 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 appropriate agency. The contractor shall only utilize Florida certified Maintenance of Traffic (MOT) personnel when installing and maintaining approved work zone maintenance of traffic devices. No roadway shall be closed without proper advanced notification to Clearwater Gas System and the authority having jurisdiction, such as local police and fire. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work force personnel and the safety of the traveling public for the duration of the construction period. T.5 PROGRESS PHOTOGRAPHS The Contractor shall furnish digital photographs, as directed by the Owner, showing the job, before, during and upon completion of the construction. T.6 STANDARDS Wherever in these Contract documents reference is made to any of the following, or other, specifications, codes, standards, and requirements, by abbreviation or name, it shall be understood that the specifications, codes, standards, and requirements in effect on the date of advertisement for bids shall govern. ASTM American Society for Testing Materials ASME American Society for Mechanical Engineers ASA American Standards Association AWWA American Water Works Association NEMA National Electric and Manufacturers Association AIEE American Institute of Electrical Engineers AASHTO American Association of State Highway and Transportation Officials NBFU National Board Fire Underwriters NEC National Electric Code ACI American Concrete Institute AGA American Gas Association AISC American Institute Steel Construction AWPA American Wood Preservers Association Fed. Spec. Federal Specifications U.S. Government SBC Southern Building Code FDOT Florida Department of Transportation NFPA 54 National Fuel Gas Code IFGC International Fuel Gas Code FBC-FG Florida Building Code Fuel Gas "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. Page 3 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.7 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall comply with OSHA 1926 Subpart P Excavation, the State of Florida Trench Safety Act and the City of Clearwater Trench Safety Regulations. T.8 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. All drill mud and hydraulic oil shall be EPA approved and environmentally friendly. T.9 REPAIR OF DAMAGED SEWER LINES The Contractor shall schedule his work to either minimize or eliminate any by-pass of raw sewage during construction. All damaged sewer lines shall be repaired immediately and upon notification. T.10 TESTS Tests of material, where required by the specifications, shall be paid for by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. Steel Pipe Inspection Radiography Using X-Ray and Gamma Ray on Welds - Radiography is one of the most useful of the non-destructive tests which can be applied for assessing the quality of the welded joints. Radiograph has been used for the inspection of welds of all types and thicknesses ranging from minute welds in electronic components to welds up to half meter thick employed in heavy fabrications. All potential welder operating on CGS facilities shall be weld tested by both destructively and non- destructively methods of evaluation. Welding certification is limited to six (6) months before requalification is required. Radiography can detect flaws or discontinuities in welds such as: (i) Cracks. (ii) Porosity and blow holes. (iii) Slag, flux or oxide inclusions. (iv) Lack of fusion between the weld metal and the parent metal (v) Incomplete penetration T.11 WATER AND ELECTRIC POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main through appropriate metering. The Contractor shall make his own arrangements for electric light and power, as may be required for his work. Electric light, power, and water shall not be utilized from any location without written consent of the property owner. Page 4 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.12 DETOURS The Contractor must so schedule his work that in no case are two (2) adjoining parallel streets closed for utility construction at any time. If, in the opinion of the Owner, a traffic hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and maintaining "Detour" signs when required, or when directed by the Owner. The local fire department and 911 dispatch center shall be notified of any street closures in advance of such closure. T.13 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract; in accordance with OSHA 1926.651. T.14 SANITARY MEASURES Sanitary, portable chemical toilets, conveniences for the use of all persons employed on the worksite shall be provided and maintained by the Contractor in sufficient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations regarding these matters. T.15 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste material. Longer footage jobs shall be restored on a weekly or bi-weekly basis as work is completed to maintain a like new appearance in the completed sections of the project. Attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the final estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and right of ways in a neat and satisfactory condition. T.16 FAILURE TO CLEAN UP Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. Page 5 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.17 RESTORATION OF SURFACE The Contractor shall replace all surface material and shall restore paving with hot asphalt (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks, sound brick, or asphalt paving blocks may be reused. Restoration work should be expedited. T.18 PROJECT RECORD DRAWINGS (AS- BUILTS) The Contractor shall maintain continuous "record" data for the project, including accurate records of location, length, pressure test charts, elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide specific information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. After completion of any portion of the job site, the Contractor shall deliver to CGS a professional drawing of completed work, with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for Gas mains and service lines shall include the location of valves, tees, and offsets dimensions to the nearest permanent object or monument two road centerline measurements. Information to be shown on a submitted as built or service line installation card shall include the distance to the nearest cross street center line, length of service line, measurement from building corner, a north arrow and building number served. The Contractor will be held responsible for the accuracy of such data and shall bear any monetary costs incurred in finding gas utilities as a result of incorrect data furnished by the Contractor. The contractor shall provide all rod sheets associated with directional boring to include cross measurements to entry and exit pits. C. TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS PART 1 - GENERAL T.19 WORK INCLUDED The work included under this Section consists of clearing, excavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. PART 2 - PRODUCTS T.20 BEDDING MATERIAL Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock or similar material as approved by the Owner. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other fine inorganic material as approved by the Owner. T.21 ADDITIONAL BACKFILL MATERIAL Additional backfill material shall be a non-cohesive, non-plastic granular mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocks shall be larger than six inches (6”) in diameter, and when placed within one foot (1’) of piping and appurtenances stones or rocks shall be no larger than two inches (2”) in diameter (one inch [1’] for PVC). Page 6 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.22 ROCK SHIELDING Rock Shield is a flexible padding designed for the protection of the corrosion coating on pipelines when rocky backfill is encountered. Rock Shield shall be placed in all areas where gas mains placement encounter rock type soil conditions that can damage and further impair epoxy coatings or plastic pipelines. PART 3 - EXECUTION T.23 CLEARING The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored, or otherwise protected, preserved, replaced and restored unless otherwise directed by the Owner. T.24 EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substances encountered, to the dimensions and depth shown on the Drawings, or as directed. The contractor shall employ an OSHA 1926 subpart P competent person at each excavation site to promote safe excavation practices. All excavations shall be made by open cut. All existing utilities such as pipes, poles and structures shall be carefully supported and protected from injury, and in case of damage, they shall be restored at no cost to the utility Owner. B. Trench walls shall be kept maintained to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level two feet (2’) above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated material. A substantially and safely constructed movable trench box shield, "box", or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of eight inches (8”) to twelve inches (12”). Where the pipe size exceeds twelve inches (12”), the clearance shall be from twelve inches (12”) to eighteen inches (18”). All pipe trenches shall be excavated to a level eight inches (8”) below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than twelve inches (12”). Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. Page 7 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private property. In congested areas, such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. I. Suitable material in excess of backfill requirements and all unsuitable or contaminated material shall become the property of the Contractor and shall be removed from the work and disposed of by the Contractor at his expense. J. Any unsafe excavation condition observed by CGS shall result in the immediate stoppage of the work operation, until the unsafe condition is mitigated. T.25 REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures are installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction, when approved by CGS. B. The Contractor shall provide all necessary pumps, underdrains, well-point systems, and other means for removing water from trenches and other parts of the work. The Contractor shall continue dewatering operations until the backfill has progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. CGS is not responsible for, or the disposal of, or any associated costs relating to the disposal of any contaminated ground water. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner for approval and shall receive approval before starting the excavation. T.26 PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level eight inches (8”) below the outside bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with approved pipe bedding materials that are free of rock, sharp objects and debris, up to the level of the lower one-third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate support and bearing under the fitting. B. Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specified, shall be backfilled with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no additional cost to the Owner. T.27 TRENCH STABILIZATION No claim for extras or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. Page 8 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.28 BACKFILL A. Backfilling of utility trenches will not be allowed until the work has been approved by the Owner, pressure tested if required, and the Owner indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner shall be uncovered or exposed for inspection at no cost to the Owner. Partial backfill may be made to restrain the pipe during pressure testing. Sight tubes will be installed on underground house piping installations as appropriate intervals for inspection. B. Backfill material shall be non-cohesive, non-plastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within one foot (1’) of piping and appurtenances shall not contain any stones or rocks. C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. D. Selected backfill material containing no stone or rocks shall be placed in six inch (6”) layers and thoroughly tamped to a depth of twelve inches (12”) over the top of the pipe. Attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E. After the backfill has been placed to a level twelve inches (12”) over the gas line pipe, the remainder of the backfill shall be placed in layers, not to exceed nine inches (9”), and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than ninety-five percent (95%) of its maximum density as hereinafter defined, unless otherwise specified on the plans. F. After selected backfill has been placed to a depth of twelve inches (12”) over the gas line pipe, backfilling shall proceed to a depth of thirty inches (30”) over the pipe by placing the backfill material in six inch (6”) layers and thoroughly compacting it with mechanical vibrators. Backfill in this portion of the work shall be compacted to one hundred percent (100%) of maximum density of the material as hereinafter defined, unless otherwise specified on the plans. G. After the backfill has been placed to a level thirty inches (30”) over the gas line pipe, the remainder of the backfill shall be placed in layers, not to exceed nine inches (9”), and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than ninety-five percent (95%) of its maximum density as hereinafter defined, unless otherwise specified on the plans. H. Within paved areas of trench excavation, the base and surfacing shall be reconstructed as specified under Section 02574 Pavement Removal and Replacement. I. No more than eight hundred feet (800’) of trench with pipe in place shall be partially backfilled at any time. J. Shut Down of Work: When work has shut down for each day, all lines shall be capped, sealed, and pressured to ninety (90) pounds with air. When a Project is not immediately tied-in, plug and seal all openings in the pipe and maintain a minimum of ninety (90) pounds of air pressure. If a pipeline is to be abandoned in place, then disconnect the gas supply source, purge all of the gas utilizing nitrogen for all gas lines exceeding one thousand (1,000) linear feet or four inch (4”) pipe size and larger; any length, from the abandoned system, and seal all of the ends. Page 9 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.29 COMPACTION AND DENSITIES A. Methods of control and testing of backfill construction to be employed in this work are: 1. Maximum density of the material in trenches shall be determined by AASHTO Designation T-180, unless otherwise noted. 2. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor’s expense. Tests will be made at depths and locations selected by the Owner. C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. T.30 ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this material shall be performed to protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of the Urban Drainage and Flood Control District Specifications (UDFCDS), Article 3.06 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the Owner and obtain his determination as to whether or not the material will require removal, prior to preparing the pipe bedding. C. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in the UDFCDS Article 3.07 Backfill and Compaction. T.31 ALTERNATE METHOD OF CONSTRUCTION A. General: 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner, may elect to employ the following alternate method of construction. The concurrence of the Owner shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner shall determine. 2. The construction specifications contained in the preceding parts of this section shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory completion of the work. No additional payment will be made to the Contractor for excavation, backfill, sheeting or any costs incurred for work or materials, or any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. Page 10 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accordance with the following specifications. All requirements of UDFCDS Articles 3.01 through 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. T.32 RESTORATION OF EXISTING SURFACES Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. All materials required for temporary and permanent street repairs shall include base materials. PART 4 - MEASUREMENT AND PAYMENT T.33 MEASUREMENT The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.34 PAYMENT Payment for Trenching, Backfilling and Compacting for Utility Systems shall be made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. D. PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL T.35 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shall be responsible for the protection of all types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. Page 11 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 PART 2 - PRODUCTS T.36 MATERIALS Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by current FDOT Specifications. 1. Lime rock shall be Miami or Ocala Lime rock. 2. Bituminous prime coat material shall be cutback asphalt Grade RC-70. 3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2. 4. Hot Asphaltic concrete shall be Type S-I or S-III. 5. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. 6. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A185 and ASTM-A615. PART 3 - EXECUTION T.37 PREPARATION Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, extreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. Contractor shall also make necessary accommodations to provide a safe path for handicap individuals traveling through the work zone, compliant to ADA. T.38 PERFORMANCE A. Removals: 1. Pavement Removal: a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal shall be minimal. b. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until final restoration. Said surfacing shall remain for ten (10) days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to fifteen (15) days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of final restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. 2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a formed joint in the concrete is within three feet (3’) of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. Page 12 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 B. Restorations: 1. General: Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum requirements. Backfill shall comply with the other sections of these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180 field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of twenty-four (24) hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of twenty-four (24) hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient existing material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. The completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. f. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I hot asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. g. Cold patch bagged asphalt is not considered a permanent repair and shall only remain for a period of not exceeding fifteen (15) days, whereupon it shall be replaced with FDOT approved “Hot” asphalt. 3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as specified above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewalks, walkways, driveways, driveway ribbons and curbs required to be removed for the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform to the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of four inch (4”) minimum thickness; concrete driveways and driveway ribbons shall be six inch (6”) minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. Page 13 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or clean fill material and compacted to a thickness to match the existing base. a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner. Provision for expansion joints (minimum ½" preformed joint filler) and saw cut joints shall be a part of the restoration work for the driveway and roadway. 6. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to the limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 7. Non-surfaced streets, alleys and driveways shall be restored with six inches (6”) of compacted lime rock base material placed in the top of the trench. PART 4 - MEASUREMENT AND PAYMENT T.39 MEASUREMENT The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.40 PAYMENT Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. E. NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL T.41 WORK INCLUDED The work specified under this Section consists of all labor, services, equipment, materials, labor, testing, associated paperwork and purging required to complete the construction of the gas mains and services; including meter sets and connection to the consumer’s piping system with integrity testing performed of the customer’ system and reinitiating of gas service; consisting of, but not Page 14 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 limited to, piping, appurtenances and other accessories as shown on the Drawings and or specifications. PART 2 - PRODUCTS T.42 MATERIALS Clearwater Gas System will furnish all gas related material in connection with the installation of gas mains and service lines. Materials will be available for pick-up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary for loading the materials supplied by the City of Clearwater. The CGS will provide only items specifically stated in the contract. The contractor is responsible for all materials obtained and must adhere to the requirements of contractor vehicle and warehouse audits. Contractor will be responsible for all shortages and monetary reimbursement is required. PART 3 - EXECUTION T.43 LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itself. When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be used in such a manner so as not to damage the pipe itself. Pipe shall not be dragged along the ground surfaces. T.44 INSTALLATION A. Installation shall include excavation whether by trenching machine, backhoe, directional drilling, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The word "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, not less than one foot (1’) clearance will be permitted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Trench shall be free of debris, sharp rocks, etc., before adding the sand bed for the new gas main. Sand bed shall have a minimum thickness of four inch (4") below and twelve inches (12”) above the gas main. 2. Before each section of pipe is installed in the line, internal surface shall be suitably clean. 3. The pipeline shall be pigged and safely purged prior to final acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be Page 15 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 closed at night to prevent animals or foreign material from entering the pipe line or pipe section. Extreme care must be exercised when moving plastic pipe, support stands and rollers shall be used when fusing and lowering pipe into the trench or bore hole. POLYETHYLENE PIPE SHALL NOT BE DRAGGED ON THE GROUND OR ON PAVED SURFACES. Support/Stands must be used at all time that pipe is placed on paved surfaces. 5. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not be tolerated. 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum thirty-six inch (36”) depth of cover unless shown otherwise. No gas line shall be installed at a depth of less than thirty-six inches (36”) or greater than forty-eight inches (48”) below finish grade without written approval of the owner. Unless otherwise specified a minimum of twelve inches (12”) vertically and twenty-four inches (24”) horizontally shall be maintained between the pipe surface and other utility lines or adjacent foreign structures. In the event that it is not possible to maintain required vertical clearance from other structures, the Contractor shall case the gas main in steel pipe or plastic sheeting topped with concrete at the discretion of the CGS's inspector. 9. Width of ditch shall be no less than twice the pipe diameter. 10. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. 11. Plastic pipe must be installed so as to minimize shear or tensile stresses. 12. Pipe that has scratches, notches, cuts or any other abrasions that exceed 10% of the pipe wall thickness shall be disposed of. The Contractor shall use pipe stands, rollers, spooling devices, or other means to avoid damaging the pipe during installation. Observe pipe during installation for scratches, gouges or other defects. If defects are present, remove and discard defective section of pipe. The CGS Inspector must be notified of all defects and subsequent repairs. 13. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches and labeled D 2513. 14. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by #12 insulated copper tracer wire installed twelve inches (12”) above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains four inches (4”) or larger shall be marked by four inch (4”) wide non-metallic marking tape installed eighteen inches (18”) above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where five hundred feet (500’) of pipe is laid between valves, empty test station boxes shall be installed over the gas main with tracer wire looped up every five hundred feet (500’). In commercially zoned areas, plastic marker poles with tracer wire looped up and attached may be substituted for gas test station type valve boxes with the inspector's approval. All tracer wire splices shall be made by the use of a direct bury splice kit, electric and duct tape connections are prohibited. Upon completion of the project, and before final payment, the contractor will perform the continuity check of the tracer wire to ensure and demonstrate to the CGS inspector that there are no separations, and the tracer wire can be used for locating purposes. The Page 16 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes, valve box concrete rings, marker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat, with the exception of directional drilling placement. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves, valve boxes, marker poles and test stations that are damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to be flush with final grade. Valves and Valve Boxes: Install valves and valve boxes plumb. All boxes shall be installed flush with the finished grade. Support valve box with prefabricated valve box rings or other approved formed and poured concrete material. Adequate backfill shall be placed around the valve boxes and valve extension boxes to prevent any damage or settlement to the pipeline that may be transferred to the pipe through the valve box. Protective sleeves shall be installed over fusion joints and extend through the valve boxes on the polyethylene valve installations. Plastic valves shall be restrained from torque with approved restraints. Gas valves shall be marked by adhesive identification disks affixed to the permanent curb or the permanent pavement and marker poles installed if warranted for visibility. Valves shall be installed at the design marked locations. Valve restraints are required for two inch (2") valves and larger. Valves shall be installed with the operating nut on top, facing vertically up. CGS will not accept valves that are cocked or oriented in any direction except up. E. Prior to joining, all individual gas main lengths shall be swabbed. All gas mains shall be double pigged prior to initiation of gas service, but after joining has been complete. The pigs used shall be suitable for different size pipes and be designed for polyethylene pipe use. Any pig that could damage the pipe, such as wire brush type pigs suitable for steel pipe shall not be acceptable for use inside plastic mains. Only use of compressed air to drive the pig through the pipe shall be permitted. F. Marker Poles: As the pipeline installation has progressed and before completion, the Contractor shall install marker poles and posts at the locations designated by the CGS construction standard of not to exceed five hundred linear foot (500’) intervals and prominent locations such as offsets and valve locations Bury the anchor end of all five foot (5’) posts approximately one foot (1’) deep to attain a uniform height of four feet (4’) above ground exposure as recommended by the manufacturer and to promote safety in the line of sight. G. All newly installed gas service lines and mains will be located by the utilization of flags, yellow paint or stakes upon completion of construction and final restoration. T.45 QUALIFICATION OF JOINING PROCEDURES A. Joining procedures shall be in accordance with Section 192.283 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. D. The Contractor will furnish a copy of the manufacturers recommended Heat Fusion Joining Procedures Manual at the time of certification. E. Butt Fusions: Page 17 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 1. All butt fusions must only be performed by the person(s) qualified by CGS to butt fuse, as certified by testing of the applicable pipe size category. Contractor’s supervisor shall be present during all pipe fusions to ensure that all required procedures are adhered to and to witness the quality of each joint. 2. Pipe fusion shall be conducted in accordance with the "Clearwater Gas System Polyethylene Gas Pipe Training Procedures", Ambient temperature shall be between fifty-five degrees Fahrenheit (55° F) and ninety degrees Fahrenheit (90° F) prior to pipe fusion; otherwise pipe shall be protected from direct sunlight and cooled down until the ambient temperature falls within the above temperature range. T.46 QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct such evaluation initially and on an annual basis. Records shall be maintained of personnel qualified to make joints. NON-QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE ALLOWED TO PERFORM POLYETHYLENE JOINING. CGS fusion certifications shall remain in effect for up to one (1) calendar year. C. The Contractor’s Operator Qualification Plan must explain how their employees have the ability to identify and safely react to natural gas related Abnormal Operating Conditions that may be encountered. The contractor’s emergency action plan must also describe the necessary actions their employees will take to protect people and then property in the event of gas pipeline failure resulting in a hazardous, flammable atmosphere. T.47 INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Operations Coordinator with concurrence of the Operations Manager. 1. CGS will have OQ certified; polyethylene qualified construction inspector at the various gas construction job sites. The Inspector has the right to sample and evaluate field fusion joints, and reject any fusions not meeting CGS requirements. The Contractor shall replace all fusions not meeting CGS requirements at his own expense. 2. The Contractor shall also designate a polyethylene qualified supervisor who will be present on site at all times to observe pipe fuser(s). 3. The CGS’s Inspector will employ non-destructive testing methods on polyethylene fusions and reject all deficient fusions. The CGS inspector can request any amount of random fusion samples, cut away from a joined pipeline for destructive testing. T.48 JOINING PLASTIC PIPE A. In general, all plastic joining shall be in accordance with American Standards Code for Pressure Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. C. Each heat fusion joint on plastic pipe must comply with the following: Page 18 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 1. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. T.49 TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to ninety pounds per square inch (90 psi) for MD PE 2406, one hundred and fifty pounds per square inch (150 psi) for HDPE 3408, or no less than the Maximum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than one hundred degrees Fahrenheit (100° F) during the test. These tests shall be recorded on a chart-type pressure instrument, initially starting at the “0” increment mark and progressing to the testing increment, as testing medium is introduced. Duration shall be a minimum of twenty-four hours and longer as required, depending on the complexity and developed length. A twenty- four (24) hour test shall be placed on the entire system of mains prior to initiation of gas service. If a portion of the gas service has met the requirements of the leak test and it is possible for the other sections to be tested independently, then the CGS inspector or the designated representative of CGS may approve initiation of gas service for that portion. B. Each day’s work shall be tied into the preceding day’s work and tested overnight. A pressure-time clock gauge with a range no greater than 0 – 200 psig. and in good working order shall be furnished by the Contractor. All testing shall comply with D.O.T. Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.” The location of the project along with the temperature at the time the test pressure is placed upon the pipe shall be recorded on the pressure chart. The pressure charts shall be given to the CGS inspector or the designated representative. In order to facilitate daily testing, appropriate testing apparatus shall be used. Leaks shall be repaired in a manner approved by the CGS or the designated representative of CGS before additional lengths of pipe that need to be tested are added to the main. C. Fusion joints shall be a one-half inch (1/2”) molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration three hundred and sixty degrees (360°) around the pipe diameter. D. Purging Pipes and Fittings: A combustible gas indicator shall be used when purging mains, services and house piping. When purging gas from abandoned lines, the air and the gas must be discharged aboveground at a minimum height of eight feet (8’) above grade and directed away from electric power lines or structures. When purging air from new lines, installation of a 5/8 service saddle and a grounded metallic riser is required at the end or within four feet (4’) from each dead end on all new installations of pipe in order to purge air from all dead ends simultaneously. Release gas into new lines at a rate that will prevent formation of a hazardous mixture of gas and air or precede natural gas with a slug of inert gas, such as nitrogen provided by the contractor at no additional cost to CGS. E. If service lines are installed at the same time as the mains, then service lines shall be included in the testing of the mains. If service lines are installed after gas service has been initiated, then the Contractor shall test each service line individually to stand up to an air test of ninety pounds per square inch gauge (90 psig). for thirty (30) minutes. If a leak is discovered, then the Contractor shall immediately make the appropriate repairs, in a method approved by the CGS inspector or the designated representative of CGS. All existing service lines that are disconnected from the main temporarily shall be tested as if they are new lines before being placed back into service. The pressure shall not decrease during the test period. Air pressure shall be held until after soap testing. Soap test the service connection by brushing/ spraying an approved liquid leak detection solution around the tapping tee base at the main, both ends of the outlet coupling, the outlet connection of the excess flow valve, and the pipe to riser connection in the customer’s yard or business location, and at the meter valve inlet and outlet. If any leaks appear, the CGS’s Inspector will direct appropriate Page 19 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 repair procedures. T.50 INSTALLATION - SERVICES A. Service Lines Connected to a Polyethylene Main. All hot taps shall be made by qualified fusers using self-tapping tees Contractor shall install tapping tees at the locations marked by CGS. Bell holes shall be excavated, if installing the gas mains by boring methods, at each tapping tee installation site to provide an adequate work area for installation and inspection of tapping tees. The tapping tees shall be installed in accordance with the CGS Procedures by the person(s) qualified by CGS to install tapping tees. All tapping tee fusions must be left open to be inspected by the CGS Inspector. TAPPING TEES SHALL ONLY BE INSTALLED ON THE TOP OF MAIN. B. The main shall be tapped after the tapping tee fitting and final connections have cooled for the time period specified by the manufacturer and the service line has been soaped and pressure tested. The manufacturer supplied tapping wrench or fitting shall be the only tool used for turning the tapping tee cutter to avoid tapping the backside of the main or loss of the cutter into the main, Allen wrenches shall not be used. C. Mechanical Joints. Compression type mechanical joints to connect polyethylene pipe to steel pipe shall be designed for natural gas use and the gasket material in the coupling must be compatible with the polyethylene pipe. The coupling must be used in combination with an internal tubular rigid stiffener. The preferred method is the utilization of a transition fitting to allow a steel to steel connection using a compression dresser style coupling that can be readily restrained from pull out by a mechanical or welding a rod type clamping device. Joints shall be designed and installed to effectively sustain the longitudinal pull-out forces caused by contraction of the piping or by external loading. Compression couplings shall not be used in above ground installations. All mechanical joint connections shall be noted on the submitted as built drawing, including the coupling manufacturer’s pertinent information. T.51 NATURAL GAS HOUSE (PIPING) PLUMBING A. It is a mandatory requirement of the Natural Gas House (Piping) Plumbing Section that the contractor possess a Master Plumbers certified or registered with the State of Florida, a local license registered with PCCLB and/or Pasco County Building Department, depending where jurisdictionally the work will be performed. B. The work to be performed shall consist of furnishing all necessary labor, tools, equipment, supplies, power, essential customer communication, and other operations necessary for the modification of existing natural gas house plumbing to accommodate relocation of gas meters including: obtaining required permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer piping from a new location and, existing gas piping system code compliant review and subsequent pressure testing – leak check (Drop Test- utilizing a manometer))of the entire house gas plumbing system, and passing required inspections. CGS will reserve the right to mandate the turning on the gas and relighting the applicable appliances. Contractor shall immediately notify CGS dispatch of the “on gas” and complete the required paperwork, including the drop test integrity system testing form, and submit, no later than the following business day. The work shall be complete and performed in strict accordance with the Contract specifications, and in compliance with all applicable codes, CGS requirements, Florida Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipe fitters and plumbers shall be Florida licensed Page 20 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 qualified and thoroughly trained and experienced in the skills required and shall be completely familiar with the design and application of work described. T.52 EXISTING GAS HOUSE PIPING (PLUMBING) A. The modification of the existing gas house piping plumbing shall be performed by the contractor only after receiving written approval from the CGS construction inspector. With the inspector’s authorization the Contractor shall perform all modifications required for gas meter set clearance code compliance of existing natural gas plumbing. B. The Contractor shall remove and dispose of all abandoned existing gas plumbing piping. The Contractor shall not cut into the existing gas plumbing until the CGS inspector verifies the new meter stub-out location. T.53 TESTING A. Contractor shall pay for all testing and retesting required to show compliance with the Contract Specifications, Codes, Regulations, and all other applicable laws. 1. CUSTOMER SYSTEM PRESSURE TEST The Contractor will conduct leakage tests at one and a half times (1.5x) the gas delivery pressure for minimum time of fifteen (15) minutes on the new completed gas plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. 2. CODE COMPLIANCE TESTING: Before turning gas on Before gas is introduced into a system of gas piping, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped. 3. LEAK DETECTION METHODS The leakage shall be located by means of an approved gas detector, a noncorrosive detection fluid or other approved leak detection methods B. The following is an approved procedure for leak testing customer piping systems: Leak tests are required any time there is an interruption of service meaning the flow of gas was stopped for any reason. Florida Fuel Gas Code 406.6.3 (NFPA 54 -8.2.3) states that "Immediately after the gas is turned on into a new system or into a system that has been initially restored after an interruption of service, the piping system shall be tested for leakage. If leakage is indicated, the gas supply shall be shut off until the necessary repairs have been made". The leak test will indicate any leaks within the propane piping system due to interruption of service or out of gas situation. The leakage test is simply testing the integrity of the system plumbing joints and the seal of the pipe joint compound, piping fittings, pipe, gas equipment & appliances, valves etc. This is the safety reasoning behind leak testing. The purpose a leak test is performed is the life-safety factor “Protect Life and Then Property and because it is required by Federal Pipeline Safety Laws of CFR 49.192, Florida Building Code adopted law/ ordinance and the gas industry. The leak check tests for leakage throughout the system of piping and appliances. It is used for new and existing gas systems. It is conducted after a system has been successfully pressure tested, inspected and approved. Normally, the leak check is conducted when one of the following occurs: Page 21 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 • A system of new gas or modified gas piping is placed into service for the first time (drop test) • A gas leakage is suspected (investigation of an odor complaint) • A gas meter is replaced • An appliance or appliance connector is replaced • An out of gas condition occurs (interruption of service) The pressure test and leak check are often confused. A pressure test is required for new piping installations, while a leak check is required whenever the gas system is initially placed into service or when the gas is turned back on after it has been turned off. Leak checks differ from the pressure test in that it requires no special preparations. The medium used for a leak check is fuel gas at normal supply pressure. The gas is applied to the total system. T.54 LEAK CHECK PROCEDURE The procedure for the leak check is not specified in the NFPA 54- National Fuel Gas Code or the ICC Fuel Gas Code- Florida Fuel Gas Code. Any CGS accepted method can be used, as long as it finds leaks. It is recommended that a written procedure for the method be developed and the steps be taken to ensure that all employees follow the method established; consequently, every system is tested identically. T.55 TESTING FOR LEAKAGE This test can be done by one of the following methods: For Any Gas System- To an appropriate checkpoint attach a manometer or an appropriate pressure gauge between the inlet to the piping system and the first regulator in the piping system, momentarily turn on the gas supply and observe the gauging device for pressure drop with the gas supply shut off. No evident drop in pressure should occur during a period of 3 minutes. For Gas Systems Using Undiluted Liquefied Petroleum Gas System- Preparation for propane. A leak check performed on an LP Gas System being placed back into service should include all regulators, including appliance regulators, and control valves in the system. Accordingly, each individual equipment shutoff valve should be supplying pressure to its appliance for the leak check. This check will prove the integrity of the one hundred percent (100%) pilot shut off of each gas valve in the on position. Pilot not incorporating a one hundred percent (100%) pilot shut off valve and all manual gas valves not incorporating safety shutoff systems are to be placed in the off position prior to leak checking, by using the following methods: By inserting a pressure gauge between the container gas shutoff valve and the first regulator in the system, admitting full container gas pressure to the system and closing the container shutoff valve. Enough gas should be released from the system to lower the pressure gauge reading by 10psi. The system should then be allowed to stand for three (3) minutes without showing an increase or decrease in the pressure gauge reading. For systems serving appliances that receive gas at a pressure of ½ psi or less, by inserting a water manometer or appropriate pressure gauge into the system downstream of the final regulator, pressurizing the system with either fuel gas or air to test pressure of nine inch (9”) water column and observing the device for a pressure change. If fuel gas is used as a pressure source, it is necessary to pressurize the system to full operating pressure, close the container service valve, and then release enough gas from the system through a range burner valve or other suitable means to drop the system pressure to nine inch (9”) water column. This ensures that all regulators in the system are unlocked and that a leak anywhere in the system is communicated to the gauging device. The gauging device should indicate no loss or gain of pressure for a period of three (3) minutes. Page 22 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.56 WHEN LEAKAGE IS DETECTED When pressure drops on the gauge or manometer is noted, all equipment or outlets supplied through the system should be examined to see whether they are shut off and do not leak. If they are found tight, there is a leak in the piping system. Where leakage is indicated, the gas supply at the meter shall be shut off, locked and slugged until the necessary repairs have been made. CGS dispatch shall be notified ASAP. Where leakage or other defects are located, the affected portion of the piping system shall be repaired or replaced and retested. Matches, candles, open flames or other methods that could provide a source of ignition shall not be used. T.57 PLACING GAS EQUIPMENT IN OPERATION Gas utilization equipment / appliances shall be permitted to be placed in operation after the piping system has been tested and determined to be free of leakage and purged in accordance with Section 406.7.2. of the Florida Fuel Gas Code. The Contractor will conduct leakage tests at one and a half times the gas delivery pressure for minimum time of fifteen (15) minutes on the existing gas house plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. Other inspections and tests required by the City – County Building Inspector, codes, ordinances, or other legally constituted authority shall be the responsibility of and shall be paid for by the Contractor. Testing of the existing gas house piping plumbing shall be performed prior to connecting the new supply line. T.58 TESTING Testing will be in accordance with the Florida Building Code and the CGS leakage testing requirements. T.59 CONTRACTOR'S CONVENIENCE TESTING Inspection and testing performed exclusively for the Contractor's convenience by CGS shall be at the convenience of CGS if available and normal labor rates may be applicable. T.60 SCHEDULE FOR TESTING A. If applicable, testing shall be scheduled with the Building Department in advance. B. At least forty-eight (48) hours notice shall be provided to the Building Department, when permits and testing is required. T.61 COOPERATION WITH THE BUILDING DEPARTMENT Building Inspectors shall have access to the work at all times and all locations where the work is in progress. Contractor shall provide such access to enable the Building Department to perform its functions properly. A. Revising schedule: When changes of construction schedule are necessary during construction, Contractor shall coordinate all such changes with the Building Department as required. B. Adherence to Schedule: When the Building Department is ready to inspect, but is prevented, correction notices fees will be paid for by the contractor. Page 23 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 T.62 NATURAL GAS DISTRIBUTION SYSTEM Any incompleteness of the work, all extra charges for testing attributable to the delay will be back- charged to the Contractor and shall not be borne by the CGS. T.63 COORDINATION WITH CUSTOMERS The Contractor is responsible for coordinating access to private property with the homeowners. The Contractor shall notify the property owner/ resident at least 14 days in advance of performing work. Prior to starting work at a specific location, the Contractor shall schedule the work with the homeowner or resident, as the customer’s presence during the meter upgrades/ change out work is required. The Contractor shall relight all pilot lights the same day after they install the new gas meter and regulator. Contractor will confirm the regulator settings for the specific flow. No residence shall be left out of gas service overnight. Each residence shall be reconnected and all pilot lights re-lit before the end of the daily work day. F. DIRECTIONAL DRILL UTILITY PLACEMENT PART 1 – GENERAL T.64 WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground gas utilities by directional drill methods. This work shall include all services, equipment, materials, labor and testing required completing the gas utility installation and restoring any disturbed areas to their existing or better conditions. The maximum depth of installed gas facilities shall not exceed four feet unless prior approval is received, since CGS must readily access the facility for maintenance in the future. All underground utilities shall be located and potholed prior to the start of boring. PART 2 – PRODUCTS T.65 MATERIALS A. Plastic Pipe: For all gas pipes over one inch (1") diameter plastic pipe must meet or exceed the following strength and composition standards PE (Polyethylene) ASTM D 2513. B. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type pipe being used. C. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of installation, with joints completely set and cured prior to placement of the pipe. D. Drilling Fluids: Drilling Fluids shall consist of a mixture of potable water and gel-forming colloidal material such as bentonite, or a polymer surfactant mixture producing a slurry of custard-like consistency. All drilling and hydraulic fluids shall be environmentally friendly and approved by the EPA. T.66 EQUIPMENT A. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with these specifications without showing Page 24 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 evidence of undue stress or failure. B. It shall be the responsibility of the Contractor to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossing. C. General Arrangement of Tunnel Boring System: The tunnel boring equipment shall consist of truck-mounted field power unit and a trailer or dolly mounted drill unit. A minimum crew of three people is required to operate the units. 1. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high-pressure bentonite cutting fluid to the drill unit. It shall contain a one thousand (1,000) gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during tunneling in response to changing soil conditions. The field power unit shall contain the power-takeoff-driven high-pressure bentonite pumping system. 2. Directional Drill System: A dolly mounted version of the drill system shall include a thrust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push ten foot (10’) or three (3) meter minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of high strength steel which permits them to bend to a thirty foot (30’) or nine (9) meter radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery- operated electronic system used to determine tool depth and location from surface and to orient the head for steering. 3. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non-mechanical but essential items shall be in sound condition and replaced immediately when need is apparent. 4. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. 5. Water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. D. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuum and capacity to remove excess bentonite mixture from the project site as required or directed by the Owner. Page 25 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 PART 3 - EXECUTION T.67 PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as “a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision-making capacity concerning the manner and method of carrying out the work specified herein”. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the project site during the actual crossing operation. T.68 COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least twenty-four (24) hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. B. The Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. T.69 PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractor. C. Equipment Set-Up: 1. The general operating sequence of the tunneling system shall be as follows: a. The trailer or dolly is positioned at the starting location. b. The tool head and first drill pipe are loaded onto the thrust frame. c. The proper cutting fluid pressure is set on the field power unit. d. The tool is advanced and steered level at the proper depth using the locator to sense tool position. e. More drill pipe is added as the tool is advanced. f. After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep Page 26 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 the tool on course. g. Steps "e" and "f" are repeated until the tool advances to the end of the run. h. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. i. The utility is attached to the reamer. j. The drill pipe is withdrawn from the hole pulling the utility. k. Utility connections are made. l. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: 1. In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. 2. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. T.70 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented as further specified herein. Any alteration or waiver must be approved by the Engineer. T.71 REPORTING PROCEDURES A. An accurate drill log shall be kept by the Contractor on all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspector's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every ten feet (10’) along the crossing. All drill logs shall be submitted to CGS at the time of work. B. The bore log shall include date, drill operator and company information, total footage, entry Page 27 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 and exit pit measurements from two adjoining intersections and elevation readings of the utility every ten feet (10’) along the bore path. C. Any main or service placement beyond a forty-eight inch (48”) depth require inspector pre approval and variance of depth form to include the identified conflict and cross street measurements. D. All drill logs, as-builds, pressure charts and variance of depth paperwork shall be submitted at the time of work invoicing. PART 4 - MEASUREMENT AND PAYMENT T.72 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.73 PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. G. SODDING PART 1 - GENERAL T.74 WORK INCLUDED A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass, until rooted. PART 2 – PRODUCTS T.75 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably twelve inches (12”) by twenty-four inches (24”), shall be a minimum of two inches (2”) in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. After sod is installed it shall be maintained until it is rooted, which will necessitate watering frequently. T.76 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful Page 28 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 chemicals, acids, alkalis, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION T.77 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner, at his discretion, may authorize the elimination of ground preparation. T.78 PLACING SOD A. The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed six inches (6”). In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. C. On steep slopes, the Contractor shall, if so directed by the Owner, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. D. Sod which has been cut for more than seventy-two (72) hours shall not be used unless specifically authorized by the Owner after his inspection thereof. Sod which is not planted within twenty-four (24) hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. Sodding shall not be performed when weather and soil conditions are, in the Owner opinion, unsuitable for proper results. T.79 WATERING A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least two (2) weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of sixty (60) days (or until final acceptance, whichever is latest). T.80 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. Page 29 of 30 EXHIBIT C- TECHNICAL SPECIFICATIONS Natural Gas Line Installation ITB #25-19 PART 4 - MEASUREMENT AND PAYMENT T.81 MEASUREMENT A. The quantity of sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. T.82 PAYMENT A. Payment for sodding shall be made at the prices stated in the Bid Schedule. If a payment item for sodding is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. ---End of Technical Specifications-- EXHIBIT D- CLEARWATER GAS SYSTEM OVERVIEW Natural Gas Line Installation ITB #25-19 EXHIBIT E- SAMPLE DOOR HANGER Natural Gas Line Installation ITB #25-19 - NOTICE OF INTENT TO AWARD Clearwater Gas System and Purchasing recommend award of ITB #25-19, Natural Gas Main, Service Lines, and House Piping Installation Services to J W Harris Contractors, Inc., the lowest responsible bidder, in accordance with the bid specifications, in the estimated amount of $4,500,000 annually, for a period of one (1) year, with three (3), one (1) year extension options. This Award recommendation will be considered by the City Council at the March 18, 2019 Study Session (9:00 a.m.) and voted on at the March 21, 2019 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 562-4634, or mailed to City of Clearwater, Attn: Purchasing, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Alyce Benge Alyce Benge, CPPO, C.P.M. Purchasing Manager CITY OF CLEARWATER ITB # 25-19 - Natural Gas Line Installation This table is limited to the Bid Schedule categories most commonly used by Clearwater Gas in an effort to standardize the DUE DATE: February 28, 2019; 10:00 AM basis of evaluation and ensure the overall bid award is in City's best interest and not skewed by disparate categorical pricing. BID TABULATION Item No.Description Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price Unit Price (A) Unit of Measure Est. Annual Quantity (B) Total Price 1 2 INCH $ 9.85 Per Foot 65,000 $ 640,250.00 $ 17.66 Per Foot 65,000 $ 1,147,900.00 $ 10.18 Per Foot 65,000 $ 661,700.00 $ 11.00 Per Foot 65,000 $ 715,000.00 2 4 INCH $ 14.32 Per Foot 20,000 $ 286,400.00 $ 18.73 Per Foot 20,000 $ 374,600.00 $ 16.67 Per Foot 20,000 $ 333,400.00 $ 15.00 Per Foot 20,000 $ 300,000.00 3 6 INCH $ 18.69 Per Foot 5,000 $ 93,450.00 $ 41.66 Per Foot 5,000 $ 208,300.00 $ 23.76 Per Foot 5,000 $ 118,800.00 $ 18.00 Per Foot 5,000 $ 90,000.00 4 8 INCH $ 28.04 Per Foot 1,000 $ 28,040.00 $ 65.35 Per Foot 1,000 $ 65,350.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 22.00 Per Foot 1,000 $ 22,000.00 $ 1,048,140.00 $ 1,796,150.00 $ 1,144,450.00 $ 1,127,000.00 5 2 INCH $ 17.81 Per Foot 1,000 $ 17,810.00 $ 24.58 Per Foot 1,000 $ 24,580.00 $ 15.28 Per Foot 1,000 $ 15,280.00 $ 15.00 Per Foot 1,000 $ 15,000.00 6 4 INCH $ 27.63 Per Foot 1,000 $ 27,630.00 $ 27.86 Per Foot 1,000 $ 27,860.00 $ 20.37 Per Foot 1,000 $ 20,370.00 $ 18.00 Per Foot 1,000 $ 18,000.00 7 6 INCH $ 40.23 Per Foot 1,000 $ 40,230.00 $ 56.33 Per Foot 1,000 $ 56,330.00 $ 22.92 Per Foot 1,000 $ 22,920.00 $ 20.00 Per Foot 1,000 $ 20,000.00 8 8 INCH $ 75.78 Per Foot 1,000 $ 75,780.00 $ 78.21 Per Foot 1,000 $ 78,210.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 29.00 Per Foot 1,000 $ 29,000.00 $ 161,450.00 $ 186,980.00 $ 89,120.00 $ 82,000.00 9 5/8 INCH $ 1,126.55 Per Location 400 $ 450,620.00 $ 1,850.00 Per Location 400 $ 740,000.00 $ 763.84 Per Location 400 $ 305,536.00 $ 550.00 Per Location 400 $ 220,000.00 10 3/4 INCH $ 1,126.55 Per Location 400 $ 450,620.00 $ 1,850.00 Per Location 400 $ 740,000.00 $ 763.84 Per Location 400 $ 305,536.00 $ 550.00 Per Location 400 $ 220,000.00 11 1 INCH $ 1,126.55 Per Location 100 $ 112,655.00 $ 2,400.00 Per Location 100 $ 240,000.00 $ 763.84 Per Location 100 $ 76,384.00 $ 550.00 Per Location 100 $ 55,000.00 12 2 INCH $ 1,536.20 Per Location 50 $ 76,810.00 $ 2,600.00 Per Location 50 $ 130,000.00 $ 1,527.68 Per Location 50 $ 76,384.00 $ 800.00 Per Location 50 $ 40,000.00 13 4 INCH $ 1,920.25 Per Location 50 $ 96,012.50 $ 3,800.00 Per Location 50 $ 190,000.00 $ 2,036.91 Per Location 50 $ 101,845.50 $ 1,000.00 Per Location 50 $ 50,000.00 $ 1,186,717.50 $ 2,040,000.00 $ 865,685.50 $ 585,000.00 14 5/8 INCH $ 1,351.85 Per Location 400 $ 540,740.00 $ 2,000.00 Per Location 400 $ 800,000.00 $ 916.61 Per Location 400 $ 366,644.00 $ 800.00 Per Location 400 $ 320,000.00 15 3/4 INCH $ 1,363.10 Per Location 400 $ 545,240.00 $ 2,000.00 Per Location 400 $ 800,000.00 $ 916.61 Per Location 400 $ 366,644.00 $ 800.00 Per Location 400 $ 320,000.00 16 1 INCH $ 1,351.85 Per Location 100 $ 135,185.00 $ 2,600.00 Per Location 100 $ 260,000.00 $ 916.61 Per Location 100 $ 91,661.00 $ 800.00 Per Location 100 $ 80,000.00 17 2 INCH $ 1,920.25 Per Location 50 $ 96,012.50 $ 2,900.00 Per Location 50 $ 145,000.00 $ 2,036.91 Per Location 50 $ 101,845.50 $ 1,200.00 Per Location 50 $ 60,000.00 18 4 INCH $ 2,694.54 Per Location 50 $ 134,727.00 $ 3,900.00 Per Location 50 $ 195,000.00 $ 3,182.67 Per Location 50 $ 159,133.50 $ 1,500.00 Per Location 50 $ 75,000.00 $ 1,451,904.50 $ 2,200,000.00 $ 1,085,928.00 $ 855,000.00 The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAIN LINES - PLASTIC J W HARRIS CONTRACTORS INC MAIN LINES - PLASTIC TOTAL: MAIN LINES - STEEL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAIN LINES - STEEL: SERVICE LINES - PLASTIC (LUMP SUM) less than 50 feet per location The Fishel Company Southeast Connections LLC R.A.W. Construction LLC SERVICE LINES - PLASTIC TOTAL: SERVICE LINES - PLASTIC (LUMP SUM) 50-100 feet per location The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - PLASTIC TOTAL: 19 5/8 INCH $ 8.45 Per Foot 30,000 $ 253,500.00 7.61 Per Foot 30,000 $ 228,300.00 $ 9.17 Per Foot 30,000 $ 275,100.00 8.00 Per Foot 30,000 $ 240,000.00 20 3/4 INCH $ 8.45 Per Foot 30,000 $ 253,500.00 7.61 Per Foot 30,000 $ 228,300.00 $ 9.17 Per Foot 30,000 $ 275,100.00 8.00 Per Foot 30,000 $ 240,000.00 21 1 INCH $ 8.47 Per Foot 9,000 $ 76,230.00 9.13 Per Foot 9,000 $ 82,170.00 $ 9.17 Per Foot 9,000 $ 82,530.00 8.00 Per Foot 9,000 $ 72,000.00 22 2 INCH $ 12.80 Per Foot 7,000 $ 89,600.00 11.42 Per Foot 7,000 $ 79,940.00 $ 15.28 Per Foot 7,000 $ 106,960.00 12.00 Per Foot 7,000 $ 84,000.00 23 4 INCH $ 15.40 Per Foot 750 $ 11,550.00 15.22 Per Foot 750 $ 11,415.00 $ 22.92 Per Foot 750 $ 17,190.00 15.00 Per Foot 750 $ 11,250.00 $ 684,380.00 $ 630,125.00 $ 756,880.00 $ 647,250.00 32 5/8 INCH $ 15.95 Per Foot 6,000 $ 95,700.00 $ 17.17 Per Foot 6,000 $ 103,020.00 $ 11.46 Per Foot 6,000 $ 68,760.00 $ 11.00 Per Foot 6,000 $ 66,000.00 33 3/4 INCH $ 15.95 Per Foot 6,000 $ 95,700.00 $ 19.31 Per Foot 6,000 $ 115,860.00 $ 11.46 Per Foot 6,000 $ 68,760.00 $ 11.00 Per Foot 6,000 $ 66,000.00 34 1 INCH $ 15.95 Per Foot 4,000 $ 63,800.00 $ 22.07 Per Foot 4,000 $ 88,280.00 $ 13.09 Per Foot 4,000 $ 52,360.00 $ 11.00 Per Foot 4,000 $ 44,000.00 35 2 INCH $ 19.76 Per Foot 15,000 $ 296,400.00 $ 25.75 Per Foot 15,000 $ 386,250.00 $ 17.46 Per Foot 15,000 $ 261,900.00 $ 11.00 Per Foot 15,000 $ 165,000.00 $ 551,600.00 $ 693,410.00 $ 451,780.00 $ 341,000.00 36 4 INCH $ 52.56 Per Foot 500 $ 26,280.00 $ 217.71 Per Foot 500 $ 108,855.00 $ 106.94 Per Foot 500 $ 53,470.00 $ 18.00 Per Foot 500 $ 9,000.00 37 6 INCH $ 86.95 Per Foot 500 $ 43,475.00 $ 237.50 Per Foot 500 $ 118,750.00 $ 133.67 Per Foot 500 $ 66,835.00 $ 20.00 Per Foot 500 $ 10,000.00 38 8 INCH $ 104.20 Per Foot 500 $ 52,100.00 $ 283.68 Per Foot 500 $ 141,840.00 $ 178.23 Per Foot 500 $ 89,115.00 $ 29.00 Per Foot 500 $ 14,500.00 $ 121,855.00 $ 369,445.00 $ 209,420.00 $ 33,500.00 39 5/8 INCH $ 13.03 Per Foot 7,000 $ 91,210.00 $ 13.41 Per Foot 7,000 $ 93,870.00 $ 9.17 Per Foot 7,000 $ 64,190.00 $ 8.00 Per Foot 7,000 $ 56,000.00 40 3/4 INCH $ 12.91 Per Foot 7,000 $ 90,370.00 $ 13.41 Per Foot 7,000 $ 93,870.00 $ 9.17 Per Foot 7,000 $ 64,190.00 $ 8.00 Per Foot 7,000 $ 56,000.00 41 1 INCH $ 12.96 Per Foot 4,000 $ 51,840.00 $ 13.41 Per Foot 4,000 $ 53,640.00 $ 9.17 Per Foot 4,000 $ 36,680.00 $ 8.00 Per Foot 4,000 $ 32,000.00 42 2 INCH $ 17.74 Per Foot 25,000 $ 443,500.00 $ 16.70 Per Foot 25,000 $ 417,500.00 $ 12.22 Per Foot 25,000 $ 305,500.00 $ 11.00 Per Foot 25,000 $ 275,000.00 43 4 INCH $ 19.52 Per Foot 1,500 $ 29,280.00 $ 31.67 Per Foot 1,500 $ 47,505.00 $ 16.45 Per Foot 1,500 $ 24,675.00 $ 15.00 Per Foot 1,500 $ 22,500.00 44 6 INCH $ 24.48 Per Foot 1,000 $ 24,480.00 $ 41.40 Per Foot 1,000 $ 41,400.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 18.00 Per Foot 1,000 $ 18,000.00 45 8 INCH $ 35.20 Per Foot 500 $ 17,600.00 $ 71.38 Per Foot 500 $ 35,690.00 $ 40.34 Per Foot 500 $ 20,170.00 $ 22.00 Per Foot 500 $ 11,000.00 46 8 INCH $ 83.17 Per Foot 500 $ 41,585.00 $ 105.39 Per Foot 500 $ 52,695.00 $ 62.74 Per Foot 500 $ 31,370.00 $ 25.00 Per Foot 500 $ 12,500.00 $ 789,865.00 $ 836,170.00 $ 577,325.00 $ 483,000.00 52 BAHIA/FLORATAN SOD $ 2.34 Per Sq Foot 150,000 $ 351,000.00 3.69 Per Sq Foot 150,000 $ 553,500.00 $ 2.09 Per Sq Foot 150,000 $ 313,500.00 1.50 Per Sq Foot 150,000 $ 225,000.00 $ 351,000.00 $ 553,500.00 $ 313,500.00 $ 225,000.00 59 250 CFH DIAPHRAGM $ 712.44 Per Set 650 $ 463,086.00 130.32 Per Set 650 $ 84,708.00 $ 250.00 Per Set 650 $ 162,500.00 200.00 Per Set 650 $ 130,000.00 R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - PLASTIC TOTAL: SERVICE LINES - PLASTIC (UNIT PRICE) Greater than 100 feet per location The Fishel Company Southeast Connections LLC J W HARRIS CONTRACTORS INC CASING PUSH/MISSILE The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC CASING PUSH/MISSILE TOTAL: JACK AND/OR BORE - STEEL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC DIRECTIONAL BORE - PLASTIC TOTAL: JACK AND/OR BORE - STEEL TOTAL: DIRECTIONAL BORE - PLASTIC The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SOD TOTAL: SOD The Fishel Company Southeast Connections LLC R.A.W. Construction LLC METER AND REGULATOR INSTALLATION (Includes connection to customer house-piping)The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC 60 425-630 CFH DIAPHRAGM $ 831.19 Per Set 250 $ 207,797.50 162.90 Per Set 250 $ 40,725.00 $ 250.00 Per Set 250 $ 62,500.00 200.00 Per Set 250 $ 50,000.00 61 800 CFH DIAPHRAGM $ 980.23 Per Set 100 $ 98,023.00 217.21 Per Set 100 $ 21,721.00 $ 300.00 Per Set 100 $ 30,000.00 400.00 Per Set 100 $ 40,000.00 62 1,000 OR GREATER DIAPHRAGM $ 1,161.19 Per Set 50 $ 58,059.50 651.61 Per Set 50 $ 32,580.50 $ 550.00 Per Set 50 $ 27,500.00 400.00 Per Set 50 $ 20,000.00 63 3M ROTARY $ 904.83 Per Set 75 $ 67,862.25 1,750.00 Per Set 75 $ 131,250.00 $ 550.00 Per Set 75 $ 41,250.00 700.00 Per Set 75 $ 52,500.00 64 5M ROTARY $ 1,093.34 Per Set 25 $ 27,333.50 2,650.00 Per Set 25 $ 66,250.00 $ 550.00 Per Set 25 $ 13,750.00 700.00 Per Set 25 $ 17,500.00 65 7M ROTARY $ 1,206.44 Per Set 10 $ 12,064.40 4,250.00 Per Set 10 $ 42,500.00 $ 550.00 Per Set 10 $ 5,500.00 700.00 Per Set 10 $ 7,000.00 66 11M ROTARY $ 1,394.94 Per Set 10 $ 13,949.40 8,165.00 Per Set 10 $ 81,650.00 $ 550.00 Per Set 10 $ 5,500.00 700.00 Per Set 10 $ 7,000.00 $ 948,175.55 $ 501,384.50 $ 348,500.00 $ 324,000.00 67 ASPHALT $ 31.99 Per Inch Thickness 10,000 $ 319,900.00 18.04 Per Inch Thick 10,000 $ 180,400.00 $ 42.00 Per Inch Thickness 10,000 $ 420,000.00 12.50 Per Inch Thick 10,000 $ 125,000.00 68 LIMEROCK $ 3.12 Per Inch Thickness 5,000 $ 15,600.00 6.50 Per Inch Thick 5,000 $ 32,500.00 $ 11.68 Per Inch Thickness 5,000 $ 58,400.00 11.00 Per Inch Thick 5,000 $ 55,000.00 69 CONCRETE $ 13.98 Per Sq Foot 12,000 $ 167,760.00 20.02 Per Sq Foot 12,000 $ 240,240.00 $ 25.36 Per Sq Foot 12,000 $ 304,320.00 9.50 Per Sq Foot 12,000 $ 114,000.00 70 SHELL $ 3.13 Per Sq Foot 500 $ 1,565.00 8.50 Per Sq Foot 500 $ 4,250.00 $ 10.74 Per Sq Foot 500 $ 5,370.00 10.00 Per Sq Foot 500 $ 5,000.00 71 BRICK/PAVER REMOVAL $ 19.71 Per Sq Foot 2,000 $ 39,420.00 9.34 Per Sq Foot 2,000 $ 18,680.00 $ 12.22 Per Sq Foot 2,000 $ 24,440.00 5.00 Per Sq Foot 2,000 $ 10,000.00 72 BRICK/PAVER REPLACEMENT $ 29.57 Per Sq Foot 2,000 $ 59,140.00 30.00 Per Sq Foot 2,000 $ 60,000.00 $ 30.55 Per Sq Foot 2,000 $ 61,100.00 10.00 Per Sq Foot 2,000 $ 20,000.00 73 SEED AND MULCH $ 0.52 Per Sq Foot 10,000 $ 5,200.00 0.30 Per Sq Foot 10,000 $ 3,000.00 $ 0.21 Per Sq Foot 10,000 $ 2,100.00 0.50 Per Sq Foot 10,000 $ 5,000.00 74 FLOWABLE FILL $ 2.88 Per Cubic Foot 5,000 $ 14,400.00 14.80 Per Cubic Foot 5,000 $ 74,000.00 $ 7.54 Per Cubic Foot 5,000 $ 37,700.00 14.00 Per Cubic Foot 5,000 $ 70,000.00 $ 622,985.00 $ 613,070.00 $ 913,430.00 $ 404,000.00 75 2 INCH $ 7.39 Per Foot 1,500 $ 11,085.00 30.90 Per Foot 1,500 $ 46,350.00 $ 10.18 Per Foot 1,500 $ 15,270.00 10.00 Per Foot 1,500 $ 15,000.00 76 4 INCH $ 14.79 Per Foot 1,500 $ 22,185.00 36.35 Per Foot 1,500 $ 54,525.00 $ 18.33 Per Foot 1,500 $ 27,495.00 11.00 Per Foot 1,500 $ 16,500.00 77 6 INCH & GREATER $ 29.57 Per Foot 1,500 $ 44,355.00 105.00 Per Foot 1,500 $ 157,500.00 $ 26.73 Per Foot 1,500 $ 40,095.00 12.00 Per Foot 1,500 $ 18,000.00 $ 77,625.00 $ 258,375.00 $ 82,860.00 $ 49,500.00 87 LP TANK/METER PROTECTION $ 184.82 Per Pole 100 $ 18,482.00 217.21 Per Pole 100 $ 21,721.00 $ 125.00 Per Pole 100 $ 12,500.00 150.00 Per Pole 100 $ 15,000.00 88 METER PROTECTION $ 184.82 Per Pole 100 $ 18,482.00 217.21 Per Pole 100 $ 21,721.00 $ 125.00 Per Pole 100 $ 12,500.00 150.00 Per Pole 100 $ 15,000.00 89 DENSITY (includes testing) $ 87.47 Per Sq Foot 5,000 $ 437,350.00 17.00 Per Sq Foot 5,000 $ 85,000.00 $ 8.00 Per Sq Foot 5,000 $ 40,000.00 100.00 Per Sq Foot 5,000 $ 500,000.00 90 SHORING $ 28.40 Per Linear Ft 1,000 $ 28,400.00 9.97 Per Linear Ft 1,000 $ 9,970.00 $ 100.00 Per Linear Ft 1,000 $ 100,000.00 125.00 Per Linear Ft 1,000 $ 125,000.00 91 INSTALLATION OF WELL POINT HEADER PIPE $ 123.22 Per Linear Ft 1,000 $ 123,220.00 155.00 Per Linear Ft 1,000 $ 155,000.00 $ 50.00 Per Linear Ft 1,000 $ 50,000.00 100.00 Per Linear Ft 1,000 $ 100,000.00 92 WELL POINT RUNNING TIME $ 12.82 Per Hour 2,000 $ 25,640.00 69.20 Per Hour 2,000 $ 138,400.00 $ 50.00 Per Hour 2,000 $ 100,000.00 50.00 Per Hour 2,000 $ 100,000.00 93 WATER PUMP $ 21.87 Per Hour 500 $ 10,935.00 7.32 Per Hour 500 $ 3,660.00 $ 50.00 Per Hour 500 $ 25,000.00 15.00 Per Hour 500 $ 7,500.00 94 GROUND PENETRATING RADAR $ 444.87 Per Hour 100 $ 44,487.00 135.00 Per Hour 100 $ 13,500.00 $ 150.00 Per Hour 100 $ 15,000.00 240.00 Per Hour 100 $ 24,000.00 95 VACUUM LOCATING $ 150.81 Per Hour 200 $ 30,162.00 309.10 Per Hour 200 $ 61,820.00 $ 275.00 Per Hour 200 $ 55,000.00 105.63 Per Hour 200 $ 21,126.00 96 WELDER & RIG $ 322.73 Per Hour 100 $ 32,273.00 109.90 Per Hour 100 $ 10,990.00 $ 125.00 Per Hour 100 $ 12,500.00 85.00 Per Hour 100 $ 8,500.00 97 TRACK HOE $ 110.99 Per Hour 25 $ 2,774.75 114.30 Per Hour 25 $ 2,857.50 $ 55.00 Per Hour 25 $ 1,375.00 45.00 Per Hour 25 $ 1,125.00 J W HARRIS CONTRACTORS INC METER AND REGULATOR INSTALLATION TOTAL: SURFACE RESTORATIONS The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC PIPE REMOVAL TOTAL: SURFACE RESTORATIONS TOTAL: PIPE REMOVAL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC OTHER PAY ITEMS The Fishel Company Southeast Connections LLC R.A.W. Construction LLC 98 DUMP TRUCK $ 65.04 Per Hour 50 $ 3,252.00 119.32 Per Hour 50 $ 5,966.00 $ 40.00 Per Hour 50 $ 2,000.00 55.00 Per Hour 50 $ 2,750.00 99 TRACTOR & TRAILER $ 113.10 Per Hour 50 $ 5,655.00 104.49 Per Hour 50 $ 5,224.50 $ 75.00 Per Hour 50 $ 3,750.00 55.00 Per Hour 50 $ 2,750.00 100 CONCRETE SAW $ 22.05 Per Hour 250 $ 5,512.50 7.48 Per Hour 250 $ 1,870.00 $ 18.00 Per Hour 250 $ 4,500.00 10.00 Per Hour 250 $ 2,500.00 $ 786,625.25 $ 537,700.00 $ 434,125.00 $ 925,251.00 TOTAL:8,782,322.80$ TOTAL:11,216,309.50$ TOTAL:7,273,003.50$ TOTAL:6,081,501.00$ 101 HOURLY RATE FOR OTHER SERVICES (Minimum 1 hour charge) $ 226.04 Per Hour $ 93.50 Per Hour $ 75.00 Per Hour 195.00$ Per Hour (4 man crew) 102 OVERTIME RATE $ 226.04 Per Hour $ 115.00 Per Hour $ 115.00 Per Hour 292.50$ Per Hour (4 man crew) J W HARRIS CONTRACTORS INC OTHER PAY ITEMS TOTAL: OTHER SERVICES The Fishel Company Southeast Connections LLC R.A.W. Construction LLC OTHER SERVICES The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC CITY OF CLEARWATER ITB # 25-19 - Natural Gas Line Installation DUE DATE: February 28, 2019; 10:00 AM BID TABULATION Item No.Description Unit Price(A)Unit of Measure Est. AnnualQuantity (B)Total Price Unit Price(A)Unit of Measure Est. AnnualQuantity (B)Total Price Unit Price(A)Unit of Measure Est. AnnualQuantity (B)Total Price Unit Price(A)Unit of Measure Est. AnnualQuantity (B)Total Price 1 2 INCH $ 9.85 Per Foot 65,000 $ 640,250.00 $ 17.66 Per Foot 65,000 $ 1,147,900.00 $ 10.18 Per Foot 65,000 $ 661,700.00 $ 11.00 Per Foot 65,000 $ 715,000.00 2 4 INCH $ 14.32 Per Foot 20,000 $ 286,400.00 $ 18.73 Per Foot 20,000 $ 374,600.00 $ 16.67 Per Foot 20,000 $ 333,400.00 $ 15.00 Per Foot 20,000 $ 300,000.00 3 6 INCH $ 18.69 Per Foot 5,000 $ 93,450.00 $ 41.66 Per Foot 5,000 $ 208,300.00 $ 23.76 Per Foot 5,000 $ 118,800.00 $ 18.00 Per Foot 5,000 $ 90,000.00 4 8 INCH $ 28.04 Per Foot 1,000 $ 28,040.00 $ 65.35 Per Foot 1,000 $ 65,350.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 22.00 Per Foot 1,000 $ 22,000.00 $ 1,048,140.00 $ 1,796,150.00 $ 1,144,450.00 $ 1,127,000.00 5 2 INCH $ 17.81 Per Foot 1,000 $ 17,810.00 $ 24.58 Per Foot 1,000 $ 24,580.00 $ 15.28 Per Foot 1,000 $ 15,280.00 $ 15.00 Per Foot 1,000 $ 15,000.00 6 4 INCH $ 27.63 Per Foot 1,000 $ 27,630.00 $ 27.86 Per Foot 1,000 $ 27,860.00 $ 20.37 Per Foot 1,000 $ 20,370.00 $ 18.00 Per Foot 1,000 $ 18,000.00 7 6 INCH $ 40.23 Per Foot 1,000 $ 40,230.00 $ 56.33 Per Foot 1,000 $ 56,330.00 $ 22.92 Per Foot 1,000 $ 22,920.00 $ 20.00 Per Foot 1,000 $ 20,000.00 8 8 INCH $ 75.78 Per Foot 1,000 $ 75,780.00 $ 78.21 Per Foot 1,000 $ 78,210.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 29.00 Per Foot 1,000 $ 29,000.00 $ 161,450.00 $ 186,980.00 $ 89,120.00 $ 82,000.00 9 5/8 INCH $ 1,126.55 Per Location 400 $ 450,620.00 $ 1,850.00 Per Location 400 $ 740,000.00 $ 763.84 Per Location 400 $ 305,536.00 $ 550.00 Per Location 400 $ 220,000.00 10 3/4 INCH $ 1,126.55 Per Location 400 $ 450,620.00 $ 1,850.00 Per Location 400 $ 740,000.00 $ 763.84 Per Location 400 $ 305,536.00 $ 550.00 Per Location 400 $ 220,000.00 11 1 INCH $ 1,126.55 Per Location 100 $ 112,655.00 $ 2,400.00 Per Location 100 $ 240,000.00 $ 763.84 Per Location 100 $ 76,384.00 $ 550.00 Per Location 100 $ 55,000.00 12 2 INCH $ 1,536.20 Per Location 50 $ 76,810.00 $ 2,600.00 Per Location 50 $ 130,000.00 $ 1,527.68 Per Location 50 $ 76,384.00 $ 800.00 Per Location 50 $ 40,000.00 13 4 INCH $ 1,920.25 Per Location 50 $ 96,012.50 $ 3,800.00 Per Location 50 $ 190,000.00 $ 2,036.91 Per Location 50 $ 101,845.50 $ 1,000.00 Per Location 50 $ 50,000.00 $ 1,186,717.50 $ 2,040,000.00 $ 865,685.50 $ 585,000.00 14 5/8 INCH $ 1,351.85 Per Location 400 $ 540,740.00 $ 2,000.00 Per Location 400 $ 800,000.00 $ 916.61 Per Location 400 $ 366,644.00 $ 800.00 Per Location 400 $ 320,000.00 15 3/4 INCH $ 1,363.10 Per Location 400 $ 545,240.00 $ 2,000.00 Per Location 400 $ 800,000.00 $ 916.61 Per Location 400 $ 366,644.00 $ 800.00 Per Location 400 $ 320,000.00 16 1 INCH $ 1,351.85 Per Location 100 $ 135,185.00 $ 2,600.00 Per Location 100 $ 260,000.00 $ 916.61 Per Location 100 $ 91,661.00 $ 800.00 Per Location 100 $ 80,000.00 17 2 INCH $ 1,920.25 Per Location 50 $ 96,012.50 $ 2,900.00 Per Location 50 $ 145,000.00 $ 2,036.91 Per Location 50 $ 101,845.50 $ 1,200.00 Per Location 50 $ 60,000.00 18 4 INCH $ 2,694.54 Per Location 50 $ 134,727.00 $ 3,900.00 Per Location 50 $ 195,000.00 $ 3,182.67 Per Location 50 $ 159,133.50 $ 1,500.00 Per Location 50 $ 75,000.00 $ 1,451,904.50 $ 2,200,000.00 $ 1,085,928.00 $ 855,000.00 19 5/8 INCH $ 8.45 Per Foot 30,000 $ 253,500.00 7.61 Per Foot 30,000 $ 228,300.00 $ 9.17 Per Foot 30,000 $ 275,100.00 8.00 Per Foot 30,000 $ 240,000.00 20 3/4 INCH $ 8.45 Per Foot 30,000 $ 253,500.00 7.61 Per Foot 30,000 $ 228,300.00 $ 9.17 Per Foot 30,000 $ 275,100.00 8.00 Per Foot 30,000 $ 240,000.00 21 1 INCH $ 8.47 Per Foot 9,000 $ 76,230.00 9.13 Per Foot 9,000 $ 82,170.00 $ 9.17 Per Foot 9,000 $ 82,530.00 8.00 Per Foot 9,000 $ 72,000.00 22 2 INCH $ 12.80 Per Foot 7,000 $ 89,600.00 11.42 Per Foot 7,000 $ 79,940.00 $ 15.28 Per Foot 7,000 $ 106,960.00 12.00 Per Foot 7,000 $ 84,000.00 23 4 INCH $ 15.40 Per Foot 750 $ 11,550.00 15.22 Per Foot 750 $ 11,415.00 $ 22.92 Per Foot 750 $ 17,190.00 15.00 Per Foot 750 $ 11,250.00 $ 684,380.00 $ 630,125.00 $ 756,880.00 $ 647,250.00 24 5/8 INCH $ 13.67 Per Foot 100 $ 1,367.00 $ 22.21 Per Foot 100 $ 2,221.00 $ 25.46 Per Foot 100 $ 2,546.00 $ 15.00 Per Foot 100 $ 1,500.00 25 3/4 INCH $ 13.32 Per Foot 100 $ 1,332.00 $ 22.21 Per Foot 100 $ 2,221.00 $ 25.46 Per Foot 100 $ 2,546.00 $ 15.00 Per Foot 100 $ 1,500.00 26 1 INCH $ 13.67 Per Foot 200 $ 2,734.00 $ 23.80 Per Foot 200 $ 4,760.00 $ 25.46 Per Foot 200 $ 5,092.00 $ 15.00 Per Foot 200 $ 3,000.00 27 2 INCH $ 19.30 Per Foot 1,000 $ 19,300.00 $ 25.63 Per Foot 1,000 $ 25,630.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 15.00 Per Foot 1,000 $ 15,000.00 28 4 INCH $ 37.29 Per Foot 500 $ 18,645.00 $ 38.44 Per Foot 500 $ 19,220.00 $ 44.56 Per Foot 500 $ 22,280.00 $ 18.00 Per Foot 500 $ 9,000.00 29 6 INCH $ 51.87 Per Foot 500 $ 25,935.00 $ 58.60 Per Foot 500 $ 29,300.00 $ 53.47 Per Foot 500 $ 26,735.00 $ 20.00 Per Foot 500 $ 10,000.00 30 8 INCH $ 76.41 Per Foot 500 $ 38,205.00 $ 81.60 Per Foot 500 $ 40,800.00 $ 62.90 Per Foot 500 $ 31,450.00 $ 29.00 Per Foot 500 $ 14,500.00 $ 107,518.00 $ 124,152.00 $ 121,199.00 $ 54,500.00 31 2" SERVICE LINE OR LESS $ 132.12 Per Location 500 $ 66,060.00 $ 761.25 Per Location 500 $ 380,625.00 $ 763.84 Per Location 500 $ 381,920.00 $ 500.00 Per Location 500 $ 250,000.00 $ 66,060.00 $ 380,625.00 $ 381,920.00 $ 250,000.00 32 5/8 INCH $ 15.95 Per Foot 6,000 $ 95,700.00 $ 17.17 Per Foot 6,000 $ 103,020.00 $ 11.46 Per Foot 6,000 $ 68,760.00 $ 11.00 Per Foot 6,000 $ 66,000.00 33 3/4 INCH $ 15.95 Per Foot 6,000 $ 95,700.00 $ 19.31 Per Foot 6,000 $ 115,860.00 $ 11.46 Per Foot 6,000 $ 68,760.00 $ 11.00 Per Foot 6,000 $ 66,000.00 34 1 INCH $ 15.95 Per Foot 4,000 $ 63,800.00 $ 22.07 Per Foot 4,000 $ 88,280.00 $ 13.09 Per Foot 4,000 $ 52,360.00 $ 11.00 Per Foot 4,000 $ 44,000.00 35 2 INCH $ 19.76 Per Foot 15,000 $ 296,400.00 $ 25.75 Per Foot 15,000 $ 386,250.00 $ 17.46 Per Foot 15,000 $ 261,900.00 $ 11.00 Per Foot 15,000 $ 165,000.00 $ 551,600.00 $ 693,410.00 $ 451,780.00 $ 341,000.00 36 4 INCH $ 52.56 Per Foot 500 $ 26,280.00 $ 217.71 Per Foot 500 $ 108,855.00 $ 106.94 Per Foot 500 $ 53,470.00 $ 18.00 Per Foot 500 $ 9,000.00 37 6 INCH $ 86.95 Per Foot 500 $ 43,475.00 $ 237.50 Per Foot 500 $ 118,750.00 $ 133.67 Per Foot 500 $ 66,835.00 $ 20.00 Per Foot 500 $ 10,000.00 38 8 INCH $ 104.20 Per Foot 500 $ 52,100.00 $ 283.68 Per Foot 500 $ 141,840.00 $ 178.23 Per Foot 500 $ 89,115.00 $ 29.00 Per Foot 500 $ 14,500.00 $ 121,855.00 $ 369,445.00 $ 209,420.00 $ 33,500.00 39 5/8 INCH $ 13.03 Per Foot 7,000 $ 91,210.00 $ 13.41 Per Foot 7,000 $ 93,870.00 $ 9.17 Per Foot 7,000 $ 64,190.00 $ 8.00 Per Foot 7,000 $ 56,000.00 40 3/4 INCH $ 12.91 Per Foot 7,000 $ 90,370.00 $ 13.41 Per Foot 7,000 $ 93,870.00 $ 9.17 Per Foot 7,000 $ 64,190.00 $ 8.00 Per Foot 7,000 $ 56,000.00 41 1 INCH $ 12.96 Per Foot 4,000 $ 51,840.00 $ 13.41 Per Foot 4,000 $ 53,640.00 $ 9.17 Per Foot 4,000 $ 36,680.00 $ 8.00 Per Foot 4,000 $ 32,000.00 42 2 INCH $ 17.74 Per Foot 25,000 $ 443,500.00 $ 16.70 Per Foot 25,000 $ 417,500.00 $ 12.22 Per Foot 25,000 $ 305,500.00 $ 11.00 Per Foot 25,000 $ 275,000.00 43 4 INCH $ 19.52 Per Foot 1,500 $ 29,280.00 $ 31.67 Per Foot 1,500 $ 47,505.00 $ 16.45 Per Foot 1,500 $ 24,675.00 $ 15.00 Per Foot 1,500 $ 22,500.00 44 6 INCH $ 24.48 Per Foot 1,000 $ 24,480.00 $ 41.40 Per Foot 1,000 $ 41,400.00 $ 30.55 Per Foot 1,000 $ 30,550.00 $ 18.00 Per Foot 1,000 $ 18,000.00 45 8 INCH $ 35.20 Per Foot 500 $ 17,600.00 $ 71.38 Per Foot 500 $ 35,690.00 $ 40.34 Per Foot 500 $ 20,170.00 $ 22.00 Per Foot 500 $ 11,000.00 46 8 INCH $ 83.17 Per Foot 500 $ 41,585.00 $ 105.39 Per Foot 500 $ 52,695.00 $ 62.74 Per Foot 500 $ 31,370.00 $ 25.00 Per Foot 500 $ 12,500.00 $ 789,865.00 $ 836,170.00 $ 577,325.00 $ 483,000.00 47 2 INCH, WILLIAMSON $ 322.73 Each 100 $ 32,273.00 2,089.35 Each 100 $ 208,935.00 $ 784.30 Each 100 $ 78,430.00 502.50 Each 100 $ 50,250.00 48 5/8 INCH, WELD PUNCH TEE $ 161.36 Each 75 $ 12,102.00 1,392.90 Each 75 $ 104,467.50 $ 174.29 Each 75 $ 13,071.75 502.50 Each 75 $ 37,687.50 49 3/4 INCH WELD PUNCH TEE $ 161.36 Each 75 $ 12,102.00 1,392.90 Each 75 $ 104,467.50 $ 174.29 Each 75 $ 13,071.75 502.50 Each 75 $ 37,687.50 50 1 INCH, WELD PUNCH TEE $ 161.36 Each 50 $ 8,068.00 1,392.90 Each 50 $ 69,645.00 $ 174.29 Each 50 $ 8,714.50 502.50 Each 50 $ 25,125.00 51 MECHANICAL OR PE FUSED SERVICE TEE $ 434.77 Each 1,000 $ 434,770.00 55.00 Each 1,000 $ 55,000.00 $ 114.58 Each 1,000 $ 114,580.00 325.00 Each 1,000 $ 325,000.00 $ 499,315.00 $ 542,515.00 $ 227,868.00 $ 475,750.00 52 BAHIA/FLORATAN SOD $ 2.34 Per Sq Foot 150,000 $ 351,000.00 3.69 Per Sq Foot 150,000 $ 553,500.00 $ 2.09 Per Sq Foot 150,000 $ 313,500.00 1.50 Per Sq Foot 150,000 $ 225,000.00 $ 351,000.00 $ 553,500.00 $ 313,500.00 $ 225,000.00 53 BARRICADES OR SIGNS $ 2.64 Per Day 500 $ 1,320.00 96.84 Per Day 500 $ 48,420.00 $ 35.00 Per Day 500 $ 17,500.00 0.80 Per Day 500 $ 400.00 SOD TOTAL: MAINTENANCE OF TRAFFIC (MOT)The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC STEEL-WELD, MECHANICAL & PE TAPPING TEES TOTAL: SOD The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC DIRECTIONAL BORE - PLASTIC TOTAL: STEEL-WELD, MECHANICAL & PE TAPPING TEES The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC JACK AND/OR BORE - STEEL TOTAL: DIRECTIONAL BORE - PLASTIC The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC CASING PUSH/MISSILE TOTAL: JACK AND/OR BORE - STEEL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINE- CUT and CAP at MAIN TOTAL : CASING PUSH/MISSILE The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - STEEL TOTAL: SERVICE LINE - CUT AND CAP AT MAIN The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - PLASTIC TOTAL: SERVICE LINES - STEEL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - PLASTIC TOTAL: SERVICE LINES - PLASTIC (UNIT PRICE) Greater than 100 feet per location The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAIN LINES - PLASTIC TOTAL: MAIN LINES - STEEL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SERVICE LINES - PLASTIC TOTAL: SERVICE LINES - PLASTIC (LUMP SUM) 50-100 feet per location The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAIN LINES - STEEL: SERVICE LINES - PLASTIC (LUMP SUM) less than 50 feet per location The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAIN LINES - PLASTIC 54 ARROW BOARD $ 82.94 Per Day 25 $ 2,073.50 200.00 Per Day 25 $ 5,000.00 $ 25.00 Per Day 25 $ 625.00 28.75 Per Day 25 $ 718.75 55 CONES $ 2.64 Per Day 500 $ 1,320.00 25.00 Per Day 500 $ 12,500.00 $ 25.00 Per Day 500 $ 12,500.00 0.40 Per Day 500 $ 200.00 56 CLASS B HIGH DENSITY DOT LIGHTS $ 1.89 Per Day 15 $ 28.35 25.00 Per Day 15 $ 375.00 $ 50.00 Per Day 15 $ 750.00 N/A Per Day 15 N/A 57 LIGHT PLANT $ 131.96 Per Day 30 $ 3,958.80 150.00 Per Day 30 $ 4,500.00 $ 125.00 Per Day 30 $ 3,750.00 138.00 Per Day 30 $ 4,140.00 58 JERSEY BARRICADES $ 98.63 Per Day 25 $ 2,465.75 263.89 Per Day 25 $ 6,597.25 $ 250.00 Per Day 25 $ 6,250.00 N/A Per Day 25 N/A $ 11,166.40 $ 77,392.25 $ 41,375.00 $ 5,458.75 59 250 CFH DIAPHRAGM $ 712.44 Per Set 650 $ 463,086.00 130.32 Per Set 650 $ 84,708.00 $ 250.00 Per Set 650 $ 162,500.00 200.00 Per Set 650 $ 130,000.00 60 425-630 CFH DIAPHRAGM $ 831.19 Per Set 250 $ 207,797.50 162.90 Per Set 250 $ 40,725.00 $ 250.00 Per Set 250 $ 62,500.00 200.00 Per Set 250 $ 50,000.00 61 800 CFH DIAPHRAGM $ 980.23 Per Set 100 $ 98,023.00 217.21 Per Set 100 $ 21,721.00 $ 300.00 Per Set 100 $ 30,000.00 400.00 Per Set 100 $ 40,000.00 62 1,000 OR GREATER DIAPHRAGM $ 1,161.19 Per Set 50 $ 58,059.50 651.61 Per Set 50 $ 32,580.50 $ 550.00 Per Set 50 $ 27,500.00 400.00 Per Set 50 $ 20,000.00 63 3M ROTARY $ 904.83 Per Set 75 $ 67,862.25 1,750.00 Per Set 75 $ 131,250.00 $ 550.00 Per Set 75 $ 41,250.00 700.00 Per Set 75 $ 52,500.00 64 5M ROTARY $ 1,093.34 Per Set 25 $ 27,333.50 2,650.00 Per Set 25 $ 66,250.00 $ 550.00 Per Set 25 $ 13,750.00 700.00 Per Set 25 $ 17,500.00 65 7M ROTARY $ 1,206.44 Per Set 10 $ 12,064.40 4,250.00 Per Set 10 $ 42,500.00 $ 550.00 Per Set 10 $ 5,500.00 700.00 Per Set 10 $ 7,000.00 66 11M ROTARY $ 1,394.94 Per Set 10 $ 13,949.40 8,165.00 Per Set 10 $ 81,650.00 $ 550.00 Per Set 10 $ 5,500.00 700.00 Per Set 10 $ 7,000.00 $ 948,175.55 $ 501,384.50 $ 348,500.00 $ 324,000.00 67 ASPHALT $ 31.99 Per Inch Thickness 10,000 $ 319,900.00 18.04 Per Inch Thick 10,000 $ 180,400.00 $ 42.00 Per Inch Thickness 10,000 $ 420,000.00 12.50 Per Inch Thick 10,000 $ 125,000.00 68 LIMEROCK $ 3.12 Per Inch Thickness 5,000 $ 15,600.00 6.50 Per Inch Thick 5,000 $ 32,500.00 $ 11.68 Per Inch Thickness 5,000 $ 58,400.00 11.00 Per Inch Thick 5,000 $ 55,000.00 69 CONCRETE $ 13.98 Per Sq Foot 12,000 $ 167,760.00 20.02 Per Sq Foot 12,000 $ 240,240.00 $ 25.36 Per Sq Foot 12,000 $ 304,320.00 9.50 Per Sq Foot 12,000 $ 114,000.00 70 SHELL $ 3.13 Per Sq Foot 500 $ 1,565.00 8.50 Per Sq Foot 500 $ 4,250.00 $ 10.74 Per Sq Foot 500 $ 5,370.00 10.00 Per Sq Foot 500 $ 5,000.00 71 BRICK/PAVER REMOVAL $ 19.71 Per Sq Foot 2,000 $ 39,420.00 9.34 Per Sq Foot 2,000 $ 18,680.00 $ 12.22 Per Sq Foot 2,000 $ 24,440.00 5.00 Per Sq Foot 2,000 $ 10,000.00 72 BRICK/PAVER REPLACEMENT $ 29.57 Per Sq Foot 2,000 $ 59,140.00 30.00 Per Sq Foot 2,000 $ 60,000.00 $ 30.55 Per Sq Foot 2,000 $ 61,100.00 10.00 Per Sq Foot 2,000 $ 20,000.00 73 SEED AND MULCH $ 0.52 Per Sq Foot 10,000 $ 5,200.00 0.30 Per Sq Foot 10,000 $ 3,000.00 $ 0.21 Per Sq Foot 10,000 $ 2,100.00 0.50 Per Sq Foot 10,000 $ 5,000.00 74 FLOWABLE FILL $ 2.88 Per Cubic Foot 5,000 $ 14,400.00 14.80 Per Cubic Foot 5,000 $ 74,000.00 $ 7.54 Per Cubic Foot 5,000 $ 37,700.00 14.00 Per Cubic Foot 5,000 $ 70,000.00 $ 622,985.00 $ 613,070.00 $ 913,430.00 $ 404,000.00 75 2 INCH $ 7.39 Per Foot 1,500 $ 11,085.00 30.90 Per Foot 1,500 $ 46,350.00 $ 10.18 Per Foot 1,500 $ 15,270.00 10.00 Per Foot 1,500 $ 15,000.00 76 4 INCH $ 14.79 Per Foot 1,500 $ 22,185.00 36.35 Per Foot 1,500 $ 54,525.00 $ 18.33 Per Foot 1,500 $ 27,495.00 11.00 Per Foot 1,500 $ 16,500.00 77 6 INCH & GREATER $ 29.57 Per Foot 1,500 $ 44,355.00 105.00 Per Foot 1,500 $ 157,500.00 $ 26.73 Per Foot 1,500 $ 40,095.00 12.00 Per Foot 1,500 $ 18,000.00 $ 77,625.00 $ 258,375.00 $ 82,860.00 $ 49,500.00 78 5/8 & 3/4 INCH $ 14.33 Per Foot 3,000 $ 42,990.00 32.16 Per Foot 3,000 $ 96,480.00 $ 20.37 Per Foot 3,000 $ 61,110.00 8.00 Per Foot 3,000 $ 24,000.00 79 5/8 & 3/4 INCH $ 15.93 Per Foot 3,000 $ 47,790.00 32.16 Per Foot 3,000 $ 96,480.00 $ 20.37 Per Foot 3,000 $ 61,110.00 8.00 Per Foot 3,000 $ 24,000.00 80 1 INCH $ 17.92 Per Foot 3,000 $ 53,760.00 32.16 Per Foot 3,000 $ 96,480.00 $ 21.82 Per Foot 3,000 $ 65,460.00 8.00 Per Foot 3,000 $ 24,000.00 81 1 1/4 INCH $ 21.48 Per Foot 8,000 $ 171,840.00 32.16 Per Foot 8,000 $ 257,280.00 $ 25.46 Per Foot 8,000 $ 203,680.00 12.00 Per Foot 8,000 $ 96,000.00 82 2 INCH $ 25.06 Per Foot 8,000 $ 200,480.00 34.67 Per Foot 8,000 $ 277,360.00 $ 27.78 Per Foot 8,000 $ 222,240.00 12.00 Per Foot 8,000 $ 96,000.00 83 4 INCH $ 30.08 Per Foot 4,000 $ 120,320.00 38.00 Per Foot 4,000 $ 152,000.00 $ 57.29 Per Foot 4,000 $ 229,160.00 15.00 Per Foot 4,000 $ 60,000.00 84 6 INCH $ 37.60 Per Foot 4,000 $ 150,400.00 49.68 Per Foot 4,000 $ 198,720.00 $ 101.85 Per Foot 4,000 $ 407,400.00 18.00 Per Foot 4,000 $ 72,000.00 85 PE FUSED SERVICE TYPE TAP FEES $ 88.67 Each 1,000 $ 88,670.00 187.00 Each 1,000 $ 187,000.00 $ 254.61 Each 1,000 $ 254,610.00 50.00 Each 1,000 $ 50,000.00 86 3-WAY PE TEES $ 73.93 Each 200 $ 14,786.00 200.00 Each 200 $ 40,000.00 $ 381.92 Each 200 $ 76,384.00 50.00 Each 200 $ 10,000.00 $ 891,036.00 $ 1,401,800.00 $ 1,581,154.00 $ 456,000.00 87 LP TANK/METER PROTECTION $ 184.82 Per Pole 100 $ 18,482.00 217.21 Per Pole 100 $ 21,721.00 $ 125.00 Per Pole 100 $ 12,500.00 150.00 Per Pole 100 $ 15,000.00 88 METER PROTECTION $ 184.82 Per Pole 100 $ 18,482.00 217.21 Per Pole 100 $ 21,721.00 $ 125.00 Per Pole 100 $ 12,500.00 150.00 Per Pole 100 $ 15,000.00 89 DENSITY (includes testing) $ 87.47 Per Sq Foot 5,000 $ 437,350.00 17.00 Per Sq Foot 5,000 $ 85,000.00 $ 8.00 Per Sq Foot 5,000 $ 40,000.00 100.00 Per Sq Foot 5,000 $ 500,000.00 90 SHORING $ 28.40 Per Linear Ft 1,000 $ 28,400.00 9.97 Per Linear Ft 1,000 $ 9,970.00 $ 100.00 Per Linear Ft 1,000 $ 100,000.00 125.00 Per Linear Ft 1,000 $ 125,000.00 91 INSTALLATION OF WELL POINT HEADER PIPE $ 123.22 Per Linear Ft 1,000 $ 123,220.00 155.00 Per Linear Ft 1,000 $ 155,000.00 $ 50.00 Per Linear Ft 1,000 $ 50,000.00 100.00 Per Linear Ft 1,000 $ 100,000.00 92 WELL POINT RUNNING TIME $ 12.82 Per Hour 2,000 $ 25,640.00 69.20 Per Hour 2,000 $ 138,400.00 $ 50.00 Per Hour 2,000 $ 100,000.00 50.00 Per Hour 2,000 $ 100,000.00 93 WATER PUMP $ 21.87 Per Hour 500 $ 10,935.00 7.32 Per Hour 500 $ 3,660.00 $ 50.00 Per Hour 500 $ 25,000.00 15.00 Per Hour 500 $ 7,500.00 94 GROUND PENETRATING RADAR $ 444.87 Per Hour 100 $ 44,487.00 135.00 Per Hour 100 $ 13,500.00 $ 150.00 Per Hour 100 $ 15,000.00 240.00 Per Hour 100 $ 24,000.00 95 VACUUM LOCATING $ 150.81 Per Hour 200 $ 30,162.00 309.10 Per Hour 200 $ 61,820.00 $ 275.00 Per Hour 200 $ 55,000.00 105.63 Per Hour 200 $ 21,126.00 96 WELDER & RIG $ 322.73 Per Hour 100 $ 32,273.00 109.90 Per Hour 100 $ 10,990.00 $ 125.00 Per Hour 100 $ 12,500.00 85.00 Per Hour 100 $ 8,500.00 97 TRACK HOE $ 110.99 Per Hour 25 $ 2,774.75 114.30 Per Hour 25 $ 2,857.50 $ 55.00 Per Hour 25 $ 1,375.00 45.00 Per Hour 25 $ 1,125.00 98 DUMP TRUCK $ 65.04 Per Hour 50 $ 3,252.00 119.32 Per Hour 50 $ 5,966.00 $ 40.00 Per Hour 50 $ 2,000.00 55.00 Per Hour 50 $ 2,750.00 99 TRACTOR & TRAILER $ 113.10 Per Hour 50 $ 5,655.00 104.49 Per Hour 50 $ 5,224.50 $ 75.00 Per Hour 50 $ 3,750.00 55.00 Per Hour 50 $ 2,750.00 100 CONCRETE SAW $ 22.05 Per Hour 250 $ 5,512.50 7.48 Per Hour 250 $ 1,870.00 $ 18.00 Per Hour 250 $ 4,500.00 10.00 Per Hour 250 $ 2,500.00 $ 786,625.25 $ 537,700.00 $ 434,125.00 $ 925,251.00 BID TOTAL:$10,671,983.20 $13,742,793.75 $9,626,519.50 $7,323,209.75 101 HOURLY RATE FOR OTHER SERVICES (Minimum 1 hour charge) $ 226.04 Per Hour $ 93.50 Per Hour $ 75.00 Per Hour 195.00$ Per Hour (4 man crew) 102 OVERTIME RATE $ 226.04 Per Hour $ 115.00 Per Hour $ 115.00 Per Hour 292.50$ Per Hour (4 man crew) OTHER SERVICES The Fishel Company Southeast Connections LLC R.A.W. Construction LLCJ W HARRIS CONTRACTORS INC OTHER PAY ITEMS TOTAL: OTHER SERVICES The Fishel Company Southeast Connections LLC R.A.W. Construction LLCJ W HARRIS CONTRACTORS INC PE - UNDERGROUND EXTERIOR HOUSE PIPING TOTAL: OTHER PAY ITEMS The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC PIPE REMOVAL TOTAL: PE - UNDERGROUND EXTERIOR HOUSE PIPING The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC SURFACE RESTORATIONS TOTAL: PIPE REMOVAL The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC METER AND REGULATOR INSTALLATION TOTAL: SURFACE RESTORATIONS The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC MAINTENANCE OF TRAFFIC (MOT) TOTAL: METER AND REGULATOR INSTALLATION (Includes connection to customer house-piping)The Fishel Company Southeast Connections LLC R.A.W. Construction LLC J W HARRIS CONTRACTORS INC Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5821 Agenda Date: 3/21/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. SUMMARY: The current collective bargaining agreement between the City of Clearwater and FOP Lodge 10 expired on September 30, 2018. The parties reached a tentative agreement for a new contract which was ratified by the membership. The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for all classifications in the first year effective the first pay period after ratification by the Council. It also provides a step pay increase of either 5% or 2.5 % depending on years of service and provides for all pay ranges to be adjusted by 3% in the first year. In the second and third year of the agreement, it provides for a 3% general wage increase plus a step pay increase of either 5% or 2.5 % depending on years of service and a 3% pay range adjustment for all classifications. It also increases shift differential pay to 10% for the night shift and provides for 5% job assignment pay for officers assigned to Canine in lieu of the $40 per pay period. APPROPRIATION CODE AND AMOUNT: A cumulative value of this agreement over the three-year term is $2,334,861. The cost associated with the implementation of this agreement by fiscal year is anticipated to be approximately as follows: FY 2018/19 $764,901 FY 2019/20 $772,539 (cumulative total of $1,537,440 for FY2019/20) FY 2020/21 $797,421 (cumulative total of $2,334,861 for FY2020/21) Funds are available in the FY2018/19 budget to cover the current year of this agreement. Future budgets will include the contract costs in the proposed budget. Page 1 City of Clearwater Printed on 3/20/2019 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2018-2019 2019-2020 2020-2021 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 3 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 4 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices .......................................................................11 Police Officers’ Duties ................................................................................ 11 Special Duty Call Out .................................................................................. 11 Off-Duty Calls ............................................................................................. 11 Probationary Periods ................................................................................... 12 Promotional Procedures ............................................................................. 13 Establishment and Duration of Eligibility Lists ...................................... 14 Removal of Names from Eligibility Lists ................................................. 14 Appointments............................................................................................... 15 Productivity .................................................................................................. 15 Training ......................................................................................................... 15 Personnel Records ....................................................................................... 15 Residency Requirements ............................................................................. 16 Tobacco Product Usage .............................................................................. 16 Seat Belts and Safety Gear .......................................................................... 16 Off-Duty Concealed Weapons .................................................................. 17 Physical Examinations, Inoculations, and Fitness .................................. 17 Outside Employment .................................................................................. 18 Legal Protection ........................................................................................... 19 Copies of Municipal Code .......................................................................... 19 Paycheck Issuance ....................................................................................... 19 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Article 7 (continued) Master Officer Designation…………………………………………19 Subcontracting…………………………………………………...…19 Article 8 Leaves of Absence ........................................................................ 20 Designated Holidays .................................................................................... 20 Floating Holidays ......................................................................................... 21 Vacation ........................................................................................................ 23 Sick Leave ..................................................................................................... 24 Bonus Leave Days ....................................................................................... 27 Leave Pool .................................................................................................... 27 Funeral Leave ............................................................................................... 29 Military Leave ............................................................................................... 29 Time Off ....................................................................................................... 31 Leave Without Pay ...................................................................................... 32 Article 9 Wages & Compensation ............................................................... 33 Wages ............................................................................................................ 33 Overtime ....................................................................................................... 35 Compensatory Time .................................................................................... 36 Shift Differential .......................................................................................... 36 Standby .......................................................................................................... 36 Recall ............................................................................................................. 37 Acting Pay ..................................................................................................... 37 Job Assignment Pay .................................................................................... 37 Canine Officers ............................................................................................ 38 Court Attendance and Standby .................................................................. 39 Line-of-Duty Injury ..................................................................................... 40 Uniform Allowance ..................................................................................... 42 Tuition Refund ............................................................................................. 42 Article 10 Insurance ...................................................................................... 42 Article 11 Performance & Discipline ............................................................ 43 Article 12 Drug & Alcohol Policy ................................................................. 44 Article 13 Retirement .................................................................................... 45 Article 14 Seniority, Layoff, and Recall ........................................................ 45 Article 15 Duration, Modification, & Termination ...................................... 48 Appendix A Pay Schedules ..................................................................................i Page 1 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 239, dated June 24, 1976, as modified by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include Police Service Technicians) and amended by Case No. AC-2003-008 (substitution of F.O.P. Lodge #10 as certified bargaining agent), which certification includes all Police Officers below the rank of Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully completed the State law enforcement certification exam, "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from this recognition. Part time Police Officers assigned to a public or charter schools, will serve as a law enforcement officer to the campus. These positions will follow the Pinellas County school calendar year for all designated breaks and holiday closures. Time off during these designated breaks and school closures will be without pay, the Part time Police Officer may use accrued vacation leave to supplement their pay during these unpaid breaks. The positions will be eligible for health insurance during their employment. Any paid holidays that occur during the designated breaks will not be paid, all other holidays will be paid according to this contract. Positions are not eligible to participate in the City’s pension plan but would contribute to social security. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each Page 2 voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 3. Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. Section 4. Existing Rules A Police Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departmental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct for members of the bargaining unit. The Union shall have the right to meet with the Police Chief or his/her designee to discuss the item. Page 3 ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefore during the term of this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreement. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2. It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer’s Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non- membership in any employee organization. Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Page 4 Section 5. The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the Grievance Procedure contained herein, but shall be subject only to the method of review prescribed by law. Section 6. City’s Management Rights A. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for just cause; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. B. If in the discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement will be pursuable on termination of the declared emergency. C. Management shall not assign, reassign, discipline, demote, or discharge any employee of the bargaining unit in an arbitrary or capricious fashion. D. The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement upon timely request by the Union and to the extent provided by law. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement the City agrees to deduct dues owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statement from each employee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. Page 5 Upon notification from the Union as to the amount, the City shall raise the dues deduction according to the established amount provided in the Union bylaws. This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Stewards -- The stewards of the Union shall consist of active, current sworn employees of the bargaining unit or their designee. The Union will submit a list of the elected officers, stewards, and designees to the Chief of Police and shall notify the Chief of Police of any changes to the list. Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union President or another steward for representation. A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with dues deduction. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. D. Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Such hours shall also be used for time spent by bargaining unit members at any meetings pertaining to the City of Clearwater where the members are specifically representing the interests of the Union. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this time shall be made in advance in writing and submitted on the proper form by one of the elected officers of the bargaining unit to the immediate supervisor of the bargaining unit member who will be utilizing the union time. The Police Chief or his/her designee will grant such time off provided that, in his/her sole and unlimited discretion, the efficiency of operation of the department will not be interfered with or impaired. Any portion of the time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into Page 6 the next annual period. Union time for contract negotiations may be negotiated as part of the contract ground rules. E. Union Notification Media -- The City agrees to provide space on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P. information. The Police Chief or his/her designee shall review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political campaigns. F. Rules and Regulations and Memorandums (a) The President of the Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b) The President of the Union or his/her designee shall be forwarded a copy of the meeting time and place of the Civil Service Board in advance of that meeting. G. Posting and Copying of Agreement -- The City and the Union further agree to provide each member of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing shall be shared equally by both parties. H. Use of Copying Equipment -- The City agrees to allow the Union officers to use the Departmental copying equipment while off-duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b) The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c) Departmental business will of course take priority and the Union will only be allowed to make copies while the Department is not otherwise using the copier. I. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with. Page 7 K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly affects members of the bargaining unit, the Union President or his/her designated representative may petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld. L. With prior approval and providing the department determines in its sole discretion that there will be no adverse impact to operations, the Secretary, Treasurer, State Trustee or Board Member will be permitted to attend labor meetings or the regular monthly meetings of the Lodge if they are working. However, they will be subject to call, and such meeting hours shall not be counted toward the Union time referenced in paragraph D of this Section. M. The City shall grant the Union time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his/her designee. The Department will grant such time off provided that in the opinion of the Department operations will not be interfered with. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Section 3. Should any member of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. Page 8 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and discuss the issue with the immediate supervisor. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. The grieving party must state in writing the remedy sought to resolve the grievance. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Any grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs sign the grievance. Page 9 STEP 1 If the issue is not resolved by the immediate supervisor, the aggrieved employee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the employee’s chain of command, the aggrieved employee shall appeal to the next step. The lieutenant shall review the grievance and meet with the employee and an official bargaining unit Steward or other representative if one is requested. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The lieutenant shall submit a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. Where the lieutenant determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved employee within ten (10) working days of the date of the answer in the first step, shall present it to the Division Head or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) working days of the date of notification from the Division Head or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Chief of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee and an official bargaining unit Steward or other representative if requested. The City may determine who shall meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction. Page 10 Section 3. In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section. A. Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved party, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, and then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days from the filing of briefs by the parties. C. The arbitrator shall arbitrate solely the issue presented. D. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. Section 4. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Page 11 ARTICLE 7 PERSONNEL PRACTICES Section 1. Police Officers’ Duties A. The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A. All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than 5 working days prior to that event including canine demonstrations. B. This section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, Traffic section, Canine Team, Community Problem Response and Liaison Teams are subject to adjustments of their hours and/or days to meet the circumstances at hand. Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. Section 3. Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor for departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a) If the call is eight (8) minutes or less, the employee shall be credited with one-fourth of an hour of work time. (b) If the call is greater than eight (8)minutes, the employee shall be credited with the actual time involved for work time. Page 12 (c) If the employee is called by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor, and as a result of the call is required to take an official action at home on behalf of the City to obtain information, to call other employees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid. (d) Employees shall be compensated for any self-generated telephone calls that are deemed appropriate and duly authorized for payment by their immediate supervisor. Section 4. Probationary Periods A. Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar months during which time the Department shall observe and review the employee's job performance, attendance, attitude and adherence to Departmental and City requirements. If during the initial probationary period, or at the end of such period, the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or may be separated by the City. The employment status of an employee whose probationary period is extended shall remain the same as that during the initial probationary period. An employee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the employee reasons for separation in such event. In the event that the employee was previously a certified City employee who was promoted, said employee may have his/her promotional probationary period extended, or may be returned to his/her former position provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position at the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated and have his/her name placed on a re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. B. Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve an initial probationary period consisting of the time required to successfully complete the Field Training Officer Program and an additional twelve (12) consecutive calendar months following the successful completion of the Field Training Officer program during which time the Department shall observe and review the employee's job performance, attendance, attitude, and adherence to Departmental and City requirements. Page 13 If, during the initial or promotional probationary period or at the end of such period the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial or promotional probationary period extended or may be separated by the City. The City shall present to the employee reasons for separation in such event. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been previously certified under Civil Service rules in another classification and who is promoted to Police Officer and subsequently fails to satisfactorily complete the promotional probationary period as a Police Officer may have his/her promotional probationary period extended, or may be returned to the former non-police City position which the employee previously held as a certified employee provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position of the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated by the City and placed on the re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. Section 5. Promotional Procedures A. All non-probationary Police Officers who have completed five years of service as an Officer in the Clearwater Police Department shall be eligible to compete for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to compete for the position of Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager/designee. B. The minimum educational requirement for promotion to Police Sergeant shall include a two- year degree, or the equivalent credit hours from an accredited college or university. C. The promotional eligibility process for Police Sergeant will consist of an evaluation of established criteria which may include a written examination, oral interview, education and prior experience, specialized assignments, performance evaluations, prior disciplinary actions, seniority, or other factors as determined by the Police Chief. Such criteria shall be noted on the announcement of each eligibility determination process, and shall be weighted and scored to obtain a final eligibility rating for each candidate. The promotional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B of that Section. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this or other applicable Agreement. Page 14 Section 6. Establishment and Duration of Lists The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each time an opening exists. Names of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating determined by the established evaluation process, and names of candidates shall be placed on the Police Service Technician eligibility list in alphabetical order of all persons who have been determined to meet the minimum eligibility criteria. The City shall not be required to prepare a promotional eligibility list solely because there is not an available list, unless there is a current opening. Section 7. Removal of Names from Lists Names of eligibles shall be removed from the appropriate Eligibility List by operation of any of the following: (a) Appointment through certification from such list to fill a permanent position. (b) Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c) Declination of appointment when appointment is offered by the Police Chief or City Manager/designee. (d) Separation from the City service of an employee on a promotional list. (e) Disability that prevents the eligible from performing satisfactorily the duties of the position. (f) Removal from the employment area designated by the City when such residence is required as a condition of appointment. (g) Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. (h) Names of eligibles may be removed from the Eligibility List if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employment background, training, education, or character. (i) Any examinee who divulges to any other person information relating to questions and/or materials contained in a test will be subject to disqualification from the Eligibility List and to discipline. Page 15 Section 8. Appointments Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated job performance, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the time candidates are advised that a selection process will be conducted. An eligible who has been interviewed for an opening need not be interviewed again for a period of two years unless the eligible requests such. The department shall counsel with any eligible who is not selected for promotion upon the request of the employee. The City and Union agree that this Section may be reopened during the period from October 1, 2018 to September 30, 2021 for the purpose of negotiating mandatory subjects of bargaining related to the promotional selection process only. If this Section is reopened and the parties are unable to reach agreement, the existing language and related process shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 9. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 10. Training Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The department will select officers for attendance using these criteria: (a) Ability of the officer as shown in performance evaluation. (b) The officer's duties and assignments (past, present and future). (c) Seniority in the department. (d) The officer's demonstrated interest. (e) Available personnel and staffing needs of the Department. (f) The amount of prior training received. Page 16 All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless (1) attendance at the training is voluntary and (2) the training occurs outside the employee’s regular work hours and (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. Section 11. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefore, such information shall be released in accordance with Florida Statutes governing public records. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 12. Residency Requirements Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County and Hillsborough County from the western boundary eastward to Interstate 75. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13. Tobacco Product Usage Sworn employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Section 14. Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Employees are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. Page 17 All officers will be issued body armor (bullet resistant vest). All officers shall wear the body armor at all times while in any police uniform with the exception of the Honor Guard uniform. All other officers will have the body armor readily available while on duty. No employee will be placed on patrol duties or hazardous assignments (e.g. search warrants, SWAT operations, ERT operations, etc.) until body armor has been issued. Section 15. Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has met departmental qualification standard for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm for which the Department armorer is unqualified to perform maintenance will be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certification to the Department that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45. Officers who are temporarily assigned to Department approved undercover assignments other than full-time Detective assignments may carry their Department issued firearm or a personally owned “off-duty” firearm provided that the Officer has met the Department’s qualification, inspection, and any other requirements for off-duty weapons as defined herein and in accordance with Department policy. Officers shall carry only ammunition approved by the Department armorer in both their on- duty and off-duty firearms. The Department will provide ammunition for on-duty use, qualifying, and open range day only for Department issued firearms or for Department authorized off-duty firearms of the same caliber as the Department issued firearms only. It will be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition. Section 16. Physical Examinations, Inoculations, and Fitness A. The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. Police Officers are required to undergo an annual physical examination as determined by the Police Chief. Physical examinations shall be in accordance with current medical guidelines that are gender and age specific. The physical examination will be performed by Life Scan Wellness Center. Page 18 The cost of the Life Scan Wellness Examination will be paid by the City. The employee shall provide the Department a “Fitness for Duty Report” from the Life Scan Wellness Physician which shall include, but not be limited to, the specifics of any heart related condition including preventive care recommendations. B. In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the officer's household. C. Proof of the exam must be submitted prior to the employee’s annual performance evaluation date. D. Employees may schedule said physicals while on duty. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. However, evening and night shift employees shall be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. The maximum amount of flex time permitted for employee physicals shall be five hours for Life Scan Wellness Examination. E. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The Life Scan Examination will not be used as the sole justification for a fitness for duty examination. The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. F. The City and the Union may mutually agree to reopen negotiations to discuss monetary incentives for physical fitness. Section 17. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items Page 19 affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon the mutual agreement of the parties. Section 18. Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to members of the unit upon request. Section 20. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Employees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided 14 days written notice is given to the City’s payroll division. Section 21. Master Officer Designation The City and Union agree that this Article may be reopened during the period from October 1, 2018 to September 30, 2021 for the purpose of negotiating mandatory subjects of bargaining related to the development and implementation of a Master Officer designation only. If this Article is reopened and the parties are unable to reach agreement, the existing language shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 22. Subcontracting The City agrees that for the period from October 1, 2018 through September 30, 2021, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Officer’s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Section 23. Regular Work Hours Employees classified as a Police Service Technician or Police Service Technician Supervisor excluding those assigned outside the Telephone Reporting Unit are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until Page 20 released by competent authority and will not leave their work station or locations before their appointed quitting time. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked pay for up to the first seven minutes and fifty-none seconds after their appointed starting time. Employees will not be paid for periods of work performed in increments of seven minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who work eight minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/4 hour for all such time. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be nine (9) paid holidays. They shall be: New Year's Day January 1 Martin Luther King Day Federal Holiday President's Day Federal Holiday Memorial Day Federal Holiday Independence Day July 4 Labor Day Federal Holiday Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 The City shall permit the use of bargaining unit seniority within existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. If an employee is scheduled to work on a holiday, the employee’s scheduled shift must have the majority of hours on the actual scheduled holiday to receive holiday pay. Additional time worked immediately preceding or following the holiday shift does not determine holiday pay. B. In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. C. In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D. Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. Page 21 E. An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour, 10-hour, and 12-hour officers are paid eight (8) hours holiday pay. Both types of employees have worked 40 hours and are paid 48 hours – a full week plus one (1) holiday. F. Floating Holidays: In addition to the designated holidays above, employees shall be entitled to up to four (4) floating holidays as herein provided. Neither the holidays listed in paragraph (A) above nor any day for which an employee is not scheduled to work may be selected as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: (a) No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. (b) During the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following: Date of Hire Floating Holidays Awarded January to the end of March 4 April to the end of June 3 July to the end of September 2 October to the end of December 1 (c) Floating holidays must be taken in full-day increments and may not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. (d) An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend. The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election. (e) Floating holidays are scheduled at the mutual convenience of the employee and the Department. G. Pay procedures regarding specific situations as related to holidays follow: NOTE: Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 employee, 10 hours for the 4/10 employee, and 12 hours for the 12-hour employee) and shall not be charged sick leave. Page 22 (a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift, ten (10) hours holiday pay for the 4/10 shift, and 12 hours for the 12 hour shift.. All are employees are paid for a regular work week -- a standard work week minus one work day plus one day holiday. (b) Procedure when holiday falls on officer's scheduled work day and officer works the day: Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. (c) Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Whether the overtime hours are straight overtime or premium overtime is determined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (d) Procedure when holiday falls on officer's scheduled work day and officer takes part of the day off: Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. A Police Officer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. (e) Procedure when holiday falls on officer's regular day off, but officer works overtime: Employees on 5/8, 4/10 and 12 hour shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week. (f) Procedure when premium holiday falls on officer's scheduled work day and employee works his/her scheduled day: Employee receives 2-1/2 times regular pay for all hours worked. (g) Procedure when premium holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2- 1/2 times regular pay for all hours worked. (h) Procedure when premium holiday falls on officer's scheduled work day but officer takes part of the day off: If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i) Procedure when premium holiday falls on officer's regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay as determined by overtime calculations. (If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) Page 23 NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be accrued on a bi-weekly basis and will be pro-rated according to hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 - 2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 - 10 4.923 128 11 5.231 136 12 5.538 144 13 - 14 5.846 152 15 – 19 6.154 160 20 & Over 6.462 168 2. The vacation year shall be the calendar year. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Police Department Regulations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation in increments of tenths of an hour. 3. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. 4. The borrowing of vacation time prior to its accrual is prohibited. 5. There is no advancing of vacation pay. 6. An employee must be employed for six (6) months prior to requesting the use of vacation leave. 7. Compensatory time off may be taken in conjunction with a regular vacation if authorized. Page 24 C. Maximum Accrual of Vacation Leave The maximum amount of vacation leave that may be accumulated is 320 hours. D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill for more than three (3) consecutive days, while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 320 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Section 3. Sick Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A. Sick Leave Accrual Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biweekly basis. (i.e., An employee on a forty-hour work week earns twelve (12) days per calendar year.) B. Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. Page 25 C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another department or classification. 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) 4. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave Sick leave may be authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse, or other permanent member of the “immediate household” living together as family. F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2. Failure to do so may be the cause for denial of sick leave and other disciplinary action. Page 26 G. Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours, provided: 1. That the rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than forty (40) hours per week. 2. The employee if sworn has had at least twenty (20) years of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a minimum of five years service. Leaves of absence without pay, suspensions, and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers’ Compensation shall not be deducted from continuous service. 3. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4. The employee’s estate shall receive payment if an employee dies. 5. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave or who attempts to utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment may be suspended or terminated. I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. Page 27 J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight, Ten, or 12-Hour Shifts Zero Time 2 Eight, Ten, or 12-Hour Shifts More than zero time but less than 2 days 1 Combination of Eight, Ten, and 12-Hour Shifts More than zero time but less than 2 days combined as:  2 Eight-hour days  2 Ten-hour days  2 Twelve-hour days  1 Ten-hour day and 1 Eight-hour day 1 1. Bonus Leave Days must be used in full day increments. 2. Bonus Leave Days are not included in overtime calculations. 3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. 4. Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4. Leave Pool A joint leave pool will be established by members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. Page 28 B. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 1. The committee shall consist of two (2) members designated by each bargaining unit, and one member designated by the other four members. 2. The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. 3. The committee's decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. C. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year. 1. No employee shall be permitted to donate more than four (4) days of leave per year to the pool. In the event that the number of days in the leave pool becomes less than fifty leave days, the committee may open up the opportunity for additional donations to be made during the calendar year. The 4-day donation limit shall not be modified. 2. All donations of pool leave time must be in full-day increments based on the employee's full- time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). 3. Donations of pool leave time are irrevocable. 4. No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool within the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. E. When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-day basis, irrespective of whether the employee works an eight-hour or ten-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of the 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. Page 29 F. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 5. Funeral Leave Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." Death in the "immediate" family shall be defined as a death of a spouse or domestic partner of record, as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild, domestic . This is not chargeable to sick leave. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband or other member of the employee’s immediate household. Additional time, chargeable to sick leave, may be granted with the approval of the Police Chief. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law: 1. For inductees, the minimum period of time required to be served. 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. 3. For reservists, the minimum period of time required to be served. B. For the purposes of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force and Coast Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. Page 30 C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. 6. The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. E. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. Page 31 F. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. G. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. H. For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of 240 hours per calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: 1. For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Department. 2. For serving on a jury. The employee may be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be limited to the actual time spent in training up to the number of hours in the employee’s standard workweek. Employees shall be compensated in accordance with provisions of the Fair Labor Standards Act for time spent in training beyond the number of hours in the employee’s standard workweek when such time has been duly authorized in advance by the Department. Page 32 4. When directed by the City Manager or Police Chief to attend in-service training or other in- service meetings, including authorized safety meetings. B. An employee may be granted time off without compensation for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefore, and further provided that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/her designee. C. With the prior approval of the Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of employees or their wives or husbands, or military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to two designated Honor Guard members, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Section 8. Leave Without Pay A. A regular employee may on written application therefore, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1. The physical or mental disability of the employee. 2. The employee has announced his/her candidacy for public office. 3. The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service. 4. Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of absence. 5. Maternity/child care leave in accordance with the City’s Family and Medical Leave Act Policy to enable a parent to care for a newborn, newly adopted or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. An employee may request to utilize vacation, holiday, and comp time to continue pay status in accordance with current federal or state guidelines on family medical leave. B. Leave for any of the above reasons shall be subject to the following regulations: Page 33 1. Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be renewed upon written application therefore by the employee and approved by the City Manager. 2. An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of the leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3. In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the re-employment list for the class or position nearest approximating that in which he/she was employed immediately prior to such leave, provided he/she is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same re-employment list, the names shall be arranged in order of City seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: Police Officers Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Page 34 Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2.5% increase for each step advancement from Step 6 through Step 12. Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the three month follow-up review. Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follow-up rating is still less than satisfactory, the employee shall be reevaluated in another three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the second three-month follow-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follow-up review rating is still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B. Effective the first full payroll period after the City of Clearwater Council ratifies F.O.P. #10 Union Collective Bargaining Agreement, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2018 through September 30, 2019, employees shall advance in Step as provided for in Section 1A of this Article. Effective for the beginning of the payroll period that includes October 1, 2019, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2019 through September 30, 2020, employees shall advance in Step as provided for in Section 1A of this Article. Effective for the beginning of the payroll period that includes October 1, 2020, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2020 through September 30, 2021, employees shall advance in Step as provided for in Section 1A of this Article. Any further step advancements after September 30, 2021 will be dependent upon and subject to negotiations in any successor Agreement. Page 35 Pay ranges in Appendix A shall be updated to reflect the general wage increases as defined in 1B. C. Lateral Entry for New Hire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two years of verifiable experience at a prior agency up to a maximum lateral entry of step three. All lateral entry Officers would continue to be eligible to receive negotiated general wage increases while in a step. Section 2. Overtime Pay A. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. If a regularly scheduled work day is to be canceled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly scheduled work day will be canceled for the sole purpose of avoiding overtime pay. Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in any one work week. An authorized FLSA exception are 12-hour shifts. FLSA provides for an 84-hour, 14 day work period. Overtime accrues for hours worked in excess of 84. Overtime: Overtime will be paid for time worked in excess of 84 hours during the 14 day work period. Sick or Vacation time utilized during the same 14 day period will cause time worked in excess of 84 hours to revert to straight time as is the current practice for the 40 hour work week. (Overtime accrual in excess of 84 hours exceeds the FLSA requirement). In the event 12 hour shift were to be implemented anywhere other than District I, the Pitman schedule would be utilized as has been the practice in District I. C. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. D. The work week shall be from Saturday through the following Friday. All hours for shifts that begin on one work day and end on the next work day shall be counted on the work day where the majority of the hours for the shift fall. When shift hours are evenly split between two work days, all hours for the shift shall be counted on the work day the shift begins. E. An employee may be required to work overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, the employee’s services are deemed necessary. Page 36 Section 3. Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Major or other employee’s appropriate supervisor. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time at separation from City service. Section 4. Shift Differential A bargaining unit member shall be entitled to shift differential pay as set forth in this Section. A. For purposes of computing shift differential pay the following shift series and payments are established: Shift Series No. Hours Payment Per 14-Day Period 100 2400-0700 10% 200 0700-1600 0% 300 1600-2400 5% The payments shall be computed as a percentage of the employee's base pay, including his/her merit and longevity step. B. An officer's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer's shift. Any employee working 12-hour shifts would receive the 10% differential if assigned to a team designated as night shift. Temporary shift or duty assignments of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. C. Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5. Standby Pay An employee assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday $30.00 for Saturday $30.00 for Sunday Page 37 Only the Police Chief or his/her designee may place an employee on standby. This Section will also apply to all Telephone Alert situations. Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the employee can be disciplined for his/her failure to comply. This specifically excludes court appearances. Police Officers will be paid for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked in lieu of the rescinded vacation time. An employee’s vacation balance will not be charged for any time actually worked. Section 7. Acting Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said employee shall receive acting pay retroactive to the date the assignment began. When a Corporal serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin. Acting pay is five percent (5%) above the employee's base salary. Section 8. Job Assignment Pay A. Police Officers who are assigned to the Office of the Chief, Criminal Investigations Division, Support Services Division, Corporal, Canine, or the Field Training and Evaluation Program shall be provided 5% above the employee’s current base rate of pay. Police Service Technicians and Police Service Technician Supervisors who are assigned Field Training shall be provided 5% above the current base rate of pay for any hours they are assigned to act as trainers in a formal training capacity. B. Police Officers who are assigned as, Mobile Command Center operator, Sex Crime Investigator, or Traffic Homicide Investigator, shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2018 through September 30, 2021– $25 per payroll period. Police Officers who are assigned to Community Policing Squads, SWAT Team, Traffic Section, or School Resource Officer shall be provided with the following amounts in addition to the employee’s current base rate of pay: Page 38 October 1, 2018 through September 30, 2021– $40 per payroll period. Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more than ten consecutive work days shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2018 through September 30, 2021- $50 per payroll period C. An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. In such case, the employee shall receive the amount of the greater assignment pay differential for each category concerned. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. Job assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Section 9. Canine Officers A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B. Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C. No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. Page 39 D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2018 through September 30, 2021, an allowance of $125.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court Attendance and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive payment for the greater of a minimum of three hours or actual time worked if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time-off, he/she will receive payment for the greater of a minimum of two hours or actual time worked. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standby status as of the date and time required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on standby under the provisions of this Section will receive straight time pay for each hour spent on standby with a minimum of three hours pay. The three-hour minimum does not apply if prior to the end of the three-hour period: 1. The employee reports for duty. Standby pay stops at the time the employee reports for duty. Page 40 2. The employee shall be notified via email or telephone as determined by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. 3. If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions: (a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. (c) The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty compensation supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. (Changes in workers' compensation law will modify this paragraph accordingly.) (e) The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any time taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions Page 41 concerning definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control. (g) The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers' Compensation Law in order to equal the employee’s regular rate of pay with no charge to the employee's accrued paid leave when an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. Such line-of-duty compensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of employment for each specific injury; sixty (60) calendar days during the second year of employment; and thirty (30) calendar days during the third year of employment. (h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above; however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of- duty injury pay is provided. (i) Line-of-duty injury pay shall not be provided to any employee after the third year of employment. Following the time limits prescribed for the provision of line-of-duty compensation in paragraph (g) above, employees shall be required to utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. (j) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (k) Failure to report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (1) caused solely by and as a direct result of the employee's injuries, or (2) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. (l) Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law Page 42 (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniform Allowance A. The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment. B. Police Officers who work outside the Patrol division and who are not provided the standard issue of uniforms or other clothing by the department shall receive a clothing allowance of $900 each year for Fiscal Years2018/2019; 2019/2020, and 2020/2021. The clothing allowance shall be paid quarterly to the applicable bargaining unit members who are actually assigned and working on the quarterly dates specified in the Department’s General Orders. C. The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. D. Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $1,500 for the period from October 1, 2015 through September 30, 2018. However, the City shall reimburse up to $1,800 annually for tuition fees of approved courses in a Master’s Degree level program. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater union representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as would be required to formulate such a benefit package and to cooperate with the Union to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will Page 43 make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1st, 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her initial or extended probationary period shall be demoted, suspended, or dismissed without just cause. New hire employees in the initial probationary period have no right of appeal of disciplinary action under this Agreement. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time a meeting may lead to disciplinary action. The City, the Union or the employee may use any work history material as evidence to support or oppose a suspension or dismissal. Section 2. An employee may also be issued a non-disciplinary “Employee Notice” by his/her Division Head. Prior to an Employee Notice being placed in an employee's file, the employee will have the right to confer with the Division Head regarding the proposed Employee Notice. The Employee Notice will be retained in the employee’s Department file. At the end of two (2) years, if there is no reoccurrence, the Employee Notice will not be used for any future disciplinary action. The Employee Notice will be maintained and/or removed in accordance with the State of Florida public records laws. Section 3. Performance, behavior management, and disciplinary procedures shall be outlined in the Police Department SOP’s and General Orders. The City and Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness and may be modified from time to time to better meet the needs of the City and its employees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Union’s refusal to participate in meetings or to provide input does not alter the City’s right to change the process. The Police Department and the Union will continue the practice of Labor/Management meetings to resolve these types of issues. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. Page 44 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Police Captains and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Section 3. City’s Drug and Alcohol Program Policy A. The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and “safety-sensitive” employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 4. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1. The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood samples shall be drawn or collected at a city-designated facility. 3. All testing shall be done by a laboratory certified by NIDA. Page 45 4. The standards listed in the City’s Anti-Drug and Alcohol policies shall be used to determine what levels of detected substances shall be considered as positive. B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C. In the event that a Vice & Intelligence officer is required as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement” the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees shall not accrue seniority while in their initial probationary period. After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit seniority. It is understood by the parties that for employees hired as Police Recruits prior to October 1, 2003, time spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful completion of the Police Service Technician's initial probationary period, seniority will revert to date of employment on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to determine vacation, designated Holiday, and floating holiday selection and as a factor should layoffs be required. Notwithstanding the above, the Department shall have the right to temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection Page 46 where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the layoff. Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Department reserves the right to designate no more than four teams as field training (“FTO”) teams which shall be distributed evenly between the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Section 4. An employee shall lose his/her status as an employee and his/her seniority if he/she: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; (e) has been on layoff for a period of two (2) years; (f) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 5. If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit. Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within seven (7) days of Page 47 the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to work. Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. When offered recall, an employee who is temporarily unable to accept due to personal or medical reasons, after notifying the Department of his/her intention of returning, may in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to employment. The employee must request such leave of absence and provide the specific reasons therefore. Section 7. Employees who decline recall, or who in the absence of extenuating circumstances acceptable to the City fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list. Section 8. Employees who are recalled may be required to pass the City's standard physical examination for their particular job classification before returning to work. If unable to pass said examination, the employee shall not be permitted to return to work. Such employee shall be returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above. Section 9. Employees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs must present evidence of such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return to work. Page 48 ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2018, and shall continue in full force and effect until the thirtieth day of September, 2021. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2019. ATTEST: CITY OF CLEARWATER, FLORIDA By Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: Pamela K. Akin, City Attorney George N. Cretekos, Mayor FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT By _________________________________ Officer Steven Squillante, President Clearwater Officers Bargaining Unit _________________________________ Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police Inc. WITNESSES: __________________________________ __________________________________ APPENDIX A i POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step Council Ratification Biweekly October, 2019 Biweekly October, 2020 Biweekly 1 $1,397.957035 $1,439.895746 $1,483.092619 2 $1,467.854978 $1,511.890627 $1,557.247346 3 $1,541.247834 $1,587.485269 $1,635.109827 4 $1,618.310126 $1,666.859430 $1,716.865213 5 $1,699.225608 $1,750.202376 $1,802.708448 6 $1,784.186930 $1,837.712537 $1,892.843914 7 $1,828.791533 $1,883.655279 $1,940.164937 8 $1,874.511420 $1,930.746763 $1,988.669165 9 $1,921.374195 $1,979.015421 $2,038.385884 10 $1,969.408534 $2,028.490790 $2,089.345513 11 $2,018.643770 $2,079.203083 $2,141.579175 12 $2069.109814 $2,131.183109 $2,195.118602 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step Council Ratification Biweekly October, 2019 Biweekly October, 2020 Biweekly 1 $1,602.916158 $1,651.003643 $1,700.533752 2 $1,683.062024 $1,733.553885 $1,785.560501 3 $1,767.215166 $1,820.231621 $1,874.838570 4 $1,855.575735 $1,911.243.007 $1,968.580297 5 $1,948.354674 $2,006.805315 $2,067.009474 6 $2,045.772404 $2,107.145576 $2,170.359943 7 $2,096.916683 $2,159.824184 $2,224.618909 8 $2,149.339646 $2,213.819835 $2,280.234430 9 $2,203.073098 $2,269.165291 $2,337.240249 10 $2,258.149999 $2,325.894499 $2,395.671334 11 $2,314.603722 $2,384.041834 $2,455.563089 12 $2,372.468710 $2,443.642772 $2,516.952055 ii Step Council Ratification Biweekly October, 2019 Biweekly October, 2020 Biweekly 1 $2,031.259786 $2,092.197580 $2,154.963507 2 $2,132.822813 $2,196.807497 $2,262.711722 3 $2,239.463904 $2,306.647821 $2,375.847256 4 $2,351.437099 $2,421.980212 $2,494.639619 5 $2,469.009045 $2,543.079316 $2,619.371696 6 $2,594.002511 $2,671.822587 $2,751.977264 7 $2,658.852630 $2,738.618208 $2,820.776755 8 $2,725.323886 $2,807.083602 $2,891.296110 9 $2,793.456902 $2,877.260609 $2,963.578428 10 $2,863.293374 $2,949.192176 $3,037.667941 11 $2,934.875738 $3,022.922010 $3,113.609670 12 $3,008.247664 $3,098.495094 $3,191.449947 POLICE OFFICER PAY RANGE P-56 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5859 Agenda Date: 3/21/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police (FOP), Clearwater Supervisors Bargaining Unit for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. SUMMARY: The current collective bargaining agreement between the City of Clearwater and FOP Supervisors bargaining unit expired on September 30, 2018. The parties reached a tentative agreement for a new contract which was ratified by the membership. The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for all classifications in the first year effective the first pay period after ratification by the Council. It also provides a step pay increase of 4% and provides for all pay ranges to be adjusted by 3% in the first year. In the second and third year of the agreement, it provides for a 3% general wage increase plus a step pay increase of 4% and a 3% pay range adjustment for all classifications. It also provides for 5% job assignment pay for Sergeants assigned to Canine Unit in lieu of the $40 per payroll period. It also removes the 5% assignment pay for Lt’s and instead has been added into the base salary - this is cost neutral to the City. APPROPRIATION CODE AND AMOUNT: A cumulative value of this agreement over the three-year term is $612,736. The cost associated with the implementation of this agreement by fiscal year is anticipated to be approximately as follows: FY 2018/19 $226,390 FY 2019/20 $203,114 (cumulative total of $429,504 for FY2019/20) FY 2020/21 $183,232 (cumulative total of $612,736 for FY2020/21) Future budgets will include the contract costs in the proposed budget. USE OF RESERVE FUNDS: Funding for the first year of this agreement will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $226,390. Inclusive of this item if approved, a net total of $1,146,850 of General Fund reserves has been appropriated by Council to fund expenditures in the 2018/19 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $8.5 million, or 5.7% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 3/20/2019 File Number: ID#19-5859 Page 2 City of Clearwater Printed on 3/20/2019 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE SUPERVISORS BARGAINING UNIT 2018-2019 2019-2020 2020-2021 TABLE OF CONTENTS Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 5 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 8 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 11 Article 7 Personnel Practices ...................................................................... 12 Police Sergeant and Lieutenant Duties ..................................................... 12 Special Duty Call Out .................................................................................. 12 Probation ...................................................................................................... 12 Promotional Procedures ............................................................................. 13 Certification and Appointment .................................................................. 13 Removal of Names from Eligibility List ................................................... 13 Productivity .................................................................................................. 14 Training ......................................................................................................... 14 Light Duty Assignment ............................................................................... 14 Personnel Records ....................................................................................... 15 Residency Requirements ............................................................................. 15 Tobacco Product Usage .............................................................................. 15 Seat Belts and Safety Gear .......................................................................... 15 Physical Examinations, Inoculations, and Fitness .................................. 16 Outside Employment .................................................................................. 16 Funeral Detail ............................................................................................... 17 Take-Home Vehicles ................................................................................... 17 Legal Protection ........................................................................................... 17 Copies of Municipal Code .......................................................................... 17 Paycheck Issuance ....................................................................................... 18 Subcontracting ............................................................................................. 18 Article 8 Leaves of Absence ........................................................................ 18 Designated Holidays .................................................................................... 18 Floating Holidays ......................................................................................... 19 Vacation ........................................................................................................ 19 Sick Leave ..................................................................................................... 21 Bonus Leave Days ....................................................................................... 22 Leave Pool .................................................................................................... 23 Funeral Leave ............................................................................................... 24 Military Leave ............................................................................................... 25 Time Off ....................................................................................................... 27 Leave Without Pay ...................................................................................... 28 Article 9 Wages & Compensation ............................................................... 29 Wages ............................................................................................................ 29 Work Week and Overtime ......................................................................... 30 Compensatory Time .................................................................................... 31 Shift Differential .......................................................................................... 31 Standby .......................................................................................................... 32 Recall ............................................................................................................. 32 Acting Pay ..................................................................................................... 33 Job Assignment Pay .................................................................................... 33 Canine Assignment ...................................................................................... 34 Court Attendance and Standby Time ....................................................... 34 Line-of-Duty Injury ..................................................................................... 35 Uniform Allowance ..................................................................................... 36 Tuition Refund ............................................................................................. 37 Article 10 Insurance ...................................................................................... 37 Article 11 Performance & Discipline ............................................................ 38 Article 12 Drug & Alcohol Policy ................................................................. 39 Article 13 Retirement .................................................................................... 40 Article 14 Seniority, Layoff, and Recall ........................................................ 40 Article 15 Duration, Modification, & Termination ...................................... 42 Appendix A Pay Schedules ..................................................................................i Page 1 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Supervisors bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police Lieutenants. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time upon the mutual agreement of both parties. This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereof. Page 2 Section 3. Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or the non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such rights or the right to exercise them in the future. Section 4. Existing Rules Any Police Department rule, regulation, policy or procedure in existence at the time of adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with Department regulations governing their employment as set forth in any Departmental procedures and such special and general orders and written communications now existing or which may hereafter be established which are not in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended and posted rule or regulation until at least forty-eight (48) hours after initial posting. The President of the Clearwater Supervisors Bargaining Unit shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct or performance for members of the bargaining unit. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of the Agreement and each replacement therefore during the term of the Agreement. Authorized representatives shall be defined as the elected Officers of the Union including those appointed as stewards in accordance with this Agreement, provided that notification has been provided in writing to the Office of the Police Chief and to the City Manager or his/her designee at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize an individual as an authorized representative of the Union. Page 3 Section 2. The Union agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees covered hereunder shall seek to involve the Mayor-Commissioner or Commissioners in the administration of the Agreement, or otherwise in the operation of the City's Police Department, provided that nothing contained herein shall restrict an employee's right to present non-employment related matters to such elected officials. All matters relating to grievances shall be processed only through the grievance procedure chain of command. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2. Police Officers' Bill of Rights It is understood and agreed that all unit members shall enjoy those protections afforded under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes, commonly known as the Law Enforcement Officer's Bill of Rights. Section 3. The City agrees to continue its policy of not discriminating against any employee for any reason prohibited by applicable state or federal law. Any claim of discrimination by any employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of the Grievance Article of this Agreement, but shall be subject to the matter of review prescribed by law or by rules and regulations of appropriate state or federal agencies having the force and effect of law. Section 4. The Union and its representatives agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Section 5. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and the Union and the City shall not discriminate against any such employee because of membership or non-membership in any employee organization. The Union acknowledges that it is the sole representative of bargaining unit employees. However, the Union has no obligation to prosecute grievances under this Agreement for non-members. Page 4 Section 6. City’s Management Rights A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The sole and exclusive rights of management include, but are not limited to, the following: (a) to manage the City generally and to determine the issues of policy; (b) to determine the existence or nonexistence of facts which are the basis of management decisions; (c) to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; (d) to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e) to determine methods of financing and budgeting; (f) to determine the types of equipment and technology to be used; (g) to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; (h) to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; (i) to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; (j) to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; (k) to establish and modify productivity and performance programs and standards; (l) to discharge, suspend, demote, or otherwise discipline employees for just cause; (m) to determine job classifications and to create, modify or discontinue jobs; (n) to hire, transfer, promote, and demote employees; (o) to determine policies, procedures, and standards for selection, training and promotion of employees; (p) to establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; Page 5 (q) to maintain order and efficiency in its facilities and operations; (r) to establish and promulgate and/or modify rules and regulations and standard operating procedures including, but not limited to, Civil Service rules; (s) to take any and all necessary action to carry out the mission of the City and the Police Department in emergencies. B. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement, and except as provided below, the City agrees to deduct the basic and uniform membership dues owed by the employee to the Union on a biweekly basis, provided that prior to any such deduction the Union has provided the City with a signed statement from each said employee for whom dues are to be made that such deduction is authorized, and provided further that such authorization is in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City and the Union and shall be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. The City will not deduct any Union fines, penalties or special assessments from the pay of any employee. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance, or other standard or legally required deductions, are not sufficient to cover the basic and uniform membership dues, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Agreement. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. C. Stewards -- The stewards of the Union shall consist of the elected officers of the Union, subject to a limit of four persons and four alternates. If the Union has more than four officers, it shall designate the four who will serve as stewards. The Union will submit a list of the four elected officers who will serve as stewards and the four alternates to the Police Chief and to the City Manager or his/her designee. Page 6 Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union president who shall designate a representative to serve the member. A steward shall not investigate or otherwise handle grievances during working hours without the specific, expressed consent of the Division Commander. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. D. Union Time -- The Union shall be allowed up to 300 hours of time off without loss of pay per year for the purpose of attending official F.O.P. or bargaining unit functions, meetings or conferences. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this Union time shall be made in advance in writing by an elected officer of the Clearwater Supervisors Bargaining Unit or Union Steward as described above to the immediate supervisor of the bargaining unit member who will be utilizing the requested union time. The Police Chief or his/her designee will grant such time off without loss of pay provided that, in his/her sole and unlimited discretion, the efficiency of operation of the Department will not be interfered with or impaired. Any portion of the Union time not used in an annual period, which shall be defined as a contract year beginning with ratification, shall be forfeited and shall not be carried forward into the next annual period. Bargaining unit members utilizing Union time under the provisions of this Section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for Union business shall not be approved when such requires a Union member to be off duty for periods in excess of two (2) consecutive work shifts. Extension of any consecutive time off for Union members over and above two (2) consecutive shifts may be granted solely at the discretion of the Police Chief. Joint related business between the City and the Union shall not be subject to deduction from Union time under this Section when an employee is directed by the City to attend. However, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. E. Union Notification Media -- The City agrees to provide space (not less than 24 inches by 24 inches) on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings and other official Union information. The Police Chief or his/her designee shall first review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political candidates or political office. F. Rules and Regulations and Memorandums -- The designated representative of the Union shall have a copy distributed to his/her mail box of any written departmental memorandum, rule, regulation, order or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. Page 7 The designated representative of the Union shall be forwarded a copy of the agenda from the City Clerk's office of any regular City Commission meeting in the same manner that the Chief of Police is forwarded a copy. G. Copying of Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement. Every bargaining unit member will be provided a copy of the Agreement. The Union shall be responsible for providing copies to its members. The Union may request that such provision of copies be accomplished by the City during new employee orientation classes. H. Use of Copying Equipment -- The City agrees to allow the Union's officers to use the departmental copying equipment while off duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b) The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c) Department business will of course take priority and the Union will only be allowed to make copies when the Department is not otherwise using the copier. I. The Union shall designate a Civil Service Liaison Officer who may, on request, be relieved from duty with no loss of pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operation of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. In addition, two Union officers may, on request and at the discretion of the Chief or his/her designee, be relieved from duty with no loss of pay for the purpose of attending official Union meetings, unless the efficiency of operation of the Department will be interfered with or impaired. J. The President of the Clearwater Supervisors Bargaining Unit or his/her designee shall be forwarded a copy of the agenda in advance of every regular City Commission meeting. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agencies or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Page 8 Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, the employee shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperation shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as a timely complaint by an employee within the bargaining unit regarding the interpretation or application of specific provisions of this Agreement. The grieving individual must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance. Any grievance relating to disciplinary action shall be signed by the employee initiating the grievance. A grievance relating to an alleged contract violation other than disciplinary action may be filed by, and signed by, the Union on behalf of an employee(s) but must specify the affected employee(s) by name. All information must be furnished. No grievance may be amended from the original written grievance filed at the initial step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and of each successive written step of processing for the grievance to the City Manager or his/her designee within forty-eight (48) hours of its submission to the appropriate official within the Police Department. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement. Where the term "working days" is used in this Article, it shall refer to Monday through Friday. Saturdays, Sundays, and days designated as holidays for managerial employees of the Police Department or the City Manager's office are excluded from the term "working days." The time limits for filing the grievances and processing subsequent steps in the grievance process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth hereunder shall automatically move the grievance to the next level in the grievance process. Page 9 Probationary employees shall not have access to the grievance procedure for failure to satisfactorily complete the probationary period, but will be allowed to grieve other forms of discipline for which they are charged for specific infractions or violations of City or departmental rules, regulations, orders or other documents regulating conduct. The right of management to demote a probationary employee for failing to meet standards is absolute and no specific reason shall be given. Section 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter that is defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Section 4. Formal Processing of Grievances Initiated By Employee The aggrieved employee may request that a Union representative be present at any time during the grievance procedure. STEP 1 An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his/her grievance in writing to the Police Major in his/her respective Division, or to the Deputy Police Chief if the employee is not assigned to a specific Division, within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the following information: 1. A statement of the grievance including date of occurrence, details, and the facts upon which the grievance is based. 2. The Article and Section of the Labor Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and Union representative. 5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only). 6. Date submitted. Grievances submitted at this step shall be reviewed and returned to the grievant if the form does not contain the above information. The grievant shall be notified of the insufficiency and afforded an opportunity to correct and resubmit the grievance within two (2) working days of its being returned to him/her. As used in this Article, the term "employee" shall also mean a group of employees having the same grievance. In such event, one aggrieved employee shall be designated by the group of employees to be responsible for processing the grievance. The Police Major or Deputy Police Chief receiving the initial grievance shall review the grievance and meet with the employee and a Union representative if one is requested and shall submit a response in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. The written response at this step and all steps thereafter shall contain the following information: Page 10 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Where the Police Major or Deputy Police Chief determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the Police Chief within ten (10) working days from receipt of the response in Step 1. Such submission of the grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) working days following receipt of the grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been requested. The Police Chief or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than seven (7) working days following the meeting day with the employee. STEP 3 If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was provided in Step 2. At the request of the employee, the City Manager or his/her designee shall meet with the employee and a Union representative if one has been requested. The City shall determine who shall meet with the employee. Within ten (10) working days of the meeting with the employee, the City Manager or his/her designee will notify the aggrieved employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 or to have been dropped by the grievant. Section 5. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the authorized representative of the Union. Such notice shall indicate the provision of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of this Article. Page 11 Section 6. Grievance Arbitration In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, the matter may be submitted to final and binding arbitration as provided in this Section. A. Within ten (10) working days of the decision of the City Manager or his/her designee, the aggrieved party shall notify the City Manager or his/her designee of intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, then the other party shall strike a name. The process shall be repeated and the remaining name shall be the arbitrator selected. The arbitrator shall be notified of his/her selection. As promptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator using the same process as previously referenced. B. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the parties. C. The decision of the arbitrator shall be final and binding upon both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to, or subtract from the terms of this Agreement in rendering his/her decision and such decision shall be limited to determination and interpretation of the explicit terms of this Agreement. If the City has denied the grievance on the basis that it was not timely filed and processed as required by this Article and if the arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power to grant relief. No decision of the arbitrator shall create a basis for retroactive adjustment in any other case. D. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) calendar days from the date of the hearing. E. The arbitrator shall arbitrate solely the issue presented. F. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based solely on the originally written grievance submitted in the grievance process. Section 7. Grievances arising out of the discharge, demotion, or suspension of a bargaining unit employee shall be initiated at Step 3 of the grievance procedure. Page 12 ARTICLE 7 PERSONNEL PRACTICES Section 1. Duties of Police Sergeants and Police Lieutenants A. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve both the performance of general police duties and the supervision of designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change automobile tires except in emergencies; nor shall they be required to manually push disabled motor vehicles. However, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A. All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than five (5) working days prior to that event. B. This Section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Employees assigned to the criminal investigation division, patrol special operations section, traffic section, canine team, or community problem response, and Liaison teams are subject to adjustments of their hours and /or days to meet the circumstances at hand. As much notice as possible will be given when adjustments are necessary, but it is understood that hours must be flexible. Section 3. Probation An employee initially appointed or promoted to a class within the bargaining unit (Police Sergeant or Police Lieutenant) shall serve a probationary period of six (6) months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Police Chief his/her suitability for the job. In the event the employee is for any reason absent from duty for an accumulated period of eighty scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. The employee shall attain regular status in the class at the completion of the six-month period, unless the Department has notified Human Resources with just cause for withholding such status. An employee, who during the probationary period does not demonstrate suitability for the class as determined by the Police Chief, shall be notified in writing and shall be demoted to his/her former classification. An employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and/or return to his/her former position. Page 13 Section 4. Promotional Procedures A. Eligibility -- All Police Sergeants who have completed the promotional probationary period successfully and who have served one year as a Sergeant following successful completion of the probationary period shall be eligible to compete in the promotional process held by the City for the classification of Police Lieutenant provided they have met the minimum qualification requirements established by the City. B. Evaluation Process -- The promotional process shall be competitive. It shall be based upon an evaluation of the education and training of the candidates and their experience in the Clearwater Police Department. C. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this Agreement. Section 5. Certification and Appointment The Human Resources Department shall provide in alphabetical order a certified promotional list for the filling of a vacancy in a permanent position. The Police Chief shall provide each certified eligible with the opportunity to be interviewed for the designated vacancy, provided however that if a candidate has been interviewed within the past one hundred and twenty (120) days for the position of Police Lieutenant, such candidate shall not have to be interviewed. (All such candidates shall be treated uniformly as to being re-interviewed or not being re-interviewed.) Selection from the Eligible List shall be at the sole discretion of the Police Chief and shall not be grievable. Section 6. Removal of Names from Eligible List Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation of any one of the following: (a) Appointment through certification and selection from such list to fill a permanent position of Police Lieutenant. (b) Declination of appointment when appointment is offered by the Police Chief. (c) Separation from the City service of the eligible. (d) Removal from the employment area designated by the City when such residence was required as a condition of employment or previous promotion. Page 14 (e) Determination by the City that the eligible willfully or knowingly gave false or wrong information, withheld information, or was evasive in responses relating to his/her employment background, training, education or character. Section 7. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and cost effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of police and related public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 8. Training In addition to the training required by the State for certification or recertification, schools, training and career development courses as determined by the Department will be made available to all bargaining unit members. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless all four of the following are met: (1) attendance at the training is voluntary and (2) the training occurs outside the employee’s regular work hours and (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Federal Fair Labor Standards Act. The Department will select officers for attendance based on the needs of the Department. Section 9. Light Duty Assignment A. In the event an employee in the bargaining unit is unable to work at full-time duty but is certified by a licensed physician to work light or limited duty, subject to the availability of light or limited duty the City may assign such employee to an appropriate work assignment within the City of Clearwater work force. However, assignments in any Department other than the Police Department shall occur only in the event there are no available positions within the Police Department which the officer would be capable of performing. Assignments outside the Police Department shall be limited to only those positions which the officer is capable of performing, or would be capable of performing with a reasonable amount of on-the-job training and effort, based on the officer's physical ability, suitability to the work to be performed, and skills required to perform the work. B. The City shall have the right to direct an employee to a licensed physician of its choice to determine if the employee is fit to work light or limited duty. Page 15 C. Failure of the employee to work light or limited duty when assigned may be grounds for disciplinary action. Section 10. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to any citizen pursuant to a request therefor, the City agrees to abide by current federal and state law and will not release any portion of the employee's file which is not required to be released by law. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 11. Residency Requirement Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County, and Hillsborough County from the western boundary eastward to Interstate 75 only. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified areas. Violation of this provision may be grounds for discipline. Section 12. Tobacco Product Usage Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Section 13. Seat Belt and Safety Equipment Use All employees are required to wear seat belts when driving or riding as a passenger in any City vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety gear, he / she shall wear it whenever he / she is required to wear safety gear on duty. All Police Supervisors will be issued body armor (bullet resistant vest). All Police Supervisors shall wear the body armor at all times while in any police uniform with the exception of the Honor Guard uniform and those engaging in training where body armor is not a requirement of the training. All other Police Supervisors will have the body armor readily available while on duty. No employee will be placed on patrol duties or hazardous assignments (e.g. search warrants, SWAT operations, ERT operations, etc.) until body armor has been issued. Page 16 Section 14. Physical Examinations, Inoculations, and Fitness The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. The City will provide free and mandatory annual physical examinations. The physical examination will be performed by Life Scan Wellness Center for each employee (to include an optional mammogram for females). The cost of the Life Scan Wellness examination will be paid by the City. The employee may submit proof of satisfactory completion from the Life Scan Wellness examination. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be counseled by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. A. In the event that the Department determines that an officer requires an inoculation or immunization, then the same immunization or inoculation will be made available to the members of the employee’s household. B. Physicals will be administered no less than ten (10) months and no more than eighteen (18) months apart. C. The Department will attempt to schedule physicals while the employee is on duty. Any annual physical fitness exam will also be administered during the employee’s on-duty time. Work schedules of affected employees may be subject to change in order to accomplish this objective but only if the examinations cannot be scheduled during normal work hours. Employees may also be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. It is the employee’s responsibility to ensure that they physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift or other work hours that the employee has been permitted to flex. The maximum amount of flex time permitted for employee physicals shall be five hours. The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. D. The City and the Union may mutually agree to reopen negotiations to discuss monetary incentives for physical fitness. Section 15. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service or the Departmental Rules & Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will Page 17 be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon mutual agreement of the parties. Section 16. Funeral Detail A. The Department shall permit one employee of this bargaining unit to be part of a funeral detail and permit this detail to attend the funerals of any law enforcement officer within the State of Florida who loses his/her life in the line of duty. B. The City will supply the funeral detail with a marked cruiser for the purpose of attending funerals as provided in (A) above. C. The City shall not be responsible for the payment of expenses of this detail such as gas, oil, lodging, and meals. D. In the event the bargaining unit member who serves as the F.O.P. funeral detail is on-duty at the time of the funeral, he/she shall be released without loss of pay, provided however, that such member shall not be eligible during such time off for workers’ compensation benefits in case of injury. E. This provision shall not be subject to any grievance procedure. Section 17. Take-Home Cars The City reserves the exclusive right to determine if and when bargaining unit members shall be allowed to take city vehicles home and further retains the right to discontinue any current usage at any time. Section 18. Legal Protection The City agrees to defend any member of this bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111.065, 111.07, 768.28(9), and 768.28(19) FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to employees upon request. Page 18 Section 20. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Effective 60 days following the date of approval of this Agreement by the City Council, employees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided 14 days written notice is given to the City’s payroll division. Section 21. Subcontracting The City agrees that for the period from October 1, 2018 through September 30, 2021, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Supervisor' s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be nine (9) paid holidays. They shall be: New Year's Day January 1st Martin Luther King Day Federal Holiday Presidents Day Federal Holiday Memorial Day Federal Holiday Independence Day July 4th Labor Day Federal Holiday Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25th The City shall permit the use of bargaining unit seniority with existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. B. In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged vacation leave for the holiday and/or the employee's vacation shall be extended one day. C. In the event that one of the above named holidays occurs while an employee is on paid sick/injury leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged Page 19 sick/injury leave pay for that day. In the event the employee is on sick/injury leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D. Employees who work on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E. An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an employee's regular day off, 8-hour, 10- hour, and 12-hour employees are paid eight (8) hour's holiday pay. (Both types of employees have worked 40 hours and are paid 48 hours -- a full week plus one (1) holiday.) F. An employee who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. G. Floating Holidays - In addition to the holidays named above, employees shall be entitled to four (4) floating holidays. These days may be days off with pay and taken at the employee's request provided that operations will not be interfered with and provided further that such days shall be taken in full-day increments. Floating holidays shall be awarded at the end of the first payroll period of the payroll calendar year and must be taken by the end of the last payroll period of the same payroll calendar year. An employee may elect to take up to four floating holidays as a cash stipend. In such case, the employee will be paid at the rate of eight (8) hours for each floating holiday for which the employee makes this election. Section 2. Vacations A. Accrual of Vacation Leave Vacation leave shall accrue on a bi-weekly basis based on hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 – 2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 – 10 4.923 128 11 5.231 136 12 5.538 144 13 – 14 5.846 152 15 – 19 6.154 160 20 & Over 6.462 168 Page 20 B. Use of Vacation Leave 1. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. Accrued vacation shall be authorized in any amount provided it does not adversely affect department operations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation leave in increments of tenths of an hour. 3. The borrowing of vacation time prior to its accrual is prohibited. 4. There is no advancing of vacation pay. 5. Employees may take compensatory time off in conjunction with a regular vacation if authorized. C. Maximum Accrual of Vacation Leave The maximum amount of vacation leave that may be accumulated is 320 hours. D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill for more than three (3) consecutive days while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave, provided the request is consistent with Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave 1. Payment of unused vacation leave will be paid upon retirement or voluntary separation of the employee up to a maximum of 320 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Page 21 Section 3. Sick/Injury Leave A. Sick Leave Accrual Employees shall accrue Sick Leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biweekly payroll basis -- (i.e., an employee on a 40-hour work week earns twelve (12) days per payroll calendar year). B. Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another department or classification. 3. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave Sick leave may be authorized for increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse or other family member living in the “immediate household.” F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time the specific reason and where (phone number and address) the employee will be while on sick leave. This Page 22 address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2. Failure to do so may be the cause for denial of sick leave and other disciplinary action. G. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. Payment shall be made provided: 1. The employee has had at least twenty (20) years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employee is receiving Workers Compensation shall not be deducted from continuous service; or 2. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs; or 3. The employee’s estate shall receive payment if an employee dies. 4. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment other than City employment, may be suspended or terminated. I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used in full-day increments. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the Page 23 employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight, Ten, or Twelve-Hour Shifts Zero Time 2 Eight, Ten, or Twelve- Hour Shifts More than zero time but less than 2 days 1 Combination of Eight, Ten, and Twelve-Hour Shifts More than zero time but less than 2 days combined as:  2 Eight-hour days  2 Ten-hour days  2 Twelve-hour days  1 Ten-hour day and  1 Eight-hour day 1 1. A payroll calendar year begins with the first day of the first payroll period for the first pay check date in the calendar year and ends with the last day of the last payroll period for the last pay check in the calendar year. 2. Bonus Leave Days are not included in overtime calculations. 3. Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4. Leave Pool A joint leave pool will be established by the members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. B. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purposes and limitations. 1. The committee shall consist of two (2) members designated by each bargaining unit, and one employee designated by the other four members. Page 24 2. The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this Section. 3. The committee’s decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. 4. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year unless the number of days in the leave pool becomes less than fifty days, whereby the committee may open up the opportunity for additional donations to be made during the calendar year. (a) No employee shall be permitted to donate more than four (4) days of leave per year to the pool unless modified with the prior approval of the City Manager. (b) All donations of pool leave time must be in full-day increments based on the employee’s full-time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). (c) Donations of pool leave time are irrevocable. (d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 5. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool with the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. 6. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of whether the employee works an eight-hour or ten-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. 7. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 5. Funeral Leave A. Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick /injury leave in the event of a death in the “immediate family." Death Page 25 in the "immediate” family shall be defined as a death of a spouse or domestic partner of record, as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster- child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild, domestic . This is not chargeable to sick leave. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). B. Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. C. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the " extended family" chargeable to sick /injury leave. " Extended family" shall be defined as the following family members: stepbrothers, stepsisters; brother's wife; sister's husband or other family member living in the employee' s immediate household. Additional time, chargeable to sick /injury leave, may be granted with the approval of the Police Chief. D. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her and on completion thereof, be reinstated in the City service in accordance with the following regulations: A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by federal law: 1. For inductees, the minimum period of time required to be served; 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served; 3. For reservists, the minimum period of time required to be served. 4. For pre-induction physical examination when so ordered by a Selective Service Board,. time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two (2) regularly scheduled work days; 5. For required active or inactive training duty as a member of the Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per year without loss of seniority rights or efficiency rating. Absence from duty for required military reserve training in excess of 240 hours per year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately Page 26 upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. B. For the purpose of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C. Application for reinstatement must be made within ninety (90) calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to such position or to a position of like seniority, status and pay; 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event there exists no vacancy in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off or returned to a former position in which the employee had acquired permanent status and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off or returned to a former position in which he/she had acquired permanent status and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examinations after return that he/she would have been eligible to take had he/she not been on military leave and to complete any uncompleted period of probation. No grievance shall be filed by any other employee in connection with this paragraph. Page 27 6. The employee shall submit to such medical and/or physical examinations as the appointing authority shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the appointing authority shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. 8. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons when such time off does not in the judgment of the Police Chief interfere with the operations of the Department: 1. For participation in promotional examinations held by the City. 2. For serving on a jury. The employee shall be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, safety meetings or other meetings, including in-service training or in-service meeting. Employees who wish to attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be in accordance with Article 7, Section 8 of this Agreement. B. An employee may be granted time off without pay for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the Department in the sole and unlimited discretion of the Police Chief. C. With the prior approval of the City Manager and Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, or employees or their spouses, or for military or fraternal Page 28 funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to a total of two designated Honor Guard members from the Department, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Time off with compensation under any of the provisions of this Agreement (including vacation and sick/injury leave) shall not be required to be made up. Section 8. Leave Without Pay A. A regular employee may, on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1. The physical or mental disability of the employee; 2. The employee has announced his/her candidacy for public office; 3. The employee is entering upon a course of training and/or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service; 4. Extraordinary reasons, sufficient in the opinion of the City Manager, to warrant such leave of absence. 5. Maternity/child care leave in accordance with the City’s Family and Medical Leave Act Policy to enable a parent to care for a newborn, newly adopted, or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for more than six (6) months, but may under the provisions of the paragraphs above be renewed upon written application therefore by the employee and approval of the City Manager. 2. An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3. In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the reemployment list for the class or positions nearest approximating that in which he/she was employed immediately prior to such leave, provided the employee is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same reemployment list, the names shall be arranged in order of seniority. Page 29 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. B. Rules for Administering the Pay Schedule Employees in the bargaining unit shall be eligible for performance review on their promotional anniversary date on an annual basis and considered for subsequent merit step advancement based on satisfactory evaluations, except as provided elsewhere in the provisions of this Section. Employees in the top step in their respective range shall not be eligible for merit increases; however, an annual performance evaluation shall be conducted on the employee's promotional anniversary date. Eligibility for review for within pay schedule increases shall be as follows: Police Sergeants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Police Lieutenants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. C. Responsibility for Performance Evaluations Performance evaluations shall be based on a review of the employee's job performance and adherence to departmental rules, regulations and procedures. Performance evaluations will be by the employee's immediate supervisor and reviewed by Police Department senior management personnel and the office of the Police Chief. Page 30 D. Denial of Merit Step Advancement and Effect Upon Advancement Employees who receive an evaluation on their promotional anniversary date of less than Satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement on that date. The effective date of this increase shall be utilized for the purpose of determining subsequent annual merit review dates. If the three-month follow- up rating is still less than satisfactory, the employee shall be reevaluated in another three months. If then rated satisfactory, the employee shall be provided a merit step advancement as of the second three-month follow-up review. The effective date of this increase shall be utilized in the future as their promotional anniversary date for the purpose of determining subsequent annual merit review dates. If still rated less than satisfactory, no merit step advancement shall be made and the employee will be evaluated on his/her regular promotional anniversary date. E. Effective for the first full payroll period after the City of Clearwater Council ratifies F.O.P. #10 Union Collective Bargaining Agreement, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2018 through September 30, 2019, employees shall advance in Step as provided for in Section 1B of this Article. Effective for the beginning of the payroll period that includes October 1, 2019, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2019 through September 30, 2020, employees shall advance in Step as provided for in Section 1B of this Article. Effective for the beginning of the payroll period that includes October 1, 2020, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2020 through September 30, 2021, employees shall advance in Step as provided for in Section 1B of this Article. Any further step advancements after September 30, 2021 will be dependent upon and subject to negotiations in any successor Agreement. Section 2. Work Week and Overtime A. Normal Work Week: The normal work week for employees in the bargaining unit shall consist of forty (40) hours of working time. An FLSA authorized exception is an 84 hour 14 day work period when working 12-hour shifts. Generally, the employee will work five (5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10) hours per day or 12-hour shifts; however, the City and Department may otherwise establish and flex an employee's schedule as necessary in their judgment to best provide police services in an effective and efficient manner. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. Overtime: Employees shall be required to work overtime when scheduled or ordered by competent authority. Employees shall be paid time and one-half their regular rate for all hours worked after the employee has actually worked forty (40) hours in that work week. An Page 31 authorized FLSA exception are 12-hour shifts. FLSA provides for an 84-hour, 14 day work period. Overtime accrues for hours worked in excess of 84. Overtime: Overtime will be paid for time worked in excess of 84 hours during the 14-day work period. Sick or Vacation time utilized during the same 14-day period will cause time worked in excess of 84 hours to revert to straight time as is the current practice for the 40-hour work week. (Overtime accrual in excess of 84 hours exceeds the FLSA requirement). In the event 12-hour shift were to be implemented anywhere other than District I, the Pitman schedule would be utilized as has been the practice in District I. Only hours actually worked will count as hours worked for the purpose of computing overtime pay, unless otherwise specifically provided in this Agreement. Section 3. Compensatory Time Allowance Employees will be permitted to request to be granted compensatory time in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Major or other employee's immediate supervisor. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time upon separation from City service. Section 4. Shift Differential Employees shall be entitled to shift differential pay as follows: A. For purposes of computing shift differential pay, the following shift series and payments are established: Shift Series No. Hours Payment Per 14 Day Period 100 2400-0700 10% 200 0700-1600 0% 300 1600-2400 5% The shift differential payments shall be computed as a percentage of the employee's base pay. B. An employee's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the employee's shift. Any employee working 12-hour shifts would receive the 10% differential if assigned to a team designated as night shift. Temporary shift or duty assignments of less than fourteen (14) calendar days shall not entitle an employee to shift Page 32 differential pay. Employees shall maintain shift differential pay during temporary Series 200 shift or duty assignments of less than fourteen (14) calendar days. C. Shift differential pay shall be paid to any Sergeant regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. 1. Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignments and specialty assignments. 2. No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at any given time. Bargaining unit members who are selected for FTO supervisor assignments shall be permitted to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants who are in special duty assignments such as Community Policing, Traffic Section, or the Special Operations Section are not included in the bidding process. An employee who is placed on light or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment until he/she resumes full duty status. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Such reassignment shall be with proper justification. Section 5. Standby Pay A. Standby, other than court standby, for the purpose of this Section shall occur when the Police Chief or his/her designee places an employee on standby status and requires that the employee provides a telephone number at which he/she can be reached for the purposes of a Telephone Alert situation. B. An employee assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday (except Holidays) $30.00 per night for Saturday, Sunday, or any Holiday listed in Article 8, Section 1, Paragraph A of this Collective Bargaining Agreement. C. Only the Police Chief or his/her designee may place an employee on standby. This Section will only apply to Telephone Alert situations. Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, response to a lawful order for which the employee can be disciplined for his/her failure to comply. Recall specifically excludes court appearances. Police officers will be paid only for the actual time worked for any self-initiated police action taken while off duty and all such Page 33 hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked on the recall assignment. Section 7. Acting Pay If an employee is assigned to act in a higher classification for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), the employee shall receive five (5) percent above the employee’s base pay retroactive to the date the employee assumed the Acting status. When a bargaining unit employee is designated to serve in an acting capacity as a Police Major, such employee shall remain eligible to receive shift differential pay, overtime, and assignment pay. Any provisions of this Agreement which restrict the City's ability to schedule hours of work or shifts shall not apply. Section 8. Job Assignment Pay A. Sergeants who are assigned to the Criminal Investigations Division, Office of the Chief, Support Services Division, Traffic Unit, Canine Unit, Special Operations, and the Field Training and Evaluation Program shall be granted job assignment pay at 5% over the employee’s current base rate of pay. The Lieutenant’s assignments are made at the discretion of the Chief of Police. Accordingly, all Lieutenant’s steps will be adjusted to reflect a 5% increase per step in order to incorporate the assignment or shift differential pay into the step plan. The 5% assignment pay or shift differential shall be removed. B. Sergeants who are assigned to Community Policing Squads, Mobile Command Center operator, Patrol Support Supervisor, SWAT Team, or Traffic Homicide Investigator shall be granted job assignment pay of the following amounts in addition to the employee’s current base rate of pay: October 1, 2018 through September 30, 2021 - $40 per payroll period C. An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. The above referenced Sergeant’s assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Should reduction of the number of employees in an assignment be necessary, such reduction shall be based upon the bargaining unit seniority of the employees in the affected assignment. Page 34 Section 9. Canine Assignment A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B. Advance approval shall be required from the appropriate Police Major or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C. No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2018 to September 30, 2021, a monthly allowance of $125.00 shall be provided for each dog kept at the employee’s home for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive a minimum of three (3) hours pay if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time off, the employee will receive a minimum of two (2) hours pay. Page 35 All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required scheduled work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. The three-hour minimum does not apply if prior to the end of the three-hour period: (a) The employee reports for duty. Standby pay stops at the time the employee reports for duty or court. (b) The employee shall be notified via email or telephone as determined by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. (c) If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms, and conditions: (a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Worker's Compensation Law. (c) The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Worker's Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability; provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. In such case, the sick/injury leave taken by the employee will be credited back to the employee's accrued sick/injury leave account. (Changes in workers' compensation law will modify this paragraph accordingly.) Employees shall be required to utilize accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize Page 36 accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. (e) The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line-of-duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on the active status. Any time taken off for follow-up doctor visits or therapy due to a line-of- duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave and shall be considered as time worked. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Worker's Compensation Law shall control. (g) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (h) Failure to report a line-of-duty injury to the employee's immediate supervisor, or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under Article 13 unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. (i) Any provisions of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniforms and Plain-Clothes Allowance A. Uniforms: The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment as it deems appropriate. B. Plain-Clothes Allowance: Employees assigned to positions outside the uniform patrol division and who are not issued uniforms or other clothing by the department shall receive a plain-clothes allowance of $900 each year for Fiscal Years2018/2019, 2019/2020, and 2020/2021. Plain-clothes allowance shall not be paid to employees on temporary or rotational assignments. Page 37 C. Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. D. The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid provided that employees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual amount to be paid. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $1,500 per fiscal year for the period from October 1, 2018 through September 30, 2021, subject to meeting the approval and eligibility requirements of the City's program. However, the City shall reimburse up to $1,800 per year for tuition fees of approved courses in a Master’s Degree level program for the same period. Employees in the bargaining unit must execute an Agreement to repay to the City any amount of Tuition Refund exceeding $650.00 reimbursed in a fiscal year period should such employee separate from the City within two (2) years of receipt of reimbursement. In the event that an employee separates from the City by retirement and opts to receive an extended sick/injury leave benefit, separation for the purpose of repayment of tuition refunds shall date from the employee's last actual work day and not the effective date of retirement. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater Unions' representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as it has available as would be required to formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment Page 38 in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1st, 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be of the employee’s choice from the companies offered by the City as approved by the Insurance Committee. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her probation period or extended probationary period as a Police Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just cause. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time they believe a meeting may lead to disciplinary action. The City, the Union or the employee may use any work history material as evidence to support or oppose a suspension or dismissal.. Section 2. An employee may also be issued a non-disciplinary “Employee Notice” by his/her Division Head. Prior to an Employee Notice being placed in an employee's file, a Police Sergeant will have the right to confer with the Division Head and a Police Lieutenant will have the right to confer with the Deputy Chief regarding the proposed Employee Notice. The Employee Notice will be retained in the employee’s Department file. At the end of two (2) years, if there is no reoccurrence, the Employee Notice will not be used for any future disciplinary action. The Employee Notice will be maintained and/or removed form the file in accordance with the State of Florida public records law. Section 3. Performance, behavior management, and disciplinary procedures shall be found in the current Police Department SOP’s and General Orders 211, 212, and 213. The City will notify the Union of any proposed change to the system of discipline or performance management. The Union will within a reasonable amount of time notify the City in writing of the specific impact of the proposed change and the intent of the Union to bargain the impact of the change to the system. Proposed changes will be consistent with sound personnel practice and may be implemented by the City provided that mandatory and permissive bargaining requirements have been met. The Police Department and the Union will continue the practice of Labor Management meetings to resolve these types of issues. The City acknowledges the right of the employee or Union to grieve the application of the process or the application of any individual performance or behavior management standards. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. Page 39 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Police Majors and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Section 2. City’s Drug and Alcohol Program Policy A. The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and “safety-sensitive” employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 3. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1. The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood samples shall be drawn or collected at a City-designated facility. 3. All testing shall be done by a laboratory certified by NIDA. Page 40 C. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. D. In the event that a Vice & Intelligence officer was required, as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT Section 1. Employees shall participate in either the City Pension Plan or the Federal Social Security program as established by provisions of those programs. Should the City subsequently establish an alternate plan to the existing City Pension Plan which is made available to City employees in the City Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent with the provisions of the conversion procedure. Section 2. Retirement Advancement A. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. B. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. C. During the period of “retirement advancement”, the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Seniority in rank will be utilized to determine vacation selection, selection of floating holidays, and for bidding for shift assignments, provided that skills and qualifications are substantially equal and except as provided in Section 2 hereof. Section 2. Bargaining unit members shall be permitted to bid shift assignments by seniority in rank but the Department reserves the right, based on its determination of operational demands to ensure that officers with specialized skills are appropriately deployed among the shifts and to ensure that officers with limited tenure in their job classification are distributed relatively evenly among the shifts. The Department reserves the right to designate up to four field training supervisors which will be distributed as follows: Page 41 3. One FTO supervisor permanently assigned to an FTO team in District II 4. One FTO supervisor permanently assigned to an FTO team in District III 5. Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignments and specialty assignments. 6. No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at any given time. Bargaining unit members who are selected for FTO supervisor assignments shall be permitted to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants who are in special duty assignments such as Community Policing, Traffic Section, Camera Program Supervisor, or the Special Operations Section are not included in the bidding process. An employee who is placed on light or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment until he/she resumes full duty status. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Such reassignment shall be with proper justification. Section 3. An employee shall lose his/her status as an employee and his/her seniority if the employee: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within ten (10) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department; (e) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 4. In the event that the City determines layoffs are necessary, all emergency, temporary, provisional or probationary employees shall be laid off before any regular status employee serving in the same class. If reduction in force requires further layoffs, the order of such layoffs shall be determined by seniority in rank.. An employee who is in a position that is subject to layoff shall have the option to revert to the position held within the Police Department prior to promotion to his/her current position, or to another sworn position of lower classification within the Police Department for which he/she is qualified. If this movement requires further reduction in force, the applicable bargaining agreement for the affected employees shall govern. No new employee shall be hired or promoted to the classifications of Police Sergeant or Police Lieutenant until all Police Sergeants and/or Lieutenants on layoff or demoted from those ranks in lieu of layoff have been given an opportunity to return to work in their former Police Sergeant or Police Lieutenant position and seniority date, provided that after one year of layoff such employees shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. Page 42 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2018, and shall continue in full force and effect until the thirtieth day of September, 2021. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2019. ATTEST: CITY OF CLEARWATER, FLORIDA ______________________________ By _________________________________ Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: ______________________________ ___________________________________ Pamela K. Akin, City Attorney George N. Cretekos, Mayor FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE Supervisors Bargaining Unit WITNESSES: _____________________________ By________________________________ Sergeant Joel Morley, President Clearwater Supervisors Bargaining Unit _____________________________ By________________________________ Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police i APPENDIX A POLICE SERGEANT PAY RANGE A-10 Step Council Ratification Biweekly October, 2019 Biweekly October, 2020 Biweekly 1 $2,773.303016 $2,856.502106 $2,942.197170 2 $2,884.247942 $2,970.775380 $3,059.898641 3 $2,999.582892 $3,089.570379 $3,182.257490 4 $3,119.574843 $3,213.162088 $3,309.556951 5 $3,244.365770 $3,341.696744 $3,441.947646 6 $3,374.140414 $3,475.364627 $3,579.625566 7 $3,509.106094 $3,614.379276 $3,722.810655 8 $3,649.470291 $3,758.954400 $3,871.723032 POLICE LIEUTENANT PAY RANGE A-20 Step Council Ratification Biweekly October, 2019 Biweekly October, 2020 Biweekly 1 $3,527.657136 $3,633.486850 $3,742.491456 2 $3,668.774602 $3,778.837840 $3,892.202975 3 $3,816.992592 $3,931.502370 $4,049.447441 4 $3,969.664934 $4,088.754882 $4,211.417529 5 $4,128.450077 $4,252.303579 $4,379.872686 6 $4,293.588125 $4,422.395769 $4,555.067642 7 $4,465.331626 $4,599.291574 $4,737.270322