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03/16/2020
Monday, March 16, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda March 16, 2020Council Work Session Work Session Agenda 1. Call to Order 2. Presentations March Service Awards2.1 3. Office of Management and Budget Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at first quarter and pass Ordinances 9385-20 and 9386-20 on first reading. 3.1 4. Finance Approve the purchase of Excess property insurance, including Bridges, Boiler and Machinery and Terrorism coverages, from April 1, 2020 through April 1, 2021, at the level of insurance provided for in this agenda item, at an amount not to exceed $2,800,000 and at the property rate of $0.347 per $100 of values through April 1, 2021, and authorize the appropriate officials to execute same. (consent) 4.1 Authorize a purchase order to Fastenal Company, for citywide Facility MRO (Maintenance, Repair and Operations) Industrial and Building Supplies with related Equipment, Accessories, Supplies and Vending Services, in the amount not to exceed $1,230,000 for the period of April 1, 2020 through January 25, 2023, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) 4.2 5. Gas System Approve a Purchase Order in the amount of $120,000 with Long and Associates, Inc., Engineer of Record, to provide design services for the Compressed Natural Gas filling station on Hercules Avenue and authorize the appropriate officials to execute same. (consent) 5.1 6. Parks and Recreation Approve a partnership agreement with 3 Score Softball Club and the City of Clearwater for use of city fields for senior adult programs from March 19, 2020 through March 18, 2021 with the option of five additional one-year renewals to be approved by the City Manager or his designee and authorize the appropriate officials to execute same. (consent) 6.1 Page 2 City of Clearwater Printed on 3/13/2020 March 16, 2020Council Work Session Work Session Agenda Approve a proposal by Construction Manager at Risk, Certus Builders of Tampa, Florida in the amount of $108,375 for renovations and construction of restrooms at Phillip Jones Park located at 1190 Russell Street and authorize the appropriate officials to execute same. (consent) 6.2 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida in the amount of $956,158.59 for Phase II site improvements at Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 6.3 7. Police Department Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $39,438 and authorize the appropriate officials to execute same. (consent) 7.1 8. Marine & Aviation Approve a proposal from Construction Manager at Risk Certus Builders in the amount of $1,030,588 for construction of a restroom at the Seminole Boat Ramp (16-0020-PL) and authorize the appropriate officials to execute same. (consent) 8.1 9. Public Utilities Approve the Interlocal Agreement between Pinellas County and the Cities of Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, St. Petersburg, and Tarpon Springs for funding the Tampa Bay Estuary Program match of a Florida Department of Environmental Protection Grant to develop a social marketing campaign focused on reducing sanitary sewer overflows and authorize the appropriate officials to execute same. (consent) 9.1 Authorize the award of Invitation to Bid 16-20, Corrosion Control Chemical poly/ortho blend, to Shannon Chemical Corporation of Malvern, PA, in an annual not-to-exceed amount of $110,000, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 9.2 10. Legal Request for authority to institute a civil action on behalf of the City against General Underground, LLC to recover $1,818.10 for damages to city property. (consent) 10.1 Page 3 City of Clearwater Printed on 3/13/2020 March 16, 2020Council Work Session Work Session Agenda Request for authority to institute a civil action on behalf of the City against ACERBO, Inc. to recover $1,579.97 for damages to city property. (consent) 10.2 Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) 10.3 Adopt Ordinance 9378-20 on second reading, vacating a portion of a dedicated right-of-way, described as that part of Lots 1 and 12, Midway Subdivision, according to the map or plat thereof, as recorded in Plat Book 13, Page 4 of the public records of Pinellas County, Florida. 10.4 Adopt Ordinance 9379-20 on second reading, vacating a 70-foot drainage and utility easement, as described in Official Records Book 5880, Page 3443 of the public records of Pinellas County, Florida. 10.5 11. City Manager Verbal Reports Park Redevelopment Status - Michael Delk, Assistant City Manager11.1 12. City Attorney Verbal Reports 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting March Service Awards16.1 Surveyor's Proclamation - Tom Mahony, Engineering Department Geographic Technology Manager 16.2 Paint Your Heart Out Clearwater 2020 - Samantha Almaraz, Board President 16.3 Page 4 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7499 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: March Service Awards SUMMARY: 5 Years of Service: Richard Bennett Marine and Aviation 10 Years of Service: James Ford Public Utilities 15 Years of Service: Craig Krueger Fire Joseph Kraus Fire Jason Matthews Fire Jose Fernandez Fire Jeremy Jenkins Fire 20 Years of Service: Deane Murray Public Utilities 25 Years of Service: Ike George Public Utilities Randy Barnoski Public Utilities 30 Years of Service: Tracy Kimball Police William Buzzell Solid Waste Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9385-20 & 9386-20 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at first quarter and pass Ordinances 9385-20 and 9386-20 on first reading. SUMMARY: The fiscal year 2019/20 operating and capital improvement budgets were adopted in September 2019 by ordinances 9323-19 and 9324-19. 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 3/13/2020 First quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager Department Directors SUBJECT: First quarter budget review - amended City Manager's annual budget report DATE: March 2, 2020 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 2019 through December 2019) 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 $128,002. The General Fund expenditure increase at first quarter includes the following amendments: an increase of $810 to employee recognition in various departments for safety award funding which is offset by revenues from the Central Insurance Fund; the transfer of $9,198.96 to the Marine Fund for reimbursement of slips 149 and 150 used for the ferry landing, which is offset by the return of revenue from the closed Clearwater Ferry special program; and the transfer of $117,993.36 to the Memorial Causeway Lighting project offset by the return of revenue from the closed ULI Report Implementation special program. 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 2019 books, estimated General Fund reserves at first quarter are approximately $39.6 million, or 26.1% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $26.7 million. Significant amendments to other city operating funds are noted as follows. First quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal Solid Waste and Recycling Fund First quarter amendments to Solid Waste and Recycling Fund expenditures reflect a transfer of $841,262 to the NORD Underground Refuse System project offset by the allocation of fund reserves as previously approved by the Council. Airpark Fund Airpark Fund expenditures are increased by $3,893 at first quarter representing a transfer to the Ground Support Equipment Replacement project to provide the City’s matching funds as previously approved by Council. Parking Fund First quarter amendments to Parking Fund expenditures reflect a net increase of $190,292. Amendments include an increase of $96,710 for the United Public Safety agreement; an increase of $93,415 for the Jolley Trolley spring break agreement; and an increase of $167 for the quarterly safety award. Both agreements were previously approved by Council using budgeted excess operating revenues in the Parking Fund to cover this expenditure increase. Capital Improvement Program First quarter amendments to the capital improvement program reflect a net increase of $1,034,201. Amendments previously approved by Council include an increase of $841,262 of Solid Waste Fund revenue and $544,228 of lease purchase revenue in the new Underground Refuse Program project; an increase of $117,993 of General Fund revenue in the new Memorial Causeway Lighting project; and $15,574 in grant revenue from FDOT and $3,893 in Airpark Fund revenues in the new Ground Support Equipment Replacement project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include a decrease of $563,000 in Administrative Services revenue in the Advanced Enterprise Audio Video project; an increase of $50,194 in reimbursement revenues from Florida Department of Transportation (FDOT) in the Traffic Signals project; an increase of $23,818 of lease purchase proceeds in the Miscellaneous Vehicle Additions project; and an increase of $15,231 of reimbursement revenues from the Pinellas Suncoast Transit Authority (PSTA) in the Streets and Sidewalks project. Special Program Fund The Special Program Fund reflects a net budget increase of $2,727,622 at first quarter. Significant amendments include the recognition of $531,543 in governmental revenues supporting Police programs for investigative recovery, federal forfeiture sharing, 2019/20 pedestrian and bicycle safety grant, and school resource officers; $453,032 in governmental revenues from the Juvenile Welfare Board for 2019/20 summer and after school programs; $247,778 in FEMA reimbursements; $290,853 of miscellaneous revenues transferred into the new Affordable Housing and Community Development program; $20,381 in donation revenues to support Police and Library programs; $15,000 in foreclosure registry fees collected; $207,652 in revenues received for special events; $43,006 in interest earnings from fiscal year 2019; $521,356 in fines and court proceeds for public safety programs, the lien foreclosure program, and the tree replacement program; and $397,017 in contractual service revenue for police extra duty. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID YEAR SUMMARY 2019/20 2019/20 FY 19/20 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 151,993,200 77,088,623 74,904,577 51%128,002 152,121,202 Expenditures 151,993,200 49,330,153 102,663,047 32%128,002 152,121,202 Utility Funds: Water & Sewer Fund Revenues 100,907,140 23,180,533 77,726,607 23%- 100,907,140 Expenditures 100,907,140 55,217,141 45,689,999 55%- 100,907,140 Stormwater Fund Revenues 22,821,340 4,489,005 18,332,335 20%312 22,821,652 Expenditures 22,821,340 14,178,426 8,642,914 62%312 22,821,652 Gas Fund Revenues 47,762,130 11,784,668 35,977,462 25%- 47,762,130 Expenditures 46,922,560 14,726,254 32,196,306 31%- 46,922,560 Solid Waste and Recycling Fund Revenues 26,920,400 7,127,132 19,793,268 26%359,942 27,280,342 Expenditures 26,439,080 6,578,945 19,860,135 25%841,262 27,280,342 Enterprise Funds: Marine Fund Revenues 5,164,400 1,215,395 3,949,005 24%- 5,164,400 Expenditures 5,058,860 1,325,792 3,733,068 26%- 5,058,860 Airpark Fund Revenues 342,680 85,985 256,695 25%- 342,680 Expenditures 280,690 83,066 197,624 30%3,893 284,583 Clearwater Harbor Marina Fund Revenues 885,820 232,059 653,761 26%- 885,820 Expenditures 821,500 294,937 526,563 36%- 821,500 Parking Fund Revenues 6,936,140 1,713,421 5,222,719 25%167 6,936,307 Expenditures 6,044,620 2,021,269 4,023,351 33%190,292 6,234,912 Internal Service Funds: General Services Fund Revenues 6,235,250 1,608,175 4,627,075 26%206 6,235,456 Expenditures 6,155,950 1,486,347 4,669,603 24%206 6,156,156 Administrative Services Revenues 12,996,930 3,184,095 9,812,835 24%209 12,997,139 Expenditures 12,765,760 3,705,412 9,060,348 29%209 12,765,969 Garage Fund Revenues 20,788,800 4,765,890 16,022,910 23%222 20,789,022 Expenditures 20,788,800 4,386,913 16,401,887 21%222 20,789,022 Central Insurance Fund Revenues 26,209,300 6,901,385 19,307,915 26%- 26,209,300 Expenditures 25,590,100 6,155,247 19,434,853 24%- 25,590,100 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2019-20 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 29 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 41 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, 2019 through December 31, 2019. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2019. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 19, 2019. 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 the first quarter review. Amended Budget Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2019/20 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 Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2019, 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 84%of budgeted property tax revenues have been collected.This is as projected,most property tax payments are made within 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 within the first few months of the fiscal year.No amendment is proposed. Miscellaneous 31,819 At first quarter,miscellaneous revenues reflect an increase of $31,819.00 to move revenues incorrectly included in transfer- in revenues.This amendment will correct the revenue totals in the budget ordinance. 96,183 At first quarter,transfer in revenues reflect a net increase of $96,183.32.Amendments include:1)an increase of $342.00 to recognize quarterly safety award funding and $468.00 for annual perfect claims award funding from the Central Insurance Fund;2)the return of $9,198.96 from special program 181-98604,2016 Clearwater Ferry,which will be used to reimburse the Marine Fund for use of slips 149 and 150;3)the return of $117,993.36 from special program 181- 99888,ULI Report Implementation,which will be transferred to the capital improvement fund for the Memorial Causeway Lighting project;and 4)the reduction of $31,819.00 to move revenues that should have been included in miscellaneous revenues,this amendment will correct the revenue totals in the budget ordinance. 128,002 Local Option, Fuel & Other Taxes Net General Fund Revenue Amendment City of Clearwater General Fund Revenues First Quarter Amendments FY 2019/20 Transfers In 3 Increase/ (Decrease)Description 51 At first quarter,City Manager expenditures reflect an increase of $51.00 to employee recognition for receipt of the annual perfect claims safety award. 69 At first quarter,City Attorney expenditures reflect an increase of $69.00 to employee recognition for receipt of the annual perfect claims safety award. 12 At first quarter,City Audit expenditures reflect an increase of $18.00 to employee recognition for receipt of the perfect claims annual safety award. 27 At first quarter,CRA expenditures reflect an increase of $27.00 to employee recognition for receipt of the perfect claims annual safety award. 66 At first quarter,Economic Development and Housing expenditures reflect an increase of $66.00 to employee recognition for receipt of the perfect claims annual safety award. 342 At first quarter,Engineering expenditures reflect an increase of $342.00 to employee recognition for receipt of the 4th quarter FY19 safety award. 177 At first quarter,Finance expenditures reflect an increase of $177.00 to employee recognition for receipt of the perfect claims annual safety award. 66 At first quarter,Public Communications expenditures reflect an increase of $66.00 to employee recognition for receipt of the perfect claims annual safety award. City of Clearwater General Fund Expenditures First Quarter Amendments FY 2019/20 Economic Development and Housing City Manager City Audit City Attorney CRA Administration Engineering Finance Public Communications 4 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2019/20 Non-Departmental The non-departmental cost center reflects 89%of total budget expended at first quarter due to transfers to the capital fund which happen in the first period of the year. Amendments reflect the following transfers: 9,199 1)A transfer of $9,198.96 to reimburse the Marine Fund for the Clearwater Ferry's use of slips 149 and 150 as approved in the water taxi operating agreement renewal on November 15,2018.This transfer is offset by General Fund revenues returned from closed special program 98604,2016 Clearwater Ferry.The remaining funding needed to fund the FY20 reimbursement will come from savings in other operating codes in the Non-Departmental cost center. 117,993 2)a transfer of $117,993.36 in General Fund revenues to capital project ENGF200002,Memorial Causeway Lighting offset by revenues returned from closed special program 99888,ULI Report Implementation.This new project and funding were approved by the Council on December 5, 2019. 127,192 128,002 Net General Fund Expenditure Amendment 5 2019/20 Variance %2019/20 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 64,911,420 54,243,959 10,667,461 84%- 64,911,420 Utility Taxes 15,575,000 3,208,353 12,366,647 21%- 15,575,000 Local Option, Fuel and Other Taxes 6,614,400 2,949,017 3,665,383 45%- 6,614,400 Franchise Fees 10,010,000 1,865,132 8,144,868 19%- 10,010,000 Other Permits & Fees 2,739,000 801,914 1,937,086 29%- 2,739,000 Intergovernmental 23,499,780 4,609,797 18,889,983 20%- 23,499,780 Charges for Services 15,569,430 3,550,061 12,019,369 23%- 15,569,430 Judgments, Fines and Forfeitures 1,264,000 278,556 985,444 22%- 1,264,000 Miscellaneous Revenues 2,748,000 2,822,525 (74,525) 103%31,819 2,779,819 Transfers In 11,330,850 2,759,308 8,571,542 24%96,183 11,427,033 Total Revenues 154,261,880 77,088,623 77,173,257 50%128,002 154,389,882 Transfer (to) from Surplus (2,268,680) - (2,268,680) 0%- (2,268,680) Adjusted Revenues 151,993,200 77,088,623 74,904,577 51%128,002 152,121,202 General Fund Expenditures City Council 391,040 117,719 273,321 30%- 391,040 City Manager's Office 1,212,580 321,350 891,230 27%51 1,212,631 City Attorney's Office 1,770,760 400,366 1,370,394 23%69 1,770,829 City Auditor's Office 226,000 64,889 161,111 29%12 226,012 CRA Administration 459,530 134,695 324,835 29%27 459,557 Economic Development and Housing 1,907,560 592,324 1,315,236 31%66 1,907,626 Engineering 8,330,520 1,866,972 6,463,548 22%342 8,330,862 Finance 2,747,190 642,042 2,105,148 23%177 2,747,367 Fire 28,532,540 8,246,376 20,286,164 29%- 28,532,540 Human Resources 1,575,860 377,256 1,198,604 24%- 1,575,860 Library 7,871,950 2,232,359 5,639,591 28%- 7,871,950 Non-Departmental 10,948,640 9,706,763 1,241,877 89%127,192 11,075,832 Official Records and Legislative Svcs 1,224,070 348,648 875,422 28%- 1,224,070 Parks & Recreation 31,807,990 9,751,555 22,056,435 31%- 31,807,990 Planning & Development 6,571,820 1,559,677 5,012,143 24%- 6,571,820 Police 44,832,880 12,589,005 32,243,875 28%- 44,832,880 Public Communications 1,192,620 280,883 911,737 24%66 1,192,686 Public Utilities 389,650 97,274 292,376 25%- 389,650 Total Expenditures 151,993,200 49,330,153 102,663,047 32%128,002 152,121,202 For the three month period of October 1, 2019 - December 31, 2019 GENERAL FUND FIRST QUARTER REVIEW 6 2019/20 Variance %2019/20 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 90,630,120 22,365,278 68,264,842 25%- 90,630,120 Judgments, Fines and Forfeits 271,000 90,975 180,025 34%- 271,000 Miscellaneous 1,740,000 724,280 1,015,720 42%- 1,740,000 Transfers In - - - ~- - Fund Equity 8,266,020 - 8,266,020 0%- 8,266,020 Total Revenues 100,907,140 23,180,533 77,726,607 23%- 100,907,140 Water & Sewer Expenditures: Public Utilities Administration 1,665,960 411,961 1,253,999 25%- 1,665,960 Wastewater Collection 16,189,040 12,256,877 3,932,163 76%- 16,189,040 Public Utilities Maintenance 9,116,670 4,116,593 5,000,077 45%- 9,116,670 WPC / Plant Operations 30,107,300 17,804,659 12,302,641 59%- 30,107,300 WPC / Laboratory Operations 1,642,830 371,967 1,270,863 23%- 1,642,830 WPC / Industrial Pretreatment 939,740 197,642 742,098 21%- 939,740 Water Distribution 22,064,270 13,996,040 8,068,230 63%- 22,064,270 Water Supply 16,402,580 5,379,906 11,022,674 33%- 16,402,580 Reclaimed Water 2,778,750 681,496 2,097,254 25%- 2,778,750 Non-Departmental - - - ~- - Total Expenditures 100,907,140 55,217,141 45,689,999 55%- 100,907,140 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At first quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer 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. For the three month period of October 1, 2019 - December 31, 2019 UTILITY FUNDS FIRST QUARTER REVIEW 7 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,928,900 4,255,070 12,673,830 25%- 16,928,900 Judgments, Fines and Forfeits 73,000 19,336 53,664 26%- 73,000 Miscellaneous 760,000 214,598 545,402 28%- 760,000 Transfers In - - - ~312 312 Fund Equity 5,059,440 - 5,059,440 0%- 5,059,440 Total Revenues 22,821,340 4,489,005 18,332,335 20%312 22,821,652 Stormwater Expenditures: Stormwater Management 16,642,460 12,716,328 3,926,132 76%60 16,642,520 Stormwater Maintenance 6,178,880 1,462,098 4,716,782 24%252 6,179,132 Total Expenditures 22,821,340 14,178,426 8,642,914 62%312 22,821,652 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:312 Stormwater Fund Expenditures:312 At first quarter,amendments to Stormwater Fund revenues reflect an increase of $312.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At first quarter,amendments to Stormwater Fund expenditures reflect an increase of $312.00 to employee recognition for receipt of the 4th quarter FY19 safety award.Expenditures reflect 62%of total budget due to transfers to the capital fund which happen in the first period of the year. At first quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2019/20. 8 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,045,630 11,567,294 35,478,336 25%- 47,045,630 Judgments, Fines and Forfeits 132,000 37,767 94,233 29%- 132,000 Miscellaneous 584,500 179,607 404,893 31%- 584,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 47,762,130 11,784,668 35,977,462 25%- 47,762,130 Gas Expenditures: Administration & Supply 23,945,000 4,233,045 19,711,955 18%(81,750) 23,863,250 South Area Gas Operations 9,029,470 3,551,896 5,477,574 39%33,500 9,062,970 North Area Gas Operations 6,681,510 3,686,177 2,995,333 55%70,300 6,751,810 Marketing & Sales 7,266,580 3,255,136 4,011,444 45%(22,050) 7,244,530 Total Expenditures 46,922,560 14,726,254 32,196,306 31%- 46,922,560 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $839,570 for fiscal year 2019/20. No amendments are proposed to Gas Fund revenues at first quarter. Amendments to the Gas Fund reflect expenditure increases and decreases to various cost centers which net to zero. 9 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 905 95 91%- 1,000 Charges for Service 23,659,000 6,172,900 17,486,100 26%- 23,659,000 Judgments, Fines and Forfeits 90,000 24,006 65,994 27%- 90,000 Miscellaneous 662,000 252,233 409,767 38%- 662,000 Transfers In - - - ~- - Solid Waste Revenues 24,412,000 6,450,044 17,961,956 26%- 24,412,000 Recycling Revenues: Other Permits and Fees 400 288 113 72%- 400 Intergovernmental - - - ~- - Charges for Service 2,350,000 611,859 1,738,141 26%- 2,350,000 Judgments, Fines and Forfeits 8,000 2,215 5,785 28%- 8,000 Miscellaneous 150,000 62,727 87,273 42%- 150,000 Transfers In - - - ~- - Recycling Revenues 2,508,400 677,088 1,831,312 27%- 2,508,400 Fund Equity - - - ~359,942 359,942 Total Revenues 26,920,400 7,127,132 19,793,268 26%359,942 27,280,342 Solid Waste Expenditures: Collection 18,254,990 4,709,125 13,545,865 26%- 18,254,990 Transfer 2,278,360 546,850 1,731,510 24%- 2,278,360 Container Maintenance 941,510 240,788 700,722 26%- 941,510 Administration 1,121,860 264,271 857,589 24%841,262 1,963,122 Solid Waste Expenditures 22,596,720 5,761,035 16,835,685 25%841,262 23,437,982 Recycling Expenditures: Residential 1,426,960 332,465 1,094,495 23%- 1,426,960 Multi-Family 496,640 112,702 383,938 23%- 496,640 Commercial 1,918,760 372,743 1,546,017 19%- 1,918,760 Recycling Expenditures 3,842,360 817,910 3,024,450 21%- 3,842,360 Total Expenditures 26,439,080 6,578,945 19,860,135 25%841,262 27,280,342 At first quarter, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2019/20. 10 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:359,942 Solid Waste and Recycling Fund Expenditures:841,262 First quarter amendments reflect an allocation of $359,942.00 in Solid Waste and Recycling Fund retained earnings to fund capital improvement project C2005, Underground Refuse Program as approved by the Council on October 16,2019.The required use of reserves needed to fund this project is partially offset by revenues budgeted in excess of expenditures for the current fiscal year. First quarter amendments reflect a transfer of $841,262.00 from Solid Waste and Recycling fund retained earnings for capital project C2005, Underground Refuse Program as approved by Council on October 16, 2019. 11 2019/20 Variance %2019/20 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 5,037,600 1,178,571 3,859,029 23%(10,000) 5,027,600 Judgments, Fines and Forfeits 3,000 1,001 1,999 33%- 3,000 Miscellaneous Revenue 119,300 35,824 83,476 30%- 119,300 Transfers In - - - ~10,000 10,000 Fund Equity - - - ~- - Total Revenues 5,164,400 1,215,395 3,949,005 24%- 5,164,400 Marine Expenditures: Marina Operations 5,058,860 1,325,792 3,733,068 26%- 5,058,860 Total Expenditures 5,058,860 1,325,792 3,733,068 26%- 5,058,860 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At first quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $105,540 for fiscal year 2019/20. Amendments to Marine Fund revenues reflect a decrease of $10,000.00 in slip rental revenue offset by an increase to transfer in revenue.This net zero amendment recognizes the reimbursement from the General Fund for slips 149 and 150 that are out of service for the Clearwater Ferry landing. No amendments are proposed to Marine Fund expenditures at first quarter. For the three month period of October 1, 2019 - December 31, 2019 ENTERPRISE FUNDS FIRST QUARTER REVIEW 12 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 843,670 215,242 628,428 26%- 843,670 Judgments, Fines and Forfeits 800 350 450 44%- 800 Miscellaneous Revenue 41,350 16,467 24,883 40%- 41,350 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 885,820 232,059 653,761 26%- 885,820 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 821,500 294,937 526,563 36%- 821,500 Total Expenditures 821,500 294,937 526,563 36%- 821,500 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- 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 36%of total budget due to transfers to the capital fund which happen in the first period of the year. At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $64,320 for fiscal year 2019/20. 13 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 3,648 16,352 18%- 20,000 Miscellaneous Revenue 322,680 82,337 240,343 26%- 322,680 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 342,680 85,985 256,695 25%- 342,680 Airpark Expenditures: Airpark Operations 280,690 83,066 197,624 30%3,893 284,583 Total Expenditures 280,690 83,066 197,624 30%3,893 284,583 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:3,893 At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $58,097 for fiscal year 2019/20. No amendments are proposed to Airpark Fund revenues at first quarter. First quarter amendments to Airpark Fund expenditures reflect the transfer of $3,893.00 to capital project G2009,Ground Support Equipment Replacement as approved by the Council on February 20,2020.This expenditure increase is offset by revenues budgeted in excess of expenditures this fiscal year. 14 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 5,911,050 1,428,090 4,482,960 24%- 5,911,050 Judgments, Fines and Forfeits 700,090 196,025 504,065 28%- 700,090 Miscellaneous Revenue 325,000 89,306 235,694 27%- 325,000 Transfers In - - - ~167 167 Fund Equity - - - ~- - Total Revenues 6,936,140 1,713,421 5,222,719 25%167 6,936,307 PARKING FUND EXPENDITURES Engineering/Parking System 4,287,810 1,586,001 2,701,809 37%93,528 4,381,338 Engineering/Parking Enforcement 700,090 163,548 536,542 23%96,764 796,854 Parks & Rec/Beach Guards 980,200 266,051 714,149 27%- 980,200 Seminole Street Boat Ramp 76,520 5,668 70,852 7%- 76,520 Total Expenditures 6,044,620 2,021,269 4,023,351 33%190,292 6,234,912 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:167 Parking Fund Expenditures:190,292 At first quarter,amendments to Parking Fund revenues reflect an increase of $167.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. First quarter amendments to Parking Fund expenditures reflect a net increase of $190,292.00. Amendments include:1)a net increase of $96,710.00 to contractual services to fund the United Public Safety agreement as approved by the Council on November 7,2019;2)an increase of $93,415.00 to fund Jolley Trolley Spring Break services as approved by City Council on January 16,2020;and 3)an increase of $167.00 to employee recognition for receipt of the 4th quarter fiscal year 2019 safety award. At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $701,395 for fiscal year 2019/20. 15 2019/20 Variance %2019/20 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 6,060,250 1,550,299 4,509,951 26%- 6,060,250 Miscellaneous Revenues 175,000 57,876 117,124 33%- 175,000 Transfers In - - - ~206 206 Fund Equity - - - ~- - Total Revenues 6,235,250 1,608,175 4,627,075 26%206 6,235,456 General Services Expenditures: Administration 405,590 121,053 284,537 30%38 405,628 Building & Maintenance 5,750,360 1,365,293 4,385,067 24%168 5,750,528 Total Expenditures 6,155,950 1,486,347 4,669,603 24%206 6,156,156 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:206 General Services Fund Expenditures:206 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the three month period of October 1, 2019 - December 31, 2019 At first quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $79,300 for fiscal year 2019/20. 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 FY20 safety award. 16 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,816,930 3,128,566 9,688,364 24%- 12,816,930 Miscellaneous Revenues 180,000 55,529 124,471 31%- 180,000 Transfers In - - - ~209 209 Fund Equity - - - ~- - Total Revenues 12,996,930 3,184,095 9,812,835 24%209 12,997,139 Administrative Services Expenditures: Info Tech / Admin 413,090 108,258 304,832 26%204 413,294 Info Tech / Network Svcs 4,184,050 1,205,430 2,978,620 29%- 4,184,050 Info Tech / Software Applications 3,274,240 1,169,577 2,104,663 36%- 3,274,240 Info Tech / Telecommunications 915,440 199,822 715,618 22%- 915,440 Public Comm / Courier 193,160 23,545 169,615 12%5 193,165 Clearwater Customer Service 3,785,780 998,781 2,786,999 26%- 3,785,780 Total Expenditures 12,765,760 3,705,412 9,060,348 29%209 12,765,969 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:209 Administrative Services Fund Expenditures:209 At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $231,170 for fiscal year 2019/20. At first quarter,Administrative Services Fund revenues reflect an increase of $209.00 to transfer-in revenues recognizing perfect claims safety award funding from the Central Insurance Fund. At first quarter,Administrative Services Fund expenditures reflect an increase of $209.00 to employee recognition for receipt of the annual perfect claims safety award. 17 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 GARAGE FUND Garage Fund Revenues Charges for Service 19,558,770 4,498,655 15,060,115 23%- 19,558,770 Miscellaneous Revenues 1,106,000 267,235 838,765 24%- 1,106,000 Transfers In - - - ~222 222 Fund Equity 124,030 - 124,030 0%- 124,030 Total Revenues 20,788,800 4,765,890 16,022,910 23%222 20,789,022 Garage Fund Expenditures: Fleet Maintenance 18,490,280 3,893,732 14,596,548 21%210 18,490,490 Radio Communications 2,298,520 493,181 1,805,339 21%12 2,298,532 Total Expenditures 20,788,800 4,386,913 16,401,887 21%222 20,789,022 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:222 Garage Fund Expenditures:222 At first quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2019/20. 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. At first quarter,garage fund expenditures reflect an increase of $222.00 to employee recognition for receipt of the 1st quarter FY20 safety award. 18 2019/20 Variance %2019/20 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, 2019 - December 31, 2019 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,409,300 6,585,351 18,823,949 26%- 25,409,300 Miscellaneous Revenues 800,000 316,034 483,966 40%- 800,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 26,209,300 6,901,385 19,307,915 26%- 26,209,300 Central Insurance Expenditures: Finance / Risk Management 432,850 78,297 354,553 18%18 432,868 HR / Employee Benefits 401,490 80,999 320,491 20%- 401,490 HR / Employee Health Clinic 1,703,020 165,038 1,537,982 10%- 1,703,020 Non-Departmental 23,052,740 5,830,912 17,221,828 25%(18) 23,052,722 Total Expenditures 25,590,100 6,155,247 19,434,853 24%- 25,590,100 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at first quarter. Amendments to Central Insurance Fund expenditures reflect a net zero amendment to transfer money between cost centers for the annual perfect claims safety award. At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $619,200 for fiscal year 2019/20. 19 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2019/20 20 The amended 2019/20 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 $1,034,201. 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: ➢ Advanced Enterprise Audio Video - a budget decrease of $563,000.00 of Administrative Services Fund revenue to close the project. ➢ Traffic Signals - a budget increase of $50,194.00 of reimbursement revenue received from the Florida Department of Transportation for damaged traffic signals. ➢ Miscellaneous Vehicle Additions – General Government - a budget increase of $23,818.00 of lease purchase proceeds for the purchase of an additional vehicle. ➢ Streets and Sidewalks - a budget increase of $15,231.00 of reimbursement revenue received from the Pinellas Suncoast Transit Authority for the Marina bus stop. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Underground Refuse Program 1,385,490 10/16/19 Memorial Causeway Lighting 117,993 12/05/19 Ground Support Equipment Replacement 19,467 02/20/20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Druid Road Trail - CLOSE PROJECT (306,612) To record a budget transfer of $306,611.79 of infrastructure sales tax (Penny) revenue to project M1915, Belmont Park Revitalization. 1 ENRD180001 (14,993) * To record a budget decrease of $14,992.59 of FDOT grant revenue.This project is complete and will be closed.(321,604) Streets and Sidewalks 2 ENRD180004 15,231 * To record a budget increase of $15,231.00 of reimbursement revenue received from the Pinellas Suncoast Transit Authority for the Marina bus stop.15,231 Traffic Signals 3 ENRD180006 50,194 * To record a budget increase in the amount of $50,194.00 of reimbursement revenue received from the Florida Department of Transportation for damaged traffic signals.50,194 Parking Lot Resurfacing 4 ENPK180001 (300,000) To record a budget transfer of $300,000.00 of Parking Fund revenue to project ENPK180003,Parking Facilities.Thiswas approved bythe Council on November 7, 2019.(300,000) Parking Facilities 5 ENPK180003 300,000 To record a budget transfer of $300,000.00 of Parking Fund revenue from project ENPK180001,Parking Lot Improvements.This was approved by the Council on November 7, 2019.300,000 Memorial Causeway Lighting - NEW PROJECT 6 ENGF200003 117,993 1,482,007 To establish the project and record a net budget increase of $1,600,000.00 of General Fund revenue.Amendments include transers of $1,482,006.64 from project ENGF180013,Imagine Clearwater and $117,993.36 from project 181-99888,ULI Report Implementation.This was approved by Council December 5, 2019.1,600,000 Ground Support Equipment Replacement - NEW PROJECT 7 G2009 19,467 To establish the project and record a net budget increase of $19,467.00. Amendments include a transfer of $3,893.00 in Airpark Fund reserves,and an increase of $15,574.00 in FDOT grant revenue.This was approved by the Council on February 20, 2020.19,467 Motorized Equipment Replacement - L/P - CLOSE PROJECT 8 94241 (1,681) To record a budget transfer of $1,681.00 of lease purchase proceeds to project L1910,Garage -Motorized Equipmet Replacement.This project is complete and will be closed.(1,681) Miscellaneous Vehicle Additions-General Government 9 94627 23,818 * To record a budget increase of $23,818.00 of lease purchase proceeds for the purchase of an additional vehicle.23,818 Garage - Motorized Equipment Replacement 10 L1910 1,681 To record a budget transfer of $1,681.00 of lease purchase proceeds from project 316-94241, Motorized Equipment Replacement - L/P.1,681 Network Infrastructure & Server R&R 11 M1912 27,178 To record a budget increase of $27,178.45 of Administration Services revenue from project 355-94890, Advanced Enterprise Audio Video.27,178 CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2019/20 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2019/20 Advanced Enterprise Audio Video - CLOSE PROJECT 12 94890 (563,000) *(27,178) To record a budgetdecrease of $563,000.00 of Administrative ServicesFund revenue and transfer the available cash of $27,178.45 to project M1912, Network Infrastructure & Server R&R. This project will be closed.(590,178) Imagine Clearwater 13 ENGF180013 (1,482,007) To record a budget transfer of $1,482,006.64 of General Fund revenue to project ENGF200003,Memorial Causeway Bridge Lighting.This was approved by the Council on December 5, 2019.(1,482,007) Sustainability Initiatives 14 M1914 100,000 To record a budget transfer of $100,000.00 of General Fund revenue from project M1915, Belmont Park Revitalization.100,000 Belmont Park Revitalization 15 M1915 306,612 To record a budget transfer of $306,611.79 of infrastructure sales tax (Penny) revenue from project ENRD180001, Druid Road Trail. (100,000) To record a budget transfer of $100,000.00 of General Fund revenue to project M1914, Sustainability Initiatives.206,612 Coastal Basins 16 ENST180005 761,133 To record a budget transfer of $761,132.89 of Stormwater Fund revenue from project ENST180009, East Gateway Improvements.761,133 East Gateway Improvements - CLOSE PROJECT 17 ENST180009 (761,133) To record a budget transfer of $761,132.89 of Stormwater Fund revenue to project ENST180005, Coastal Basins. This project will be closed.(761,133) Environmential Remediation 18 96358 (250,000) To record a budget transfer of $250,000.00 of Gas Fund revenue to project 323-96387, Natural Gas Vehicle.(250,000) Natural Gas Vehicle 19 96387 750,000 To record budget transfers of Gas Fund revenues of $250,000.00 from project 323-96358,Environmential Remediation;and $500,000.00 from project 323-96391, Gas System Pasco Building.750,000 Gas System Pasco Building 20 96391 (500,000) To record a budget transfer of $500,000.00 of Gas Fund revenue to project 323-96387, Natural Gas Vehicle.(500,000) Commercial Container Acquisition 21 96444 (184,600) To record a transfer of $184,600.00 of Solid Waste Fund revenue to project C2005, Underground Refuse Program (184,600) Underground Refuse Program - NEW PROJECT 22 C2005 1,385,490 184,600 To establish the project and record a net budget increase of $1,570,090.00. Amendments include a transfer of $841,262.00 in Solid Waste Fund revenue;a transfer of $184,600.00 of Solid Waste Fund revenue from project 324-96444,Commercial Container Acquisition;and an increase of $544,228 in lease purchase revenue.This was approved by the Council on October 16, 2019.1,570,090 1,034,201 - 1,034,201 TOTAL BUDGET INCREASE /(DECREASE) 22 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 424,698 - 424,698 302,897 116,764 5,037 P1803 Command Bus Refurbishment 200,000 - 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 - 300,000 - - 300,000 P1902 Police Information Systems 400,000 - 400,000 18,402 - 381,599 PD00180001 Police District 3 Sub Station 1,200,000 - 1,200,000 41,890 13,553 1,144,557 Sub-Total 2,524,698 - 2,524,698 363,188 130,317 2,031,193 Fire Protection 91218 Fire Engine Replacement 2,824,786 - 2,824,786 2,791,668 - 33,118 91221 EMS Capital Equipment 1,165,710 - 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,966,590 - 1,966,590 1,708,591 - 257,999 91236 Rescue Vehicle 200,000 - 200,000 200,000 - - 91244 Aerial Truck 2,890,000 - 2,890,000 1,294,584 1,358,895 236,521 91257 AED Program 237,770 - 237,770 163,252 - 74,518 91259 Radio Replacements 1,519,640 - 1,519,640 1,519,353 - 287 91260 Thermal Imaging Cameras 249,210 - 249,210 115,711 - 133,499 91261 Personal Protection Equipment 2,126,720 - 2,126,720 1,861,539 - 265,181 91262 SCBA Upgrade - Fill Station 125,000 - 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 - 177,000 79,043 55,865 42,093 91264 Fire Hose Replacement 452,570 - 452,570 301,045 - 151,525 91271 Fire Boat 968,000 - 968,000 619,808 - 348,192 91272 Old Fire Station 45 Demolition 100,000 - 100,000 24,247 - 75,753 FD00190001 Fire Station 46 - Beach 6,372,693 - 6,372,693 15,394 734,109 5,623,190 FD00190002 Fire Station 47 Replacement 4,839,441 - 4,839,441 705,703 - 4,133,738 G1803 Video Teleconferencing Equipment 343,557 - 343,557 - - 343,557 M2005 Fire Training Tower 50,000 - 50,000 - - 50,000 Sub-Total 26,608,686 - 26,608,686 12,513,783 2,148,869 11,946,035 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 (321,604) 3,162,042 3,162,041 - 0 C 1 ENRD180002 Bridge Maintenance & Improvements 7,406,247 - 7,406,247 85,989 768,622 6,551,637 ENRD180003 Traffic Calming 1,905,031 - 1,905,031 342,687 - 1,562,344 ENRD180004 Streets and Sidewalks 14,417,793 15,231 14,433,024 7,515,979 2,035,113 4,881,932 2 ENGF180001 Downtown Streetscaping 6,735,405 - 6,735,405 301,209 299,697 6,134,498 ENGF200001 Redesign Fort Harrison/Myrtle 1,000,000 - 1,000,000 - - 1,000,000 Sub-Total 34,948,122 (306,373) 34,641,749 11,407,905 3,103,432 20,130,412 Intersections ENRD180005 City-Wide Intersection Improvement 2,407,650 - 2,407,650 825,895 86,222 1,495,533 ENRD180006 Traffic Signal 916,311 50,194 966,505 439,556 22,843 504,106 3 ENRD180007 Traffic Safety Infrastructure 1,136,765 - 1,136,765 329,466 140,983 666,316 Sub-Total 4,460,726 50,194 4,510,920 1,594,917 250,047 2,665,956 Parking ENPK180001 Parking Lot Resurfacing 958,476 (300,000) 658,476 33,865 - 624,611 4 ENPK180002 Parking Lot Improvement 1,478,802 - 1,478,802 159,363 416,000 903,439 ENPK180003 Parking Facilities 1,201,348 300,000 1,501,348 127,431 742,244 631,673 5 Sub-Total 3,638,626 - 3,638,626 320,659 1,158,244 2,159,723 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 274,146 - 274,146 28,287 - 245,860 92842 U.S. 19 Wayfinding Project 1,450,000 - 1,450,000 215,835 - 1,234,165 ENGF180004 Survey Equipment Replacement 20,788 - 20,788 - - 20,788 C2004 Lift Stations - General Government 850,000 - 850,000 - - 850,000 ENGF200003 Memorial Causeway Bridge Light - 1,600,000 1,600,000 - 166,656 1,433,344 6 Sub-Total 3,519,691 1,600,000 5,119,691 244,121 166,656 4,708,913 Actual Expenditures 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 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 622,817 - 622,817 589,797 - 33,020 93205 Spectrum Field Infrastructure Improve 3,332,272 - 3,332,272 2,980,618 122,565 229,089 93247 Fitness Equipment Replacement 490,000 - 490,000 423,308 10,780 55,912 93251 Morningside Rec Ctr Replacement 7,189,000 - 7,189,000 6,970,132 48,341 170,527 93263 Public Art Maintenance 1,498 - 1,498 1,173 - 325 93271 Swimming Pool R&R 1,306,876 - 1,306,876 953,460 18,012 335,404 93272 Bicycle Paths-Bridges 5,858,833 - 5,858,833 3,722,003 40,997 2,095,834 93278 Long Center Infra Repairs 2,158,283 - 2,158,283 1,739,798 13,665 404,820 93286 Parking Lot/Bike Path Rsr/Imprv 801,618 - 801,618 610,327 - 191,291 93602 Sp Events Equip Rep & Rplcmnt 330,000 - 330,000 297,214 - 32,786 93604 Brdwlks & Docks Rep & Rplcmnt 605,000 - 605,000 566,960 6,200 31,840 A1901 Miscellaneous Minor Public Art 112,785 - 112,785 3,000 109,785 93612 McMullen Tennis Complex 878,103 - 878,103 867,467 - 10,636 93618 Miscellaneous Park & Rec Contract 315,000 - 315,000 279,069 1,361 34,570 93620 Sports Field Lighting 565,000 - 565,000 201,596 10,870 352,534 ENGF180007 Phillip Jones Park Renovations 224,726 - 224,726 3,828 - 220,898 93633 Pier 60 Park & Bchwlk Repair and Improv 1,139,377 - 1,139,377 949,699 38,782 150,897 93634 Concrete Sidewalk & Pad Repair 368,176 - 368,176 254,466 34,400 79,310 93635 Park Amenity Purch & Rplcmnt 1,047,800 - 1,047,800 675,479 - 372,321 93636 Tennis Court Resurfacing 830,310 - 830,310 375,069 18,700 436,541 93637 Playground & Fitness Purch & Rplc 998,599 - 998,599 649,597 49,725 299,277 93638 Fencing Replacement Program 809,664 - 809,664 650,984 - 158,680 93639 Marina Dist Boardwalk & Entry Node 751,930 - 751,930 751,930 - 0 C 93642 Phillip-Jones Restroom/Concession 507,944 - 507,944 168,604 2,005 337,335 93646 Rest Rm Expan-Barefoot Bch House 480,580 - 480,580 287,537 5,750 187,293 93648 Moccasin Lake Park Master Plan 1,182,432 - 1,182,432 1,114,510 4,892 63,030 93650 Crest Lake Park Improvement 7,500,000 - 7,500,000 1,430,191 178,510 5,891,300 93652 Countryside Plex Restroom/Concession 4,099,500 - 4,099,500 1,643,028 1,330,241 1,126,230 93654 Recreation Centers Infrastructure Repairs 520,000 - 520,000 175,793 10,065 334,142 93656 Jack Russell Demo/Refurb 499,575 - 499,575 499,575 - (0) 93665 Youth Sports Field Renovations 46,297 - 46,297 - 2,262 44,035 93667 Del Oro Park Renovations 450,000 - 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 - 200,000 142,743 - 57,257 93672 Clearwater Beach Infrast Repairs & Improve 388,060 - 388,060 305,032 21,720 61,309 93673 Jack Russell Stadium Improvements 1,289,066 - 1,289,066 981,340 74,910 232,816 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 8,500,000 - 8,500,000 6,500,000 2,000,000 C2001 Athletic Fields & Facilities Reno/Improve 2,500,000 - 2,500,000 - - 2,500,000 C2002 Ed Wright Park Renovations 750,000 - 750,000 - - 750,000 ENGF200002 Beach Guard Administration Building 30,000 - 30,000 - - 30,000 L1901 P&R Vehicle and Equipment Additions 245,110 - 245,110 225,195 19,915 0 M1901 Countryside Sports Complex Renovation 100,000 - 100,000 - - 100,000 M2002 Environmental Park Remediate & Protect 50,000 - 50,000 - - 50,000 M2006 Right of Way Tree Management Program 250,000 - 250,000 - - 250,000 PRAF180001 Eddie C. Moore Softball Complex Reno 790,000 - 790,000 779,638 - 10,362 Sub-Total 61,816,231 - 61,816,231 38,767,156 2,067,668 20,981,407 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Marine Facilities 93403 Beach Guard Facility Maintenance 348,292 - 348,292 240,053 - 108,239 ENGF190002 Beach Guard Tower 158,239 - 158,239 190 - 158,049 93410 Clwr Harbor Marina Maintenance 260,000 - 260,000 199,313 - 60,687 ENGF180006 City-wide Docks and Seawall 1,986,739 - 1,986,739 1,009,546 309,818 667,376 93415 Waterway Maintenance 510,000 - 510,000 319,086 37,140 153,774 93418 Utilities Services Replacement 412,714 - 412,714 170,456 242,258 93420 Fuel System R & R 142,752 - 142,752 103,083 25,087 14,582 93422 Dredging of City Waterways 1,046,204 - 1,046,204 483,487 - 562,717 ENGF180014 Seminole Boat Launch Improvements 6,752,000 - 6,752,000 2,930,369 335,125 3,486,506 93499 Pier 60/Sailing Center Maintenance 481,952 - 481,952 287,514 13,045 181,393 C1905 Beach Marina Upgrade 500,000 - 500,000 - - 500,000 C1906 Clearwater Harbor Marina Repl & Upgrade 206,000 - 206,000 - - 206,000 M1902 Marine Facility Maintenance Dock R&R 314,970 - 314,970 106,110 - 208,860 Sub-Total 13,119,862 - 13,119,862 5,849,208 720,215 6,550,439 Airpark 94817 Airpark Maintenance & Repair 244,000 - 244,000 197,404 - 46,596 94886 Clearwater Airpark Masterplan Update 110,000 - 110,000 106,345 2,980 675 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 G1908 Clearwater Airpark FDOT Security Grant 75,000 - 75,000 22,808 52,192 - G2009 Ground Support Equipment Replacement 0 19,467 19,467 0 0 19,467 7 Sub-Total 1,729,000 19,467 1,748,467 381,117 55,172 1,312,178 Libraries 93527 Books & Other Lib Mat - II 7,696,601 - 7,696,601 7,598,564 - 98,037 93530 Consolidated Eastside/SPC Library 6,250,000 - 6,250,000 5,295,731 - 954,269 93532 Library Maker Space Maint. & Upgrade 257,560 - 257,560 124,558 - 133,002 93534 Library FF&E Repair & Replace 335,000 - 335,000 119,110 - 215,890 93535 Countryside Library Demolition 75,000 - 75,000 - - 75,000 Sub-Total 14,614,161 - 14,614,161 13,137,963 - 1,476,198 Garage 94233 Motorized Equip-Cash II 2,081,156 - 2,081,156 1,935,844 67,049 78,263 94238 Police Vehicles 3,319,686 - 3,319,686 2,929,891 355,002 34,793 94241 Motorized Equipment Replace - L/P 38,808,946 (1,681) 38,807,265 38,807,265 - 0 C 8 94246 Fleet Management & Mapping 710,000 - 710,000 332,845 - 377,155 94627 Misc Budgetary Vehicle Addition 167,799 23,818 191,617 148,768 34,681 8,168 9 C1901 Beach Radio Tower 852,370 - 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 269,520 - 269,520 11,747 - 257,773 GSFL180002 P25 Radio Equipment & Infrastructure 2,200,000 - 2,200,000 56,896 - 2,143,104 L1910 Motorized Equipment Replacement 8,732,446 1,681 8,734,127 976,083 6,395,434 1,362,610 10 L1911 Off Cycle Equipment Replacement 200,000 - 200,000 - 116,211 83,789 Sub-Total 57,341,923 23,818 57,365,741 45,199,338 6,968,377 5,198,026 Maintenance of Buildings C1907 City Hall Hardening 100,000 - 100,000 - - 100,000 C1909 City Hall Move 383,085 - 383,085 379,722 2,000 1,363 ENGF180012 Public Works Complex 1,615,664 - 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 754,436 - 754,436 385,256 29,500 339,680 GSBM180002 Flooring for Facilities 1,127,837 - 1,127,837 493,281 17,438 617,119 GSBM180003 Roof Repair and Replacement 1,545,409 - 1,545,409 804,913 - 740,497 GSBM180004 Painting of Facilities 592,923 - 592,923 65,784 - 527,139 GSBM180005 Fencing of Facilities 143,170 - 143,170 73,199 - 69,970 GSBM180006 Light Replacement & Repair 378,197 - 378,197 225,636 - 152,560 GSBM180007 Elevator Refurbish/Modernization 560,576 - 560,576 11,118 1,072 548,386 GSBM180008 Building Systems 1,318,377 - 1,318,377 539,633 26,103 752,642 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Maintenance of Buildings-continued GSBM180009 New A/C Chiller System 4,350,000 - 4,350,000 1,720,109 27,750 2,602,140 GSBM180010 General Services R&R 325,000 - 325,000 146,911 - 178,089 GSBM180011 Generator Maintenance 550,000 - 550,000 - - 550,000 GSBM180012 General Facility Building Major Renovations 1,935,242 - 1,935,242 122,062 - 1,813,180 L1902 B&M Vehicle & Equipment 65,000 - 65,000 - 65,000 Sub-Total 15,744,916 - 15,744,916 4,969,548 103,863 10,671,504 Miscellaneous 94729 City-wide Connect Infra 3,923,089 - 3,923,089 3,299,436 - 623,653 94736 Geographic Information Sys 1,160,997 - 1,160,997 954,455 - 206,542 ENGF180010 Pollutant Storage Tank 379,408 - 379,408 21,615 8,630 349,164 ENGF180011 Environmental Assmt & Clean-up 663,636 - 663,636 24,769 6,309 632,558 L1908 Network Infra & Server R&R 1,343,191 - 1,343,191 916,489 91,885 334,817 M1912 Network Infra & Server Upgrade 121,048 27,178 148,226 50,736 2,173 95,316 11 L1907 IT Disaster Recovery 205,396 - 205,396 58,142 - 147,254 M1911 IT Disaster Recovery Equipment 100,000 - 100,000 - - 100,000 L1906 Telecommunications Upgrade 519,047 - 519,047 - - 519,047 94828 Financial Systems Upgrades 4,058,165 - 4,058,165 2,420,574 270,080 1,367,511 94829 CIS Upgrades / Replacement 1,097,376 - 1,097,376 428,583 - 668,793 94830 MS Licensing / Upgrades 1,100,000 - 1,100,000 842,601 16,201 241,198 94833 Computer Monitors 409,828 - 409,828 392,266 - 17,562 94850 Backfile Conversion of Records 500,000 - 500,000 187,660 - 312,340 94857 Accela Permitting & Code Enforce 300,000 - 300,000 158,889 - 141,111 94861 Library Technology 1,450,000 - 1,450,000 1,255,059 - 194,941 94873 Citywide Camera System 285,000 - 285,000 118,298 - 166,702 94874 City Enterprise Timekeeping System 310,000 - 310,000 182,082 5,620 122,298 94880 Granicus Agenda Management Sys 160,000 - 160,000 41,136 - 118,864 94883 Business Process Review & Improve 650,000 - 650,000 275,738 369 373,893 94888 City EOC & Disaster Recovery Facility 3,360,000 - 3,360,000 2,188,052 488,109 683,839 94890 Enterprise Advanced Audio Video R&R 1,063,000 (590,178) 472,822 472,822 - 0 C 12 ENGF180013 Imagine Clearwater 13,723,329 (1,482,007) 12,241,322 3,677,577 5,005,991 3,557,755 13 C2006 ADA Transition Plan 300,000 - 300,000 - - 300,000 M1914 Sustainability Initiatives 100,000 100,000 200,000 - - 200,000 14 M1915 Belmont Park Revitalization 130,000 206,612 336,612 - - 336,612 15 M2007 City E.O.C. & Disaster Recovery R&R 50,000 - 50,000 - - 50,000 Sub-Total 37,462,510 (1,738,395) 35,724,115 17,966,978 5,895,366 11,861,770 UTILITIES Stormwater Utility ENST180001 Stormwater System Impovements 10,301,097 - 10,301,097 1,881,811 233,900 8,185,386 ENST180002 Allen's Creek Improvement 2,816,271 - 2,816,271 479,196 2,192,514 144,560 ENST180003 Stormwater System Expansion 1,815,576 - 1,815,576 - - 1,815,576 ENST180004 Stevenson Creek 4,105,686 - 4,105,686 1,900 - 4,103,786 ENST180005 Coastal Basin Projects 3,868,285 761,133 4,629,418 818,828 59,377 3,751,213 16 ENST180006 Alligator Creek Watershed Projects 5,263,132 - 5,263,132 360,993 64,876 4,837,263 ENST180008 Hillcrest Bypass Culvert 4,096,167 - 4,096,167 2,461,323 1,315,560 319,284 ENST180009 East Gateway Improvements 3,519,273 (761,133) 2,758,140 2,758,140 - (0) C 17 ENST180010 Lower Spring Branch Improvement 2,320,000 - 2,320,000 151,602 157,442 2,010,956 C1908 Stormwater Vehicles & Equipment 2,875,500 - 2,875,500 1,310,374 1,123,022 442,104 Sub-Total 40,980,986 - 40,980,986 10,224,168 5,146,690 25,610,128 Water System 96721 System R & R - Maintenance 4,035,686 - 4,035,686 2,441,006 102,423 1,492,257 96722 Line Relocation - Maintenance 8,017,305 - 8,017,305 1,976,872 943,427 5,097,005 96739 Reclaimed Water Dist Sys 46,686,453 - 46,686,453 46,025,467 29,158 631,828 96740 Water Supply/Treatment 2,626,926 - 2,626,926 2,626,926 - 0 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Water System-continued 96742 Line Relocation-Capitalized 7,998,570 - 7,998,570 6,585,074 39,596 1,373,900 96744 System Expansion 3,343,743 - 3,343,743 2,981,001 - 362,742 96764 RO Plant Exp Res #1 14,659,408 - 14,659,408 12,828,355 24,610 1,806,444 M1908 RO Plant Exp Res #1 R&R 1,000,000 - 1,000,000 - - 1,000,000 96767 RO Plant at Res #2 43,092,939 - 43,092,939 41,102,066 1,537,048 453,825 M1909 RO Plant at Res #2 R&R 1,050,000 - 1,050,000 - - 1,050,000 96773 Groundwater Replenishment Facility 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 Reverse Osmosis Plant @WTP #3 1,510,000 - 1,510,000 218,585 - 1,291,415 96783 Water System Upgrades/Improvements 3,849,000 - 3,849,000 944,837 21,485 2,882,679 96784 Reclaimed Water Distribution System R&R 2,094,584 - 2,094,584 392,670 13,304 1,688,611 96785 Feasibility Studies/Evaluations - Water System 3,655,000 - 3,655,000 1,143,974 1,190,797 1,320,229 96786 Devices/Equipments - Water System 600,000 - 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 146,000 - 146,000 125,212 - 20,788 Sub-Total 165,265,732 - 165,265,732 125,294,532 3,901,847 36,069,353 Sewer System 96212 Sanitary Sewer Upgrades/Improvements 14,004,551 - 14,004,551 4,483,725 5,786,727 3,734,100 96213 Marshall Street Upgrades/Improvements 7,294,299 - 7,294,299 3,023,865 3,127,735 1,142,698 M1905 Marshall Street Plant R&R 2,900,000 - 2,900,000 22,523 20,958 2,856,519 96214 East Plant Upgrades/Improvements 2,700,000 - 2,700,000 317,641 101,742 2,280,617 M1907 East Plant R&R 2,570,000 - 2,570,000 - - 2,570,000 96215 Northeast Plant Upgrades/Improvements 17,042,600 - 17,042,600 1,222,806 442,052 15,377,742 M1906 Northeast Plant R&R 1,219,313 - 1,219,313 233,634 - 985,679 96216 Laboratory Upgrade/Improvements 1,155,079 - 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 - 1,950,192 506,235 32,187 1,411,770 96219 Devices/Equipment Sewer Division 446,274 - 446,274 300,898 - 145,376 96630 Sanitary Sewer Extension 15,778,410 - 15,778,410 13,509,880 362,343 1,906,187 96634 Sanitary Util Reloc Accmmdtn 6,477,352 - 6,477,352 4,500,495 190,214 1,786,643 96645 Laboratory Upgrade & R&R 1,803,627 - 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 15,646,911 - 15,646,911 14,261,178 261,491 1,124,241 96664 Water Pollution Control R & R 28,375,864 - 28,375,864 16,909,810 1,075,537 10,390,517 96665 Sanitary Sewer R&R 41,827,082 - 41,827,082 25,984,026 10,068,794 5,774,262 96686 Pump Station Replacement 6,832,682 - 6,832,682 4,355,961 250,964 2,225,756 L1903 Generators - Sewer Fund 420,000 - 420,000 404,250 - 15,750 L1904 Additional Vehicle and Equip-Sewer 551,000 - 551,000 313,971 209,975 27,054 M1910 Water Treatment Plant #3 R&R 318,851 - 318,851 - - 318,851 M2008 Additional Vehicles and Equip-Sewer 26,000 - 26,000 - - 26,000 Sub-Total 169,340,086 - 169,340,086 92,146,693 21,933,409 55,259,984 Gas System 96358 Environmental Remediation 2,384,794 (250,000) 2,134,794 1,760,301 38,068 336,425 18 96365 Line Relocation-Pinellas Maint 756,106 - 756,106 516,773 71,382 167,952 96367 Gas Meter Change Out-Pinellas 3,863,000 - 3,863,000 3,730,691 - 132,309 96374 Line Relocation-Pinellas Capitalized 2,432,890 - 2,432,890 2,312,772 14,000 106,118 96376 Line Relocation - Pasco Maint 283,593 - 283,593 133,159 - 150,434 96377 Pinellas New Main / Service Lines 33,051,118 - 33,051,118 32,083,691 - 967,428 96378 Pasco New Mains / Service Lines 20,364,858 - 20,364,858 18,161,984 34,385 2,168,489 96379 Pasco Gas Meter Change Out 892,821 - 892,821 768,937 - 123,884 96381 Line Reloc-Pasco-Capitalized 887,386 - 887,386 412,380 53,724 421,283 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 21,652,990 4,487,817 2,714,248 96385 Gas Main Extensions 1,557,845 - 1,557,845 1,445,195 - 112,650 96386 Expanded Energy Conservation 11,591,479 - 11,591,479 9,871,328 - 1,720,151 96387 Natural Gas Vehicle 5,731,069 750,000 6,481,069 4,659,771 20,000 1,801,298 19 96389 Future IMS Software & Hardware 450,000 - 450,000 318,776 8,272 122,952 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Budget Revised Project Open Available Amend Description 10/1/19 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Gas System-continued 96390 Gas Vehicle Additions 473,294 - 473,294 428,294 45,000 (0) 96391 Gas System Pasco Building 700,000 (500,000) 200,000 - - 200,000 20 96392 Gas Equipment Additions 189,278 - 189,278 189,278 - 0 M1904 Pinellas Building Equipment R&R 400,000 - 400,000 - - 400,000 Sub-Total 115,856,586 - 115,856,586 99,302,585 4,772,648 11,781,354 Solid Waste 96426 Facility R & R 2,777,608 - 2,777,608 1,716,784 - 1,060,824 96443 Res Container Acquisition-II 2,101,741 - 2,101,741 1,510,768 - 590,973 96444 Comm Container Acquisition-II 4,380,020 (184,600) 4,195,420 3,537,857 - 657,563 21 96445 Solar Trash & Recycling Kiosks 314,414 - 314,414 239,182 - 75,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 - 19,650,130 16,951,414 2,060,254 638,462 96448 Solid Waste CNG Station 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 - 555,500 - - 555,500 C2005 Underground Refuse Program - 1,570,090 1,570,090 12,908 1,346,995 210,187 22 Sub-Total 29,929,413 1,385,490 31,314,903 23,968,915 3,407,249 3,938,740 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 - 858,828 738,818 - 120,009 96526 Public Utility Admin Building 804,306 - 804,306 - - 804,306 Sub-Total 1,663,134 - 1,663,134 738,818 - 924,315 Recycling 96804 Recycling Carts/Dumpsters 1,306,650 - 1,306,650 841,200 - 465,450 96805 Recycling Expansion/Particip/R&R 1,321,525 - 1,321,525 1,184,376 - 137,149 96811 Purchase of Transfer Tractors 408,000 - 408,000 395,983 - 12,017 SR00180003 Processing Center Building Replacement 3,862,633 - 3,862,633 4,025 3,858,607 Sub-Total 6,898,808 - 6,898,808 2,425,584 - 4,473,224 TOTAL ALL PROJECTS 808,795,246 1,034,201 809,829,446 508,148,295 61,930,069 239,751,083 28 Special Program Fund First Quarter Budget Amendments October 1, 2019 - December 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 57,200 To record a budget increase of $57,200.00 in fine revenues to bring the program budget in line with receipts to date.57,200 General Government Totals:57,200 - 57,200 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 15,000 To record a budget increase of $15,000.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.15,000 Hurricane Irma 3 98610 73,844 To record a budget increase of $73,843.96 in Federal and State Irma reimbursements to bring the budget in line with actual receipts.73,844 Police Extra Duty 4 99215 415,911 (36,958) To record a budget increase of $415,911.00 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $36,957.50 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 378,954 Federal Forfeiture Treasury 5 99281 1,635 To record a budget increase of $1,635.23 in interest earnings which will bring the budget in line with actual receipts.1,635 Police Education Fund 6 99317 14,899 To record a budget increase of $14,899.16 in police education fine revenue which will bring the budget in line with actual receipts.14,899 Investigative Cost Recovery 7 99329 86,695 To record a net budget increase of $86,694.57 which will bring the budget in line with actual receipts.Amendments include an increase of $49,016.68 in grant revenues;a decrease of $18,923.21 in overtime reimbursement revenues (due to incorrect coding in prior period);an increase of $56,571.96 in fines,forfeitures and penalties revenue;and an increase of $29.14 in miscellaneous revenue.86,695 29 Special Program Fund First Quarter Budget Amendments October 1, 2019 - December 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Florida Contraband Forfeiture Fund 8 99330 91,177 (177,379) To record a budget increase of $81,468.29 fines,forfeitures and penalties revenue,and an increase of $9,708.63 in interest earnings which will bring the budget in line with actual receipts. To record budget transfers of fines,forfeitures and penalties revenue of $75,143.64 to 99356,Safe Neighborhood Program, and $102,235 to P1801, School Resource Officers.(86,202) Vehicle Replacement 9 99350 36,958 To record a transfer of $36,957.50 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 36,958 Safe Neighborhood Program 10 99356 75,144 To record a budget transfer of $75,143.64 in fines, forfeitures, and penalties revenue from program 99330,Florida Contraband Forfeiture Fund.75,144 Crime Prevention Program 11 99364 4,890 To record a budget increase of $4,890.20 in donation revenues which will bring the budget in line with actual receipts.4,890 Federal Forfeiture Sharing 12 99387 49,497 To record a budget increase of $34,229.38 in US Department of Justice revenue,and an increase of $15,267.86 in interest earnings which will bring the budget in line with actual receipts.49,497 Emergency Operations 13 99927 173,934 To record a budget increase of $173,933.94 in FEMA reimbursements for Tropical Storm Hermine and Debby.173,934 FY19 Pedestrian Safety Grant - CLOSE PROGRAM 14 G1804 (238) To record a budget decrease of $237.80 in grant revenues to bring the budget in line with actual revenues and expenditures.This program is complete and will be closed.(238) FY20 Pedestrian Safety Grant - NEW PROGRAM 15 G2003 80,000 To establish the program and record a budget increase of $40,000.00 in grant revenues from the University of North Florida to fund the fiscal year 2019/20 Pedestrian and Bicycle Safety Grant as approved by Council on October 3,2019.Amendments also include an increase of $40,000.00 for additional funding for this program awarded from the grantor as approved by the Council on February 20, 2020.80,000 30 Special Program Fund First Quarter Budget Amendments October 1, 2019 - December 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) School Resource Officers 16 P1801 368,535 102,235 To record a budget increase of $356,874.00 in governmental revenue from the Pinellas County School Board (PCSB),and a transfer of $102,235.00 in fines,forfeiture and penalties revenue from 99330,Florida Contraband Forfeiture Fund to provide funding for School Resource Officers (SRO)for the 2019/2020 school year as approved by the council on June 21,2018. Amendments also include an increase of $11,660.77 in governmental revenue from PCSB for SRO extra duty.470,770 Public Safety Program Totals:1,375,779 - 1,375,779 Physical Environment Programs Tree Replacement Program 17 99970 311,217 To record a budget increase of $311,217.00 in fines forfeiture and penalties revenue to bring the budget in line with actual receipts.311,217 Physical Environment Programs Program: Totals:311,217 - 311,217 Economic Environment Programs Affordable Housing Impact Fees - CLOSE PROGRAM 18 99538 6,260 To record a budget increase of $6,259.76 recognizing interest earnings from fiscal year 2019.6,260 Infill Housing 2018 - CLOSE PROGRAM 19 99767 (13,847) To record a budget transfer of $13,846.70 in Community Development Block Grant revenues to G2004,Public Facilities 2020. This program will be closed.(13,847) Public Services 2018 - CLOSE PROGRAM 20 99768 (12,740) To record a budget transfer of $12,740.16 in Community Development Block Grant revenues to G2004,Public Facilities 2020. This program will be closed.(12,740) Brownfield Revolving Loan 21 99802 10,135 To record a budget increase of $10,134.99 in interest earnings which will bring the budget in line with actual receipts.10,135 Economic Development 2019 - CLOSE PROGRAM 22 G1903 (80,000) To record a budget transfer of $80,000.00 in Community Development Block Grant revenues to G2004,Public Facilities 2020. This program will be closed.(80,000) 31 Special Program Fund First Quarter Budget Amendments October 1, 2019 - December 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs (continued) Infill Housing 2019 - CLOSE PROGRAM 23 G1905 (119,938) To record a budget transfer of $119,938.29 in Community Development Block Grant revenues to G2004,Public Facilities 2020. This program will be closed.(119,938) Public Services 2019 - CLOSE PROGRAM 24 G1906 (3,897) To record a budget transfer of $3,896.74 in Community Development Block Grant revenues to G2004,Public Facilities 2020. This program will be closed.(3,897) Public Facilities 2020 25 G2004 230,422 To record budget transfers of Community Development Block Grant revenues from the following closed programs:$13,846.70 from 99767,Infill Housing 2019;$12,740.16 from 99768,Public Services 2018;$80,000.00 from G1903,Economic Development 2019;$119,938.29 from G1905,Infill Housing 2019;and $3,896.74 from G1906, Public Services 2019.230,422 Public Services 2020 26 G2008 3 To record a budget increase of $3.00 in Community Development Block Grant revenues to bring the program budget in line with the final approved annual action plan.3 27 M2009 290,853 To record a budget increase of $290,852.97 representing unspent revenues transferred from 99538,Economic Development Incentive program which is being closed. 290,853 Economic Environment Program Totals:307,251 - 307,251 Human Services Programs Coordinated Child Care 28 99872 453,032 To record a budget increase of $453,032.00 in governmental revenue from the Juvenile Welfare Board (JWB)for fiscal year 2019/20 youth programs as approved by the Council on September 19, 2019.453,032 Human Services Program: Totals:453,032 - 453,032 Affordable Housing & Community Development - NEW PROGRAM 32 Special Program Fund First Quarter Budget Amendments October 1, 2019 - December 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Culture and Recreation Programs Library Special Account 29 99910 15,491 To record a budget increase of $15,491.19 in donation revenue to bring the budget in line with actual receipts.15,491 Special Events 30 PRSE190001 207,652 To record a net budget increase of $207,652.18;representing increases of $19,245.80 in rental income,$26,650.00 in sponsorship revenue,$146,665.88 in sales revenues,and $15,090.50 in reimbursements which will bring the budget in line with actual receipts to date. 207,652 Culture and Recreation Program Total:223,143 - 223,143 2,727,622 - 2,727,622 Interfund Transfers 2016 Clearwater Ferry - CLOSE PROGRAM 98604 9,199 To record a transfer of $9,198.96 of unspent revenue back to the General Fund.This will provide most of the fiscal year 2020 annual contribution to the Marine Fund for the use of slips 149 and 150 which were taken out of service for the Clearwater Ferry beach landing as approved by the Council November 15, 2018. Economic Development Incentive - CLOSE PROGRAM 99538 290,853 To record a transfer of $290,852.97 of unspent revenues to new program M2009,Affordable Housing &Community Development Program. This program will be closed. ULI Report Implementation - CLOSE PROGRAM 99888 117,993 To record a transfer of $117,993.36 of unspent General Fund revenues back to the General Fund.This will provide funding for the new capital project ENGF200002,Memorial Causeway Lighting,as approved by the council on December 5,2019.This program will be closed. Total Interfund Transfers:418,045 Total Budget Increase/(Decrease): 33 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 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 266,759 - 266,759 170,691 7,500 88,568 M1913 Lien Foreclosure Program 255,553 57,200 312,753 136,339 - 176,415 1 Sub-Total 2,416,073 57,200 2,473,273 1,902,428 7,500 563,345 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 97,900 15,000 112,900 21,513 - 91,388 2 98610 Hurricane Irma 1,511,864 73,844 1,585,708 2,703,503 2,615 (1,120,411) 3 99215 Police Extra Duty 3,323,638 378,954 3,702,591 3,392,448 - 310,143 4 99241 Human Trafficking Overtime 87,000 - 87,000 70,954 - 16,046 99279 Police Recruitments 171,010 - 171,010 66,906 - 104,104 99281 Fed Forfeitures - Treasury 194,515 1,635 196,150 120,171 - 75,980 5 99316 Police Volunteers 153,519 - 153,519 141,332 - 12,187 99317 Police Education Fund 1,363,042 14,899 1,377,941 1,304,567 - 73,374 6 99329 Investigative Recovery Costs 2,602,600 86,695 2,689,295 2,272,686 43,660 372,949 7 99330 FL Contraband Forfeiture Fnd 1,028,533 (86,202) 942,332 757,266 - 185,065 8 99350 Vehicle Replacement Fund 398,195 36,958 435,152 252,888 38,878 143,386 9 99356 Safe Neighborhood Program 1,216,702 75,144 1,291,846 1,163,248 25,447 103,150 10 99364 Crime Prevention Program 161,284 4,890 166,174 133,983 - 32,191 11 99387 Federal Forfeiture Sharing 2,477,549 49,497 2,527,046 1,808,562 33,033 685,451 12 99927 Emergency Operations 4,144,887 173,934 4,318,821 3,042,681 2,000 1,274,140 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 (238) 49,762 49,762 - - 14 G2003 2020 HVE Ped & Bicycle Safety - 80,000 80,000 20,514 - 59,486 15 P1801 School Resource Officers 599,965 470,770 1,070,735 603,251 - 467,484 16 Sub-Total 19,698,880 1,375,779 21,074,659 18,014,300 145,634 2,914,726 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,599,914 311,217 1,911,131 916,177 15,575 979,379 17 Sub-Total 1,599,914 311,217 1,911,131 916,177 15,575 979,379 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 - 519,120 519,120 - - C Sub-Total 519,120 - 519,120 519,120 - - ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 447,612 6,260 453,872 453,872 - 0 C 18 99729 Joint Hercules Pln & Econ Study 150,000 - 150,000 - - 150,000 99764 Public Facilities 2018 448,919 - 448,919 250,419 193,234 5,266 99767 Infill Housing 2018 74,746 (13,847) 60,899 60,899 - 0 C 19 99768 Public Services 2018 106,725 (12,740) 93,985 93,985 - - C 20 99802 Brownfield Revolving Loan 1,206,597 10,135 1,216,732 420,381 796,351 21 99846 Economic Development - QTI 153,649 - 153,649 71,591 - 82,058 99871 State Brownfields Redevelopment Acct 165,463 - 165,463 165,463 - 0 C 99888 ULI Report Implementation 875,000 - 875,000 875,000 - - C G1902 Public Facilities 2019 332,954 - 332,954 157,126 166,954 8,874 G1903 Economic Development 2019 135,000 (80,000) 55,000 55,000 - - 22 G1904 Program Administration 2019 186,188 - 186,188 148,188 - 38,000 G1905 Infill Housing 2019 282,297 (119,938) 162,359 162,359 - 0 23 G1906 Public Services 2019 111,140 (3,897) 107,243 107,243 - - 24 G2004 Public Facilities 2020 113,938 230,422 344,360 - 99,000 245,360 25 G2005 Economic Development 2020 188,039 - 188,039 - 60,000 128,039 G2006 Program Administration 2020 261,309 - 261,309 - - 261,309 34 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2019 - DECEMBER 31, 2019 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) G2007 Infill Housing 2020 86,154 - 86,154 - - 86,154 G2008 Public Services 2020 114,600 3 114,603 - 114,603 - 26 M2009 Afford Housing & Comm Development - 290,853 290,853 - - 290,853 27 Sub-Total 5,440,332 307,251 5,747,582 3,021,526 633,791 2,092,265 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 - 10,000 6,544 - 3,456 98606 Senior Citizens Services - EBWP 24,960 - 24,960 24,960 - - C 98607 Senior Citizens Services - Trips 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 13,580 - 13,580 10,847 - 2,733 99869 Health Prevention Program 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 453,032 3,171,577 2,104,339 5,100 1,062,138 28 Sub-Total 3,006,354 453,032 3,459,386 2,361,167 5,100 1,093,119 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 - - 106,077 99910 Library Special Account 856,908 15,491 872,399 836,420 - 35,980 29 G1907 Clearwater for Youth Grants 18,000 - 18,000 6,819 - 11,181 PRSE190001 Special Events 1,737,345 207,652 1,944,997 1,508,218 16,341 420,439 30 Sub-Total 2,718,330 223,143 2,941,473 2,351,456 16,341 573,676 TOTAL ALL PROJECTS 35,399,003 2,727,622 38,126,625 29,086,174 823,940 8,216,510 35 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2019/20 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at first quarter . -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at first quarter. -$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2019 - December 31, 2019 Mid Year: October 1, 2019 - March 31, 2020 Original First Quarter Budget Amended Budget 2019/20 2019/20 Amendments Revenues: Ad Valorem Taxes 3,247,290 3,247,290 - Infrastructure Tax 11,763,080 11,763,080 - Interest Earnings 550,000 550,000 - Multi-Modal Impact Fees 150,000 150,000 - Local Option Gas Tax 1,516,150 1,516,150 - Allocation of Assigned Fund Balance 2,057,170 2,057,170 - 19,283,690 19,283,690 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,247,290 3,247,290 - Infrastructure Tax 13,820,250 13,820,250 - Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,427,120 1,427,120 - 18,634,660 18,634,660 - SPECIAL DEVELOPMENT FUND 37 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2019 - December 31, 2019 Mid Year: October 1, 2019 - March 31, 2020 Original First Quarter Budget Amended Budget 2019/20 2019/20 Amendments Revenues: CDBG/Home Funds 764,040 764,040 - Interest Earnings 100,000 143,006 43,006 Intergovernmental Revenue - 1,232,356 1,232,356 Charges for Service Revenue - 457,913 457,913 Judgments, Fines and Forfeit Revenue - 521,356 521,356 Miscellaneous Revenue - 472,991 472,991 Transfers from General Fund: Sister City Program 37,380 37,380 - United Way Campaign Fund 1,500 1,500 - Special Events 349,730 349,730 - Economic Development QTI 13,230 13,230 - Police Recruitments 30,000 30,000 - 1,295,880 4,023,502 2,727,622 Expenditures: General Government 37,380 94,580 57,200 Public Safety 30,000 1,405,779 1,375,779 Physical Environment - 311,217 311,217 Transportation - - - Economic Environment 516,960 824,211 307,251 Human Services 1,500 454,532 453,032 Culture and Recreation 349,730 572,873 223,143 Interfund Transfers 260,310 260,310 - Transfer to Capital Fund - - - 1,195,880 3,923,502 2,727,622 Revenues: HOME Investment Partnerships 383,980 383,980 - State Housing Initiatives Partnerships 262,000 262,000 - Total - HOME/SHIP Funds 645,980 645,980 - Expenditures: Economic Environment 551,380 551,380 - Interfund Transfers 94,600 94,600 - Total - HOME/SHIP Programs 645,980 645,980 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS SPECIAL PROGRAM FUND 38 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2019/20 39 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. ***** 09/16/19 Administrative Change Order #1 – Solid Waste Transfer Station (15-0007- SW). This change order decreases owner direct purchased items for sales tax savings resulting in a net decrease to the contract. Kokolakis Contracting (1,062,684.96) 10/04/19 Administrative Change Order #4 & Final – East Gateway Stormwater & Sanitary Sewer Improvements (13-0043-EN). This change order decreases, increases and adds items in accordance with field conditions to close the contract resulting in a net decrease. Davis Nelson Construction, Co. (1,205,857.30) 10/23/19 Administrative Change Order #1 & Final – Reclaim Booster Pump Station Chlorine Feed System Improvements (16-0001-UT). This change order decreases and increases items in accordance with field conditions and to close the contract resulting in a net decrease. Kloote Contracting, Inc. (42,312.10) 10/24/19 Administrative Change Order #2 & Final – Marshall St WRF MCC9 Electrical Systems Upgrade (16-0033-UT). This change order decreases and increases items due to unforeseen electrical conditions and to close the contract resulting in a net decrease. B.L. Smith Electrical, Inc. (99,452.88) 10/30/19 Administrative Change Order #1 & Final – Emergency Operations Data Center at Fire Station 48 (17-0013-FI). This change order decreases and increases items for owner direct purchased items for sales tax savings and according to field conditions to close the contract resulting in a net decrease. Biltmore Construction, Co. Inc. (244,955.17) ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2019/20 40 12/11/19 Administrative Change Order #1 & Final – Marshall St and Northeast WRF Alum Feed System Improvements (16-0012-UT). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease. Odyssey Manufacturing, Co. (17,552) 12/17/19 Administrative Change Order #1 & Final – Emergency Operations Data Center at Fire Station 48 (17-0013-FI). This change order increases items for 3-Way Manual Transfer System for safety precautions resulting in an increase to the contract. Biltmore Construction, Co. Inc. 13,252 12/18/19 Administrative Change Order #1 – 2018 Sewer Point Repair & Improvements Section D Manhole Surfacing Polyurethane (17-0060-UT). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Engineered Spray Solutions, LLC. 40,000 01/10/20 Administrative Change Order #1 & Final – Marshsall WRF Digester Demolition (09-0024-UT). This change order decreases the contract due to cancellation. GHD Services, Inc. (879,964.40) 02/03/20 Administrative Change Order #2 & Final – Seminole St Boat Ramp/North Marina District Improvements (16-0020-PL). This change order decreases, increases and adds items to close the contract resulting in a net decrease. David Nelson Construction, Co. (54,922.66) Ordinance No. 9385-20 ORDINANCE NO. 9385-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, STROMWATER FUND, GAS FUND, SOLID WASTE AND RECYCLING FUND, AIRPARK 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, 2020, for operating purposes, including debt service, was adopted by Ordinance No. 9323-19; and WHEREAS, at the first quarter review it was found that an increase of $3,216,682 is necessary for revenues and an increase of $3,892,020 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. 9323-19 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2019 and ending September 30, 2020 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 2019/20 2019/20 2019/20 2019/20 Amendments General Fund: Ad Valorem Taxes 64,911,420 64,911,420 64,911,420 - Utility Taxes 15,575,000 15,575,000 15,575,000 - Local Option, Fuel & Other Taxes 6,614,400 6,614,400 6,614,400 - Franchise Fees 10,010,000 10,010,000 10,010,000 - Other Permits & Fees 2,739,000 2,739,000 2,739,000 - Intergovernmental Revenues 23,499,780 23,499,780 23,499,780 - Charges for Services 15,569,430 15,569,430 15,569,430 - Judgments, Fines & Forfeitures 1,264,000 1,264,000 1,264,000 - Miscellaneous Revenues 2,748,000 2,748,000 2,779,819 31,819 Transfers In 11,330,850 11,330,850 11,427,033 96,183 Other Financing Sources - - - - Transfer (to) from Reserves - (2,268,680) (2,268,680) (2,268,680) - Total, General Fund 154,261,880 (2,268,680) 151,993,200 152,121,202 128,002 Special Revenue Funds: Special Development Fund 17,226,520 - 17,226,520 17,226,520 - Special Program Fund 1,295,880 - 1,295,880 4,023,502 2,727,622 Local Housing Asst Trust Fund 645,980 - 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 92,641,120 8,266,020 100,907,140 100,907,140 - Stormwater Utility Fund 17,761,900 5,059,440 22,821,340 22,821,652 312 Solid Waste & Recycling Fund 26,920,400 - 26,920,400 27,280,342 359,942 Gas Fund 47,762,130 - 47,762,130 47,762,130 - Airpark Fund 342,680 - 342,680 342,680 - Marine Fund 5,164,400 - 5,164,400 5,164,400 - Clearwater Harbor Marina 885,820 - 885,820 885,820 - Parking Fund 6,936,140 - 6,936,140 6,936,307 167 Internal Service Funds: Administrative Services Fund 12,996,930 - 12,996,930 12,997,139 209 General Services Fund 6,235,250 - 6,235,250 6,235,456 206 Garage Fund 20,664,770 124,030 20,788,800 20,789,022 222 Central Insurance Fund 26,209,300 - 26,209,300 26,209,300 - Total, All Funds 437,951,100 11,180,810 449,131,910 452,348,592 3,216,682 EXHIBIT A 2019-20 BUDGET REVENUE Ordinance #9385-20 First Quarter Original Amended Budget Budget 2019/20 2019/20 Amendments General Fund: City Council 391,040 391,040 - City Manager's Office 1,212,580 1,212,631 51 City Attorney's Office 1,770,760 1,770,829 69 City Auditor's Office 226,000 226,012 12 CRA Administration 459,530 459,557 27 Economic Development & Housing Svc 1,907,560 1,907,626 66 Engineering 8,330,520 8,330,862 342 Finance 2,747,190 2,747,367 177 Fire 28,532,540 28,532,540 - Human Resources 1,575,860 1,575,860 - Library 7,871,950 7,871,950 - Non-Departmental 10,948,640 11,075,832 127,192 Official Records & Legislative Svcs 1,224,070 1,224,070 - Parks & Recreation 31,807,990 31,807,990 - Planning & Development 6,571,820 6,571,820 - Police 44,832,880 44,832,880 - Public Communications 1,192,620 1,192,686 66 Public Utilities 389,650 389,650 - Total, General Fund 151,993,200 152,121,202 128,002 Special Revenue Funds: Special Development Fund 18,634,660 18,634,660 - Special Program Fund 1,195,880 3,923,502 2,727,622 Local Housing Asst Trust Fund 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,907,140 100,907,140 - Stormwater Utility Fund 22,821,340 22,821,652 312 Solid Waste & Recycling Fund 26,439,080 27,280,342 841,262 Gas Fund 46,922,560 46,922,560 - Airpark Fund 280,690 284,583 3,893 Marine Fund 5,058,860 5,058,860 - Clearwater Harbor Marina 821,500 821,500 - Parking Fund 6,044,620 6,234,912 190,292 Internal Service Funds: Administrative Services Fund 12,765,760 12,765,969 209 General Services Fund 6,155,950 6,156,156 206 Garage Fund 20,788,800 20,789,022 222 Central Insurance Fund 25,590,100 25,590,100 - Total, All Funds 447,066,120 450,958,140 3,892,020 EXHIBIT A (Continued) 2019-20 BUDGET EXPENDITURES Ordinance #9385-20 ORDINANCE NO. 9386-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, TO REFLECT A NET INCREASE OF $1,034,201 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2020 was adopted by Ordinance No. 9324-19; 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. 9324-19 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020, 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 2019/20 First Qtr. Original Amended Budget Budget 2019/20 2019/20 Amendments Police Protection 1,075,000 1,075,000 - Fire Protection 2,141,000 2,141,000 - Major Street and Sidewalk Maintenance 5,279,260 4,972,887 (306,373) Intersections 315,400 365,594 50,194 Parking 724,000 724,000 - Miscellaneous Engineering 8,091,500 9,691,500 1,600,000 Park Development 6,484,000 6,484,000 - Marine Facilities 1,005,000 1,005,000 - Airpark Facilities 25,000 44,467 19,467 Libraries 193,080 193,080 - Garage 9,022,300 9,046,118 23,818 Maintenance of Buildings 3,225,000 3,225,000 - Miscellaneous 1,785,000 46,605 (1,738,395) Stormwater Utility 6,179,400 6,179,400 - Gas System 7,045,000 7,045,000 - Solid Waste & Recycling 600,000 1,985,490 1,385,490 Utilities Miscellaneous 620,000 620,000 - Sewer System 33,765,160 33,765,160 - Water System 7,553,070 7,553,070 - TOTAL PROJECT EXPENDITURES 95,128,170 96,162,371 1,034,201 GENERAL SOURCES: General Operating Revenue 10,750,580 10,868,573 117,993 Penny for Pinellas 13,820,250 13,820,250 - Road Millage 3,247,290 3,247,290 - Local Option Gas Tax 1,427,120 1,427,120 - Other Governmental 2,747,740 2,813,165 65,425 Multi-Modal Impact Fee 140,000 140,000 - Donations 50,000 50,000 - Grants - 581 581 Ordinance # 9386-20 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20 First Qtr. Original Amended Budget Budget 2019/20 2019/20 Amendments SELF SUPPORTING FUNDS: Parking Revenue 774,000 774,000 - Marine Revenue 355,000 355,000 - Clearwater Harbor Marina Revenue 140,000 140,000 - Airpark Revenue 25,000 28,893 3,893 Water Revenue 4,405,000 4,405,000 - Sewer Revenue 22,261,750 22,261,750 - Utility R&R 9,248,000 9,248,000 - Water Impact Fees 298,070 298,070 - Sewer Impact Fees 666,670 666,670 - Stormwater Utility Revenue 6,179,400 6,179,400 - Gas Revenue 7,000,000 7,000,000 - Solid Waste Revenue 500,000 1,341,262 841,262 Recycling Revenue 100,000 100,000 - INTERNAL SERVICE FUNDS: Garage Revenue 559,300 559,300 - General Services Revenue 75,000 75,000 - Administrative Services Revenue 825,000 262,000 (563,000) Central Insurance Revenue 125,000 125,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 141,000 164,818 23,818 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 311,000 311,000 - Lease Purchase - Gas 45,000 45,000 - Lease Purchase - Solid Waste/Recycling - 544,228 544,228 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 8,321,000 8,321,000 - Lease Purchase - Administrative Services 590,000 590,000 - TOTAL ALL FUNDING SOURCES:95,128,170 96,162,371 1,034,201 Ordinance # 9386-20 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7596 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the purchase of Excess property insurance, including Bridges, Boiler and Machinery and Terrorism coverages, from April 1, 2020 through April 1, 2021, at the level of insurance provided for in this agenda item, at an amount not to exceed $2,800,000 and at the property rate of $0.347 per $100 of values through April 1, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division requested Arthur J. Gallagher and Co. to obtain quotes for the property insurance program expiring April 1, 2020. After a review of quotes received, staff requests renewal of the current coverage with Berkshire Hathaway Insurance Group with a layer of coverage limits composed of various carriers. As a result of recent appraisals on city structures, which resulted in a 17% increase in values, the current market conditions, and our incumbent carrier AIG offering to renew our policy at a premium which was not competitive to the market, staff had no choice but to seek other carriers to provide this coverage. With the proposed renewal with Berkshire Hathaway and additional carriers, the Windstorm or Hail coverage remains at $100 million. Staff increased the flood insurance from $60 million to $75 million on an aggregate basis and the Boiler and Machinery Coverage from $100 to $200 million. The self-insured retention (SIR) will remain at $100,000 per occurrence, with a 5% SIR for named storms with no maximum deductible versus a maximum deductible of $5 million in place last year. The City insures three city bridges on a stand-alone policy through Zurich: Sand Key Bridge, Mandalay Channel pedestrian bridge and the McMullen Booth pedestrian overpass. This policy has a self-insured retention (SIR) of $100,000 per occurrence, with a $500,000 SIR for named storms, and provides an additional $47 million of aggregate windstorm/flood/terrorism capacity which would otherwise be applied to the $100 million limit for the City's property insurance program. This program was renewed in 2019, and incorporates a three-year rate guarantee, which will expire during our 2022 policy year. This is the second year of the rate guarantee agreement. Our premium for the 2020-21 renewal term is $58,347 and includes an increase in bridge values of 5%. The requested renewal maintains our current coverage for “Terrorism - Property & Liability” coverage limits at $25 million for property damage and $10 million for liability for a premium of $22,000. The program also provides Nuclear, Biological, Chemical & Radioactive Terrorism coverage with limits of $3 million, for a premium of $25,750. Page 1 City of Clearwater Printed on 3/13/2020 File Number: ID#20-7596 Total premiums for this renewal are estimated to be $2,730,002, which represents an increase of 56% from last year's premium. This result is attributed to the trending increase of our property values by 17% due to recent appraisals being completed; being insulated from marketplace increases over the past 3 years since our expiring program locked the City into a flat rate; and our incumbent carrier offering a non-competitive renewal premium. Staff recommends adding a contingency for a not-to-exceed total of $2,800,000. Risk Management believes these recommended coverages will continue to cover the City's property risks at levels and rates which represent a reasonable insurance program for the City. APPROPRIATION CODE AND AMOUNT: 5907590-545100 Amount of $2,800,000 Page 2 City of Clearwater Printed on 3/13/2020 Line of Coverage Current Request Prior Year Increase/ (Decrease)% Change Property 2,558,164$ 1,606,026$ 952,138$ 59% Inland Marine - Bridges 58,347$ 56,922$ 1,425$ 3% Property & Liabiliity - Terrorism 22,000$ 19,500$ 2,500$ 13% Terrorism Standalone - NCBR 25,750$ 22,074$ 3,676$ 17% Equipment Breakdown / Boiler & Machinery 65,741$ 51,093$ 14,648$ 29% Contingency 69,998$ 44,385$ 25,613$ 58% Total Not-to-Exceed per agenda item 2,800,000$ 1,800,000$ 1,000,000$ 56% April 1, 2020 Excess Property Insurance including Bridges, Boiler & Machinery, and Terrorism Coverages Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7595 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to Fastenal Company, for citywide Facility MRO (Maintenance, Repair and Operations) Industrial and Building Supplies with related Equipment, Accessories, Supplies and Vending Services, in the amount not to exceed $1,230,000 for the period of April 1, 2020 through January 25, 2023, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract will provide a reliable source for industrial supplies and equipment used by Public Utilities, Stormwater Maintenance Division, Clearwater Gas System, Parks & Recreation and General Services to repair and maintain their facilities and equipment. The items available include a wide variety of repair and maintenance equipment and supplies including electrical, plumbing, janitorial supplies, electrical hand tools, hardware, safety equipment and supplies, lighting etc. Items will be available to departments by industrial vending machines located at department sites or at on-site locations at Fastenal stores. This contract will allow the City to benefit from pre-negotiated prices and discounts for various items as required. Piggyback Contract: Sourcewell Contract #121218-FAS - expires January 25, 2023. Public Utilities- $450,000 Stormwater Maintenance-$150,000 Clearwater Gas System- $60,000 Parks & Recreation- $420,000 General Services - $150,000 APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 will come from various Operating cost centers. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits Page 1 City of Clearwater Printed on 3/13/2020 SOURCEWELL CONTRACT #121218-FAS DISCOUNT SCHEDULE FOR CATALOG ITEMS Contract Pricing Use Only Work Paper Identification: 3608 - Sourcewell - J022119M CATEGORY DISCOUNT Abrasives 25% Adhesives, Sealants, and Tape 25% Cutting Tools & Metalworking 25% Electrical 25% Electronics and Batteries 25% Fasteners 50% Fleet and Automotive 25% HVAC and Refrigeration 25% -Filters 35% Hardware 30% Hydraulics 25% Janitorial and Cleaning 25% -Restroom Supplies 40% -Trash Cans and Liners 35% -Wipers, Towels, and Rags 40% Lighting 30% Lubricants, Coolants and Fluids 25% Machinery 25% Material Handling, Lifting and Rigging 25% -Chain and Accessories 30% -Cranes, Trolleys and Accessories 30% -Hoists and Pullers 30% -Jacks 30% -Rigging Hardware 30% -Rope and Rope Accessories 30% -Slings and Accessories 30% -Wire Rope and Accessories 30% Motors 30% Outdoor Products and Equipment 25% Packaging and Shipping Products 25% Paint and Painting Supplies 25% Plumbing 30% Pneumatics 25% Power Transmission 25% Pumps 20% Raw Materials 20% Safety 25% -Hand and Arm Protection 32% Security 25% Test and Measurement 25% Tools and Equipment 25% -Corded Power Tools 20% -Cordless Power Tools 20% Welding 25% FH5451963 Sourcewell Discount Schedule • 4.19 JP Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7597 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order in the amount of $120,000 with Long and Associates, Inc., Engineer of Record, to provide design services for the Compressed Natural Gas filling station on Hercules Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System hired Long & Associates, a city Engineer of Record, to evaluate the long-term requirements for the Compressed Natural Gas (CNG) Filling station on Hercules Avenue in Clearwater at a budgeted cost of $20,000. This involved an audit of the existing conditions at the CNG station and determining future needs to keep the station running efficiently over the next five years. Long & Associates evaluated the following items: ·Improve CNG equipment redundancy to prevent fueling delays in the event of an emergency and/or planned equipment repair ·Optimize gas flowrate to dispensers to enhance fueling times ·Standardize CNG compressor parts to minimize warehouse inventory and streamline employee training on equipment ·Provide design services for recommended upgrades to station Long & Associates solicited numerous companies that specialize in constructing and operating CNG stations. They ultimately selected Trillium Transportation Fuels, LLC as their sub-contractor for the project. They are now ready to work with Trillium to establish 30%, 60%, 90% and 100% design drawings and specify the necessary equipment to satisfy the above items and have the project ready for permitting. Once design is complete, CGS will come back and request Council approval to start the Construction phase of the project. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 323-96387 (Natural Gas Vehicle Station). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2020 A LONG &ASSOCIATES architects jengineers,inc. Febmary18,2020 Mr.Brian Langille Clearwater Gas System 400N.MyrtleAve. Clearwater,Fla.33755 RE:CNG HERCULES FACILITY DESIGN DearBrian, Long &Associates is pleased to present this proposal to you for the above referenced project.We understand Clearwater Gas System wishes to design and procure a new CNG facility at the Hercules CNG filling location.To this end we have solicited proposals (which you have previously received)and determined Trillium to be the most highly qualified to provide such CNG Design Build Services.In order to ensure the Scope of Work is fully vetted and correct for the CNG facility,we have recommended that Trillium first provide a design proposal so that the design and permit drawings may first be prepared and reviewed to solidify the full Scope of Work and to reconcile that it meets the owner's needs.In this case, Trillium would be a sub consultant to Long &Associates Architect /Engineers Inc.We expect Trillium to provide the full design scope ofwork for the CNG facility,however,Long &Associates will be reviewing the work for the owner, coordinating the project and making review comments to ensure the Scope of Work is met.We have added appropriate time for this work accordingly and as identified herein. Trillium will be providing: 1.Site Survey for the CNG location. 2.Design drawings for the demolition and new construction and the integration ofexisting and new infrastructure for the CNG facility,. 3,Drainage and Storm water Design as required for Permitting. 4.Permitting FEES are a reimbursable expense at actual cost. 5.Geotechnical borings as required for the new work. 6.Design Drawings for 30%,60%,90%and 100%Owner Reviews. Long &Associates with work with Trillium to review the work,SOW and provide written comments for Trillium to address and we will coordinate with the Owner as needed to address the existing equipment and processes to ensure Trillium captures the full required design.We have attached Trillium's proposal herein for your review. This proposal does not address construction.Once the plans are finalized and 100%approved by the Owner,we will then work with Trillium to address bidding as required and a Construction Contract via Trillium.This effort would be addressed by separate contract for Design Build services at that time. 4525S.hAANHAnANAVE,TAMPA,FL33611 |T:813.839.0506 |F:8]3,839.46]6 |WWW.LONGANDASSOCIATES.COM |AAC001624 1828 CGC15]1025 HARRYM.LONG.JR..PE |ALEXANDER M.LONG.AIA |PAULE.WIECZOREK.PE |PAUL W.PORTAL,AIA |TRAVIS G.STEED,AIA |KEVINM.BYNUM.PE Mr.Brian Langille February 18,2020 Page 2 of 2 Long &Associates respectfully requests the following Lump Sum Fee for the Scope of work identified herein: Long &Associates Design Reviews &Coordination:$11 ,780.000 Trillium Design Proposal CNG:$88,869.00 Long&AssociatesAdminfee(10%):$8,887.00 Total:$109,536.00 We hope this proposal meets with your approval and as always we are happy to review the full scope of work and details as you best see fit to meet your needs. Thank you for the opportunity to be of service. LONQ &A?,SOCIATES ARCki|ITE /ENGINEERS,INC. Ale^nd^'JM.Long,AIA,LEED AP Presldg/t AML/er 4525 S.MANHAHANAVE.TAMPA.FL 33611 |T:813.839.0506 |F:813.839.46]6 ]WWW.LONGANDASSOCIATES.COM ]AAC001624 IS28 CGC15)1025 HARRYM.LONG,JR.,PE |ALEXANDER M.LONG,AIA |PAULE.WIECZOREK.PE |PAUL W.PORTAL.AIA |TRAVIS G.STEED,AIA |KEVINM.BYNUM.PE ^TrilljLHTiAyitmftCwnfwny Long &Associates Clearwater Gas CNG Filling Station Trillium Response Costing Proposal for Design and Permit Drawings -Clearwater Gas Systems:Hercules Fast Fill Upgrade -Update 2/14/14 Proposed Approach &Response to RFP Lex Long,President Long &Associates 4525 S.Manhattan Avenue Tampa,FL 33611-2305 Dear Mr.Long: Thank you for the opportunity to provide the necessary design,permitting,and specification dravvings for the Upgrade to the Hercules Ave Fast Fill CNG Station.The following is our fee proposal to provide Engineering/Desigii/Pennit Drawing services for the CIearwater Gas System Hercules Avenue Compressed Natural Gas System Upgrade.As referenced in our earlier email; we are providing this costing and statement ofwork under the stipulation that this disclosure will not be utilized for a public bid.We have been evaluated by Cleanvater Gas Systems,as vvell as Long &Associates and are confident that our package is the best altemative for this project. Based upon site meetings,emails,and meetings vvith the end user and Long &Associates,we are providing the follovving scope of vvork: Desigii Scope/Services: •Site Survey for Existing Equipment and New Equipment Location •Structural,Mechanical,and Electrical design drawings forthe demolition ofexisting equipment,installation ofneiv equipment,and the integration ofexisting and new infrastructure. •Drainage/Stormvvater Design vvill be provided •Environmental Pennitting Time is included;we understand that the actual permitting fees will be reimbursed and are not included in our price quotation. •Geotech/Borings are included for the new footprint,vvhich will be approximately 200 sq. ft.larger than the current skid that will be removed. •Design Drawings to be mutually reviewed/upgraded on the following schedule:30% (Day 15);60%(Day 30);90%(Day 40);100%(Day 50) •Upon Final Approval,we vvill obtain competitive price quotations from local subcontractors for the next phase ofthe project.Long &Associates will take part in the subcontractor review orocess Trillilim:One Partner,Any Fuel. ^TrHljumAyiawAComptny Long &Associates Clearwater Gas CNG Filling Station TriIIium Response •Five (5)sets ofthese documents will be the deliverable to begin the permitting efforts, vvhich vvill follow the Design Phase ExcliisioitS; •Ifthere are environmental or construction issues identified in the Geotech,Stormwater, and Permitting efforts,the construction price may need to be adjusted. Price: The required vvork will be provided for the net sum of $88,869.00. Upon the receipt of a purchase order,we will begin immediately. Thank you for the opportunity,and feel free to reach out with questions. Very Tnily Yours, -7 /,.-'y^Ua-c^._.. Barry P.Carr,Eastern Regional Manager ^Triiy^ A4»IwACo<np*ny, Trillium:One Partner,Any Fuel. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7601 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a partnership agreement with 3 Score Softball Club and the City of Clearwater for use of city fields for senior adult programs from March 19, 2020 through March 18, 2021 with the option of five additional one-year renewals to be approved by the City Manager or his designee and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has partnered with the 3 Score Softball Club for many years to provide quality senior adult softball programs for citizens over 60 years in age. The City wishes to continue the relationship which not only provides programs for senior adults but also provides a source of volunteers for the many softball tournaments held in Clearwater. The primary responsibilities of 3 Score Club will be to provide for the supervision, funding, and programming at the Eddie C Moore and Sid Lickton Complex for senior adult softball as well as volunteers to oversee the programs at these facilities. For use of the fields, participants must either have a resident or non-resident recreation card or fulfill all volunteer positions requested by city staff up to 20 hours per participant. The Club currently provides adult recreational opportunities during three separate seasons of the year to approximately 200 participants per year. The City’s responsibilities are to provide ground maintenance for the ballfields, fund all utilities and provide a dedicated city staff member from the Athletics Office to serve as the City Liaison with 3 Score. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7602 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Certus Builders of Tampa, Florida in the amount of $108,375 for renovations and construction of restrooms at Phillip Jones Park located at 1190 Russell Street and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. Phillip Jones Park has been used for youth sports for over 50 years, primarily as a football stadium. Since 2012 the City has been renovating Phillip Jones Park and facilities including the proper closing of the site which was a previous landfill. Renovations to the building have been done in phases since the site is in a flood zone and due to FEMA regulations only 50% of the depreciated value of the buildings can be renovated each year. Since the value of the concession/restroom building is low it has taken four years to renovate the office, kitchen, roof, men’s restroom, and HVAC system in the building. This contract is to expand and complete renovations of the women’s restroom facilities which will be the final phase of construction needed. This is a 90-day contract and will be completed prior to the beginning of the Greenwood Panthers football season. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 3/13/2020 File Number: ID#20-7602 Funds are available in Capital Improvement Project 315-93642 "Phillip Jones Renovations” for this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7603 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida in the amount of $956,158.59 for Phase II site improvements at Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. On Friday March 13, 2020, a ribbon cutting ceremony was held at the Countryside Sports Complex dedicating the completion of Phase I renovations and construction of a new press box, restroom, locker room, storage and concession building. This contract is for the completion of Phase II which will include relocation of light poles and fixtures on the stadium field, drainage improvements and expansion on the north field, parking lot and entry drive improvements, landscaping and irrigation. As with Phase I funding for Phase II was secured from a variety of partnerships including a TDC grant, donations from city co-sponsor sports groups including the Countryside Cougars, Clearwater Soccer, Clearwater Lacrosse, along with the City of Safety Harbor, Florida Recreation Development Assistance Program (FRDAP), and Penny for Pinellas. This is a 90-day contract thus construction of Phase II will begin in April and be completed by July 2020. Portions of the Sports Complex will be closed during certain construction elements; however, the majority of the complex will be available for continued use by our Co-sponsor Groups throughout the project. APPROPRIATION CODE AND AMOUNT: Funds are available for this project in Capital Improvement Project 315-93652 “Countryside Page 1 City of Clearwater Printed on 3/13/2020 File Number: ID#20-7603 Sports Plex Renovations.” USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2020 Construction Manager at Risk Contract This CONTRACT made and entered into this ail; 91.249/6, by and between the City of Clearwater, Florida, a municipal corporation, herein designated as the "City" or "Owner", and Kc m is Csedr w ed..s . of theCS' .f Oiambot, County Pinellas and State of Florida, hereinafter designated as the "Construction Manager". The contracting entities shall collectively be known as the "Parties." WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City's Engineering Department; and WHEREAS, the City desires that the Construction Manager perform the management of the necessary construction, design, and preconstruction services (collectively referred to as the Services) on an as- needed basis subject to the terms and conditions set forth in this agreement and any agreement incorporated into this agreement by reference. NOW, THEREFORE, IT IS AGREED BY THE PARTIES: ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the purposes of this contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the Contract Documents." In the event there is any conflict between this Contract and the Specifications, this Contract shall take precedence except that the GMP PROPOSAL dated in the amount of $ is expressly incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative and control in the event of any conflict, discrepancy, absence of information and / or term or condition to the contrary. Page 1 of 12 ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to fumish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all govemmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect- Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following employment upgrading demotion or transfer recruitment or recruitment advertising lay -off or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non - discrimination clause. c) The Construction Manager 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. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections. 3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows: Page 2 of 12 a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: general conditions long lead supplies current deliveries safety and labor relations programs permits construction problems and recommendations; and plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. c) Following development and submittal of the construction schedule the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and /or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager's work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect- Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice Is made Impossible by conditions beyond his control. The Page 3of12 Construction Manager shall hold job -site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect - Engineer's Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a two week' look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing altematives including assistance to the Architect- Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall fumish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate conceming construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect-Engineer's attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving altematives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect - Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect - Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager's review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect- Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub - contracts. As soon as the Architect- Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall Page4of12 prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect- Engineer of any problems or prospective delay in delivery. 3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect- Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect- Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and /or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect- Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre - qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre -bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. Page 5of12 b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre -bid conference with prospective bidders, the Architect - Engineer and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect - Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect- Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect- Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect- engineer of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect - Engineer for review and actions. The Architect- Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect- Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect-Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review and submit to the Owner, all project closeout documentation including operation, maintenance and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct Tabor costs, direct supervision costs and direct job costs, plus the Construction Manager's fees or the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance to the City's General Conditions. Page 6of12 b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verifythetimescheduleforactivitiesandworkwhichwereadoptedandusedtodeterminethe Construction Manager's cost of work. In addition to the cost of work, a GMP will indude an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to fumish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sumamountorless. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in theProjectshallbedeterminedinoneormoreofthefollowingways: i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect Engineer and owner; ii. By unit prices stated in the Agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect- Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Architect- Engineer.. Changes shall be approved by the Architect-Engineer 4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below : Page 7 of 12 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work or service performed during the Construction Phase shall be a fee of TBD . The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of TBD each and one final monthly payment of TBD The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days' written notice, terminate the employment of the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the Project in whatever manner the Owner may deem expedient. 5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of I 1,000.011 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this contract. ARTICLE 6: INDEMNIFICATION 6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the defense of any legal action which may be brought against the City as a result of the Construction Manager's activities arising out of this contract and furthermore, in consideration of the terms, stipulations and conditions as contained herein, agrees to hold the city free and harmless from any and all claims for damages, costs of suits, judgments or decrees resulting from any claims made under this contract against the city or the contractor or the contractor's sub - contractors, agents, servants or employees resulting from activities by the aforementioned contractor, sub - contractor, agent servants or employees. Page 8of12 6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the Project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Agreement shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or govemmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications,. 9.3 The language in this Agreement shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and Owner are joint venturers or partners. 9.6 In addition to all other contract requirements as provided by law, the contractor executing this agree- ment agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUTODIAN OF PUBLIC RECORDS AT 727 - 562 -4092, Rosemarie .CaWmyclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 Page 9of12 The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater hereinafter "public agency ") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. Page 10 of 12 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 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. Page 11 of 12 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Home 11 City Manager Countersigned: BY: Sto yACe AttO George Cretekos, Mayor - Councilmember Contractor must indicate whether Corporation, Partnership, company or Individual) The person signing shaN, in his own handwriting sign the Principal's name, his own name and his title; where the person is signing for a Corporation he must, by Affidavit, show his authority to bind the Corporation). Attest: Rosemarie Call, City Clerk Approv as t fo Smith, istant City Attorney 1'dreviver 60,14 S,,T 1G Contrdctor) SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM THIS FORM MUSTBE COMPLETEDAND SUBMITTED WITH PROPOSAL FOR PROJECTS THATMAY EXCEED $1,000,000. FAILURE TO SUBMIT THIS FORMASREQUIRED, MAYDEEM 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 ofsection 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 inCubaandSyria; 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 forminCubaorSyria, 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 anyotherapparatusofbusinessorcommerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or ownerimmediatelynotifytheCityofClearwaterinwriting, no later than five (5) calendar days after any of its principals are Eitaced on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Retrgt Sect List, or engages in business operations in Cuba and Syria. Authorized:Stgnature f o T C. Fo_t,VW,gl rPrr-innttegi,Name 1 •CcrtS /j?d.4/r Title Atsmie 6eiCerfi/ArotS, ire. Nanfe of Entity/Corporation STATE OF Fcc,040,4 COUNTY OF The foregoing instrument was acknowledged before me on this 110 day of ,urge_ , 20 IL , byunbar . C.. Focnc..sc 4. (name of person whose signature is being notarized) as the0,re..s deny (title) of 1<eals.lausle. Exegt,,Ad (name of corporation /entity),, rallyknowntomeasdescribedherein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public - J Printed Name My Commission Expires: NOTARY SEAL ABOVE TRUTH -IN- NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), Gotelry- 57WE'Xd41 fir i hereby certifies that wage rates, fringe rates and other factual unit costs supporting the compensationRISC5xoces ,fit for the a, r„ru.thd GDtiahc. services of (l7 ed_toogimareiG to be provided under this Agreement, conceming /P'Q AV- are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they: 0.... e :an: ' authorized representative of the proposer who may legally bind the proposer attest to'' the accuracy of the information: STATE OF Fie.tav4 COUNTY OF /a/Ave-A.4_44 Authorized Signature K tumr- c • F:eiiC.tl6ttr4GT" R Printed Name Title if/9672,0%4r exoav r7a3s,. ., Name of Entity/Corporation The foregoing instrument was acknowledged before me on this U'" day ofAulhe. , 20 t t . , by 44c.er -i. C . FOrn wo.,\ name of person whose signature is being notarized) as the t restde„ - title) of \{e..vslichne. _YCAtinAdres. Tr,e _ (name of corporation/entity), onallr known to me as described herein , or produced a type of identification) as identification, and who did / did not take an oath. Wen Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE 0 AMENDMENT NO. 1 TO CONSTRUCTION MANAGER AT RISK SERVICES CONTINUING CONTRACT, DATED JUNE 15, 2016, BETWEEN KEYSTONE EXCAVATORS, INC. ( "Contractor") AND THE CITY OF CLEARWATER ( "City ") The City of Clearwater's RFQ #24 -16 Construction Management at Risk Services for Continuing Contracts will be for a four (4) year period. This contract will be from Aug 4, 2016 — Aug. 4, 2020 and will be for projects up to $2,000,000. Keystone Excavators, Inc. By: 4vrfrAii4/31/41/24( Name: M'6 Zr e. Title: Tgee;TS /a+6•vT- Date: 4.-y /31 20/6 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7530 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $39,438 and authorize the appropriate officials to execute same. (consent) SUMMARY: In February 2020, the Resource Management Committee approved submission of a grant application under the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program. That grant is now awarded and CPD seeks approval to accept it. The Opioid crisis has significantly impacted the State of Florida and Pinellas County. In 2018, there were 238 opioid-related deaths in Pinellas County, up from 150 in 2015. Pinellas County EMS reported 5,306 overdose related transports in 2019. Clearwater Police Department Officers and Clearwater Fire/Rescue respond to opioid related overdose calls for service on a routine basis. In 2016, the Clearwater Police Department became the first law enforcement agency in the Tampa Bay region to deploy opioid antagonist Naloxone, commonly referred to as Narcan, to selected field personnel. In 2017, the Police Department equipped all field personnel with this life saving drug. In 2019, Clearwater Police Department personnel deployed Narcan 21 times and responded to over 280 specific overdose incidents. Providing opioid antagonists, such as Narcan, is a central tenant of the Pinellas County Opioid Task Force’s Strategic Plan. In January 2020, the Florida Police Chief’s Association (FPCA) made available the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program to municipal Police Departments. The Police Department applied for, and received, a similar grant award through the HEROS Program in 2018. The Clearwater Police Department applied for this grant to replace its current Narcan supply; the majority of this supply is set to expire in May 2020. The Clearwater Police Department was Page 1 City of Clearwater Printed on 3/13/2020 File Number: ID#20-7530 awarded a grant allotment, to replace 290 packages of Narcan Nasal Spray (Naloxone HCI, 4mg). Each officer/field personnel is equipped with two doses of this life saving drug. The approximate value to the grant award is $39,438. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Page 2 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7575 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk Certus Builders in the amount of $1,030,588 for construction of a restroom at the Seminole Boat Ramp (16-0020-PL) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, City Council approved the use of Construction Manager at Risk Services (CMAR) for Continuing Contracts with Biltmore Construction, Cathey Construction and Development, Certus Builders, J. Kokolakis Contracting, J.O. Delotto & Sons, Keystone Excavators, Khors Construction, and Wharton-Smith, for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. Renovations and improvements to the Seminole Street Boat Ramp/North Marina District Improvements were completed in December of 2019. The renovation project evaluated three locations for the proposed restrooms and the most suitable site was selected due to its proximity to the boat ramps. All three locations are in a velocity zone as determined by FEMA, requiring structures be elevated to or above the base flood elevation. Restrooms must meet the criteria, or the City is excluded from participating in the National Flood Insurance Program (NFIP). At the December 2019 council meeting, Council asked staff to evaluate a less costly structure. After analyzing potential value engineering items, Certus was able to reduce the original proposal by approximately $127,000 or 11%. Considering additional design costs and the cost paid to install utilities at the original location, the estimated construction cost of an at grade restroom out of the velocity zone (500 feet from the boat ramp), is approximately $80,000 less than the revised proposal for the original restroom. This Certus Builders proposal is for construction of an ADA compliant restroom facility, including a lift station, two stories in height, meeting FEMA requirements. Construction will be completed within 180 calendar days from the notice to proceed. Once complete, the Marine and Aviation Department will be responsible for the day to day maintenance of the restrooms. The Department is proposing to hire an outside contractor to provide custodial services for the facility. APPROPRIATION CODE AND AMOUNT: ENGF180014-CONS-CNSTRC $1,030,588 Page 1 City of Clearwater Printed on 3/13/2020 File Number: ID#20-7575 Funds are available in Capital Improvement Project ENGF180014, Seminole Boat Launch Improvements, to fund the proposal. Page 2 City of Clearwater Printed on 3/13/2020 CERTUS BUILDERS Design/Build -Construction Management 02/03/2020 PC Re .. I 1 •, T,;nq,a 1813) 1;,)3 4�'.l(i Bn<.1r1I (850) �r:;a �t.�\�11 Proposal TO: Leroy Chin, Park Planning & Project Manager City of Clearwater -Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: SEMINOLE BOAT RAMP RESTROOM CONTRACT NO. 16-0020-PL CITY PROJECT NO. 2016022 As requested, enclosed is the proposal for construction of THE Seminole Boat Ramp Restroom nBuilding submitted in accordance with techical specs/plans/study/clarifications of this letter/attached line item work,etc., for a Guaranteed Maximum Price of $1,030,588.00. Scope of Work: As per plans by Plisko Archtiecture, P.A. AIA dated 8/28/2019, specifications dated 7 /31/2019 and Addendum # 1 dated 9/30/2019 Cost Detail: Description Amount Cost ofWork $793,293.00 Subtotal $793,293.00 General Conditions ( or General $78,240.00Conditions/Supervision/Insurance/Bond) Construction Management Fee $65,365.00 Contingency 10% $93,690.00 Guaranteed Maximum Price $1,030,588.00 Project Duration shall be 180 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjW1ction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 4, 2016, based on RFO #24-16. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Approved as to form: Owen Kohler Assistant City Attorney CoW1tersigned: George N. Cretekos Mayor Date CITY OF CLEARWATER, FLORIDA Attest: By: -------------Rosemarie Call City Clerk William B. Home II City Manager Date CERTUS BUILDER, INC. -------------By: Sharon A Sumner President -------------Date BUIL DI N G SECTI O N 727 - 4 4 2 - 7 2 0 0 F A X 727 - 4 6 1 - 0 0 3 0Alex Plisko, Jr.- AR0005966# AA C 000813 01-30-19 C 2019 8 0 0 D R E W S T R E E T C L E A R W A T E R, F L 3 3 7 5 5PLISKO ARCHITECTURE, P.A. AIAA-3SEMINOLE BOAT RAMPRESTROOMCLEARWATER, FLORIDA 12'-10"6"16'-0"14' FLOOD ZONE WITH 2'-0" FREEBOARD TO UNDERSIDE OF STRUCTURE SECT A SECT A WEST ELEVATION SCALE 1/4" = 1'-0" EAST ELEVATION SCALE 1/4" = 1'-0" 4 12 SECO SOUTH VCI-2000 STAUNLESS STEEL CABLE GUARD RAILING POURED CONCRETE SLAB PRECAST CONCRETE PILINGS POURED CONCRETE STAIRS 4 12 4 12 PAINTED STUCCO SECO SOUTH VCI-2000 STAUNLESS STEEL CABLE GUARD RAILING POURED CONCRETE SLAB PRECAST CONCRETE PILINGS NORTH ELEVATION SCALE 1/4" = 1'-0" 4 12 METAL BARREL TILE ROOF SECO SOUTH VCI-2000 STAUNLESS STEEL CABLE GUARD RAILING NORTH ELEVATION SCALE 1/4" = 1'-0" 4 12 SECO SOUTH VCI-2000 STAUNLESS STEEL CABLE GUARD RAILING SOUTH ELEVATION SCALE 1/4" = 1'-0" 4 12 SECO SOUTH VCI-2000 STAUNLESS STEEL CABLE GUARD RAILING 4 12 PAINTED STUCCO 4 12 METAL BARREL TILE ROOF PAINTED STUCCO METAL BARREL TILE ROOF 4 12 METAL BARREL TILE ROOF PAINTED STUCCO METAL BARREL TILE ROOF METAL BARREL TILE ROOF 4'-10"1'-2" Honeymoon Island Restroom Skyway Bridge Restroom Siesta Key Beach Restroom Ben T. Davis Beach – Rocky Point (Tampa) DREW ST N MYRTLE AVE N GARDEN AVE VINE AVE JONES ST SEMINOLE ST CLEVELAND ST N OSCEOLA AVE ELDRIDGE ST N FORT HARRISON AVE LAURA ST PENNSYLVANIA AVE N MARTIN LUTHER KING, JR. AVE HART ST GROVE ST PALMETTO ST CEDAR ST PLAZA ST METTO ST N EAST AVESUNSET DR SPRUCE AVE JURGENS ST N WASHINGTON AVE HENDRICKS ST NICHOLSON ST ROOSEVELT AVE LEE ST PALM BLUFF ST MAPLE ST GRANT ST ENGMAN ST CARLTON ST LA SALLE ST BLANCHE B LITTLEJOHN TRL PADUA LN KNIGHTS ALYGEORGIA ST HART ST GRANT ST N OSCEOLA AVE NICHOLSON ST LOCATION MAP PROJECTLOCATION ^ ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD TM 277B 09-29s-15eMap Gen By:Reviewed By:S-T-R:Grid #:Date: Seminole Boat RampRestroom ProjectNorth Marina District Improvements 10/30/2019 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\Seminole Boat Ramp.mxd ClearwaterHarbor N.T.S.Scale: August 19, 2016 Certus Builders, Inc. Attention: Dean Sumner 403 South Westland Ave. Tampa, FL 33606-1746 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Mr. Sumner: Certus Builders. Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to 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. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9/1/2016 Brown & Brown Insurance - Clearwater83 Park Place Blvd., Suite 101Clearwater FL 33759 Certus Builders, Inc.2604 Tampa East Blvd., Unit HTampa FL 33619 Evanston Insurance Company Ohio Security Insurance Company The Burlington Insurance Company Westchester Surplus Lines Insurance American Interstate Insurance Compa 35378 24082 23620 10172 31895 Vicky Van Wormer 727-461-6044 727-442-7695 vvanwormer@bbpinellas.com CERTU-1 500200064 A Y Y 3C06395 5/28/2016 5/28/2017 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 X X X B Y Y X X X BAS56713599 5/28/2016 5/28/2017 1,000,000 PIP 10,000 C X X X $0 HFF0002611 5/28/2016 5/28/2017 5,000,000 5,000,000 E N AVWCFL2501652016 5/15/2016 5/15/2017 X 1,000,000 1,000,000 1,000,000 D Pollution Liability G27602034001 5/28/2016 5/28/2017 Per OccurrenceAggregate 1,000,0002,000,000 Certificate Holder is an additional insured as respects General Liability and Automobile Liability as required by written contract or agreement.Waiver of Subrogation in favor of the certificate holder applies to General Liability and Auto Liability as required by written contract oragreement.RE: 2016-2020 Construction Management at Risk Services for Continuing Contracts.Contractors Equipment included, Replacement Cost, 5/28/16-5/28/17 City of ClearwaterAttn: Engineering Contract Specialist, RFQ #24-16P.O. Box 4748Clearwater FL 33758-4748 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7568 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve the Interlocal Agreement between Pinellas County and the Cities of Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, St. Petersburg, and Tarpon Springs for funding the Tampa Bay Estuary Program match of a Florida Department of Environmental Protection Grant to develop a social marketing campaign focused on reducing sanitary sewer overflows and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities is a member of the Pinellas County Wastewater/Stormwater Task Force (Partnership). Together we are working to jointly develop methods, techniques and actions that will help us all reduce the incidence of sanitary sewer overflows. The grant will provide funds to allow TDE/Pinellas County/Partnership member municipal governments to develop and implement a public awareness and education program to assist us in combating SSOs. This agenda item was previously approved by Council on December 19, 2019; however, the earlier agreement was not able to be approved by Pinellas County by the approval deadlines causing the process to be restarted. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ operating cost centers, cost code 543200 Other Promotional Activity ·FY2020 $10,247 Page 1 City of Clearwater Printed on 3/13/2020 Page 1 of 7 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, ST. PETERSBURG, AND TARPON SPRINGS FOR FUNDING THE TAMPA BAY ESTUARY PROGRAM MATCH OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO DEVELOP A SOCIAL MARKETING CAMPAIGN FOCUSED ON REDUCING SANITARY SEWER OVERFLOWS This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, ST. PETERSBURG, AND TARPON SPRINGS FOR FUNDING THE TAMPA BAY ESTUARY PROGRAM MATCH OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT TO DEVELOP A SOCIAL MARKETING CAMPAIGN FOCUSED ON REDUCING SANITARY SEWER OVERFLOWS (“AGREEMENT”) is entered into this ____day of ___________, 2020, by and between PINELLAS COUNTY, a political subdivision of the State of Florida (“COUNTY”), the CITY OF CLEARWATER, a municipal corporation (“CLEARWATER”), the CITY OF DUNEDIN, a municipal corporation (“DUNEDIN”), the CITY OF GULFPORT, a municipal corporation (“GULFPORT”), the CITY OF LARGO, a municipal corporation (“LARGO”), the CITY OF OLDSMAR, a municipal corporation (“OLDSMAR”), the CITY OF PINELLAS PARK, a municipal corporation (“PINELLAS PARK”), the CITY OF SAFETY HARBOR, a municipal corporation (“SAFETY HARBOR”), the CITY OF ST. PETERSBURG, a municipal corporation (“ST. PETERSBURG”), and the CITY OF TARPON SPRINGS, a municipal corporation (“TARPON SPRINGS”), together collectively known as “PARTNERS.” W I T N E S S E T H: WHEREAS, PARTNERS sit on the Pinellas Wastewater/Stormwater Task Force together; WHEREAS, PARTNERS agree that blockages due to fats/oils/grease or non- flushable items and/or excessive inflow and infiltration to both public and private components of the wastewater system are contributing factors to Sanitary Sewer Overflows (“SSOs”); WHEREAS, PARTNERS acknowledge that there is a shared responsibility to address the systematic causes of overflows including the proper disposal of fats/oils/grease and non-flushable items, the elimination of illicit connections, and the repair/replacement of failing privately-owned lateral lines; WHEREAS, reducing the occurrence of SSOs is a priority action identified in the Tampa Bay Estuary Program’s (“TBEP”) Comprehensive Conservation and Management Plan for Tampa Bay (WW-5) and will contribute to the continued maintenance and improvement of water quality in Tampa Bay, the Gulf of Mexico, and other local waterways; Page 2 of 7 WHEREAS, on April 23, 2019, TBEP received a $75,000.00 matching grant from the Florida Department of Environmental Protection (“FDEP”) to fund a social marketing campaign to reduce sanitary sewer overflows in the Tampa Bay Watershed (the “FDEP SSO Grant”); WHEREAS, PARTNERS wish to assist TBEP by providing $77,536.00 to, at a minimum, match the $75,000.00 share for the FDEP Grant; WHEREAS, PARTNERS agree that allocating such cost share based on each PARTNER’s land area acreage is equitable; and WHEREAS, on February 13, 2020, COUNTY entered into a separate agreement with TBEP (the “TBEP-COUNTY AGREEMENT”) providing for COUNTY payment to TBEP of the $77,536.00 collected under this AGREEMENT; and NOW, THEREFORE, in consideration of the mutual covenants, conditions, and terms set forth herein, PARTNERS agree as follows: SECTION 1. PURPOSE The sole purpose of this AGREEMENT is to establish the funding amount that each of PARTNERS will contribute to the TBEP match of the FDEP SSO Grant. PARTNERS shall pay COUNTY in accordance with this AGREEMENT, then COUNTY shall pay TBEP in accordance with the TBEP-COUNTY Agreement. This AGREEMENT does not require any of PARTNERS to take any action implementing the FDEP SSO Grant. For reference, the Grant Work Plan for the FDEP SSO Grant is attached hereto as Exhibit A, and the TBEP-COUNTY Agreement is attached hereto as Exhibit B. SECTION 2. CONDITION SUBSEQUENT Should the FDEP SSO GRANT or the TBEP-COUNTY AGREEMENT be terminated prior to COUNTY payment to TBEP, COUNTY shall promptly notify all PARTNERS and this AGREEMENT shall terminate upon receipt of such notice by all PARTNERS. Together with such notices, COUNTY shall refund any received payments that have not been forwarded to TBEP as required under the TBEP-COUNTY AGREEMENT. Page 3 of 7 SECTION 3. DUTIES OF PARTNERS Each PARTNER agrees to contribute the following respective amount in furtherance of the FDEP SSO Grant; the sum of these amounts is $77,536.00: COUNTY: $22,217.00 CLEARWATER: $10,247.00 DUNEDIN: $3,189.00 GULFPORT: $292.00 LARGO: $8,287.00 OLDSMAR: $2,107.00 PINELLAS PARK: $5,015.00 SAFETY HARBOR $3,000.00 ST. PETERSBURG: $19,673.00 TARPON SPRINGS: $3,509.00 Each PARTNER, except for COUNTY, shall mail a check to COUNTY for its respective amount by July 15, 2020. The check shall be made out to the Pinellas County Board of County Commissioners and mailed to Pinellas County Environmental Management, Attn: Stacey Day, 22211 U.S. 19 N, Bldg 10, Clearwater, FL 33765. COUNTY shall make payments to TBEP consistent with the COUNTY-TBEP AGREEMENT. However, if any PARTNER does not mail payment to COUNTY by July 15, 2020, COUNTY may deduct that amount from the cumulative $77,536.00 payment to TBEP. In such case, COUNTY shall promptly notify the remaining partners and TBEP of the non-paying PARTNER’s breach of this AGREEMENT. SECTION 4. NOTICES All notices, payments, and other written communications between PARTNERS shall be sent by electronic mail, certified U.S. mail, or courier delivery service. Notices shall be considered effective when delivered as reflected by an electronic mail read receipt, a certified mail delivery receipt, or a courier service delivery receipt. Any notices, invoices, payments, and written communications shall be delivered to each party’s Project Manager as provided below: Page 4 of 7 PINELLAS COUNTY: Environmental Management Division Attn: Stacey Day 22211 US Hwy 19 N., Bldg 10 Clearwater, FL 33765 sday@pinellascounty.org CLEARWATER: City of Clearwater Attn: Dave Porter, Director Clearwater Public Utilities 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 david.porter@myclearwater.com DUNEDIN: City of Dunedin Attn: Jorge M. Quintas, P.E. Public Works & Utilities Director/City Eng. 1415 Pinehurst Rd., Suite F P.O. Box 1348 Dunedin, FL 34697-1348 JQuintas@DunedinFL.Net GULFPORT: City of Gulfport Attn: Tom Nicholls, Public Works Director 2401 53rd Street S Gulfport, FL 33707 tnicholls@mygulfport.us LARGO: City of Largo Attn: Irvin Kety, P.G. Environmental Services Dept. Director 5100 150th Ave N Clearwater, FL 33760 ikety@largo.com OLDSMAR: City of Oldsmar Attn: Nan Bennett, Public Works Director 100 State Street West Oldsmar, FL 34677 nbennett@myoldsmar.com PINELLAS PARK: City of Pinellas Park Attn: Marty Reich, Utilities Director 6250 82nd Avenue Pinellas Park, FL 33781 mreich@pinellas-park.com SAFETY HARBOR City of Safety Harbor Attn: Ray Boler, Public Works Director 1200 Railroad Avenue Safety Harbor, FL 34695 rboler@cityofsafetyharbor.com ST. PETERSBURG: City of St. Petersburg Attn: Angela Miller P.O. Box 2842 St. Petersburg, FL 33731 Angela.miller@stpete.org TARPON SPRINGS: City of Tarpon Springs Attn: Public Services Department Director 324 E. Pine Street Tarpon Springs, FL 34689 psmith@ctsfl.us SECTION 5. FUNDING LIMITATION The obligations of each PARTNER as to any funding required pursuant to this AGREEMENT shall be limited to an obligation in any given year to budget, appropriated and paid from legally available funds, after monies for essential services to PARTNER’S residents and customers have been budgeted and appropriated for the funding that is required during that year. If such additional funds are not legally available after appropriations for essential services, PARTNER shall owe no payment to COUNTY. Notwithstanding the foregoing, each PARTNER shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or Page 5 of 7 hereafter incurred, which pledge shall be prior and superior to any obligation of the PARTNER pursuant to this AGREEMENT. Each PARTNER understands that this AGREEMENT is not a commitment of future appropriations by any PARTNER’S governing body. SECTION 6. ENTIRE AGREEMENT AND MODIFICATION This AGREEMENT embodies the whole agreement of PARTNERS. There are no promises, terms, conditions, or allegations other than those contained herein and this AGREEMENT shall supersede all previous communications, representations, and agreements, whether written or verbal, between PARTNERS. This AGREEMENT may be amended, extended, or terminated by mutual written agreement of PARTNERS at any time. SECTION 7. AGREEMENT TERM After this AGREEMENT has been fully executed by all PARTNERS, COUNTY shall file this AGREEMENT with the Clerk of Circuit Court of Pinellas County, at which time this AGREEMENT shall take effect. This AGREEMENT shall remain in effect until December 31, 2020, unless extended or terminated in accordance with the terms herein. SECTION 8. LIABILITY Each PARTNER shall be responsible for its own negligence under this AGREEMENT. Nothing herein is intended as a waiver of any PARTNER’s sovereign immunity or the limitations set forth in F.S. § 768.28. Nothing herein shall be construed as consent by any PARTNER to be sued by third parties. SECTION 9. CHOICE OF LAW This AGREEMENT and the rights and obligations of PARTNERS shall be governed and construed according to the laws of the State of Florida. Any State litigation arising from this Agreement shall be filed in a court of competent jurisdiction in Pinellas County, Florida. Any Federal litigation arising from this Agreement shall be filed in the Middle District of Florida, Tampa Division. SECTION 10. COMPLIANCE WITH LAWS AND PUBLIC RECORD REQUIREMENTS PARTNERS shall always comply with all Federal, State, and local statutes, rules, regulations and ordinances, the Federal and State constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue (collectively, “Laws”), including but not limited to Florida laws regarding the retention and disclosure of public records. PARTNERS hereby make all certifications required under F.S. § 287.135. Page 6 of 7 SECTION 11. CITY CONSENT AND ACTION (AS TO THE CITY OF CLEARWATER) A. For purposes of this AGREEMENT, any required written permission, consent, acceptance, approval, or agreement by the City of Clearwater means the approval of the Mayor or his authorized designee, unless otherwise set forth in this AGREEMENT or unless otherwise required to be exercised by the City Council pursuant to the City Charter or other applicable Laws. B. For purposes of this AGREEMENT, any right of the City of Clearwater to take any action permitted, allowed, or required by this AGREEMENT may be exercised by the Mayor or his authorized designee, unless otherwise set forth in this AGREEMENT or unless otherwise required to be exercised by the City Council pursuant to the City Charter or other applicable Laws. SECTION 12. SEVERABILITY If any clause or portion of a clause in this AGREEMENT is determined to be invalid under the rule of law, the remainder of this AGREEMENT shall remain in full force and effect. [The rest of this page intentionally left blank.] Page 7 of 7 IN WITNESS WHEREOF, PARTNERS, by and through the undersigned, have caused this AGREEMENT to be executed as of the day and year first above written. PINELLAS COUNTY By: Joe Lauro, Administrative Services Department Director APPROVED AS TO FORM: By: Office of County Attorney CITY OF CLEARWATER By: Mayor Reviewed and Approved: Attest: City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7587 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 16-20, Corrosion Control Chemical poly/ortho blend, to Shannon Chemical Corporation of Malvern, PA, in an annual not-to-exceed amount of $110,000, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #16-20, Corrosion Control Chemical was issued on January 16, 2020. Five bids were received on February 23, 2020. Shannon Chemical Corporation of Malvern, PA, represents the lowest responsive, responsible bidder for Corrosion Control Chemical. Corrosion Control Chemical poly/ortho blend is used to control corrosion at the City of Clearwater’s potable water treatment plants, State and Federal drinking water regulations require public water systems to monitor and control corrosion in domestic water supplies. For over 30 years, the City of Clearwater has treated its water with a polyphosphate corrosion control Chemical. In 2018 and 2019, Public Utilities conducted an engineering study to evaluate the effectiveness of 6 different blends of corrosion control chemicals. The results of this study indicated that a dry form 50/50 blend of polyphosphate and orthophosphate would be the best choice for our system and provides the additional benefit of being more compatible with the corrosion control chemical used in the wholesale water we purchase from Pinellas County Utilities. The initial contract period will be March 30, 2020 through March 29, 2021, with the option for two, one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #061302 Inorganic Chemicals; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ cost centers, cost code 550100 Lab Chem Supplies. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 3/13/2020 - February 28, 2020 NOTICE OF INTENT TO AWARD Public Utilities and Purchasing recommend award of ITB No. 16-20, Corrosion Control Chemical, to Shannon Chemical Corporation, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $110,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the March 16, 2020 Work Session (9:00 a.m.) and voted on at the March 19, 2020 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: Valerie Craig Valerie Craig Procurement Analyst CITY OF CLEARWATER ITB # 16-20, Corrosion Control Chemical DUE DATE: February 19, 2020; 10:00 AM BID TABULATION PERCENTS PERCENTS PERCENTS PERCENTS PERCENTS Total Phosphate (as PO4)80.60%Total Phosphate (as PO4)84.00%Total Phosphate (as PO4)85.00%Total Phosphate (as PO4)83.44%Total Phosphate (as PO4)84.10% Orthophosphate (as PO4)38.02%Orthophosphate (as PO4)42.00%Orthophosphate (as PO4)42.50%Orthophosphate (as PO4)41.30%Orthophosphate (as PO4)42.10% Polyphosphate (as PO4) CALCULATED 42.58%Polyphosphate (as PO4) CALCULATED 42.00%Polyphosphate (as PO4) CALCULATED 42.50%Polyphosphate (as PO4) CALCULATED 42%Polyphosphate (as PO4) CALCULATED 42% Total Phosphate RATIO 47%/53%Total Phosphate RATIO 50%/50%Total Phosphate RATIO 50%/50%Total Phosphate RATIO 49%/51%Total Phosphate RATIO 50%/50% CALCLULATOR CALCLULATOR CALCLULATOR CALCLULATOR CALCLULATOR MGD 11 MGD 11 MGD 11 MGD 11 MGD 11 X X X X X WEIGHT OF 1 GALLON 8.345 WEIGHT OF 1 GALLON 8.345 WEIGHT OF 1 GALLON 8.345 WEIGHT OF 1 GALLON 8.345 WEIGHT OF 1 GALLON 8.345 X X X X X REQ. DOSE AS ORTHOPHOSPHATE 1 REQ. DOSE AS ORTHOPHOSPHATE 1 REQ. DOSE AS ORTHOPHOSPHATE 1 REQ. DOSE AS ORTHOPHOSPHATE 1 REQ. DOSE AS ORTHOPHOSPHATE 1 EQUALS EQUALS EQUALS EQUALS EQUALS POUNDS PER DAY OF ORTHOPHOSPHATE 91.795 POUNDS PER DAY OF ORTHOPHOSPHATE 91.795 POUNDS PER DAY OF ORTHOPHOSPHATE 91.795 POUNDS PER DAY OF ORTHOPHOSPHATE 91.795 POUNDS PER DAY OF ORTHOPHOSPHATE 91.795 POUNDS / DAY OF ORTHOPHOSPHATE 91.795 POUNDS / DAY OF ORTHOPHOSPHATE 91.795 POUNDS / DAY OF ORTHOPHOSPHATE 91.795 POUNDS / DAY OF ORTHOPHOSPHATE 91.795 POUNDS / DAY OF ORTHOPHOSPHATE 91.795 ///// PCNT ORTHOPHOSPHATE 38.02%PCNT ORTHOPHOSPHATE 42.00%PCNT ORTHOPHOSPHATE 42.50%PCNT ORTHOPHOSPHATE 41.30%PCNT ORTHOPHOSPHATE 42.10% EQUALS EQUALS EQUALS EQUALS EQUALS POUNDS / DAY OF PRODUCT TOGET A 1 MG/L DOSE OF PO4 AS ORTHOPHOSPHATE 241.44 POUNDS / DAY OF PRODUCT TOGET A 1 MG/L DOSE OF PO4 AS ORTHOPHOSPHATE 218.56 POUNDS / DAY OF PRODUCT TOGET A 1 MG/L DOSE OF PO4 AS ORTHOPHOSPHATE 215.99 POUNDS / DAY OF PRODUCT TOGET A 1 MG/L DOSE OF PO4 AS ORTHOPHOSPHATE 222.26 POUNDS / DAY OF PRODUCT TOGET A 1 MG/L DOSE OF PO4 AS ORTHOPHOSPHATE 218.04 POUNDS PER YEAR 88,125.13 POUNDS PER YEAR 79,774.23 POUNDS PER YEAR 78,835.71 POUNDS PER YEAR 81,126.33 POUNDS PER YEAR 79,584.74 X X X X X PRICE / POUND 1.27 PRICE / POUND 1.45 PRICE / POUND 1.347 PRICE / POUND 1.4594 PRICE / POUND 1.433 EQUALS EQUALS EQUALS EQUALS EQUALS TOTAL COST PER YEAR $111,918.92 TOTAL COST PER YEAR $115,672.63 TOTAL COST PER YEAR $106,191.70 TOTAL COST PER YEAR $118,395.77 TOTAL COST PER YEAR $114,044.93 REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. American Water Chemicals, Inc.Chemrite, Inc.Shannon Chemical Corporation Sterling Water Technologies LLC Univar Solutions USA, Inc. v.11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #16-20 Corrosion Control Chemical January 16, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 19, 2020 to provide corrosion control chemical. Brief Description: The City of Clearwater is soliciting sealed bids to establish a term contract for the supply of a dry blended poly / ortho corrosion control chemical to all three (3) City water treatment plants. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by The Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Corrosion Control Chemical 2 ITB #16-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website 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 19, 2020 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 The Procurement Division. i.5 BID FIRM TIME: 60 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 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Corrosion Control Chemical 3 ITB #16-20 any, will be returned to Contractor upon the expiration or termination of the contract. i.6 SUBMIT BIDS TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 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.7 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 Procurement Division Office as the official time. i.8 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.9 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.10 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.11 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 Corrosion Control Chemical 4 ITB #16-20 i.12 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.13 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.14 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.15 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.16 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.17 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.18 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.19 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 Corrosion Control Chemical 5 ITB #16-20 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 The Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Office 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Corrosion Control Chemical 6 ITB #16-20 i.20 EVALUATION PROCESS. Bids will be reviewed by The Procurement Division 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.21 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.22 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.23 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.24 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.25 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 www.myclearwater.com/bid to view relevant bid information and notices. i.26 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 1/16/2020 Advertise Tampa Bay Times: 1/17/2020 Bids due: 2/19/2020 Review bids: 2/19/20-2/23/2020 Award recommendation: 2/24/2020 Council authorization: 3/19/2020 Contract begins: 3/2020 STANDARD TERMS AND CONDITIONS Corrosion Control Chemical 7 ITB #16-20 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 Corrosion Control Chemical 8 ITB #16-20 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 Corrosion Control Chemical 9 ITB #16-20 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, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 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 Corrosion Control Chemical 10 ITB #16-20 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 Corrosion Control Chemical 11 ITB #16-20 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 Corrosion Control Chemical 12 ITB #16-20 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 Corrosion Control Chemical 13 ITB #16-20 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final 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 Procurement Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS Corrosion Control Chemical 14 ITB #16-20 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 Procurement 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. STANDARD TERMS AND CONDITIONS Corrosion Control Chemical 15 ITB #16-20 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Corrosion Control Chemical 16 ITB #16-20 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. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to establish a term contract for the supply of a dry blended poly / ortho corrosion control chemical to all three (3) City water treatment plants. 3. SPECIFICATIONS. 3.1 The chemical must be delivered in dry form – granules or powder (no bulk storage facilities are available for liquid). 3.2 Must be approved for use in potable water systems by the U. S. Food and Drug Administration (USFDA), the Department of Agriculture (USFDA), and must be officially certified and listed with NSF International (NSF/ANSI) Standard 60 - Drinking Water Additives, with the authorization of the U. S. Environmental Protection Agency (USEPA) at time of award. 3.3 Chemical shall be manufactured within the domestic US (no imported chemicals are acceptable); Certificate of Analysis (COA) verifying the US made polyphosphate from manufacturer shall be submitted with bid and available with each delivery. The COA shall contain, at minimum, the total phosphate as a percentage by weight, orthophosphate as a percentage by weight, and the bulk density. 3.4 The dry blended poly / ortho corrosion control chemical must meet the following chemical specification: 4. CUSTOMER SERVICE AND ANALYSIS REQUIREMENTS. 4.1 Bi-annually, the vendor shall analyze produced water to verify effectiveness and provide recommendations for mixing and dosage to achieve optimal corrosion control. 4.2 Annually, the vendor or manufacturer shall provide, at no additional cost, one (1) full day of training for operators on corrosion control fundamentals, best practices, chemical mixing, dosing and safety. The first training shall occur within sixty (60) days of contract award. 4.3 Safety Data Sheets (SDS) and Certificates of Analysis (COA) must be provided with the bid submittal and subsequently to all three (3) delivery locations with each delivery. Failure to provide this documentation with each delivery may result in rejection of the load. 4.4 Each delivery location shall have its own separate delivery ticket and line item on invoices. Any invoices not submitted in this format will be rejected. Total Phosphate (as PO4) 70-100% by weight Orthophosphate (as PO4) 42.00±5% Polyphosphate (as PO4) 42.00±5% Total Phosphate 84.00±10% Poly:Ortho Ratio 50:50 DETAILED SPECIFICATIONS Corrosion Control Chemical 17 ITB #16-20 4.5 The vendor or manufacturer shall provide engineering and technical assistance, as needed, regarding the application of its product and disposal and handling of residues and sludges produced by the application. 5. REFERENCES. Each Bidder shall submit with their bid a list of at least three (3) references, to include phone numbers, that use or have used similar poly/ortho blended products in a Florida drinking water system within the last three (3) years. 6. DELIVERY. 6.1 Vendor is responsible for delivering, unloading and storing drums at water treatment plant sites. 6.2 Chemical must be delivered in plastic bags contained within a moisture tight drum style container with lid. Drums must weigh no more than 300lbs. 6.2.1 Super sacs, and paper bagged products are prohibited. 6.2.2 Metal drums must be returnable. 6.2.3 Carboard drums must be recyclable. 6.3 Vendor must always contact water plant personnel prior to making any delivery or maintenance visits; Vendor cannot enter water plant without water plant operator being onsite. 6.4 Each of the three (3) water treatment plants has storage space for ten (10) to fifteen (15) drums. Delivery frequency is expected to be approximately every six (6) weeks. 6.5 Not all facilities have forklifts. Deliveries to Water Treatment Plant 3 (WTP3) must be offloaded by the vendor using a powered lift gate. 6.6 Chemical must be able to be delivered within three (3) business days of being ordered. 6.7 The City of Clearwater, at its discretion, reserves the right to change quantities and delivery dates of any previously scheduled delivery with a twenty-four (24) hour advance notice. 6.8 The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. 6.9 Delivery shipments which fail to meet any contract specifications stated in this document shall be rejected. If a delivery shipment is rejected by the City of Clearwater, upon notification, the Vendor shall be required to ship a replacement delivery to the affected location within twenty- four (24) hours from the time of notification. Failure to provide replacement product that meets the specification of this agreement in the manner above will constitute failure to comply with the delivery requirements set forth in this document. 6.10 Split deliveries to multiple locations will be coordinated and accepted by the City of Clearwater to encourage economical delivery of product dependent on storage capacities at time of delivery. DETAILED SPECIFICATIONS Corrosion Control Chemical 18 ITB #16-20 6.11 Delivery locations: Site Name Site Address Delivery Hours Phone Contact (1st and 2nd contacts) Clearwater - RO1 1657 Palmetto St, Clearwater FL 33765 6:30am-10:30pm M-F 1. 727-224-2466 2. 727-434-4135 Clearwater - RO2 21133 US 19 N, Clearwater FL 33765 6:30am-10:30pm M-F 1. 727-200-3229 2. 727-224-7736 Clearwater - WTP3 2721 SR 580, Clearwater FL 33761 2 hours daily, call 1. 727-224-2466 2. 727-434-4135 7. PAYMENTS AND PENALTIES. 7.1 Receipts: The vendor shall provide one (1) original and one (1) copy of the receipt for every delivery of chemical. The receipts shall include company name, date, time of arrival, time of departure, trailer tag number, driver’s signature, Vendor’s personnel signature, include weight for wet, dry and gallons as applicable and any other information required by any applicable regulatory agency. These receipts shall be left with the Water Manager and/or Plant Operator at the delivery site on the same day of delivery. 7.2 Invoices: The Vendor shall submit an invoice to the City of Clearwater Public Utilities Accounting Division, address provided below, for payment upon their schedule but not more frequently than once every thirty-day period. Included with the invoice shall be the chemical application site log/ticket for each location which must include and summarize each load ticket number and summary of wet pounds, dry pounds and gallons sent to each site and other information requested in the form and a certificate of analysis for the site delivery. Such form shall be signed and dated by an authorized representative of the company. No invoice for payment shall be accepted without the completed record keeping form. Difference between invoiced and calculated volumes must be reconciled between the Vendor and the Water Manager and Public Utilities Assistant Manager before payment on the disputed volume is authorized. Vendor shall also provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation on an as-needed basis to assist with payment processing. Public Utilities Accounting Division 1650 N. Arcturas Ave., Bldg. C Clearwater, Fl 33765 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. DETAILED SPECIFICATIONS Corrosion Control Chemical 19 ITB #16-20 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 $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 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. 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: Procurement Division, ITB #16-20 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 Corrosion Control Chemical 20 ITB #16-20 1. BEGINNING AND END DATE OF INITIAL TERM. March 2020 - February 2021 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. Two (2), 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 PPI #061302 Inorganic Chemicals, 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 Corrosion Control Chemical 21 ITB #16-20 1. BID SUBMISSION. Submit one (1) signed original bid, one (1) copy 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. Edit list as appropriate – add/delete: 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 form Offer Certification form Scrutinized Companies form Certificate of Analysis (COA) Safety Data Sheet (SDS) Minimum of three customer (3) references, see pg.17 BID PRICING Corrosion Control Chemical 22 ITB #16-20 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Corrosion Control Chemical to the City of Clearwater at the price(s) stated below. Name of Product Pounds per day required to treat 11 MGD to 1 MG/L total P as PO4* Price per Pound Delivered Total Cost of Treatment /lb $ x = *Show the formula used to derive pounds per day DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS The City of Clearwater’s standard payment terms are NET30. Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Corrosion Control Chemical 23 ITB #16-20 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: ____ REFERENCES Corrosion Control Chemical 24 ITB #16-20 Instructions: The bidder shall submit a minimum of three (3) customer references that use or have used similar poly/ortho blended products in a Florida drinking water system within the last three (3) years. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: VENDOR INFORMATION Corrosion Control Chemical 25 ITB #16-20 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: SCRUTINIZED COMPANIES Corrosion Control Chemical 26 ITB #16-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies 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) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION Corrosion Control Chemical 27 ITB #16-20 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: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Corrosion Control Chemical 28 ITB #16-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #16-20, Corrosion Control Chemical Due Date: February 19, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement 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 #16-20, Corrosion Control Chemical Due Date: February 19, 2020 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7553 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against General Underground, LLC to recover $1,818.10 for damages to city property. (consent) SUMMARY: On July 31, 2018, an employee of General Underground, LLC hit a 2-inch PE gas main line with a directional bore at 447 Denise Street, Tarpon Springs, FL. Repairs to the gas line cost $1,818.10. Demand letters have been sent to General Underground, LLC but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 59007590-545900 Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7554 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against ACERBO, Inc. to recover $1,579.97 for damages to city property. (consent) SUMMARY: On March 26, 2019, an employee of ACERBO, Inc. hit a 2-inch PE main gas line apart from a 2-inch Tee at road crossing with an excavator at 1529 Highland Park Drive, Largo, FL. Repairs to the gas line cost $1,579.97. Demand letters have been sent to ACERBO, Inc. but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 59007590-545900 Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7594 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) SUMMARY: On July 19, 2018 the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel subsequently filed several foreclosure lawsuits against blighted properties. Based on the program’s initial success and the outside counsel’s capacity to handle more cases, city staff has identified several additional non-homestead properties as viable candidates for foreclosure based on such variables as: 1) the amount of the City’s lien; 2) whether the property is currently in compliance with city codes; and 3) whether there are any superior liens on the property. The properties that have been identified as viable foreclosure candidates are: 1.1118 LaSalle Street 2.1122 Carlton 3.401 N. Garden 4.1766 Murray 5.703 James Street The liens that the City seeks to foreclose also attach to any other non-exempt real property that the violator owns. As a result, additional properties may be included in the foreclosure action. Therefore, the City seeks authority to initiate foreclosure actions to recover the amounts owed on the municipal liens that attach to the properties listed above. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2020 Owner Name Property Address MCEB Lien Lot Clearing Lien Utility Lien Pat Brooking 1118 LaSalle Street 227,700.00$ -$ -$ The Estate of Jeremiah Clark 1122 Carlton 49,800.00$ 335.00$ 673.86$ JPAC, LLC 401 N. Garden -$ -$ -$ Michelle Lamontaghe 1766 Murray 62,100.00$ 335.00$ 269.96$ 703 Jones St, LLC 703 James Street 12,800.00$ -$ -$ Demo Lien -$ -$ 27,444.24$ 17,000.00$ -$ Violations Exterior Surface Issues, Door and Window Maintenance, Lot Clearing Exterior Surface Issues, Roof Maintenace, Lot Clearing, Exterior Construction Storage Unsafe Building Unsafe Building, Lot Clearing, Exterior Surface Issues Exterior Surface Issues Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9378-20 2nd rdg Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9378-20 on second reading, vacating a portion of a dedicated right-of-way, described as that part of Lots 1 and 12, Midway Subdivision, according to the map or plat thereof, as recorded in Plat Book 13, Page 4 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2020 1 Ord. No. 9378-20 ORDINANCE NO. 9378-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A DEDICATED RIGHT-OF-WAY, DESCRIBED AS THAT PART OF LOTS 1 AND 12, MIDWAY SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 4 OF THE PUBLIC RECORDS OF 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 right- of-way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way 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 10-foot wide Right-of-Way, and Drainage & Utility Easement, over, under and across the real property described in Exhibit “B” (attached hereto and incorporated herein) to support existing and future facilities therein by the City of Clearwater. 2 Ord. No. 9378-20 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 EXHIBIT B S HERCULES AVE GULF-TO-BAY BLVD ROGERS ST S CIRUS AVE S NIMBUS AVE 525 535 545 555 565575 408 540 410411 409 203020072015200220132000202120052009202520112027201720081996AERIAL MAP Proposed Right-of-Way Vacation ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Right-of-Way Vacation with 10' Right-of-Way, Drainage & Utility Easement Retained2001 Gulf-to-Bay Blvd. & 511 S Hercules Ave. Page 1 of 1Aerial Flown 2019 Date:1/28/2020 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2001Gulf to Bay Blvd.mxd WDMap Gen By:RBReviewed By:298BGrid #:13--29s-15eS-T-R: 10' Right-of-Way, Drainage & Utility Easement Retained 5112001 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9379-20 2nd rdg Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9379-20 on second reading, vacating a 70-foot drainage and utility easement, as described in Official Records Book 5880, Page 3443 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2020 EXHIBIT A 1 Ord. No. 9379-20 ORDINANCE NO. 9379-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 70 FOOT DRAINAGE & UTILITY EASEMENT, AS DESCRIBED IN OFFICIAL RECORDS BOOK 5880, PAGE 343, OF THE PUBLIC RECORDS OF 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 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 as follows: See Exhibit “A” Is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. No. 9379-20 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 WOODLAWN ST 1st AVE WWOODLAWN LOOPS MYRTLE AVE SCRANTON AVE S MYRTLE AVE 833 831 827 825821819815813809 806822807 8136358036328178318116381504 1514 1514 1508 1511 AERIAL MAP PROPOSED DRAINAGE & UTILITY EASEMENT VACATION ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\803_Woodlawn Loop.mxd803Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Drainage & Utility Easement Vacation803 Woodlawn Loop Page 1 of 1Aerial Flown 2019XXXXGrid #:XX-XXs-XXeS-T-R:Date:1/29/2020WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7646 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Park Redevelopment Status - Michael Delk, Assistant City Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2020 City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 1 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY Downtown Clearwater Waterfront Development Opportunities Harborview Site (Cleveland St. and N. Osceola Ave), City Hall Site (Pierce St. and S. Osceola Ave.), and Pierce St. Site (Pierce St. and S Osceola Ave). Request for Expressions of Interest City of Clearwater WORKING DRAFT FOR DISCUSSION PURPOSES ONLY Image Copyright Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 2 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY TABLE OF CONTENTS I. Summary of Development Opportunity ............................................................................................................... 3 II. A Downtown Poised for Transformation ............................................................................................................... 5 III. Project Goals ............................................................................................................................................................. 11 IV. Site Details ................................................................................................................................................................. 12 V. Regulatory Framework ............................................................................................................................................ 16 VI. Submission Requirements ..................................................................................................................................... 17 VIII. Selection Schedule & Contact ............................................................................................................................ 19 City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 3 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY I. Summary of Development Opportunity The City of Clearwater (“The City”) and the Clearwater Redevelopment Agency (“CRA”) are jointly seeking expressions of interest from respondents to develop three prime waterfront sites in Downtown Clearwater. The City invites qualified applicants to submit expressions of interest and qualifications for the transformation of the three City-owned sites into vibrant mixed-use properties that will bring activity and regeneration to Downtown, in support of the City’s and the CRA’ vision for Downtown. The City and CRA will ultimately seek to select one or multiple qualified Development Team(s) to redevelop the sites through one or more future Requests for Proposals. Responses to this RFEI will inform the timing and design of upcoming RFP(s). The three parcels represent a prime development opportunity in the heart of Downtown Clearwater. Each of these sites will offer unparalleled waterfront views, as well as adjacency to Downtown amenities, including the new Imagine Clearwater waterfront park—a $64 million dollar transformation of the city’s Downtown waterfront into additional greenspace, marina facilities, playgrounds, gardens and entertainment venues. The sites are also conveniently located a short distance from the world-renowned Clearwater Beach. The sites are all located along Osceola Avenue, in the heart of Downtown Clearwater. The first parcel, the former site of the Harborview Center (+/- 1.5 acres), is located at the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor. Today, it is a vacant site adjacent to Clearwater’s library and is planned to be the main entry point from Downtown to the new waterfront park. The Harborview site is the City’s greatest priority for redevelopment out of the three sites, given its pivotal location, including its immediate adjacency to the park entrance. The other two redevelopment sites are the City Hall site (+/- 2.88 acres) and the Pierce St. site (+/- 1.3 acres). The City Hall site is located at 112 S. Osceola Ave, at the intersection of Pierce St. and Osceola Ave. The City has relocated the functions of City Hall to a new building in Downtown and is exploring the potential of preserving and reusing the City Hall building to host a cultural attraction on-site in conjunction with redevelopment. The Pierce St. site is an empty lot located at the intersection of Osceola and Pierce St., across from the City Hall site. Figure 1: Waterfront Sites Downtown Clearwater is experiencing a significant uptick in investment and is strengthened by an emerging arts scene, a variety of international cuisines, and numerous special events. The City and CRA are committed to the success of the project and envision these parcels as a major opportunity to create more residential Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 4 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY concentration in downtown, and to connect Imagine Clearwater’s waterfront amenities with the Downtown Core. With the recent creation of an Opportunity Zone in this area, the City continues to work closely with downtown stakeholders to promote private redevelopment in parallel with the City’s significant public improvement projects. The City and CRA are open to one developer or development team who may be interested in developing one, two, or all three of the sites, understanding that the Harborview site is of special priority to the City. The optimal development partner(s) will be an experienced team that can successfully deliver a mixed-use development program that advances the City and the CRA’s vision for Downtown and its waterfront. The City’s goals for the redevelopment of the sites are explained in detail in sections III and IV of this document. The City is required by City Charter to hold a public referendum to sell or lease the Harborview and City Hall sites for non-public uses; the Pierce St. site does not require a referendum for its disposition. The City plans to schedule this referendum at the end of 2020, in order to hold sufficient time to conduct market research and gather input from potential respondents. The selection of a development partner will occur in two phases. In this first phase, the Request for Expressions of Interest (RFEI), interested parties are requested to present information on their vision for development, as well as qualifications, past project experience, and capacity to support this development based on track record. The responses and information gathered from the RFEI process will be used to shape the disposition strategy for all three sites, including details for the City-led referendum for the Harborview and the City Hall sites and the subsequent Request for Proposals (RFP) stage. In the second RFP phase, the City and CRA intend to invite respondents to respond to one or more RFPs for redevelopment of the sites. The RFP(s) will ask respondents for greater detail, including but not limited to a specific program proposal, a detailed financial plan, and a detailed management structure for construction and property management. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement by the summer of 2021. City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 5 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY II. A Downtown Poised for Transformation REGIONAL CONTEXT The City of Clearwater, located on the West Coast of Florida, is the third largest city in the Tampa Bay region, with an estimated population of 116,000 residents. The Tampa bay region is one of the most dynamic and fastest-growing metro areas in the country, with a current population of 3.14 million. Last year, the MSA earned the ninth spot on the Census list for top metro areas in numeric growth (2017-2018), after experiencing an influx of more than 50,000 new residents (1.6% growth, more than double the national rate).1 Clearwater is centrally located on the Pinellas County peninsula near the cities of Tampa and St. Petersburg. Clearwater is a short drive to two international airports serving 22 million passengers annually and Port Tampa Bay, Florida’s most active port, and offers rail and interstate access connecting businesses to Miami, Orlando and Jacksonville, Florida's largest economies. World famous Clearwater Beach is at the heart of the Pinellas County tourism market, drawing 5 million visitors each year. Based on millions of reviews, the 2019 TripAdvisor Travelers’ Choice Award ranked Clearwater Beach No. 1 in the United States for the second year in a row, and No. 6 in the world. The City of Clearwater is home to the Philadelphia Phillies for spring training and a minor league baseball team, the Clearwater Threshers. The city also hosts several sports tournaments throughout the year that attract visitors from across the country. Clearwater is the home of the Clearwater Marine Aquarium and Winter the Dolphin, the subject of the “Dolphin Tale” book and movies. As the county seat, the city supports a large number of county and municipal offices and is home to a growing and diverse business climate with established businesses in finance, information technology, software, insurance, marine science, medical technology, tourism and advanced manufacturing. Clearwater’s vibrant business community is drawn to its strong local workforce and a coastal lifestyle that offers variety of outdoor recreational activities, world-class entertainment and professional and collegiate sporting events. CITY GOVERNMENT In the past 20 years, Clearwater has secured a reputation for the unique ability to balance major redevelopment and tourism projects while maintaining high-quality infrastructure. The City operates under a council/manager form of government. Policymaking and legislative authority are vested in the City Council, which consists of a mayor and four members elected at large on a nonpartisan basis. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for appointing the heads of the City’s departments. This structure has allowed the city to secure long-term commitments to funding major improvements in recreation facilities, stormwater infrastructure and roadways. Clearwater is a traditional full-service municipality with additional services including water supply and distribution, public libraries, a gas utility, marina operations and an airpark. The City continues to proactively fund capital projects to support the City’s five utility operations, which consist of Water and Sewer, Stormwater, Solid Waste, Recycling, and Gas Utility operations. A total of $56.0 million is budgeted for utility capital projects for fiscal 2019 with a total of $331.8 million budgeted over the next six years. 1 U.S. Census, American Community Survey 2017 City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 6 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY The City has an annual budget of $542.2 million. The City’s assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources at the close of fiscal year 2018 by $958.7 million (net position). Of this amount, $251.6 million (unrestricted net position) may be used to meet the government’s ongoing obligations to citizens and creditors. The City’s total net position increased by $19.2 million, or 2.0%, from the prior year’s net position, as restated. Net position for governmental activities increased by $3.3 million, or 0.71%, while the business- type net position increased by $15.9 million, or 3.3%. IMAGINE CLEARWATER While Clearwater has historically lagged Tampa and St. Petersburg in terms of new development, Clearwater is experiencing a significant uptick of investment in its Downtown, signaling a new phase of revitalization for the city. The three sites included in the RFEI are part of the Imagine Clearwater master plan area, which includes the area west of Osceola Avenue, bordered by Drew Street to the north and Court Street to the south. The master plan features a signature waterfront park, as well as enhancements in surrounding publicly- owned buildings, cultural spaces, and open space. The City expects that the highly-amenitized Imagine Clearwater plan will generate significant economic and community benefits for Clearwater. The new urban parks and surrounding improvements will allow residents and visitors to connect with nature and the arts, convene with family and friends, and enjoy a variety of activities through city-led programming efforts. Studies of parks across the U.S demonstrate that successful and highly-programmed parks and recreational uses can generate significant economic activity by increasing property values and driving economic development in communities, enhancing the visitor economy, supporting regional resident and business attraction, and job-creation.2 The $64 million dollar transformation of the downtown waterfront, which voters backed on a referendum in November 2018, will include additional greenspace, marina facilities, playgrounds and an outdoor amphitheater. The park will also feature a scenic lake and gardens, family-friendly play spaces and a “bluff walk” which will extend from Drew St. all the way south to Pierce St., bordering the waterfront properties included in the RFEI. Additionally, the park will feature an outdoor concert venue, drawing regional crowds to Downtown Clearwater. The Clearwater Main Library, designed by Robert M. Stern architects, is expected to undergo $6.1 million of improvements as part of the plan. The Main Library is a waterfront property, adjacent to the Harborview site. As part of the economic development strategy that is driving many of these investments, the City also plans to explore the possibility of development opportunities which include a museum and/or cultural institution in the now vacant City Hall building, now that City Hall functions have moved to another building in Downtown Clearwater. Construction of the park will begin in 2020 and is expected to be completed by 2022. Currently, designs have been completed at the 60% conceptual design stage by a design team led by Stantec. Figures 3 to 5 show recent renderings for the park. Visit the Imagine Clearwater website for more information on the plan and recent design progress. 2 National Recreation and Park Association, Promoting Parks and Recreation’s Role in Economic Development, 2018 City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 7 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY Figure 2: Imagine Clearwater Master Plan – Site Plan Figure 3: Imagine Clearwater waterfront park (30% stage renderings) Stantec City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 8 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY Figure 4: Imagine Clearwater waterfront park (30% STAGE renderings) Figure 5: Imagine Clearwater waterfront park (30% stage renderings) Stantec Stantec City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 9 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY DOWNTOWN CONTEXT In the Spring of 2014, Clearwater refocused its efforts on downtown revitalization by sponsoring an Urban Land Institute (ULI) Advisory Panel to provide strategic advice on public investments to improve the downtown. The panel recommended a series of projects including the Imagine Clearwater Master Plan, North Marina Master Plan and Streetscape Phase III/Market Festival project. Each of these projects are actively in design or under construction and will create new public amenities for boating, cycling, walking and enjoying the waterfront. In 2018, the City adopted the Clearwater Downtown Redevelopment Plan and an updated zoning ordinance that set the stage to build a vibrant, mixed use community with reduced parking requirements, a wide range of allowable uses and generous density and building height allowances. As identified in the ULI study, the City and the CRA are emphasizing the creation of a significant residential concentration in and around the Downtown Core that will strengthen the vibrancy of downtown’s retail, office, recreational, and entertainment uses. The three available City-owned sites are in the heart of Downtown Clearwater, offering unparalleled waterfront views of the Intracoastal Waterway, as well as direct access to Downtown. The sites are also conveniently located a short distance from world-renowned Clearwater Beach. The CRA envisions these parcels as a major opportunity to facilitate its strategy to increase residents and activity in downtown. Downtown Clearwater offers an emerging arts scene, a variety of international cuisines, and numerous special events and concerts along Cleveland Street and the existing Coachman Park. It is home to Tampa Bay’s only unicorn company, KnowBE4, and the Capital Theater, a live music venue that is the highest grossing theater of its size in the United States. Below is a list of projects that have occurred or are underway in Downtown: The completion of The Nolen (2017), a mixed-use development with 257 apartment units, 24,000 square feet of commercial space and 300 parking spaces. The Nolen was acquired by NM Residential in July 2018 for $44.5 million. The completion of 1100 APEX (2019), a mixed-use 15-story development with 134 apartment units, 4,348 square feet of commercial space and 202 parking spaces. The completion of Madison Point, an 80-unit age and income restricted development, at 400 S Martin Luther King, Jr Avenue. A recently CRA-acquired 60+ space surface parking lot at the intersection of Cleveland Street and S Martin Luther King, Jr Avenue that will provide public parking for retail customers visiting nearby businesses. The completion of The Ring (2018) a co-working space that meets the WELL standards for human health and wellness. The “Best of Bay – People's Choice” award for the Dreams of Dali virtual reality exhibit Over $2 million in CRA grant funds to support 13 new restaurants and bars. North Marina Master Plan Improvements. Complete street studies for Drew St and Fort Harrison St. Renewal of the Pinellas County TIF funding for the Clearwater CRA ($1.5 million annually) Community Redevelopment Agency The CRA is dedicated to the revitalization of downtown. The agency will work closely with respondents to ensure the successful redevelopment of these properties and to connect developers with other private redevelopment opportunities. The CRA is currently soliciting letters of interest for the following properties in the CRA: 1250 Cleveland Street (1+ acres) - multistory apartments and market garden City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 10 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY 306 S Washington Ave (2+ acres) - multistory apartments and structured parking 115 South MLK Jr Ave (.5 acre) - retail/restaurant/brewpub Figure : Capitol Theatre, Downtown Clearwater Figure 6: Downtown Clearwater Ruth Eckerd Hall City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 11 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY III. Project Goals As part of the Imagine Clearwater master plan vision, the three parcels on the bluff were identified as a major opportunity to strengthen the vibrancy of Downtown Clearwater alongside the new iconic waterfront park. These sites all have direct access to the waterfront park and its amenities, offer unparalleled waterfront views, and are an important point of connection between the waterfront and the rest of the Downtown Core and its major commercial corridor along Cleveland Street. The City and CRA have five major project goals for the redevelopment of the three waterfront properties included in this RFEI, listed below in order of relevance. 1. Increasing vibrancy and economic activity in Downtown Clearwater. The City/CRA expect that these development projects will increase Downtown’s residential population and as a result will increase the level of downtown activity. 2. Supporting activation of the new waterfront park. The Imagine Clearwater vision is anchored by a signature waterfront park, which would benefit from a complementary mix of active uses on adjacent properties to ensure that the park is lively across a range of times and seasons. 3. Improving connection between the waterfront and the rest of Downtown. Projects developed on the sites should enhance the pedestrian experience for residents and visitors, knitting the new activity at the waterfront back to the core of Downtown. 4. Setting a precedent for future Downtown development. Imagine Clearwater is a transformational project, and the City expects that redevelopment of neighboring properties will follow and be instrumental in the creation of a cohesive vision for a more vibrant Downtown. 5. Generating a financial return for the City. The City/CRA expects to generate revenues from the disposition and redevelopment of the site, including both revenues from sale or leasing of the parcels and new tax revenues. The City and the CRA will utilize the responses and information gathered from the RFEI process to inform the disposition strategy for all three sites, including details for the City-led referendum for the Harborview and the City Hall sites and the subsequent RFP stage. Stantec City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 12 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY IV. Site Details The City’s three available development parcels are all located along Osceola Avenue in the heart of Downtown Clearwater and offer unparalleled views of the Intercoastal Waterway and key connection to the new waterfront parks. The points discussed in the section below outline the City’s and the CRA’s preferences for the redevelopment of the three sites and potential developer partnership structures. The City and the CRA seek to validate and refine their approach and preferences through this RFEI and will prioritize respondents that successfully integrate the City’s/CRA’s preferences within their visions for the sites. Any proposed divergences from the stated policy preferences should be flagged and explained. It should be noted that Harborview site is the City’s and the CRA’s priority for disposition, and that the City and the CRA wish to see RFEI responses that include, as part of their development proposal, a vision for the Harborview site, in addition to City Hall and Pierce St. sites, should respondents choose to pursue either of those two development opportunities. OVERALL CONSIDERATIONS All three sites are located in an Opportunity Zone. The City/CRA are open to a mix of rentals and condos in the sites with a minimum target of 150 rental units across the three sites. The City/CRA have identified ground-floor retail as a requirement to the Harborview site. Although ground floor retail is not a specific requirement for the City Hall and the Pierce St. sites, active ground floors are a priority. Any proposed project must comply with the Downtown Design Guidelines, which require quality architectural and site design, an urban development pattern and the use of materials that enhance the attractiveness of Downtown Clearwater’s built environment. The City/CRA are open to two types of transactions—sale or ground lease for any of the three properties. The City believes that a long-term lease for those two sites can be a viable structure to secure public support for redevelopment but is open to other alternatives. Public support is especially critical given the need for referendum approval prior to the redevelopment of the Harborview and the City Hall sites. Figure 8: Development Sites City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 13 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY HARBORVIEW SITE Key Information The Harborview site (+/- 1.5 acres*),3formerly housed the City’s Harborview Center, which was demolished in February of 2019 to give way for other development uses. It is located at near the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor, and is envisioned as the main entrance to the new waterfront park and a key component of the City’s vision for Downtown Clearwater. Located directly across from the heart of the planned waterfront park, the Harborview site will truly be the park’s “front door.” The site is also adjacent to Clearwater’s main public library building, designed by Robert A.M. Stern Architects, which is undergoing a renovation as part of the Imagine Clearwater master plan. Moreover, the site’s topographical condition, sitting above the bluff, may allow for the construction of parking below the building, tucked into the natural hillside. GIS shapefiles for each of the sites are available on the City’s RFEI portal. Core Considerations There is a strong preference for rental housing product and a requirement for active retail uses, such as a café or restaurant, on the ground floor on this site. The City/CRA would also be open to a potential hotel use on this site, should respondents deem that use desirable. The proposed project should also improve public access to the park from Osceola, both along the entry plaza and Library side of the building, including an active edge on the park side of the building along the bluff walk. The City and CRA prefer that future development on sites adjacent to the library be respectful of the Library’s height, by remaining at or below the building’s height. The City/CRA are open to the possibility of exceeding the height of the Clearwater Main Library building if required to make the rental product financially feasible. We seek input from respondents on this matter. The Harborview site currently contains approximately 112 parking spaces used by Library patrons. Any future uses will be expected to at least partially replace these parking spaces, potentially with the support of the City’s parking funds. For planning purposes, the City and CRA currently assume that the redevelopment will accommodate approximately 50 parking spaces, though the parties are open to proposals that replace a greater proportion of the displaced parking. City parking funds can be used to offset some or all of the cost of replacement parking. Open space improvements (civic gateway, or welcome center) will be funded by the City as part of the park project. * The total buildable site area should be confirmed on the technical drawings provided on the City’s RFEI portal. The Harborview site contains a boundary, designated by the charter, which outlines the buildable area on the site. Figure 9: Harborview Center Demolition Figure 10: Harborview Site Boundary John Guerra, TBT City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 14 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY CITY HALL SITE Key Information The City Hall site (+/- 2.88 acres) is located at the intersection of Osceola Ave. and Pierce St., a half block south of the Harborview site. This site also has direct access to the future waterfront park and is an important connection between the waterfront and the rest of Downtown. The City has relocated its administrative functions from the site. The City is exploring the potential of preserving the City Hall building for reuse as a museum and cultural center. Should the City choose to preserve the building, the City would still dispose of the remaining developable area on the site. The respondent would not be expected to incur any costs related to the redevelopment of City Hall. The respondent should also consider how the proposed program may complement the proposed use and as well as the implications for the remaining developable area of the site should the City choose to preserve the building. GIS shapefiles for each of the sites are available on the City’s RFEI portal. Core Considerations: The City welcomes respondents’ ideas regarding a variety of uses on the site, potentially including, but not limited to, rental housing, condominiums, hotel, and ground-floor retail. The preservation of the old City Hall building is not a requirement for RFEI respondents (i.e., the museum can be accommodated in a new/different building within the site), and we seek respondents’ thoughts on the merits of redeveloping the site with and without the City Hall building; To the extent a cultural use is accommodated on the site, the City is open to a partnership to provide the parking needed to meet demand from the museum. The project proposal should improve pedestrian access from Osceola to the future park, and to the extent the City Hall building is not preserved, encourage an active edge on the park side of the property. Figure 12: City Hall Site Aerial View Figure 11: City Hall Site Boundary WTSP City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 15 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY PIERCE ST. SITE Key Information The third site available for disposition is the Pierce St. site (+/- 1.3 acres), located across from City Hall, at the intersection of Osceola Ave. and Pierce St. The site is currently an empty lot and has direct access to the waterfront parks. The Pierce St. site is the only of the three sites that does not require referendum approval prior to its disposition. GIS shapefiles for each of the sites are available on the City’s RFEI portal. Core Considerations: The City welcomes respondents’ ideas on a variety of uses on the site including, but not limited to, rental housing, condominiums, hotel, and ground-floor retail. Given its adjacency, respondents are encouraged to proposed ideas on this site that are complementary and relate to proposals on the City Hall site. The project proposal should consider improved pedestrian conditions and/or active ground-floor uses on Osceola and/or facing the future park. Figure 14 : Pierce Street Site Boundary Figure 13: Pierce Street Site Aerial View Google Earth City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 16 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY V. Regulatory Framework ZONING CONTEXT All three properties have a future land use plan designation of Central Business District and are within the Downtown Commercial District as well as the Downtown Core Character District. The allowable FAR is 4.0 and the allowable density is 75 units per acre or 95 hotel units per acre. The Downtown Core has no maximum height limit or ISR restrictions; however, buildings greater than 75’ in height must provide a 15’ minimum façade step back from the lower floor façade between the 3rd and 6th floors along frontages abutting public streets. Buildings greater than 150’ in height must provide an additional 15’ minimum façade step back between the 12th and 15th floors along frontages abutting public streets. With regard to parking standards, attached dwellings require one space per unit and overnight accommodations require 0.75 spaces per unit. Most other uses have no minimum parking requirements. See Table 1 of the Downtown Zoning District for the full list of permitted uses and parking standards. Refer to the Community Development Code for additional details. The Harborview site is located on a Street Type A and is considered a key corner. The City Hall and Pierce St. sites are designated a Street Type B and along Pierce the properties are a Street Type C. The Harborview site (Street Type A) must comply with the Storefront 1 Frontage standards. The other two sites along Osceola must also comply with Storefront 1 Frontage standards and along Pierce have the option of complying with Storefront 1 or 2 standards. Respondents should ultimately seek to propose development concepts that harmonize with existing and proposed adjacencies, including activation and public access for the park, and that complement the context of the surrounding district and its buildings. If the current zoning framework does not provide sufficient FAR or density, it is possible to obtain additional development potential through the Public Amenities Incentive Pool which is allocated by the City’s Community Development Board (CDB). OPPORTUNITIES FOR TAX CREDITS & ALTERNATIVE FINANCING Due to the importance of these particular downtown infill development sites, it is the intention of the CRA to consider certain development incentives to assist in making the project feasible, which could potentially include, but not be limited to, reductions in certain impact fees, workforce housing incentives, and others. Additionally, the three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. If the Developer wishes to request incentives, it should outline the anticipated needs as part of its response. Refer to Section II for a comprehensive list of available incentives. City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 17 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY VI. Submission Requirements PROCUREMENT PROCESS The selection of a development partner will occur in two phases. In this first RFEI phase, interested parties are invited to present information on their vision for development, qualifications, past project experience, and capacity to secure financing to support this development. On April 24, 2020 at 10:00AM, The City and CRA will host a round table and site visit in order to enable prospective teams to tour the sites and ask questions. The City/CRA will also accept written questions submitted by May 8, 2020. Answers will be posted on a rolling basis, but no later than May 15, 2020. Responses should be submitted electronically by May 25, 2020 at noon. The responses and information gathered from the RFEI process will be used to inform the disposition strategy for all three sites, including details for the City-led referendum for the Harborview and the City Hall sites and the subsequent RFP stage. The RFP or RFPs will ask respondents for development proposal elements including, but not limited to, a specific program proposal, a detailed financial plan and bid, and a detailed management structure for construction and property management. The target date for RFP issuance is Q1 2021. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement, with agreement finalization targeted for the summer of 2021. SOLICITATION REQUIREMENTS The City and the CRA invite development teams of one or more firms with a track record of successfully delivering mixed-use residential and/or hotel projects to submit responses to this RFEI. Complete teams should include firms with necessary development and management expertise as well as firms with necessary design expertise. Respondent teams must clearly and completely address each of the following areas in response to this RFEI: 1. Cover Letter. Responding teams should prepare a cover letter stating their interest in the opportunity, summarizing the suitability of the assembled team and the materials presented to support the RFEI response. This letter should also identify the primary contact person for the respondent organization. 2. Description of Development Team. Respondents should include a description of all firms comprising the team, including development team, and the role of each in the project. In this section, respondent teams should include a description of each organization, their mission, a chart summarizing the overall team structure, and identify key firm management. 3. Firm Experience and Qualifications. Respondents should include examples of projects that demonstrate the team’s experience with the proposed development program (mixed-use, residential condo or rental, retail, hotel) and, if applicable, experience in development partnerships with public and non-profit sector partners. City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 18 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY For all projects submitted as examples of relevant previous experience, respondents should provide: a. Project location. b. Project size and program description. c. The respondent member’s role in the project. d. Project completion date or expected completion date. e. Public sector involvement, if any. f. Total project cost and financing structure, if available; and g. A representative image or images of the project. 4. Personnel Experience and Qualifications: Respondents should demonstrate that their teams include personnel with the experience and expertise necessary to deliver a high-quality mixed-use development. Teams should include resumes for identified key personnel within the proposed team, including qualifications (within the current firm or in previous roles). 5. Development Approach. Teams should include a description of their vision for redeveloping the site or sites – responses can include any of the three sites, however, it should be noted that the Harborview site is the City’s priority for redevelopment. This section should take the form of a narrative accompanied by optional illustrations or simple diagrams, when necessary, to articulate the development approach. This section should cover at least the following aspects: a. An overall vision for the sites that articulates the vision and preliminary concept, proposed program, design and massing approach, ground floor uses and site integration with the surrounding urban fabric, including Cleveland Street and the adjacent waterfront park. b. An approach compliant with the Downtown Design Guidelines, which require quality architectural and sites design, an urban development pattern and the use of materials that enhance the attractiveness of Downtown Clearwater’s built environment; and c. Proposed development timeline and phasing, as well as preferred timing for the disposition of the sites within the context of a referendum vote for the Harborview and City Hall Sites. EXPENSES All proposers responding to this RFEI do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFEI. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. NON-CONFIDENTIALITY All proposals, qualifications, correspondence and records made thereof, are public record and handled in compliance with applicable state and local laws. City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 19 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY VIII. Selection Schedule & Contact The City and CRA’s anticipated timeline for the selection process is outlined below. Dates referring to the referendum and future stages of the procurement process (RFP and selection of development partners) are tentative and subject to change. Milestone Date RFEI Released March 30, 2020 Pre-Submittal Round Table & Site Tour April 24, 2020 RFEI Questions Due May 8, 2020 Responses posted On a rolling basis up until May 15, 2020 RFEI Response Due May 25, 2020 Referendum Preparation Period June-October 2020 Referendum Date* November 3, 2020 RFP Release** Q1 2021 RFP Response Due** Q2 2021 Partner Selected** Q3 2021 *Date is subject to change **Anticipated target date City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 20 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY Appendix I LIST OF AVAILABLE INCENTIVES For more information and a full list of the available programs please visit the City’s website. CRA Fund for Capital Improvements and Infrastructure The CRA can allocate funding on a one-time or recurring basis for capital improvements and infrastructure within the CRA district. Grant amounts can range from $500,000 – $2 million. The annual budget of the fund is $3 million. Eligible uses for CRA funds may include: a reduction of housing costs, or investments in public amenities such as streetscape improvements. CRA Tax Increment Financing (TIF) TIF is a tool used to finance local redevelopment through a revenue mechanism that pledges future CRA revenues to pay the debt service on revenue bonds. Revenue bonds are used to pay for improvements within the CRA districts as outlined in the redevelopment plans. The Community Redevelopment Act calls for private sector involvement to the maximum extent possible, to coordinate public and private sector initiatives and successfully revitalize communities which would otherwise further decline. City of Clearwater Parking Fund The City of Clearwater’s parking fund can be utilized to pay for construction of public or publicly accessible parking within the City. The fund has a current budget of $9 million. Community Development Board Public Amenities Incentive Pool If the current zoning framework does not provide sufficient FAR or density, it is possible to request additional development potential through the Public Amenities Incentive Pool which is allocated by the City’s Community Development Board (CDB). The Pool is an incentive available for projects that provide one or more improvements and/or fees in-lieu of certain improvements that provide a direct benefit to Downtown revitalization. The types of amenities eligible for bonuses are outlined in the Downtown Redevelopment Plan and include, but are not limited to: residential uses, ground floor retail, uses in particular locations and/or mixed use projects that further the Plan’s major redevelopment goals, district vision, etc. Transfer of Development Rights Program Goal/Brief Description: Property owners having extra density units or floor area ratio (FAR) available from a project within the Downtown Plan area may be permitted to convey the development rights of that non-used development potential by deed, easement, or other legal instrument authorized by the City of Clearwater to another project within the Downtown Plan area that requests an increase above the maximum permitted development potential. Opportunity Zone The three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. Opportunity Zones are economically distressed census tracts designated by the U.S. Treasury Department. By investing in an Opportunity Zone, through a qualifying Opportunity Fund, investors can defer and/or reduce their federal City of Clearwater Downtown Clearwater Development Opportunities RFEI │ 21 WORKING DRAFT FOR DISCUSSION PURPOSES ONLY capital gains tax liability. These tax benefits increase the longer investments are held. There is no cap on the amount of capital that can be invested, and the Opportunity Zone incentives can be applied to a wide range of investments in real estate and operating companies. Traffic Impact Fee Reduction To assist in the promotion of revitalization, the program designates all residential and non-residential development that locates within the boundaries of the CRA as eligible for a Transportation Impact Fee reduction. The 1990 Pinellas County Transportation Impact Fee Study indicated that projects developed within the CRA would generate significantly fewer new vehicle trips per each unit of development, making them eligible for a reduced Traffic Impact Fee. Contact: Public Works Administration, Traffic Operations - (727) 562-4750. Stormwater Retention Buy-in District In cooperation with the Southwest Florida Water Management District (SWFWMD), this Site falls within the boundary of the Prospect Lake District contributing area and is eligible to develop by permitting into the buy-in district to obtain storm water facilities on-site. The property does not have to have storm water facilities on-site as long as the developer pays into the Prospect Lake District. Any upgrades needed on existing city utilities; potable, sanitary sewer, etc. will be the responsibility of the developer. Traffic concerns will be dependent on what a developer wants to place on the site. Clearwater Gas System Incentive Natural gas is available at this site and certain incentives may apply administered by the Clearwater Gas System. Low Income Tax Credit (LIHTC) State program providing tax credits for the development/rehabilitation of affordable multi-family housing. Applications from interested developers are necessary for the consideration of providing City support for qualified multi-family housing development which meet the goals of the City and comply with applicable federal and state law. More information can be found on the City’s website. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7561 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: March Service Awards SUMMARY: 5 Years of Service: Richard Bennett Marine and Aviation 10 Years of Service: James Ford Public Utilities 15 Years of Service: Craig Krueger Fire Joseph Kraus Fire Jason Matthews Fire Jose Fernandez Fire Jeremy Jenkins Fire 20 Years of Service: Deane Murray Public Utilities 25 Years of Service: Ike George Public Utilities Randy Barnoski Public Utilities 30 Years of Service: Tracy Kimball Police William Buzzell Solid Waste Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7450 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.2 SUBJECT/RECOMMENDATION: Surveyor's Proclamation - Tom Mahony, Engineering Department Geographic Technology Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7617 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.3 SUBJECT/RECOMMENDATION: Paint Your Heart Out Clearwater 2020 - Samantha Almaraz, Board President SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2020 |1CITY OF CLEARWATER Paint Your Heart Out Clearwater |2CITY OF CLEARWATER |3CITY OF CLEARWATER |4CITY OF CLEARWATER |5CITY OF CLEARWATER |6CITY OF CLEARWATER |7CITY OF CLEARWATER |8CITY OF CLEARWATER |9CITY OF CLEARWATER |10CITY OF CLEARWATER |11CITY OF CLEARWATER |12CITY OF CLEARWATER |13CITY OF CLEARWATER |14CITY OF CLEARWATER