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05/04/2020
Monday, May 4, 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 May 4, 2020Council Work Session Work Session Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, May 4, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. City Manager Review Sustainability Progress and Programs. (WSO)2.1 3. Economic Development and Housing Approve the Substantial Amendment to the City of Clearwater’s 2019-2020 Annual Action Plan to reallocate unencumbered funding and to budget for additional funding provided by the United States Department of Housing and Urban Development (HUD) to address needs resulting from the COVID-19 Emergency. (APH) 3.1 Endorse the application for Project Last Dance and commit the City of Clearwater to provide local financial support (Local Match) not to exceed $10,000, which is ten percent of the eligible tax refund, upon certification by State of Florida Department of Economic Opportunity and adopt Resolution 20-20. 3.2 Approve Clearwater’s Back to Business Grant and Professional Services Program and adopt Resolution 20-21. 3.3 4. Gas System Page 2 City of Clearwater Printed on 5/4/2020 May 4, 2020Council Work Session Work Session Agenda Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19 and Harn Boulevard, at an estimated cost of $4,840, and authorize the appropriate officials to execute same. (consent) 4.1 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 41, at an estimated cost of $52,800, and authorize the appropriate officials to execute same. (consent) 4.2 5. Parks and Recreation Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Pinellas Park, Florida, in the amount of $175,187.59 for the renovations and replacement of the Pier 60 Bait House Grinder Pump Pneumatic Injector system and authorize the appropriate officials to execute same. (consent) 5.1 6. Engineering Approve the request from the owner of property addressed as 2850 Sunstream Lane, Clearwater, to vacate a portion of a platted utility easement, described as a part of Tract C Drainage Area, Sunstream Subdivision, according to the plat thereof, as recorded in Plat Book 143, Pages 65 through 69, of the Public Records of Pinellas County, Florida and pass Ordinance 9390-20 on first reading. 6.1 Approve the Local Mitigation Strategy developed for Pinellas County and adopt Resolution 20-18. 6.2 Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469 for the 2019 City Seawall Project (19-0021-EN), increasing the contract from $254,710.50 to $306,179.50, and authorize the appropriate officials to execute same. (consent) 6.3 7. Public Utilities Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at least $80,388.96 and authorize the appropriate officials to execute same. (consent) 7.1 8. Legal Page 3 City of Clearwater Printed on 5/4/2020 May 4, 2020Council Work Session Work Session Agenda Request for authority to settle case of City of Clearwater v. Jannelli, et al., Case No. 19-1896-CI. (consent) 8.1 Approve renewal of Legal Services Agreement with Bryant Miller Olive for a three-year period to act as Bond Counsel and authorize appropriate officials to execute same. (consent) 8.2 Approve renewal of a Legal Services Agreement with Nabors, Giblin and Nickerson to serve as Disclosure Counsel for a period of three years beginning May 15, 2020 and authorize the appropriate officials to execute same. (consent) 8.3 Adopt Ordinance 9389-20 on second reading, amending Chapter 32, Article V, Division 2, Pretreatment and Discharge Restrictions to specifically prohibit hazardous waste pharmaceuticals to add requirements for dental facilities that remove or replace dental amalgam fillings, to add reporting and waste management practices for dental facilities, to require installation, certification and maintenance of dental vacuum suction systems, and to provide exemptions from these requirements. 8.4 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19.8.5 9. City Manager Verbal Reports Solid Waste/ Recycling Complaints related to COVID-199.1 10. City Attorney Verbal Reports 11. Council Discussion Item Business Recovery Task Force Recommendations11.1 Improving State Unemployment Benefits System - Councilmember Beckman 11.2 12. 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). 13. Closing Comments by Mayor 14. Adjourn 15. Presentation(s) for Council Meeting Clearwater Housing Authority Annual Presentation15.1 Page 4 City of Clearwater Printed on 5/4/2020 May 4, 2020Council Work Session Work Session Agenda Page 5 City of Clearwater Printed on 5/4/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7735 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Review Sustainability Progress and Programs. (WSO) SUMMARY: In 2010, the City conducted its first inventory to measure its greenhouse gas emissions based on data from 2007. This inventory included the municipal, residential, commercial, and industrial sectors within city limits. Upon understanding the quantity and sources of its emissions, the City was able to work with a consultant to devise an emission reduction plan that led to the creation of Clearwater Greenprint. This sustainability plan was completed in 2011 and identified achievable strategies that could be implemented by residents, businesses, the industrial sector, and the municipal government to make Clearwater a thriving and sustainable community. The two overarching goals of the initial Clearwater Greenprint plan are: 1)To reduce city-wide greenhouse gas emission to 10% below 2007 levels by 2020 2)To reduce city-wide greenhouse gas emission to 25% below 2007 levels by 2035 The City has completed its second greenhouse gas inventory for the 2018 calendar year. According to the inventory, the community wide GHG emissions for 2018 were 1,128,690 metric tons of carbon dioxide equivalents (MTCO2e), 12.9 percent below its 2007 levels of 1,295,619 MTCO2e. Energy and Transportation fuels continue to make up the bulk of the City’s greenhouse gas emissions. To address these sectors, the City is looking to create programs to conserve energy within its municipal buildings, diversify the fuel usage of its vehicles, and work with community partners to increase solar energy and electric vehicle charging opportunities. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/4/2020 File Number: ID#20-7735 Page 2 City of Clearwater Printed on 5/4/2020 Sustainability Progressand Programs MAY 4TH, 2020 2007 Green House Gas Inventory Energy 65% Transportation 30% Solid Waste 5% Waste Water 0% 1,295,619 MTCO2e Initial Clearwater Greenprint Goals 1. Reduce citywide greenhouse gas emissions 10 percent below 2007 levels by the year 2020 2. Reduce citywide greenhouse gas emissions 25 percent below 2007 levels by the year 2035 2018 Green House Gas Inventory Energy 59% Transportation 38% Solid Waste 3% Waste Water 0% 1,128,690 MTCO2e 12.9 % decrease 0 50000 100000 150000 200000 250000 300000 350000 400000 2007 2018 Clearwater Population Growth rate = 0.005 0 50000 100000 150000 200000 250000 300000 350000 400000 Commercial Residential Industrial Municipal Energy Emissions (MTCO2e) 2007 2018 0 50000 100000 150000 200000 250000 300000 350000 400000 Passenger Freight Transportation Emissions (MTCO2e) 2007 2018 0 200000000 400000000 600000000 800000000 1E+09 1.2E+09 2007 2018 Passenger Vehicles Miles Traveled Annually Growth rate = 0.022 Meeting Our Future Goals •Reduce citywide greenhouse gas emissions 25 percent below 2007 levels by the year 2035 •Establish further emission reduction goals Energy Efficiency Updates •Municipal Energy Savings Program •Property Assessed Clean Energy (PACE) for Commercial Buildings Renewable Energy Updates •Solar Co-op Program •Duke Community Solar Program Transportation •Fleet Updates •Complete Streets Additional Updates •Residential Compost Workshop Series •Pinellas Sustainability & Resiliency Network Sustainability Progressand Programs MAY 4TH, 2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7728 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the Substantial Amendment to the City of Clearwater’s 2019-2020 Annual Action Plan to reallocate unencumbered funding and to budget for additional funding provided by the United States Department of Housing and Urban Development (HUD) to address needs resulting from the COVID-19 Emergency. (APH) SUMMARY: Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $492,592 of Community Development Block Grant Program funding (CDBG-CV) was directly allocated to the City of Clearwater for use within eligible programs to address community and housing impacts arising from the COVID-19 pandemic. HUD has also provided various regulation waivers and suspensions to provide for additional flexibility and expediency in utilizing the funding. The proposed Substantial Amendment to the 2019-2020 Annual Action Plan (Amendment) provides for the expenditure of $492,592 in CDGB-CV, $130,000 of unencumbered CDBG funding from Program Year 2019-2020 and $300,000 in HOME Investment Partnership Program funding. The funds will be distributed through four categories: Business assistance: The Economic Development and Housing Department (ED&H) will administer a program to provide grant funding and technical assistance to eligible businesses affected by the COVID-19 pandemic. Residential assistance: ED&H will administer a program to distribute funds for rental and utility assistance as well as mortgage and utility assistance to residents whose incomes have been affected by the pandemic. Public Services: For Program Years 2019-2020 and 2020-2021 and the CDBG-CV allocation, HUD has eliminated the requirement to spend no more than 15% of the respective allocation on Public Services. The proposed amendment budgets for expenditures in excess of the 15% cap for Public Services that mitigate or respond to impacts arising from the pandemic. Program administration: HUD regulations provide for up to 20% of CDBG-CV to be used for costs associated with administering these programs. The city’s General fund is not impacted by the proposed amendment. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish special program 181-G2010, CDBG-CV Fund, recognizing a budget increase of $492,592 in CDBG grant revenues from HUD, and a transfer Page 1 City of Clearwater Printed on 5/4/2020 File Number: ID#20-7728 of $131,000 in CDBG revenues from 181-G2004, Public Facilities. Page 2 City of Clearwater Printed on 5/4/2020 SUBSTANTIAL AMENDMENT TO THE 2019/2020 ANNUAL ACTION PLAN FOR THE CITY OF CLEARWATER, FLORIDA DRAFT April 24, 2020 DRAFT 04/24/2020 1 of 4 AMENDMENT SUMMARY Background In response to the Coronavirus Pandemic (COVID-19) the United States Department of Housing and Urban Development (HUD) has notified the City of Clearwater that it will receive an allocation of $492,592 of Community Development Block Grant Program – Coronavirus Response funds (CDBG-CV) to be used to prevent, prepare for, and respond to COVID-19. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing effects of this historic public health crisis. The City of Clearwater’s federal Annual Action Plan details the funding strategy for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs each year. The Annual Action Plan implements a jurisdiction’s multi-year Consolidated Plan and is developed through significant citizen participation, analysis, and planning. The City’s Citizen Participation Plan (CPP) describes the efforts that the City will take to encourage the community to participate in plan development. It also describes the process for amending the Consolidated Plan and/or Annual Action Plan when necessary. The following changes require a “substantial” amendment to the plan and must be publicly noticed as described in the CPP: 1. There is a reallocation/reprogramming of funds equaling more than 50 percent in the aggregate of the City’s combined CDBG and HOME allocations to an activity(s) previously described in the Consolidated Plan and/or Annual Action Plan(s). 2. There is a reallocation/reprogramming of funds equaling more than 25 percent in the aggregate of the City’s annual CDBG and HOME entitlement for that program year. 3. A decision is made to carry out an activity not previously described in the Consolidated Plan and/or Annual Action Plan(s), including program income. 4. The purpose, scope, location(s) or beneficiaries of an activity are substantially changed. An activity will be considered substantially changed when any of the following criteria applies: a. The activity will no longer principally benefit the targeted population as identified in the Consolidated Plan and/or Annual Action Plan(s). b. The activity will no longer address the low- and moderate-income needs identified in the Consolidated Plan and/or Annual Action Plan(s) or the activity ceases to address the qualifying National Objectives as per 24 CFR Part 570.208. c. The activity location changes so that the completed activity will principally serve beneficiaries other than those originally intended. SUBSTANTIAL AMENDMENT TO THE 2019/2020 ANNUAL ACTION PLAN FOR THE CITY OF CLEARWATER, FLORIDA DRAFT April 24, 2020 DRAFT 04/24/2020 2 of 4 d. The scope of the activity has increased to the point where its completion would result in the inability to carry out another approved activity, or would require reducing the scope of another activity to a point where it would not accomplish its intended purpose. Proposed Substantial Amendment The City is proposing to amend the Annual Action Plan to account for the following funding: • Adjustment adding CDBG-CV ($492,592) for activities aimed at responding to and recovering from the COVID-19 pandemic; • Reallocation of CDBG ($230,000) funds resulting from projects that did not/will not materialize; • Reallocation of HOME ($300,000) funds to support an emergency rent/mortgage/utility payment assistance program; • Reduction of CDBG ($306,000) and reallocation of HOME ($657,020) funds resulting from projects that did not/will not materialize; • Adjustment to increase HOME administration to 25% of current year entitlement ($57,596), as provided for by HUD to address increased administrative costs brought on by the COVID-19 pandemic. The total amount to be added is $492,592, the total amount to be reallocated/reprogrammed to other projects is $887,020, the total amount reduced due to program income not materialized is $351,000 (- $306,000 and -$45,000). The proposed amendment will program or reallocate/reprogram this funding to the following activities: Project Name Previous Amount Amended Amount Change (+) (-) Change Summary CDBG-Public Facilities (TBD) CDBG-$306,000 CDBG-$0 -$306,000-CDBG Subtracts $306,000 of program income not materialized CDBG-Belmont Park (NEW PROJECT) CDBG-$0 CDBG-$99,000 +$99,000-CDBG New project funded with pool of $230,000 in reprogrammed funds from 3 other CDBG projects (BD Façade Improvements, ED TBD, and Owner-Occupied Land Acquisition) CDBG-Public Services-COVID19 Expenses (NEW PROJECT) CDBG- $0 CDBG-$131,000 +131,000-CDBG New project funded with pool of $230,000 in reprogrammed funds from 3 other CDBG projects (BD Façade Improvements, ED TBD, and Owner-Occupied Land Acquisition) CDBG-Administration/Planning CDBG-$197,809 CDBG - $251,327 +$53,518-CDBG Adds $98,518 in COVID-19 related admin. funding and subtracts $45,000 in program income not materialized CDBG-Business Assistance-COVID-19 (NEW PROJECT) CDBG-$0 CDBG-$394,074 +$394,074-CDBG New project funded with new COVID-19 funding $492,592 subtract $98,518 for 25% admin. SUBSTANTIAL AMENDMENT TO THE 2019/2020 ANNUAL ACTION PLAN FOR THE CITY OF CLEARWATER, FLORIDA DRAFT April 24, 2020 DRAFT 04/24/2020 3 of 4 All other activities and funding not listed above will be unaffected by the proposed amendment. Analysis This proposal qualifies as a substantial amendment because it meets two (2) of the four (4) criteria within the CPP: • There is a reallocation/reprogramming of funds equaling more than 25 percent in the aggregate of the City’s annual CDBG and HOME entitlement for that program year; and • A decision is made to carry out an activity not previously described in the Consolidated Plan and/or Annual Action Plan(s), including program income. Public Process The City of Clearwater will provide a public notice in the newspaper advertising a 5-day public comment period as part of the CPP requirements. In order to timely respond to the COVID-19 emergency, HUD has reduced the required public comment period to 5 days. The 5-day public comment period will begin on April 27, 2020. Additionally, two (2) public hearings will be held to provide opportunities for public comment: • Neighborhood & Affordable Housing Advisory Board (NAHAB) Meeting, May 1, 2020, 2:00 p.m., Council Chambers located at the City’s Main Library, 100 N. Osceola Avenue, 33756 CDBG-Business Development (Façade Improvements) CDBG- $80,000 CDBG- $0 -80,000-CDBG Reprograms $80,000 to new projects, Public Services-COVID- 19 and Belmont Park improvements CDBG-Economic Development (TBD) CDBG- $50,000 CDBG- $0 -50,000-CDBG Reprograms $50,000 to new projects, Public Services- COVID19 and Belmont Park CDBG-Owner-Occupied Land Acquisition (Acquisition) CDBG- $100,000 CDBG-$0 -100,000- CDBG Reprograms $100,000 to new projects, Public Services- COVID19 and Belmont Park HOME-Miracles Outreach Community Development Center (New Construction) HOME- $657,020 HOME - $0 -$657,020-HOME Reprograms $657,020 to HOME- Emergency Rent/Mortgage/Utilities Assistance and HOME-Multi- Family New Construction HOME-Emergency Rent/Mortgage/Utilities Assistance (NEW PROJECT) HOME - $0 HOME- $300,000 +300,000-HOME New project funded with reprogrammed funds from HOME-Miracles Outreach Community Development Center HOME-Multi-Family New Construction (New Construction) HOME-$500,000 HOME-$857,020 +$357,020-HOME Reprogrammed from HOME- Miracle Outreach Community Development Center HOME-HOME Administration/Planning HOME-$88,398 HOME-$145,994 +57,596-HOME Adds $57,596 in HOME admin. funds added from COVID-19 (25%) SUBSTANTIAL AMENDMENT TO THE 2019/2020 ANNUAL ACTION PLAN FOR THE CITY OF CLEARWATER, FLORIDA DRAFT April 24, 2020 DRAFT 04/24/2020 4 of 4 • City Council Meeting, May 7, 2020, 6:00 p.m., Council Chambers located at the City’s Main library, 100 N. Osceola Avenue, 33756 Comments may also be provided to Charles (Chuck) Lane, Assistant Director of Economic Development and Housing, by email at Charles.Lane@myclearwater.com or phone (727)562-4023, or in writing addressed to the City of Clearwater Economic Development and Housing Department, P.O. Box 4748, Clearwater, Florida, 33758. Due to hazards related to the COVID-19 pandemic, hard copies will not be made available at public buildings for review during the Public Comment Period. Hard copies may be available upon request. The City will provide technical assistance to citizens and groups representative of persons of low and moderate income that request such assistance in the review of program activities and program amendments. In addition, the City will make adequate and reasonable provisions to assist non-English speaking residents in interpreting program opportunities and provisions on a case-by-case basis, as well as provide auxiliary aides and services for individuals with disabilities. Requests for special accommodations must contact Charles (Chuck) Lane, Assistant Director of Economic Development and Housing at the contact information above. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 20-20 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Endorse the application for Project Last Dance and commit the City of Clearwater to provide local financial support (Local Match) not to exceed $10,000, which is ten percent of the eligible tax refund, upon certification by State of Florida Department of Economic Opportunity and adopt Resolution 20-20. SUMMARY: The Florida Legislature created Florida Statute, Section s.288.106 to encourage the growth of Florida’s high wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by State of Florida Department of Economic Opportunity (DEO) for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Last Dance is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program which provides a performance-based incentive. The incentive is negotiated in advance of Project Last Dance commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Last Dance are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Last Dance expansion will increase the Company’s employment in Florida by greater than 10% and, as evidenced by staff’s economic impact analysis1 , the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Last Dance is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over five years beginning in 2021. Project Last Dance job creation schedule is as follows: PhaseNumber of net new full-time equivalent Florida jobs created in the business unit Page 1 City of Clearwater Printed on 5/4/2020 File Number: 20-20 Date by which jobs will be created I 10 12/31/2021 2 3 12/31/2022 3 3 12/31/2023 4 2 12/31/2024 5 2 12/31/2025 Total 20 Below are the types of jobs expected to be created by this Corporate Headquarters: Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($) Custom Computer Programming Services 541511 100% $56,236 Average Wage 100%$56,236 Average wages of all new jobs created by Project Last Dance is to be no less than $56,236, which is 115% of the Statewide Annual Average Wage for the year ended December 31, 2019. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of eight years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new job created and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local City of Clearwater Match award per new job created is $500 for a total Local Match of $10,000. Payment Schedule Disbursement of the fifty percent Local Match is paid out over an eight-year period for each phase in which the jobs are created. The schedule is as follows: PHASE # JOBS ELIGIBLE LOCAL MATCH FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 YR110 $5,000 $1,250 $1,250 $1,250 $1,250 YR2 3 $1,500 $375 $375 $375 $375 YR3 3 $1,500 $375 $375 $375 $375 YR4 2 $1,000 $250 $250 $250 $250 YR5 2 $1,000 $250 $250 $250 $250 TOTAL 20 $10,000 $1,250 $1,625 $2,000 $2,250 $1,250 $875 $500 $250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation & Termination Page 2 City of Clearwater Printed on 5/4/2020 File Number: 20-20 During the term of the agreement, the Local Match may be lowered under the following conditions: ·If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule award amount for that year. ·If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: ·If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. ·If the average wage falls below $56,236, the company will not receive a refund and will be terminated from the program. APPROPRIATION CODE AND AMOUNT: For fiscal year 2022/23, funds are available in special program 181-99846, Economic Development - QTI. Future year funding will be allocated during the City’s annual budget process. USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 5/4/2020 QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM WITH CASH LOCAL FINANCIAL SUPPORT PROVIDED BY TWO OR MORE LOCAL ENTITIES RESOLUTION NUMBER 20-20 A RESOLUTION BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, RECOMMENDING PROJECT LAST DANCE BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, as follows: WHEREAS, the business under consideration is a Corporate, Subsidiary, and Regional Managing Office, specifically, Project Last Dance; and WHEREAS, Project Last Dance is located/or intends to locate in the City of Clearwater, Florida; and WHEREAS, Project Last Dance has been identified as a Target Industry Business; and WHEREAS, Project Last Dance plans to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over five years beginning in 2021; and WHEREAS, City of Clearwater hereby acknowledges that local financial support of 20% of the total tax refund in an amount not to exceed $100,000 is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program (QTI); and WHEREAS, Pinellas County has agreed to participate in the provision of local financial support by committing an amount not to exceed $10,000 which is 50% of the total required QTI local financial support; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, that the Board hereby recommends Project Last Dance be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes. BE IT FURTHER RESOLVED, that the Governing Board of the City of Clearwater, Florida has determined the basis of this project’s average private sector wage commitment calculation shall be 115% of the statewide average annual wage for the year ended December 31, 2019. BE IT FURTHER RESOLVED, that the necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Last Dance in the amount of $10,000, which is 50% of the total required QTI local financial support, and that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. This resolution shall take effect immediately upon its adoption. DULY ADOPTED BY THE GOVERNING BOARD OF THE CITY OF CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, this ____ day of ____________, 2020. ATTEST: CITY OF CLEARWATER, FLORIDA Countersigned: ________________________________ By: _______________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ________________________________ ___________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk STAMP AND SIGNATURE OF NOTARY 4/20/2020 Summary Report | QTI Tax Refund | Impact DashBoard https://dashboard.impactdatasource.com/clients/5bd880953a5e3c1400201874/projects/5e9dd7b559b13f1700058c16/scenarios/5e9ddab559b13f…1/1 City of Clearwater DD ($30.0k) ($20.0k) ($10.0k) $0.0 $10.0k $20.0k $30.0k $40.0k 1 2 3 4 5 6 7 8 9 1010 IMPACT REPORT PROJECT LAST DANCE QTI Tax Refund BENEFITS $390,228 COSTS ($319,064) NET BENEFITS $71,164 JOBS 33.4 Total 20.0 Direct 13.4 Spin-off SALARIES $43,294 Avg $56,236 Direct $24,032 Spin-off CAPITAL INVEST. $560,000 Buildings + FF&E RESIDENTIAL DEV. 0.5 Homes 3.3 Relocations NET BENEFITS $71,164 Present Value $54,988 BENEFITS Sales Taxes $2,123 Real Property Taxes $0 FF&E Property Taxes $21,717 New Residential Property Taxes $5,872 Utility Revenue $220,604 Utility Franchise Fees $15,040 Miscellaneous Taxes and User Fees $85,279 Communications Services Taxes $7,406 Utility Service Taxes $23,489 State Shared Revenue $8,697 Benefits Subtotal $390,228 COSTS Cost of Government Services ($130,138) Cost of Utility Services ($188,926) Costs Subtotal ($319,064) INCENTIVE ANALYSIS $10.0k $71.2k 1.5 10 Incentive Cumulative Net Benefits NET BENEFITS OVER 10 YEARS CITY $71,164 COUNTY $72,089 SCHOOL DISTRICT $50,437 OTHER $9,853 $10,000 Total Incentive $500 Per Job 71.2% Rate of Return 1.5 Yrs Payback Period Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7744 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve Clearwater’s Back to Business Grant and Professional Services Program and adopt Resolution 20-21. SUMMARY: The COVID-19 pandemic has been declared a national, state, county, and local State of Emergency. Executive orders by the State and County have ordered the closing of several types of businesses, and others be significantly negatively impacted by CDC guidelines for “social distancing”. The orders further restrict public movement. The pandemic is causing severe economic harm to small businesses. To aid the city’s hardest hit and most vulnerable small businesses, Economic Development & Housing requests approval of Clearwater’s Back to Business Grant and Professional Services Program (also to be known as Clearwater’s Back to Business Program). The Program supports both “brick & mortar” as well as home-based businesses and is more fully described in Exhibit A of Resolution 20-21. Brick & Mortar Businesses For qualifying businesses occupying a commercial space, the city will provide: 1.$3000 “quick pay” grant to be used for business expenses including, but not limited to commercial rent or mortgage and/or utilities, vendor payments, employee wages, other. 2.Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. Non-profit organization will receive an administrative fee of 10% of total services provided. 3.$2000 grant upon completion of Professional Services obligations. Staff requests approval of $3,500,000 in General Fund Reserves to support the program described above. The City Attorney’s office has offered Legal Opinion regarding the constitutionality of the use of general fund revenue for the purposes described. Based on the facts presented, including appropriate legislative findings, Economic Development & Housing concurs with the conclusion of the City Attorney’s office that expenditures limited to Brick & Mortar Businesses serve a public purpose. Economic Development and Housing also finds the program, described above, is consistent with the principles and practices of Economic Development. That is, the use of public funds 1) Page 1 City of Clearwater Printed on 5/4/2020 File Number: ID#20-7744 will provide a direct economic impact through the retention of jobs; 2) will provide indirect impact through the generation of economic activity; and 3) will yield positive fiscal impacts for the city of Clearwater (i.e. will reduce the negative impacts to the city commensurate with the investment). Staff will endeavor to reimburse General Fund Reserves to the maximum amount possible using funds that are, or may become, available. These funding sources include, but are not limited to, Community Development Block Grant as made available by the federal CARES Act (CDBG-CV), Community Redevelopment Agency, Downtown Development Board and others. Currently, staff estimates approximately $300,000 will be reimbursed to General Fund Reserves. Home-Based Businesses For qualifying home-based businesses, the city will provide: 1.Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. Non-profit organization will receive an administrative fee of 10% of total services provided. 2.Grant equal to 1 month’s revenue, not to exceed $2000, as evidenced by appropriate financial records. Funding is provided by CDBG-CV, Community Redevelopment Agency, Downtown Development Board and others Application Process Applications will be processed via online portal and will take approximately 15-20 minutes to complete. Applicants will be served on a “first complete application, first served” basis until funds are exhausted. Termination of Program Program will end when all funds are exhausted or December 31, 2020, whichever occurs first. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/4/2020 C LEARWATER’S B ACK TO B USINESS G RANT AND P ROFESSIONAL S ERVICES P ROGRAM A COVID-19 RESPONSE PROGRAM FOR CLEARWATER’S HARDEST-HIT SMALL BUSINESSES PROGRAM BASICS •“Brick & Mortar” Businesses who Qualify will Receive: –$3000 Grant to Cover Business Expenses, and –Professional Services (Up to $1000) Including •Business Counseling, •Accounting, •Legal, •Marketing, •Web Design and Related Services, and –$2000 Grant Upon Completion of Professional Services •Home-Based Businesses who Qualify will Receive: –Professional Services (Up to $1000) as described above, and –Up to $2000 Grant Upon Completion of Professional Services PROGRAM SOURCES & USES OF FUNDS •$3.5M General Fund Reserve –Will be Allocated to Eligible Brick & Mortar Businesses Only –Will be Reimbursed to Maximum Extent Possible •CRA – Up to $225K •DDB – Up to $75K •Other Funds, if Available •$.5M CDBG-CV (CARES Act $) –Will be Prioritized for Home-Based Businesses –Any Remaining Funds will be Allocated to Brick & Mortar Businesses ELIGIBILITY* •Qualifying Business: –Has a Clearwater Business Tax Receipt for Current Year –Business Operation is Located within the Incorporated Limits of City of Clearwater –Has 1 to 25 Full-Time Equivalent Employees, including Owner –Operating Since at Least October 1, 2019; Still Open on February 29, 2020 –Expects to Return to Full Operation within Reasonable Period of Time Following Crisis •Businesses that have Already Applied for or Received Funding from County, State or Federal Programs are Still eligible –Grant Funds must Cover Expenses not Already Covered by Other Programs * Additional conditions apply. See Program Guidelines ELIGIBLE BUSINESS TYPES Public Food Service Establishments (Chapters 500 & 509 F.S.) Bars, Pubs and Nightclubs (Governor’s Order 20-68) Non-Essential Businesses (Section 5, “Safer at Home”) Short-Term Lodging and Vacation Rental Management (Collect and Remit Tourist Development Taxes) Places of Public Assembly (Section 2, “Safer at Home”) INELIGIBLE BUSINESS TYPES Publicly Traded Companies Non-Profit Corporations Businesses with Code Enforcement Liens Active Sentence for Financial Mismanagement APPLICATION PROCESS Submit Application Using Digital Online Portal Document Business Location, Status, and Employee Count Demonstrate Recent Business Income and Expenses Select Professional Services (optional for Brick & Mortar) Digitally Sign and Attest that All Information is Truthful Process Should Take 15 to 20 Minutes PROCESS FOR RECEIVING $3000 GRANT •Submits Complete Application •City Staff Reviews for Eligibility within 5 Business Days •$3000 Check is Issued PROCESS FOR RECEIVING PROFESSIONAL SERVICES & GRANT* Business Submits Completed Application Staff Reviews for Eligibility (5-7 Business Days) Refers Business to Non-Profit Partner Agency Agency Matches Business to Professional Service Provider(s) Business Completes Professional Services Program (4-8 hrs Prof. Support) All Fees are Paid by the City (up to $1000) City Processes Grant Up to $2000 * This program is intended to support long-term business recovery. Applicants should not expect immediate payment of funds. Staff and Partner Agencies will endeavor to expedite processes and services. LET’S GET BACK TO BUSINESS! BRICK & MORTAR $3000 Grant For Business Expenses + $1000 Professional Services (Max. Value) + $2000 Grant (Max., After Prof Svcs) $6000 Total Grant & Services HOME-BASED $1000 Professional Services (Max. Value) + $2000 Grant (Max., After Prof Svcs) $3000 Total Grant & Services FUNDING DISTRIBUTION1 PROGRAM ELIGIBLE BUSINESSES # BUSINESSES TOTAL: $4,000,000 $3000 Grant Brick & Mortar 750 $2,250,000 Professional Services (incl. 10% Admin Fee) Brick & Mortar, Home-Based 600 $660,000 $2000 Grant (Max)2 Brick & Mortar, Home-Based 600 $1,090,000 1 Estimates. Funds will be allocated based on eligibility. 2 Actual grant award may vary for Home-Based businesses. •Applications will be reviewed on a “first-completed application, first-served basis” until all funds are expended. •Once Applicant is deemed eligible for Professional Services, city will reserve subsequent grant funds. •Professional Services must be completed by December 31, 2020. C LEARWATER’S B ACK TO B USINESS G RANT AND P ROFESSIONAL S ERVICES P ROGRAM A COVID-19 RESPONSE PROGRAM FOR CLEARWATER’S HARDEST-HIT SMALL BUSINESSES [A04-09216 /252023/1] Resolution No. 20-21 RESOLUTION NO. 20-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING THE CLEARWATER’S BACK TO BUSINESS GRANT AND PROFESSIONAL SERVICES PROGRAM TO SUPPORT ECONOMIC DEVELOPMENT THROUGH SMALL BUSINESS GRANTS AND TECHNICAL SUPPORT; PROVIDING FOR THE TERMS OF THE PROGRAM; MAKING FACTUAL DETERMINATIONS AND LEGISLATIVE FINDINGS OF A PUBLIC PURPOSE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Health and Human Services (HHS) of the United States declared a public health emergency on January 31, 2020 in response to a novel new coronavirus known as SARS-CoV-2 (Coronavirus) and its resulting respiratory disease, (Covid-19); and WHEREAS, the Governor of the State of Florida issued Executive Order 20-51 on March 1, 2020, directing the Florida Department of Health to issue a public health emergency as a result of the Coronavirus and Covid-19; and WHEREAS, in response to the Governor’s direction, the Florida State Health Officer and State Surgeon General declared a public health emergency on March 1, 2020; and WHEREAS, to mitigate the spread and effect of Covid-19, the Governor of the State of Florida declared a state of emergency for the State of Florida by issuing Executive Order 20-52 on March 9, 2020; and WHEREAS the World Health Organization declared a global pandemic on March 12, 2020 due to the Coronavirus and Covid-19; and WHEREAS the Pinellas County Board of County Commissioners declared a state of emergency on March 13, 2020 by passing Resolution 20-16; and WHEREAS the City of Clearwater declared a state of emergency for the City of Clearwater on March 18, 2020, with subsequent extensions necessary to mitigate the ongoing threat of Covid-19; and WHEREAS, on March 17, 2020, the Governor of the State of Florida issued Executive order 20-68, curtailing, among other things, bars, pubs, and nightclubs, and restricted restaurant occupancy and hours for alcohol service; and WHEREAS, on March 20, 2020, the Governor of the State of Florida issued Executive order 20-71, which required all restaurants to close except for takeout and delivery services, and ordered the closure of all gyms; and WHEREAS, Pinellas County issued Safer-at-Home Order 20-20, effective March 26, 2020; and [A04-09216 /252023/1] Resolution No. 20-21 WHEREAS, effective April 3, 2020, the Governor of the State of Florida issued Executive Order 20-91, and Pinellas County passed Resolution 20-23 on April 2, 2020, effectuating the Governor’s Executive order 20-91, both of which required non-essential businesses, including small businesses in Clearwater, to cease operations and provided for certain enumerated essential businesses to continue operations with significant restrictions; and WHEREAS, as a result of the series of Executive Orders, Stay at Home Orders, local declarations, and overall efforts to contain the spread of Covid-19 at the federal, state and local levels, small businesses in Clearwater have been forced to minimize operations or completely cease operations, resulting in severe, mounting economic damage; and WHEREAS, due to the economic impact of the COVID-19 pandemic, the federal government adopted the Coronavirus Aid, Relief and Economic Security Act (CARES) to provide $376 billion in relief to small businesses, among others, and the State of Florida, through its Department of Economic Opportunity, has initiated programs to provide financial relief to small businesses, and Pinellas County has implemented its Pinellas Cares Small Business Grants Program; and WHEREAS, the City of Clearwater finds it necessary to support small businesses within Clearwater by adopting and implementing the Clearwater’s Back to Business Grant and Professional Services Program to provide direct emergency relief to small businesses in order to retain economic development within Clearwater despite the full or partial mandatory closures; and WHEREAS, by this Resolution, the City Council of the City of Clearwater adopts and directs the implementation of the Clearwater’s Back to Business Grant and Professional Services Program through small business grants and professional support to sustain small businesses and promote economic developments goals that are in the best interest of the health, and well-being of the citizens of Clearwater; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby makes the following factual determinations and legislative findings: a. That the above Whereas clauses are a summary describing a global health pandemic and the actions taken by governments at all levels to mitigate the spread and damage done by the novel coronavirus which causes the respiratory disease Covid-19. The Whereas clauses are hereby incorporated into these findings. b. The Florida Legislature finds and declares in §166.021(8)(a) that the State of Florida faces increasing competition from other states and countries for retention of private businesses, and as a result, there is a need to enhance and expand economic activity by attracting and retaining activities conducive to economic promotion, thereby stabilizing the economy, enhancing and preserving purchasing power and employment opportunities for its residents. c. The Florida Legislature declares in §166.021(8)(a) that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. d. The Florida Legislature expressly declares in §166.021(b) that the governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. [A04-09216 /252023/1] Resolution No. 20-21 e. Public policy, namely, maintaining and preserving the health and welfare of the citizens of the nation, the State of Florida, and more specifically, Clearwater, has dictated the full or partial closure of small businesses through no fault of their own. f. Small businesses are vital to Clearwater’s economic development, the employment of its citizens, and the vitality of its culture, the permanent closure of which will have drastic detrimental impacts including but not limited to, unemployment, poverty, homelessness, crime and a massive negative impact on the general health of Clearwater citizens. g. The national unemployment rate as a result of Covid-19 is approaching the level of the Great Depression. h. Clearwater’s Back to Business Grant and Professional Services Program serves a public purpose as contemplated by the Florida Legislature in §166.021 by providing emergency financial support to qualifying, impacted small businesses to fund employee wages, pay vendor bills and rent, and fund necessary professional services in order to sustain and retain the businesses in the City of Clearwater during the Covid- 19 pandemic. i. By Clearwater providing support to small businesses through the Clearwater’s Back to Business Grant and Professional Services Program, and counteracting the negative impacts as described above, the public experiences substantial benefit. j. The Clearwater’s Back to Business Grant and Professional Services Program does not cause the City of Clearwater to absorb any existing, new, or ongoing financial liability or debt, directly, or indirectly, from the grantees of the Program, nor does it result in the City of Clearwater entering into stock ownership in, or joint ownership of, the businesses supported. Section 2. The Clearwater’s Back to Business Grant and Professional Services Program, attached and incorporated herein as Exhibit “A”, is hereby adopted. Section 3. The City Manager or his designee shall implement the Program, oversee applications and related processes thereunder. Section 4. Each provision of this Resolution shall be separate and severable, and if any provision or portion hereof is held to be invalid by a court of competent jurisdiction, that portion shall be deemed not to be included and the remainder of this Resolution shall be unaffected. Section 5. This resolution shall take effect immediately upon adoption and shall terminate on December 31, 2020, unless extended or earlier terminated by the City Council of the City of Clearwater. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A Clearwater’s Back to Business Grant and Professional Services Program Purpose City of Clearwater has identified up to $4 million in emergency relief funds to support the small businesses hardest hit by the COVID-19 pandemic. City of Clearwater will provide emergency financial support through the Clearwater Back to Business Grant and Professional Services Program (“Back to Business Program”) for qualified small businesses that are negatively impacted by the COVID-19 pandemic due to orders to close or limit operations. This program is intended to: 1) help offset the significant, temporary loss of revenue to these qualified businesses during this pandemic; 2) assist businesses in retaining and paying employees; and 3) prepare businesses for recovery and resiliency post-pandemic. The Back to Business Program 1. Will provide to qualifying “Brick & Mortar” Businesses: a. $3000 “quick pay” grant to be used for business expenses including, but not limited to commercial rent or mortgage and/or utilities, vendor payments, employee wages, other. b. Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. c. $2000 grant upon completion of Professional Services obligations. 2. Will provide to qualifying Home-Based Businesses: a. Access to and payment of certain Professional Services. Services will be procured by and through contractual relationship with non-profit organization(s). Services will be funded in an amount not to exceed $1000 per qualifying applicant. b. Grant equal to 1 month’s revenue, not to exceed $2000, as evidence by appropriate financial records. 3. Will provide to nonprofit organizations that provide, facilitate, and coordinate Professional Services a. Payment of Professional Services Fees as evidenced by invoices for completed services. b. An administrative fee equal to 10% of professional services rendered. Eligibility Businesses are eligible to participate in the Back to Business Program if: • The business has filed and paid for a Business Tax Receipt as of February 29, 2020, with the City of Clearwater for the operation of a qualifying business; and • The business retains Active Status as a business entity as determined by Florida Department of State, Division of Corporations (Sunbiz.org), and EXHIBIT A • The business is located and operates within the incorporated limits of the city of Clearwater; and • The business has at least 1, but no more than 25, full-time equivalent (FTE) employees which may include a combination of part-time employees who, together account for no more than 1,000 employee hours, (25 FTE x 40-hour work week) including the business owner; and • The business has been operating since at least October 1, 2019, and was still in operation on February 29, 2020; and • Business is expected to return to full operation within a reasonable period of time after local and state emergency guidelines related to COVID-19 are rescinded; and • Business is identified as an Eligible Business Type as described herein. Eligible Business Types: • “Food Service Establishments” as defined in Chapter 500, Florida Statutes, and “Public Food Service Establishments” as defined in Chapter 509, Florida Statutes. • Bars, pubs and nightclubs as described in Governor’s Executive Order 20-68. • Short-term lodging establishments and vacation rental management companies that collect and remit Tourist Development Taxes. • Non-essential businesses covered under Section 5 of the “State of Florida & Pinellas County ‘Safer-at-Home’ Guidance” document. • Places of public and private assembly covered under Section 2 of the “State of Florida & Pinellas County ‘Safer-at-Home’ Guidance” document. These business types were selected because they were either required to close due to the Governor’s or Pinellas County Board of County Commissioners’ (BCCs’) orders or were severely impacted by those orders, as in the case of food service and lodging establishments. While restaurants may remain open for carryout or delivery, the orders still resulted in a significant loss of employment and revenues. Many restaurants were not able to adapt or retain employees and closed entirely. The lodging industry depends heavily on the City’s beaches and attractions – all of which were closed by the orders. Non-essential travel is also restricted by government orders. The Back to Business Program is a companion to the Pinellas County CARES Small Business Grant Program that is currently offered by Pinellas County. Eligible businesses that have already applied for or received funding from county, state and/or federal grant programs are still eligible for Back to Business Program. Owners with more than one eligible business may submit an application for each legal entity. Ineligible Businesses • Firms with more than 25 full-time equivalent (FTE) employees. • Publicly traded companies. These firms are owned by the stockholders, who may not be local residents and are not involved in the day to day operations of the company. • Non-profit organizations. 501(c)(3) organizations are by definition “charitable organizations” and receive funding primarily from private donors and governmental sources. Other 501(c) EXHIBIT A organizations are involved in lobbying activities and/or are supported primarily by member dues, rather than by sales of products or services. • Firms with unpaid code enforcement liens against them. • Firms with an owner, officer, partner, or principal actor who has a felony or financial mismanagement conviction within the last two years for which he or she is still serving a sentence (including prison, parole, and probation). Application & Review Process • Applications will be submitted using a digital online portal. • Applicants will be required to attach supporting documentation to prove their business location, status and employee count, and to demonstrate recent business income and expenses. • Applicants will be required to digitally sign the application and attest, under penalty of perjury, that all information submitted is truthful. • Completing the application should take approximately 15-20 minutes, if the applicant has the necessary documentation at hand. • Staff will consider and review each application based on its completeness, the eligibility of the applicant, and the availability of funds; • Program funds will be provided to eligible businesses that submit a complete application on a first-come, first-complete basis and until funds are exhausted. “Complete Application” is one that includes all required information, answers to all questions posed, and all required attachments. • Incomplete or facially-deficient applications will be denied; city staff will notify applicants that have incomplete or facially-deficient applications within five days of submission, and the applicant can make necessary corrections and resubmit an application after this notification. • All grant awardees will be required to execute a Grant Agreement(s) before funds will be disbursed. • All awardees participating in the Professional Services program will be required to execute a Terms of Services Agreement(s) (Services Agreement(s)) in an amount not to exceed $1000 in total Professional Services, and complete the requirements of said Services Agreement(s) before (up to) $2000 grant is disbursed. Partner Agency Responsibilities • Non-profit organizations (Partner Agency(ies)) providing administrative and support services including matching of qualifying applicants to qualified Professional Service Providers (Providers) must execute a Subrecipient Agreement and/or Agreement to Provide Administrative Support for Clearwater’s Back to Business Program (together, Agency Agreement(s)). • Partner Agency will invoice the city of Clearwater in accordance with the terms of the Agency Agreement(s) inclusive of a 10% administrative fee equal to the total amount of Professional Services completed but not to exceed $1100 for each qualifying applicant that successfully completes Terms of Services Agreement(s) requirements. EXHIBIT A • Partner Agency will remit payment to Provider (less administrative fee) upon receipt of funds from city of Clearwater. Professional Service Provider Responsibilities • Providers will receive Applicant referrals from Partner Agency and engage Applicant in accordance with the Agency Agreement. • Provider, with guidance from Partner Agency, will negotiate, create and execute Terms of Services Agreement(s) with referred Applicant. • Upon completion of Provider Services, Provider will submit to Partner Agency adequate records of completed services. • Services provided in addition to those funded by city of Clearwater are to be expressly acknowledged and accepted by the Applicant. Applicant is responsible for any fees in excess of $1000 inclusive of all services provided to Applicant under the terms of the program. Timeline • May 7 to May 10: Program outreach and education. • May 8 to December 31, 2020 (or until funds are exhausted): Application portal open for submissions from eligible Clearwater small businesses. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7724 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19 and Harn Boulevard, at an estimated cost of $4,840, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID #256881-5-52-01) to construct a pedestrian bridge from the south side of Harn Blvd. and crossing US Highway 19 in Clearwater. This will involve the removal of approximately 220 feet of 2-inch gas main, which is in conflict with the bridge construction. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida’s Department of Transportation general contractor will perform the removal of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor on the north side of Harn Blvd before the State bridge construction begins. Having the State of Florida’s Department of Transportation general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments in the event we cause delays on the pipe removal. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96377 (Pinellas New Mains and Service Lines). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/4/2020 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 1 of 6 Form No. 710-010-57 UTILITIES 07/14 Financial Project ID: 256881-5-52-01 Federal Project ID: 1851-153-P Financial Project ID: Financial Project ID: Financial Project ID: County: Pinellas State Road No.: 55 District Document No: 1 Utility Agency/Owner (UAO): Clearwater Gas THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Clearwater Gas, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19 FROM S. OF HARN BLVD. TO N. OF HARN BLVD , State Road No. 55, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT’s design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT’s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO’s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least Fourteen (14) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 4,840.00 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 2 of 6 Form No. 710-010-57 UTILITIES 07/14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO’s obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. c. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d. Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor’s bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 3 of 6 Form No. 710-010-57 UTILITIES 07/14 To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 4 of 6 Form No. 710-010-57 UTILITIES 07/14 b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. Time is of essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Jacinta Garcia Corcoba 777 Maple St. Clearwater, FL 33755 If to the FDOT: Daniel Hunter 11201 North McKinley Dr. Tampa, FL. 33612-6456 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 5 of 6 Form No. 710-010-57 UTILITIES 07/14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Clearwater Gas BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) DATE: (Typed Title: ) APPENDIX STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) CHANGES TO FORMS DOCUMENT FPID: 256881-5-52-01 Form No. 710-010-57 UTILITIES 07/14 Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Frank V. Hibbard Mayor Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Page 6 of 6 256881-5-52-01 PROJECT DESCRIPTION: January 2020 Phase III Estimate Pinellas February 4, 2020 EE_11-05_Rev29 1 of 1 $4,400.00 $4,400.00 $4,400.00 $4,400.00 10%$440.00 $4,840.00 $4,840.00 NOTES: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL UAO obligation per FS 337.403(1)(b) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES FDOT-D7 2/4/2020 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1050 16002 UTILITY PIPE,REMOVE & DISPOSE, 2-4.9"LF 220 $20.00 $4,400.00 $4,400.00700-Utilities COMPONENT TOTAL ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 256881-5-52-02FINANCIAL PROJECT ID: FILE VERSION:EE_11-05_Rev29 -1PAGE NUMBER: 700-Utilities FDOT-D7 2/4/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7725 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 41, at an estimated cost of $52,800, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID #256324-2-52-01) to widen and improve US Highway 41, from north of Connerton Blvd. to south of State Road 52, located in Pasco County. This will involve the removal of approximately 4,000 feet of 6-inch gas main, which is in conflict with the road project. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida’s Department of Transportation general contractor will perform the removal of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor prior to the State removing our existing main. Having the State of Florida’s Department of Transportation general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments in the event we cause delays on the pipe removal. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96378 (Pasco New Mains and Service Lines). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/4/2020 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 1 of 6 Form No. 710-010-57 UTILITIES 07/14 Financial Project ID: 256324-2-52-01 Federal Project ID: N/A Financial Project ID: N/A Financial Project ID: N/A Financial Project ID: N/A County: Pasco State Road No.: 45 District Document No: N/A Utility Agency/Owner (UAO): Clearwater Gas THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Clearwater Gas, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 41, State Road No. 45, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT’s design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1.Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT’s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b.All location, protection, relocation, adjustment, or removal of the UAO’s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2.Cost of Utility Work a. The UAO will, at least Fourteen (14) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 52,800 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 2 of 6 Form No. 710-010-57 UTILITIES 07/14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO’s obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. c.Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d.Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor’s bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a.In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1)Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2)Pursue a claim for damages suffered by the FDOT. (3)Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4)Pursue any other remedies legally available. (5)Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b.In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1)Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2)Pursue any other remedies legally available. c.Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4.Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 3 of 6 Form No. 710-010-57 UTILITIES 07/14 officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5.Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a.To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b.Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 4 of 6 Form No. 710-010-57 UTILITIES 07/14 refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c.This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d.This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e.Time is of essence in the performance of all obligations under this Agreement. f.All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Jacinta Corcoba, Drafting/Design Coordinator Clearwater Gas 400 N. Myrtle Avenue Clearwater, FL 33755 If to the FDOT: Daniel Hunter, District Utility Administrator Florida Department of Transportation 11201 North McKinley Drive Tampa, FL 33612 7.Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 5 of 6 Form No. 710-010-57 UTILITIES 07/14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Clearwater Gas BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) DATE: (Typed Title: ) APPENDIX STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) CHANGES TO FORMS DOCUMENT FPID: 256324-2-52-01 Form No. 710-010-57 UTILITIES 07/14 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Page 6 of 6 256324-2-52-01 PROJECT DESCRIPTION: January 2020 Phase IV Estimate Pasco March 25, 2020 EE_11-05_Rev29 1 of 1 $48,000.00 $48,000.00 $48,000.00 $48,000.00 10%$4,800.00 $52,800.00 $52,800.00 NOTES: 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL PU (Project Unknowns) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED FDOT-D7 3/24/2020 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1050 16003 UTILITY PIPE,REMOVE & DISPOSE, 5-7.9"LF 4,000 $12.00 $48,000.00 $48,000.00700-Utilities COMPONENT TOTAL ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 256881-5-52-02FINANCIAL PROJECT ID: FILE VERSION:EE_11-05_Rev29 -1PAGE NUMBER: 700-Utilities FDOT-D7 3/24/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7721 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Pinellas Park, Florida, in the amount of $175,187.59 for the renovations and replacement of the Pier 60 Bait House Grinder Pump Pneumatic Injector system and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, the 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. Pier 60 Bait House, located on Pier 60 approximately 1,000 feet from the mainland, has been in operation since the inception of Pier 60. The bait house is a full-service retail store selling merchandise such as bait, fishing tackle, prepackaged food and snacks, souvenirs, admission to the fishing pier, etc. Public restrooms are provided in the shop for those using the pier and visiting the bait house. A lift station is required to operate the restrooms in the bait house. The current lift station is outdated and failing as odors from the lift station are backing up into the bait house. Staff is currently managing the odors with sprays and antiseptics until such time as a new system can be installed. This contract will completely replace the current sanitary system with a new grinder pump pneumatic injector system, including a Carter Pump, demolition, carpentry, thermal and moisture barrier, electrical, plumbing and finishes. Once operational this new system will be easier to maintain, and it will remove all waste and odors from the restroom and bait house. Page 1 City of Clearwater Printed on 5/4/2020 File Number: ID#20-7721 This is a 120-day contract and will be completed in September of 2020. The bait house will remain open to the public throughout the majority of this contract as it will take up to 75 days lead time to construct and ship the new injector system to Clearwater to be reassembled and installed in the lift station pit. The bait house will need to be closed for a period of 14 days for this installation. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-C2004, Lift Stations, to fund this contract. Page 2 City of Clearwater Printed on 5/4/2020 1 April 15, 2020 Leroy Chin Park Planning & Project Manager Parks & Recreation Dept. 100 S. Myrtle Ave. Suite 120 Clearwater, FL 33756-5520 RE: Pier 60 Bait House Grinder Pump Pneumatic Injector Replacement Dear Mr. Chin: I am pleased to submit the following proposal for construction management services for the Grinder Pump Replacement located at the Pier 60 Bait House in accordance with plans prepared by Griner Engineering, Inc. dated November 22, 2019 with revised permit comments dated 1/1/20 and 3/3/20, titled Grinder Pump Replacement. Electrical Legend and Details E101, Electrical Plan View E201, Power Riser & Panel Schedules E301, Electrical Specifications E401, Plumbing Notes and Specifications P101, Pluming Floor Plan P201, and Plumbing Details and Schedules P301 and equipment Provided by Carter Pump furnished to Jenny Luong dated February 10, 2020 for the Guaranteed Maximum Price of ($175,187.59) One hundred, seventy-five thousand, one hundred, eighty-seven, and 59/100 dollars. Scope of Work: We will provide all supervision, labor, equipment, materials, insurance, bonding, sales taxes, as required to furnish and install pneumatic injector/grinder pump installation and demolish existing systems as more specifically qualified below: • The one (1) 25 Gallon 316 stainless steel sewage receiver hydrostatically tested and certified at 150 PSI pressure with 10-year warranty. The sewage receivers will have a suitably sized 14-inch manhole on the top. The inlet and discharge sewage openings will be 3-inch ANSI standard flanges located 180 degrees apart. • The sewage receiver cover plate will 316 stainless steel and will be furnished with a strainer and N.P.T. airline connection for the compressed air to enter the pot accommodating the Electrode Control System. The ejection control system is electrical consisting of three (3) stainless steel electrodes mounted on the cover plate by means of a properly insulated NEMA IV electrode holder 2 • Two (2) 316 stainless steel 3-inch check valves. • Two (2) 316 stainless steel 3-inch ball valves. • Two (2) 316 stainless steel 3-inch 90 degree elbows. • Two (2) stainless steel spool with stainless steel flanges to mount elevate check valves and plug valves to be service from the top of the pit. • The ejection control will include a third stainless steel electrode mounted on the cover plate, which shall be utilized to signal an alarm or SCADA system. The alarm or SCADA system is provided by others. • One (1) NEMA 4X Stainless Steel Enclosure Electrode Control Panel to operate the duplex ejector system on 120 Volt, 1 Phase service as specified in Part 2.7 of the Specifications: - One (1) NEMA 4X STAINLESS STEEL ENCLOSURE. - One (1) U/L LABEL. - One (1) PANEL NAME PLATE. - One (1) 14 GAGE CONTROL WIRE. - One (1) HEAT SHRINK TYPE MARKER. - One (1) CONTROL CIRCUIT BREAKER. - One (1) SYSTEM OFF-ON SELECTOR SWITCH. - One (1) SYSTEM ON PILOT LIGHT PUSH-TO-TEST. - One (1) RECEIVER TEST-OFF-AUTO SELECTOR SWITCH - One (1) SET TERMINALS FOR REMOTE SOLENOID VALVES. - One (1) RUN FLUSHING PILOT LIGHT(S) PUSH-TO-TEST TYPE. - One (1) FLUSH VALVE ON DELAY TIMER. - Two (2) INTRINSIC TYPE PROBE RELAYS. - One (1) RECEIVER HIGH LEVEL ALARM RELAY. - One (1) ALARM PILOT LIGHT PUSH TO TEST TYPE. - One (1) FORK/RING TYPE WIRE CONNECTION. • One (1) Flush Air Assembly with the 3-Way Bronze Piston valve, solenoid valve, and ball valves factory assembled with service unions. The Bronze Piston Valves are covered under the Carter Pump conditional 30-year warranty. • One (1) Main Air Manifold Assembly will be furnished in order to regulate the air supply, stored in the air receiver tank, to operating pressure. This manifold is to include a Bronze air regulator, upstream and downstream pressure gauges, filter, strainers, safety relief valves and automatic drain. The Main Air Manifold is factory assembled and tested. • The air compressor package will consist of two (2) tank mounted 2 HP pressure lubricated air compressors with a 230/460 volts, TEFC high efficiency motor with a hydraulic 3 unloader valve, pressure switches, air pressure gauges, vibration pads, check valves, with a moisture separator trap, automatic drain and manual bypass. • The air compressors will be furnished with a Duplex Control Panel in a NEMA 12 enclosure with U/L Label, Lead/Lag alternate, phase failure relays, motor circuit breakers, IEC rated magnetic starters, control transformers with primary and secondary fuses, power on pilot lights, control transformer fail alarm pilot lights, Test-Off-Auto selector switch, run pilot lights, auxiliary run contacts, contacts, aux. off contacts, compressor fail alarm pilot light, compressor fail time delay relay. The air compressor will be on adjustable time control to operate during low occupancy of the room times that will interlock with audio/visual signal to give workers time to leave the room 5 minutes (adjustable) before runtime. • The two (2) air compressors will be mounted on a 120- gallon horizontal steel air receiver tank at each of the air stations in accordance with ASME Boiler and Pressure Vessel Code for unfired pressure vessels Section VIII, Division 1. The air receiver storage tank shall display an ASME seal stamp for 200 PSIG working pressure and shall store a volume of air at 120 PSIG and be provided with a pressure gauge, inspection opening, blow off cock and safety valve relief valve. The connection to the air compressor shall be provided with a check valve and shutoff valve. • SPARE PARTS: The following spare parts will be provided: - Two (2) Solenoid Valves - Two (2) Air Filter Elements - Two (2) Electrode Holders with Electrodes - One (1) Spare Check Valve - One (1) Spare Air Compressor Pump Exclusions: 1. Permitting or permitting fees. 2. Design, engineering, or architectural work. 3. Warranty of any materials, fixtures, or equipment supplied by owner. 4. Builder’s Risk Insurance. Cost Detail Item Proposal Carter Pump $ 74,865.00 Demolition $ 2,800.00 Carpentry $ 3,989.00 Thermal and Moisture $ 1,890.00 Finishes $ 7,890.00 Electrical $ 11,900.00 Plumbing $ 18,900.00 4 Equipment Rental and Fuel $ 4,880.00 Supervision, Insurance, OH&P $ 28,515.00 Sub-Total $ 155,629.00 Owner Contingency $ 15,563.00 Bond $ 3,995.59 Grand Total $ 175,187.59 Project Duration shall be 120 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on 06/15/2016 based on RFQ #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. (If GMP is less than $150,000 a bond is not required.) For work performed, invoices shall be submitted to the Leroy Chin Project Manager, City of Clearwater--Parks and Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Khors Construction, Inc. By: Kori S. Khorsandian Kori Khorsandian President April 14, 2020 Date 5 CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ _______________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call City Attorney City Clerk Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Khors Construction, Inc. 6251 44th St N. Ste 1909 Pinellas Park, FL 33781 813-728-3689 FCCI Insurance Group Surety 6300 University Parkway Sarasota, FL 34240 City of Clearwater Parks & Recreation Dept. 100 S. Myrtle Ave. Suite 120 Clearwater, FL 33756-5520 RE: Pier 60 Bait House Grinder Pump Pneumatic Injector Replacement PROJECT DESCRIPTION: Replacement of sanitary sewer pump system BY THIS BOND, We Khors Construction, Inc., as Contractor, and FCCI Insurance Group Surety, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of ($175,187.59) One hundred, seventy- five thousand, one hundred, eighty-seven, and 59/100 dollars for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the proposal dated April 14, 2020, between Contractor and Owner for construction of the Pier 60 Bait House Grinder Pump Pneumatic Injector Replacement the contract documents being made a part of this bond by reference (which include the Contract, Surety Bond, Plans and Technical Specifications, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Khors Construction, Inc. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) FCCI Insurance Company By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) Construction Manager at Risk Contract This CONTRACT made and entered into this 22Y41 da.1cj.So+L2D to by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or "Owner", and ko' Y-ka-aa a7aw. , Pr stiko : of the Kha, s(onOrvai: a.. InL, 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 Tf5 D in the amount of $ T B D 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 furnish 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 governmental 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 decisions, future developments and expected achievements, and any including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a and that summarizes the work of the various subcontractors. This 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 issues and pending problems or delays, scheduling narrative report shall include 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 3 of 12 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 alternatives 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 furnish 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 concerning 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 alternatives, 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 Page 4 of 12 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 5 of 12 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 labor costs, direct supervision costs and direct job costs, plus the Construction Manager's fees or the GMP, whichever is Tess 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 6 of 12 b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager's cost of work. In addition to the cost of work, a GMP will include 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 furnish 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 sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: 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; 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 1,000.00 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 8 of 12 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 governed 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 governmental 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 .Call @myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 Page 9 of 12 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: Liu,' u,+A-4 William B. Horne II Countersigned: City Manager By: — ,, e0ritr\Crt\t -t05 George Cretekos, Mayor - Councilmember Contractor must indicate whether Corporation, Partnership, company or Individual) The person signing shall, in his own handwriting sign the Principal's name, his own name and his title; where the person is signing for a Corporation he must, by Affidavit, show his authority to bind the Corporation). Page 12 of 12 Attest: Rosemarie CaII, o form: sistant City Attorney ltiors L° oas4ro,c:4- o r , Contractor) I nn By: bfi JO r5c,hC11c61 (.(40- (Seal) TRUTH -IN- NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), Khvrs Ctjns$tut -kbr> 3 4nC Contractor hereby certifies that wage rates, fringe rates and other factual unit costs supporting the compensation for the CD or\ services of pc% (° Pi54ru 1 On,\ht. to be provided under this Agreement, concerning CM 014 WIsk Servrr-c 4MA. 2') -I1. are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they are an authorized representative of the proposer who may legally bind the proposer attest to the accuracy of the information: STATE OF F=-lccrcJq II Authorized SignaturejCoc lorsare P p C'eS G -Psn Printed Name 6 — \(\f f' S rDns4FUd-i on ' krkc Title Name of Entity /Corporation COUNTY OF 4 111S borou.slr The foregoing instrument was acknowledged before me on this 22-4 day ofAULne— , 20 ILs , by ' -Or; IC-ANN-Sec najCI name of person whose si nature is being notarized) as the V gceert4 (title) of .1.1 p rs rOn.&4rML t Dn + jr'1 [ . (name of corporation /entity), personally known to me as described herein did / did not take oath. or produced a type of identification) as identification, and who Public to A ( 1 tt Printed Name My Commission Expires: NOTARY SEAL ABOVE ANN LOCKE Notary Pi,Oifc - State of Ftor!1 My Comm, Expires Feb 27, 201 Commission # EF 0969915 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM THIS FORMMUST BE COMPLETED AND SUBMITTED WITH PROPOSAL FOR PROJECTS THAT MAY EXCEED $1,000,000. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue ofthe signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Comp s with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Pe '" or bus' ss operations in Cuba and Syria. uthorized Signature Kor-i h-ors cl,r1c 0.n Printed Name Title 11V 001)4'`:-1) s )) Name ofEntity /Corporation STATE OF T-716 r COUNTY OF W,11Sboroo1 In The fore oing instrument was acknowledged before me on this Z2 day of Jt.tn t , 2014. , by 6 r Z 11 o rsccr r1 l Ct ,n (name of person whose signature is being notarized) as the J res t Gt €r1.4 (title) of 1`-AA Dr 5 ConS1-SVC4- 1 a n , -l 1 c - (name of corporation/entity), personally kno to me as described herein '( , or produced a (type of identification) tificatio .1 d who did/did not take an oath. Notary Public Printed Name My Commission Expires: 2 Z.cx . '' __ Notary P ai';c - state of Ftar!.aa My Comm. Expires Feb 27, 201yJ"t i35 NOTARY SEAL ABOVE 4 " .9; ?" Commission # FF 096915 Airs LOCK€ AMENDMENT NO. 1 TO CONSTRUCTION MANAGER AT RISK SERVICES CONTINUING CONTRACT, DATED JUNE 15, 2016, BETWEEN KHORS CONSTRUCTION. ("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. Khors Construction By: Name: r akit,h Title: Date: 2/ 3/I Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ordiance #9390-20 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 2850 Sunstream Lane, Clearwater, to vacate a portion of a platted utility easement, described as a part of Tract C Drainage Area, Sunstream Subdivision, according to the plat thereof, as recorded in Plat Book 143, Pages 65 through 69, of the Public Records of Pinellas County, Florida and pass Ordinance 9390-20 on first reading. SUMMARY: The property owner at 2850 Sunstream Lane, Clearwater, has requested that the City vacate a portion of a platted Utility Easement along the entrance to their property. The partial easement vacation will allow the property owner to construct an entrance sign to their subdivision. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 5/4/2020 1 Ord. No. 9390-20 ORDINANCE NO. 9390-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A PLATTED UTILITY EASEMENT, DESCRIBED AS A PART OF TRACT “C” DRAINAGE AREA, SUNSTREAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 143, PAGES 65-69, 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: A portion of 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. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9390-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk PARKSTREAM AVE SUNSTREAM LN MOONBEAM WAYAERIAL MAP PROPOSED UTILITY EASEMENT 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 Utility Easement Vacation2850 Sunstream Ln. Page 1 of 1Aerial Flown 2019 Date:2/14/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2850 Sunstream Lane.mxd 32-28s-16eS-T-R:233BGrid #:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7715 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve the Local Mitigation Strategy developed for Pinellas County and adopt Resolution 20-18. SUMMARY: The purpose of the Local Mitigation Strategy is to establish an ongoing process that will make hazard mitigation part of the daily functions of the entire community. The Local Mitigation Strategy serves as a bridge between local governments' growth management plans, the county comprehensive emergency plan, land development regulations, and relevant ordinances and codes such as those for floodplain management. Most of the burden of recovering from a disaster falls on the shoulders of local government. A major disaster can bring extraordinary hardship to citizens, devastate the economic base, and diminish quality of life for years to come. If hardships seen in other parts of the country can be avoided by making smarter decisions before the disaster, the best interest of our citizens, businesses and communities are better served. The objective of the Local Mitigation Strategy is to develop a blueprint or guide intended to provide a unified and consistent course of action needed to eliminate or reduce the impact of disasters that threaten Pinellas County and its municipalities. The current Local Mitigation Strategy is the fourth update to the original, adopted in 1999. Comprehensive updates were completed every 5-years, in 2004, 2009, and 2015. The complete local mitigation strategy document can be found at http://www.pinellaslms.org. Page 1 City of Clearwater Printed on 5/4/2020 Resolution No. 20-18 RESOLUTION NO. 20-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUPPORTING THE LOCAL MITIGATION STRATEGY DEVELOPED FOR PINELLAS COUNTY AND RECOMMENDING ADOPTION BY THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater resides in an area that is vulnerable to natural and man-made disasters; and WHEREAS, the City supports efforts to make our community more disaster resistant, thereby reducing the costs of disasters; and WHEREAS, the State of Florida has designated that a Local Mitigation Strategy is the first step in the process of making a community disaster resistant; and WHEREAS, the State of Florida has approved the latest Pinellas County Local Mitigation Strategy (LMS) plan updated for compliance with the federal hazard mitigation planning standards contained in 44 CFR 201.6(b)-(d); and WHEREAS, the Pinellas County LMS plan is subject to approval by the Pinellas County Board of County Commissioners and by the municipalities; and WHEREAS, by adopting this strategy, the unincorporated and incorporated areas of Pinellas County will be establishing a framework for future mitigation efforts and post disaster redevelopment and reducing recovery time; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater, Florida approves and hereby adopts the Local Mitigation Strategy developed for Pinellas County. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk 1 Pinellas County 2020 Local Mitigation Strategy Executive Summary Introduction Under Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) enacted under the Disaster Mitigation Act of 2000 (DMA2K), Pinellas County is required to have a Federal Emergency Management Agency (FEMA)-approved hazard mitigation plan in order to be eligible for federal hazard mitigation funding. The purpose of the County Hazard Mitigation Plan, more commonly called the Local Mitigation Strategy (LMS) in Florida communities, is to reduce death, injuries, and property losses caused by natural hazards in Pinellas County. The 2020 Plan identifies hazards based on the history of disasters within the county and lists goals, objectives, strategies, and actions for reducing future losses. Implementation of planned, pre-identified, and cost-effective mitigation measures not only helps to reduce losses to lives, property, and the environment but it also streamlines the disaster recovery process. This is a 5-year update of the countywide LMS that was last approved in May of 2015. While the document may refer to specific historical events for context, the plan update focuses on changes to the communities and their vulnerabilities over the last 5 years and provides an update to capabilities, programs, and actions that the participants intend to utilize to reduce exposure or consequences from the identified hazards. Hazard mitigation is most effective when based on an inclusive, comprehensive, long-term plan that is developed before a disaster occurs. The LMS serves several purposes; including providing an explanation of how Pinellas County and its 24 municipalities identify strategies to implement an effective, comprehensive countywide Local Mitigation Strategy. The communities participating in this plan include the unincorporated county and all its municipalities: ▪ Pinellas County (Unincorporated) ▪ Town of Belleair ▪ City of Belleair Beach ▪ City of Belleair Bluffs ▪ Town of Belleair Shore ▪ City of Clearwater ▪ City of Dunedin ▪ City of Gulfport ▪ City of Indian Rocks Beach ▪ Town of Indian Shores 2 ▪ City of Kenneth City ▪ City of Largo ▪ City of Madeira Beach ▪ Town of North Redington Beach ▪ City of Oldsmar ▪ City of Pinellas Park ▪ Town of Redington Beach ▪ Town of Redington Shores ▪ City of Safety Harbor ▪ City of St. Pete Beach ▪ City of St. Petersburg ▪ City of Seminole ▪ City of South Pasadena ▪ City of Tarpon Springs ▪ City of Treasure Island The 2020 Plan is coordinated through appropriate state, local, and regional agencies, as well as non-governmental interest groups. The plan, and its future revisions, will provide guidance in merging the planning efforts of all local governments, the private sector, and non-profit organizations within Pinellas County into one viable, comprehensive, mitigation program. The scope of the LMS is broad. The plan explains the way in which the communities implement mitigation activities within the county in coordination with local agencies. Additionally, as required by statute, the Risk Assessment portion of the LMS identifies natural hazards, as well as technological and human-caused hazards. The Risk Assessment portion analyzes vulnerability of he County in countywide terms as well as results and capabilities at the municipal level. The purpose of the 2020 LMS is to: ▪ Reduce risk to people, property, and the critical infrastructure. ▪ Increase public awareness and education about the plan and the planning process. ▪ Maintain grant eligibility for participating jurisdictions. ▪ Update the plan in accordance with Community Rating System (CRS) requirements. ▪ Maintain compliance with state and federal legislative requirements for local hazard mitigation plans. ▪ Complete an update of information in the plan to demonstrate progress and reflect current conditions. Pinellas County is vulnerable to both natural hazards and technological and human-caused hazards. The most common hazards to Florida are wildfires and floods; however, hurricanes have historically inflicted catastrophic destruction. Planning Process and Maintenance Section There are 10 primary steps that comprise the LMS planning process. The process defines not only who should be involved, but how the process is going to work, and an understanding of how the process facilitates the production of the final product. 3 ▪ Step 1: The Planning Organization – The development of a mitigation strategy requires the involvement of representatives from the public, private, and governmental sectors. ▪ Step 2: Involving the Public – An important component of the mitigation planning process involves public participation. ▪ Step 3: Coordination – Coordinate activities within the County and to bring back perspectives of their constituency. ▪ Step 4: Assessing the Hazard – Conduct and maintain a hazard identification and vulnerability assessment. ▪ Step 5: Assessing the Problem – Quantify the impact of the hazards identified in the previous step on the community. ▪ Step 6: Goals and Objectives – Revisit goals and objectives and make adjustments as appropriate. ▪ Step 7: Possible Activities: Mitigation opportunities and Initiatives – Identification of potential mitigation opportunities and initiatives. ▪ Step 8: An Action Plan – Objectives were identified for each goal to specifically identify action items and are reflected in six categories of mitigation activities. ▪ Step 9: Adoption of the Strategy – officially adopt the LMS. ▪ Step 10: Implementation, Evaluation, and Revision – The LMs is intended to be a dynamic document that will be updated regularly. There are two main working groups responsible for the LMS planning process. The LMS Working Group (WG) consists of representatives of the jurisdictions, private sector, and non- profits as well as any members of the public as all meetings are advertised on the County’s website and calendar. The Flood Risk and Mitigation Public Information Working Group (FRMPIWG) is a group of public and private stakeholders formed to supplement input into the planning process. The County’s first LMS began its planning process in March of 1998 and took approximately 15 months to complete. The plan was then updated again in 2004, 2009, and 2015. This is the fourth update of the plan and the focus of the update was on adding new risk assessments, refining objectives, and refreshing the project list. The 2020 LMS update began in the fall of 2018 when the County assessed its current plan and assessed it for improvement opportunities. When the plan update began, the LMS WG was presented with the results of the assessment for concurrence on a path forward. During the timeline of the plan update, the County and its jurisdictions also combined several other groups to supplement input into the planning process. Pinellas is a strong advocate of the National Flood Insurance Program’s Community Rating System and had a few outreach groups in place to support those activities. A countywide Program, for Public Information was installed over the past 12 months to facilitate consistent messaging access communities and provide tools for jurisdictions with limited resources. As the mitigation planning process was happening concurrently, this group of public and private stakeholders met three times over the year and became known as the Flood Risk and Mitigation Public Information Working Group (FRMPIWG). The FRMPIWG developed the following mission statement: ▪ Increase disaster resiliency across the county through the development and dissemination of public information and educational outreach about identified flood risks, 4 minimization of those risks through mitigation and efficacy of obtaining appropriate flood insurance coverage. ▪ Ensure attainment of flood insurance savings for residents and businesses within the incorporated and unincorporated areas of the county through effective participation in the Community Rating System. ▪ Engage and educate community stakeholders to enhance planning efforts by ensuring diverse representation and to provide stakeholders the opportunity to become more knowledgeable in the subject of mitigation and to expand reach while improving their ability to provide improved customer service. ▪ Develop strategies, concepts and projects for reducing flooding impacts that can become part of the county’s Local Mitigation Strategy plan The FRMPIWG meetings (typically over 70 participants with representatives from all municipalities) had a briefing from the LMS Working Group at every meeting to update them on recent activities. Likewise, the feedback from the FRMPIWG was provided to the LMS WG to eb evaluated and included in the LMS update process. After the 2020 LMS Plan Update underwent final revisions, and the plan was completed to the satisfaction of the State Hazard Mitigation Office (SHMO) which reviews the plan for compliance on behalf of the Federal Emergency Management Agency, the plan was officially adopted by Pinellas County Board of County Commissioners by adoption of a resolution. The 2020 LMS update was submitted to the Board of County Commissioners on 99/99/2020 and approved on 99/99/2020. The plan will be in effect from May 6th, 2020 until May 5th, 2025. Each jurisdiction also approved the Plan within their community as identified in Appendix F. Risk Assessment Section The Risk assessment for Pinellas County was intentionally structured to align with the State of Florida Enhanced Hazard Mitigation Plan (SHMP) and provides the factual basis for developing a mitigation strategy for the county. This section profiles the natural, human-caused, and technological hazards hat could possibly affect Pinellas communities. The risk assessment is used not only for the LMS, but also supports the County’s Comprehensive Emergency Management Plan (CEMP). Each natural hazard profile includes a discussion of the geographic areas affected, the historical occurrences in the county, an impact analysis, the probability, and the vulnerability and loss estimation by county critical facilities, and a discussion of overall vulnerability. Alternatively, the human-caused and technological hazards include similar topics of discussion, but not all aspects are able to eb quantified. This is because of the limited data available and the imprecise nature of the human-caused and technological hazards. The risk assessment identifies 22 hazards based on an examination of past disasters, probability of occurrence, possible impacts, and vulnerability. The hazards include: Natural Hazards ▪ Flood ▪ Tropical cyclones ▪ Severe Storms ▪ Wildfire 5 ▪ Erosion ▪ Drought ▪ Extreme Heat ▪ Geological ▪ Winter Storm ▪ Seismic ▪ Tsunami ▪ Red Tide Technological Hazards ▪ Transportation Incident ▪ Cyber Incident ▪ Hazardous Materials Incident ▪ Radiological Incident ▪ Terrorism ▪ Agricultural Disruption ▪ Biological Incident ▪ Mass Migration Incident ▪ Civil Disturbance Incident Mitigation Strategy Section The LMs details goals and objectives for achieving loss reduction in Pinellas County. The six goals are listed below. 1. Become a More Disaster Resilient Community 2. Minimize Coastal Flooding losses in the CHHA, Coastal Storm Area and Hurricane Vulnerability Zone. 3. Minimize Riverine or Inland Flooding Losses in the 25, 50, and 100-year Flood Zone. 4. Minimize Storm Wind Losses in the County. 5. Minimize Losses from Hazardous Materials Incidents. 6. Minimize Vulnerability to Technological Hazards. Additional information on the LMs goals and objectives can be found in this section. Pinellas County has policies, programs, and capabilities designed to help mitigate the impacts of hazard events. Each community has its own policies, program, capabilities. These depend on factors such as the size of the geographic area, its population, or the amount of funding available through local resources. Regardless of size or wealth, each community has a unique core set of policies, programs, and capabilities at its disposal related to hazard reduction and mitigation including building codes, land use plans, and regulations, which are discussed in this section. 6 Potential Funding Sources Section The county uses a variety of programs and funds to achieve its mitigation goals, including federal grant programs such as HMGP, Pre-Disaster Mitigation (PDM), Flood Mitigation Assistance (FMA), and the state grant Hurricane Loss Mitigation Program (HLMP). Various grants and programs are discussed throughout this section. Appendices Many documents are included with the LMS as appendices. These appendices are referenced throughout the plan and support the plan. ▪ Appendix A: Planning Process Documentation ▪ Appendix B: Risk Assessment Tables ▪ Appendix C: CRS 610 ▪ Appendix D: Mitigation Initiatives ▪ Appendix E: FL Review Tool ▪ Appendix E: FL Review Tool ▪ Appendix F: Plan Adoption ▪ Appendix G: Plan Maintenance ▪ Appendix H: Program for Public Information ▪ Appendix I: Repetitive Loss Area Analysis Please Note: If you would like a copy of the full Local Mitigation Strategy Plan draft document, please call Planning at (727) 464-8200 or you can contact them via the County Website using http://www.pinellascounty.org/forms/planning.htm. Please note, the draft document has been reviewed by the Florida Department of Emergency Management. The Plan has been revised based on all comments from the State. Upon completion of their review of the revised LMS Plan draft, FDEM has provided a final “Approved Pending Adoption” letter stating that Pinellas County’s LMS Plan is in compliance with Federal Hazard Mitigation Planning standards contained in 44 CFR 201.6(b)-(d). Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7722 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469 for the 2019 City Seawall Project (19-0021-EN), increasing the contract from $254,710.50 to $306,179.50, and authorize the appropriate officials to execute same. (consent) SUMMARY: September 5, 2019, City Council approved a construction contract for repairs at eight locations: five on Island Estates, two at street ends on the intercoastal, and one at the Betty Lane bridge over Stevenson Creek. Repairs include replacement of seawall caps and anchors, installation of secondary tiebacks, drain installation, cleaning of seawall joints, and hydraulic grout installation. Change Order One is for repairs of an additional seawall location on Hamden Drive and 3rd Street. Proposed repairs include installation of drains, cleaning and sealing vertical joints, and filling voids along approximately 100 feet of seawall. APPROPRIATION CODE AND AMOUNT: ENGF180006-CONS-CNSTRC Funds are available in capital improvement project ENGF180006, Citywide Docks and Seawalls, to fund this change order. Page 1 City of Clearwater Printed on 5/4/2020 To:City of Clearwater Project: 2019 City Seawalls Application:3 Engineering - Sarah Kessler ___ OWNER Contract No:19-0021-EN Period to:3/24/2020 ___ ARCHITECT Contract Date:10/31/2019 _X__ CONTRACTOR PO:19001744 ___ ENGINEER From: Waterfront Engineering, Inc 3940 Fountainebleau Dr Tampa, FL 33634 CHANGE ORDER SUMMARY Application is made for payment, as shown below, in connection with the Contract. Change Orders approved in ADDITIONS DELETIONS Continuation Sheet is attached. previous months by Owner TOTAL -$ -$ 1 Original Contract Sum 254,710.50$ Approved this month 2 Net Change by Change Orders 51,469.00$ 3 Contract Sum to Date (Line 1 + 2)306,179.50$ Change Order 1 - City Council 5/7/2020 51,469.00$ 4 Total Completed 73,971.50$ 5 Retainage 3,698.58$ TOTALS 51,469.00$ -$ (5% of completed work) Net Change by Change Orders 51,469.00$ 6 Total Earned Less Retainage 70,272.93$ (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the 7 Less Previous Certificates for Payment 70,272.93$ Contractor's knowledge, information and belief, the work covered (Line 6 from prior certificate) by this Application for Payment has been completed in accordance 8 Current Payment Due (Line 6 less line 7)(0.00)$ with the Contract Documents, that all amounts have been paid by 9 Balance to Finish, Plus Retainage 235,906.58$ the Contractor for work for which previous Certificates for (Line 3 less line 6) Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Signature:Print Name:Date: OWNERS CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED: (Attach explanation if amount certified differs from that applied for) Sarah Kessler, Project Manager By: ___________________________________Date:_________________ CONTRACTOR: (0.00)$ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Number Date Approved APPLICATION AND CERTIFICATE FOR PAYMENT 100 S. Myrtle Ave., Suite 220 Distribution to: Clearwater, Florida 33756 In accordance with the Contract Documents, based on onside observations and the data comprising the above application, the Architect/Engineer certifies to the Owner that to the best of his/her knowledge, information and belief, the Work has progressed as indicated, that the quality of work is in accordance with said Contract Documents, and the Contractor is entitled to payment of the Page 1 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 1 Mobilization/Demobilization for locations (1,2,3,4,&5) including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup, maintenance of traffic and refuse disposal as needed by design plan, work activities and or site conditions for five (5) Island Estates locations. These sites are within ¾ mile of each other and want to use one primary staging area for equipment and storage, see map and or attachments. LS 1 7,500.00$ 7,500.00$ 7,500.00$ 3,750.00$ -$ 0.50 3,750.00$ Location (1) RCP Drain / Seawall Repairs at 270 Skiff Point 2 Perform recommended work within the Engineer Inspection Report along with any additional work to restore the area including fill and or sod. LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ -$ 1.00 2,500.00$ Location (2) Seawall Repairs at 205 Windward Passage 3 Perform recommended work within the Engineer Inspection Report along with any additional work to restore the area including fill and or sod. LS 1 6,500.00$ 6,500.00$ 6,500.00$ 6,500.00$ -$ 1.00 6,500.00$ Location (3) Seawall Repairs at Windward Passage Bridge 155517 4 NE, SE & SW Walls – Installation of PVC drains per plan specifications. EA 7 150.00$ 1,050.00$ 1,050.00$ 1,050.00$ -$ 7.00 1,050.00$ 5 All Walls – Clean and seal vertical joints with hydraulic grout plus additional area of grout on the NE wall. LF 96 75.00$ 7,200.00$ 7,200.00$ 7,200.00$ -$ 96.00 7,200.00$ 6 NE Wall – Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24 ” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ 9,600.00$ -$ 24.00 9,600.00$ 7 NW Wall – Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ 9,600.00$ -$ 24.00 9,600.00$ 8 NE & NW Walls – Re-pour concrete pipe covers after completion of seawall caps. EA 2 750.00$ 1,500.00$ 1,500.00$ 1,500.00$ -$ 2.00 1,500.00$ Printed : 4/17/2020 Page 2 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 9 SE & SW Walls – Installation of new secondary wall tiebacks per plan specifications. EA 6 1,500.00$ 9,000.00$ 9,000.00$ 9,000.00$ -$ 6.00 9,000.00$ 10 SW Wall – Vegetation Removal: (1) Brazilian Pepper, (1) Oleander and (3) Palm Trees. LS 1 700.00$ 700.00$ 700.00$ 700.00$ -$ 1.00 700.00$ 11 Ground prep & sod. SF 2000 1.50$ 3,000.00$ 3,000.00$ 3,000.00$ -$ 2000.00 3,000.00$ Location (4) Seawall Repairs at Windward Passage Bridge 155518 12 NE, NW & SW Walls – Installation of (8) PVC drains per plan specifications. SE Wall - Installation of (3) PVC drains that are not on the plan specifications. EA 11 150.00$ 1,650.00$ 1,650.00$ 450.00$ -$ 3.00 450.00$ 13 NE, NW & SW Walls – Clean and seal vertical joints with hydraulic grout. LF 72 75.00$ 5,400.00$ 5,400.00$ -$ -$ -$ 14 NW wall – Chip and grout around pipe.EA 1 400.00$ 400.00$ 400.00$ -$ -$ -$ 15 NE & SW Walls – Chip and epoxy seal cracks per plan specifications: includes transverse cap cracks and wall cracks. EA 3 75.00$ 225.00$ 225.00$ -$ -$ -$ 16 SE Wall - Removal and disposal of all debris of indicated seawall and seawall cap along with installation of vinyl sheet piles, filler concrete, cap tiebacks and 30” wide x 14” high concrete seawall cap per plan specifications. LF 23 600.00$ 13,800.00$ 13,800.00$ 7,200.00$ -$ 12.00 7,200.00$ 17 SW Wall - Removal and disposal of all debris of indicated seawall cap and installation of angle concrete seawall cap per plan specifications. LF 8 400.00$ 3,200.00$ 3,200.00$ 3,200.00$ -$ 8.00 3,200.00$ 18 NW Wall - Removal and disposal of all debris of indicated seawall cap and installation of 14” wide x 14”high concrete seawall cap per plan specifications. LF 16 400.00$ 6,400.00$ 6,400.00$ -$ -$ -$ 19 NE, NW & SW Walls - Installation of new secondary wall tiebacks per plan specifications. EA 5 1,500.00$ 7,500.00$ 7,500.00$ 4,500.00$ -$ 3.00 4,500.00$ 20 NE & SW Walls – Fill voids with pea gravel.EA 2 350.00$ 700.00$ 700.00$ -$ -$ -$ 21 Ground prep & sod.SF 1725 1.50$ 2,587.50$ 2,587.50$ -$ -$ -$ Location (5) Seawall Repairs at Windward Passage Bridge 155519 22 NE, NW & SE Walls – Installation of PVC drains per plan specifications. EA 8 150.00$ 1,200.00$ 1,200.00$ -$ -$ -$ Printed : 4/17/2020 Page 3 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 23 All Walls – Clean and seal vertical joints with hydraulic grout. LF 97 75.00$ 7,275.00$ 7,275.00$ -$ -$ -$ 24 NE Wall - Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of a 16” wide x 29” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 25 NW Wall - Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 26 SE Wall - Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 25 400.00$ 10,000.00$ 10,000.00$ -$ -$ -$ 27 SW Wall - Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 28 NE & NW Walls – Re-pour concrete pipe covers after completion of seawall caps. EA 2 750.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 29 NE Wall - Installation of new secondary wall tiebacks per plan specifications. EA 2 1,500.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 30 SE Wall – Vegetation removal: Several Oleanders.LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 31 Ground prep & sod.SF 2400 1.50$ 3,600.00$ 3,600.00$ -$ -$ -$ Location (6) Seawall Repairs West End of Rogers Street 32 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 33 Removal and disposal of all debris of indicated seawall cap along with repouring 19’3” +/- LF of 20” high x 16” wide seawall cap per plan specifications. LS 1 400.00$ 400.00$ 400.00$ -$ -$ -$ 34 Ground prep & sod.SF 300 1.50$ 450.00$ 450.00$ -$ -$ -$ Printed : 4/17/2020 Page 4 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Location (7) Seawall Repairs West End of Jones Street 35 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 36 Installation of (1) new tieback rod and MR-SR Manta Ray per plan specifications. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 37 Cleaning around pipe and slab joint, Grouting with hydraulic cement, backfilling void with shell/pea gravel along with topsoil and sod needed for restoration. LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 38 Ground prep & sod.SF 225 1.50$ 337.50$ 337.50$ -$ -$ -$ Location (8) Seawall Repairs Stevenson Creek at Betty Lane 39 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 3,000.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 40 South side – Installation of tieback rod and MR-1 Manta Ray per plan specifications. EA 2 1,500.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 41 South side – Epoxy and grouting.LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 42 North Side – Installation of sheet piles per plan specifications. LF 116 250.00$ 29,000.00$ 29,000.00$ -$ -$ -$ 43 North Side – Installation of tieback system per plan specifications. LS 1 8,000.00$ 8,000.00$ 8,000.00$ -$ -$ -$ 44 North side – Filler concrete and capping per plan specifications. LF 116 180.00$ 20,880.00$ 20,880.00$ -$ -$ -$ 45 Ground prep & sod.SF 3000 1.50$ 4,500.00$ 4,500.00$ -$ -$ -$ Location (9) Seawall Repairs at Third Street End at Hamdent Dive Printed : 4/17/2020 Page 5 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 47 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 2,500.00$ 2,500.00$ 2,500.00$ -$ 48 Installation of PVC drains per plan specifications.EA 13 150.00$ 1,950.00$ 1,950.00$ -$ 49 Clean and seal vertical joints with hydraulic grout.LF 107 75.00$ 8,025.00$ 8,025.00$ -$ 50 Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 70 400.00$ 28,000.00$ 28,000.00$ -$ 51 Behind the 107LF of cap, trench 15" deep x 12" wide to locate and collapse any voids and fill voids with clean fill. LF 107 45.00$ 4,815.00$ 4,815.00$ -$ 52 Ground prep, sod and final restoration. SF 1000 1.50$ 1,500.00$ 1,500.00$ -$ Subtotal 231,555.00$ 46,790.00$ 278,345.00$ 69,750.00$ -$ 69,750.00$ 46 10% Contingency LS 1 23,155.50$ 23,155.50$ 4,679.00$ 27,834.50$ 4,221.50$ -$ 4,221.50$ Total Contract 254,710.50$ 51,469.00$ 306,179.50$ 73,971.50$ -$ 73,971.50$ Printed : 4/17/2020 Page 6 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Contingency Items 27,834.50$ 4 NE & NW Walls – Installation of additionalf PVC drains not covered within plans. EA 2 150.00$ $ 300.00 $ - 2.00 $ 300.00 10 SW Wall – Vegetation Removal: (1) Brazilian Pepper, (1) Oleander and (3) Palm Trees. LS 1 700.00$ $ 280.00 $ - 0.40 $ 280.00 11 Ground prep & sod.SF 761 1.50$ $ 1,141.50 $ - 761.00 $ 1,141.50 47 Windward Passage Bridge 155518- S.E.C.,Perform similar as 270 Skiff Point: A depressed area behind the pipe needs to be excavated about 4' below cap for a visual inspection and check pipe for a break. Istall pipe collar and grouting along with any additional work to restore the area including fill and or sod. LS 1 2,500.00$ 2,500.00$ -$ 1.00 2,500.00$ $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Contingency 4,221.50$ -$ 4,221.50$ Total Contract $ 254,710.50 $ 51,469.00 $ 306,179.50 $ 73,971.50 $ 73,971.50 -$ Retainage -$ Current Payment Due -$ Earned Printed : 4/17/2020 Page 7 of 15 Remaining Balance Per Cent Comp 3,750.00$ 50% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% April 2, 2020 Printed : 4/17/2020 Page 8 of 15 Remaining Balance Per Cent Comp April 2, 2020 -$ 100% -$ 100% -$ 100% 1,200.00$ 27% 5,400.00$ 400.00$ 225.00$ 6,600.00$ 52% -$ 100% 6,400.00$ 3,000.00$ 60% 700.00$ 2,587.50$ 1,200.00$ Printed : 4/17/2020 Page 9 of 15 Remaining Balance Per Cent Comp April 2, 2020 7,275.00$ 9,600.00$ 9,600.00$ 10,000.00$ 9,600.00$ 1,500.00$ 3,000.00$ 700.00$ 3,600.00$ 1,500.00$ 400.00$ 450.00$ Printed : 4/17/2020 Page 10 of 15 Remaining Balance Per Cent Comp April 2, 2020 1,500.00$ 1,500.00$ 700.00$ 337.50$ 3,000.00$ 3,000.00$ 700.00$ 29,000.00$ 8,000.00$ 20,880.00$ 4,500.00$ Printed : 4/17/2020 Page 11 of 15 Remaining Balance Per Cent Comp April 2, 2020 2,500.00$ 1,950.00$ 8,025.00$ 28,000.00$ 4,815.00$ 1,500.00$ 208,595.00$ 25% 23,613.00$ 15% 232,208.00$ 24% Printed : 4/17/2020 Page 12 of 15 Remaining Balance Per Cent Comp April 2, 2020 23,613.00$ 15% $ 232,208.00 24% Printed : 4/17/2020 Page 13 of 15 Change Order 1 Date: April 14, 2020 PROJECT:PROJECT NUMBER: 19-0021-EN 2019 City Seawalls CONTRACT:19001744 CONTRACTOR: COUNCIL AWARD: September 5, 2019 Waterfront Engineering, Inc DATE OF CONTRACT: October 31, 2019 3940 Fountainebleau Dr Tampa, FL 33634 CODE: ENGF180006-CONS-CNSTRC SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Waterfront Engineering, Inc. ORIGINAL CONTRACT AMOUNT NEW CONTRACT AMOUNT By: (Seal) Jan Anseeuw,Vice President Date: Frank Hibbard, Mayor ATTEST:Witnesses: (two) Rosemarie Call, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Horne, II City Manager Sarah Kessler, Project Manager APPROVED AS TO FORM: Owen Kohler, Assistant City Attorney Tara Kivett, PE, City Engineer increase/add items for additional seawall repair at 3rd St. and Hamden Dr. - see attached. 254,710.50$ Change Order 1-City Council 5/7/2020 51,469.00$ 306,179.50$ Page 2 of 2 Change Order 1: 2019 City Seawalls Item Description Unit Quantity Unit Price Total Cost Increases: 46 10% Contingency LS 0.202068623 23,155.50 4,679.00 Additions: Location (9) Seawall Repairs at Third Street End at Hamden Drive 47 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 2,500.00 2,500.00 48 Installation of PVC drains per plan specifications. EA 13 150.00 1,950.00 49 Clean and seal vertical joints with hydraulic grout. LF 107 75.00 8,025.00 50 Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 70 400.00 28,000.00 51 Behind the 107LF of cap, trench 15" deep x 12" wide to locate and collapse any voids and fill voids with clean fill. LF 107 45.00 4,815.00 52 Ground prep, sod and final restoration. SF 1000 1.50 1,500.00 Total Additions:46,790.00 Total Net /Increases/Addtions to Contract:51,469.00 ^_^_^_ ^_ ^_ ^_ I SLAND WAY MEMORIAL CSWY BAYSIDE DR S GULFVIEW BLVD MANDALAY AVE LEEWARD IS CORONADO DR B AY WAY B L VD HAMDEN DR WINDWARD PSGE MI DWAY I S P A L M IS S E P A L M IS N E DEVON DR BRIGHTWATER DR LARBOARD WAY POINSETTIA AVE SKIFF PT FIFTH ST BAYMONT ST BAY ESPLANADE EAST SHORE DR DOL PH IN P T EAST SHORE DRPALM IS SW CAUSEWAY BLVD P A L M IS N W KENDALL ST ROCKAWAY ST LOCATION MAP 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 2019 City SeawallsProject # 19-0021-EN Page 2 of 2Date:4/20/2020XXXXGrid #:XX-XXs-XXeS-T-R:CRMMap Gen By:SKReviewed By: Document Path: C:\Users\Christopher.Melone\Desktop\2019 City Seawalls_19-0021-EN_2_2.mxd Added Seawall Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7726 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at least $80,388.96 and authorize the appropriate officials to execute same. (consent) SUMMARY: The State of Florida Department of Environmental Protection found that City of Clearwater discharged approximately 1,500 gallons of untreated wastewater to a nearby waterbody known as Clearwater Harbor on June 24, 2019; 13,050 gallons of untreated wastewater to Allen’s Creek on July 25, 2019 and August 16, 2019; 7,750 gallons of untreated wastewater to the Intercoastal Waterway on August 16, 2019; 500 gallons of untreated wastewater to Stevenson Creek on August 16, 2019; and 18,000 gallons of untreated wastewater to Tampa Bay on August 16, 2019. In addition, the facility bypassed the Sand Filters at the Marshall St. WRF on August 16, 17 and 19, 2019 resulting in a discharge of approximately 3.0M gallons of partially treated wastewater to Stevenson creek. These discharges resulted in alleged water quality violations and alleged violations of Section 403.121 (3)(b), Florida Statutes, and Rules 62-604.130(1) and 62-302.500(2)(e), Florida Administrative Code. Each of the spills referenced in the Settlement Agreement were self-reported to the FDEP immediately when they occurred by Utility staff members. The Public Utilities Department (Department) self-reports every spill of any kind or volume. Spills occur due to a number of reasons, some beyond our immediate control like damage to our pipelines by independent contractors or when collection system flows become excessive due to the entrance of large amounts of storm water into our collection system during very heavy rainfall, tropical storms and hurricanes. Some of the spills occur due to the malfunction or failure of mechanical equipment and some due to human error. The Department has an extensive multi -faceted program underway to reduce the impacts of rainfall induced high collection system flows. In addition, Department holds independent contractors that damage the city collection system piping responsible for their errors and assess damages. The Department addresses any employee errors when they occur and informs the entire team of changes to standard protocols developed to prevent similar errors going forward. The City and FDEP agreed to resolve this matter by the City implementing an in-kind penalty project in the amount of $80,388.96, pending approval by City Council. Page 1 City of Clearwater Printed on 5/4/2020 File Number: ID#20-7726 APPROPRIATION CODE AND AMOUNT: Funding will be provided by the capital and operating codes needed to cover the cost of the in-kind project. Page 2 City of Clearwater Printed on 5/4/2020 FLORIDA DEPARTMENT O F Environmental Protection Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida, 33637-0926 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary March 2, 2020 Mr. David Porter, P.E., Director City of Clearwater Public Utilities 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 David.porter@myclearwater.com SUBJECT: Department of Environmental Protection v. City of Clearwater, OGC File No.: 20-0100 Marshall St. WRF – FL0021857 Northeast WRF – FL0128937 East WRF - FL0021865 Mr. Porter: The State of Florida Department of Environmental Protection (“Department”) finds that City of Clearwater (“Respondent”) discharged approximately 1,500 gallons of untreated wastewater to a nearby waterbody known as Clearwater Harbor on June 24, 2019; 13,050 gallons of untreated wastewater to Allen’s Creek on July 25, 2019 and August 16, 2019; 7,750 gallons of untreated wastewater to the Intercoastal Waterway on August 16, 2019; 500 gallons of untreated wastewater to Stevenson Creek on August 16, 2019; and 18,000 gallons of untreated wastewater to Tampa Bay on August 16, 2019. In addition, the facility bypassed the Sand Filters at the Marshall St. WRF on August 16, 17 and 19, 2019 resulting in a discharge of approximately 3.0M gallons of partially treated wastewater to Stevenson creek. These discharges all resulted in water quality violations and are in violation of Section 403.121 (3)(b), Florida Statutes, and Rules 62-604.130(1) and 62-302.500(2)(e), Florida Administrative Code. Although there are no further actions required to correct the violation, you remain subject to civil penalties as a result of the violation. You are also responsible for costs incurred by the Department during the investigation of this matter. The Department’s Offer DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 2 Based on the violations described above, the Department is seeking $37,600.00 in civil penalties, $7,592.64 in economic benefit, $8,400.00 for a history of non-compliance, and $250.00 for costs and expenses the Department has incurred in investigating this matter, which amounts to a total of $53,842.64. In lieu of making cash payment of $53,592.64 in civil penalties as set forth in the above paragraph, Respondent may elect to off-set this amount by implementing an in-kind penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration or a capital/facility improvement project. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half times the civil penalty off-set amount, which in this case is the equivalent of at least $80,388.96. If Respondent chooses to implement an in-kind project, Respondent shall notify the Department of its election by electronic mail to Lance Kautz at Lance.Kautz@FloridaDEP.gov within 15 days of the effective date of this Settlement Agreement. Notwithstanding the election to implement an in-kind project, payment of the remaining $250.00 in costs must be paid within 30 days of the effective date of the Settlement Agreement. If Respondent elects to implement an in-kind project, then Respondent shall comply with all the requirements and time frames in Exhibit A entitled In-Kind Projects In the event that Respondent elects to off-set civil penalties by implementing an in-kind penalty project which is approved by the Department, during the period that this Agreement remains in effect or during the effective date of any Department issued Permit to Respondent whichever is longer (Prohibited Transfer Duration), Respondent shall not transfer or use funds obtained by the Respondent from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System (hereinafter, Prohibited Transfer). The Department agrees that any and all PILOT (payment in lieu of taxes) made by the City of Clearwater Public Utilities Enterprise Fund to the City of Clearwater General Fund will not be considered a Prohibited Transfer and will not violate this Agreement. Respondent shall annually certify to the Department using the Annual Certification Form located on Exhibit B to this Agreement that no Prohibited Transfer has occurred. In the event of any Prohibited Transfer, the In-Kind project option shall be forfeited, and entire civil penalty shall immediately become due and owing to the Department irrespective of any expenditures by the Respondent in furtherance of the In-Kind project. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 3 Respondent’s Acceptance If you wish to accept this offer and fully resolve this pending enforcement matter, please sign this Agreement and return it to the Department at 13051 North Telecom Parkway, Suite 101, Temple Terrace, FL, 33637-0926 by May 8, 2020. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk, it will constitute a final order of the Department pursuant to Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120, F.S. and the attached Notice of Rights. By accepting this offer you, David Porter: (1) acknowledge and waive your right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this offer; (2) acknowledge and waive your right to an appeal pursuant to Section 120.68, F.S.; and (3) acknowledge that payment of the above amount does not constitute a waiver of the Department’s right, if any, to recover emergency response related costs and expenses for this matter. The Department acknowledges that your acceptance of this offer does not constitute an admission of liability for the violation(s) referenced above. Respondent’s Performance After signing and returning this document to the Department, (1) Upon signing this Agreement, you must implement the In-kind Project in accordance with the requirements identified in the attached Exhibit. Your failure to timely start or complete the In-kind Project, or timely provide the Department with the Final Report, will cause the In-kind Project option to be forfeited and the balance of the civil penalty shall be due within 10 days of notice from the Department. (2) If you elect to implement the In-kind project, payment of $250 for costs and expenses must be paid within 30 days of the effective date of this Agreement. If you decide not to implement an In-kind Project, the Respondent shall pay the full penalty amount, including costs and expenses, of $53,842.64 by June 8, 2020. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 4 (3) Make all payments required by this Agreement by cashier's check, money order or on-line payment. Cashier’s check or money order shall be made payable to the “Department of Environmental Protection” and shall include both the OGC number assigned to this Agreement and the notation “Water Quality Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/ It will take a number of days after this agreement is final and effective filed with the Clerk of the Department before ability to make online payment is available. The Department may enforce the terms of this document, once final, and seek to collect monies owed pursuant to Sections 120.69 and 403.121, F.S. Until clerked by the Department, this Agreement is only a settlement offer and not a final agency action. Consequently, neither you nor any other party may request an administrative hearing to contest this Agreement pursuant to Chapter 120, F.S. Once this Agreement is clerked and becomes a final order of the Department, as explained above, the attached Notice of Rights will apply to parties, other than you, whose interests will be substantially affected. Electronic signatures or other versions of the parties’ signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Agreement will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. Please be aware that if you decline to respond to the Department’s offer, the Department will assume that you are not interested in resolving the matter and will proceed accordingly. If you have any questions, please contact Lance Kautz at 813-470-5903 or at Lance.Kautz@FloridaDEP.gov . Sincerely, ______________________________ Mary E. Yeargan, PG District Director Southwest District DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 5 FOR THE RESPONDENT: I, _____________________________________ [David Porter], HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE. By: _____________________________ Date: _____________________________ [Signature] Title: _____________________________ [Type or Print] FOR DEPARTMENT USE ONLY DONE AND ORDERED this __ day of ____________, 2020, in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ____________________________________ Mary E. Yeargan, PG District Director Southwest District Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. ________________________________ _____________________ Clerk Date Attachments: Notice of Rights DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 6 Copies furnished to: Lea Crandall, Agency Clerk Mail Station 35 DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 7 NOTICE OF RIGHTS Persons who are not parties to this Agreement, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Agreement means that the Department’s final action may be different from the position it has taken in the Agreement. The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Agreement; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner’s substantial interests will be affected by the Agreement; d) A statement of when and how the petitioner received notice of the Agreement; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Agreement; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Agreement; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Agreement. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at the address indicated above. Failure to file a petition within the 21-day period constitutes a person’s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida Statutes, is not available in this proceeding. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 8 Exhibit A In-Kind Projects I. Introduction An in-kind project a. Within 60 days of the effective date of this Settlement Agreement, Respondent shall submit, electronically or by certified mail, a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the in-kind project. Proposal Certification Form b. The proposal shall also include a Certification by notarized affidavit from senior management official for City of Clearwater who shall testify as follows: My name is _____________________ (print or type name of senior management official) and do hereby testify under penalty of law that: A. I am a person with management responsibilities for City of Clearwater budget and finances. During the eighteenth month period prior to the effective date of Settlement Agreement OGC Case No.: 20-0100 there has not been any transfer or use of funds obtained by the City of Clearwater from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the sewer system or to any capital improvement needs of the sewer system. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 9 Sworn to and subscribed before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of __________________, 2020 by________________________________________ Personally, known or by Production of the following Identification _________ Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/Serial No.: c. If the Department requests additional information or clarification due to a partially incomplete in-kind project proposal or requests modifications due to deficiencies with Department guidelines, Respondent shall submit, electronically or by certified mail, all requested additional information, clarification, and modifications within 15 days of receipts of written notice. d. If upon review of the in-kind project proposal, the Department determines that the project cannot be accepted due to a substantially incomplete proposal or due to substantial deficiencies with minimum Department guidelines; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the proposal. Respondent shall correct and redress all of the matters at issue and submit, electronically or by certified mail, a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not approved by the Department, Respondent shall make cash payment of the civil penalties as set forth in the Settlement Agreement, within 30 days of Department notice. e. Within 120 days of the effective date of this Settlement Agreement, Respondent shall obtain approval for an in-kind project from the Department. If an in- kind project proposal is not approved by the Department within 120 days of the effective date of this Settlement Agreement, then Respondent shall make cash payment of the civil penalties as set forth in the Settlement Agreement, within 30 days of Department notice. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 10 f. Within 180 days of obtaining Department approval for the in-kind proposal or in accordance with the approved schedule submitted pursuant to paragraph (a) above, Respondent shall complete the entire in-kind project. g. During the implementation of the in-kind project, Respondent shall place appropriate sign(s) at the project site indicating that Respondent’s involvement with the project is the result of a Department enforcement action. Respondent may remove the sign(s) after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s) at the site indicating that the reason for the project was anything other than a Department enforcement action. h. In the event, Respondent fails to timely submit any requested information to the Department, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the civil penalty listed in the Agreement, no additional penalties shall be assessed for failure to complete the requirement of this paragraph. i. Within 15 days of completing the in-kind project, Respondent shall notify the Department, electronically or by certified mail, of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the project. j. If upon review of the notification of completion, the Department determines that the project cannot be accepted due to a substantially incomplete notification of completion or due to substantial deviations from the approved in-kind project; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the project. Respondent shall correct and redress all of the matters at issue and submit, electronically or by certified mail, a new notification of completion within 15 days of receipt of the Department’s notice. If upon review of the new submittal, the Department determines that the in-kind project is still incomplete or not in accordance with the approved proposal, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalty shall be due from the Respondent to the DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 11 Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the civil penalties listed in the Agreement, no additional penalties shall be assessed for failure to complete the requirements of this paragraph. DEP vs. City of Clearwater - Marshall St., East and Northeast WRF OGC No. 20-0100 Page 12 Exhibit B Annual Certification Form My name is ______________ (print or type name of senior management official) and do hereby testify under penalty of law that: A. I am a person with management responsibilities for ___________ (print or type name of Respondent) budget and finances. During the twelve month period immediately preceding the notary date on this Certification, there has not been any transfer or use of funds obtained by the __________ (print or type name of Respondent) from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of __________________, 20___ by ________________________________________ Personally, known or by Production of the following Identification _________ Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/Serial No.: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7723 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. Jannelli, et al., Case No. 19-1896-CI. (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 then filed a foreclosure action against Gilbert Jannelli owner of the property located at 23837 US Highway 19 N. The property has been brought into full compliance with the City’s codes and the owner has offered to pay $100,000.00 to settle this case. Therefore, authority is being sought to settle this case for $100,000.00 in exchange for which the City: 1) will release the liens that attach to this property; 2) agree not to encumber the property with any future municipal liens stemming from any violations of properties the owner owns other than the one at issue in this case for a period of 18 months; and 3) and dismiss the lawsuit. Page 1 City of Clearwater Printed on 5/4/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7730 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve renewal of Legal Services Agreement with Bryant Miller Olive for a three-year period to act as Bond Counsel and authorize appropriate officials to execute same. (consent) SUMMARY: The services provided by the bond counsel include providing all necessary legal services required for issuance of City of Clearwater bonds, including rendering a written legal opinion as to the legality of the bonds and the proceedings by which they are issued and the exclusion from gross income for federal income tax purposes of the interest paid on the bonds. The costs incurred for this service due to bond issuance will be paid from bond proceeds. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109821 530100 to cover the cost of the contract. Page 1 City of Clearwater Printed on 5/4/2020 PROFESSIONAL SERVICES RETAINER AGREEMENT THIS AGREEMENT made this 15th day of May, 2020, by and between the CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA (the "City"), P.O. Box 4748, Clearwater, Florida 33758-4748, and the law firm of BRYANT MILLER OLIVE P.A., TALLAHASSEE, FLORIDA (the "Firm"), 101 North Monroe Street, Suite 900, Tallahassee, Florida 32301. WITNESSETH: WHEREAS, the City wishes to retain a law firm to serve as Bond Counsel to the City in cormection with various bond issues and other matters for three (3) years; and NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein contained, the parties do hereby agree as follows: SECTION 1, AUTHORIZATION TO PROCEED AS BOND COUNSEL. The Firm is hereby authorized to provide Bond Counsel services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. TERM. This Agreement will be effective for three (3) years from the date of execution. SECTION 3. PROFESSIONAL SERVICES. The Firm hereby agrees to provide its professional services and facilities in connection with all bond issuance and other debt activities of the City subject to the conditions and in consideration of the payment of fees set forth herein. The Firm, in its role as Bond Counsel, agrees, at the request of the City, to: (A) Review proposed financing programs as to the legal feasibility, compliance with applicable law and pending or proposed revision to the law, including U.S. Treasury regulations. (B) Advise as to structuring procedures, required approvals and filings, schedule of events for timely issuance, potential cost-saving techniques and other legal matters relative to issuance of the debt mstrument(s). (C) Attend meetings with City Staff and officials, the City's financial advisor, underwriters, rating agencies and others as appropriate for development or sale of bonds or dissemination of information in cormection therewith. (D) Prepare bond ordinances or resolutions and any amendments thereto in order to authorize the issuance of the bonds. (E) Prepare any trust indenture; escrow deposit agreement; registrar or paying agent agreement; and any other agreements of similar documents necessary, related or incidental to the financing. [BU-11-9601-439/251907/1] (F) Prepare all pleadings (e.g. complaint, notice of service, proposed answer, memorandum of law, proposed order, etc.) and, as requested by the City Attorney, assist in or conduct the validation hearing. (G) Review the transcript of all proceedings in connection with the foregoing and indicate any necessary corrective action. (H) If sale is by competitive bid, assist in preparation of the bid documents, notice of sale, evaluation of bids and any other documentation or action necessary to conduct a sale of the bonds in that manner. (I) Review all disclosure documents prepared or authorized by the City insofar as such documents describe the bonds and summarize the imderlying documents. However, the Bond Counsel assumes no responsibility for the disclosure documents insofar as such documents describe the financial circumstances of the offering or any other statistical projections or data and the Bond Counsel assumes no responsibility for preparing "Blue Sky Memorandums," registering obligations of the City in any State or for preparing legal investment surveys. (J) Prepare, obtain, deliver and file all closing papers necessary in connection with the sale and issuance of the bonds, mcluding, but not limited to, certified copies of all minutes, ordinances, resolutions and orders; certificates such as officers, seal, incumbency, signature, no prior pledge, arbitrage and others; and verifications, consents and opinions from accountants, engineers, special consultants and attorneys. (K) Review all underwriting proposals, prepare all closing documents and attend and assist in the closing. (L) Render an opinion in written form at the time the bonds are delivered, which opinion will cover (1) the legality of the bonds and the proceedings by which they are issued and (2) the exemption from gross income for federal income tax purposes of the interest paid on the bonds. SECTION 4. PROFESSIONAL FEES FOR PROFESSIONAL SERVICES. A. The City and the Firm agree to the following schedule of fees in connection with Bond Counsel representation: [BU-11-9601-439/251907/1] Fixed Rate General Obligation Bonds’^ Fixed Rate Revenue Bonds’^ Variable Rate Revenue Bonds’^ First $45,000,000 @$1.00 @1.40 @1.50 $45,000,000 and above @$.75 @0.90 @1.00 *per $1,000 principal amount The minimum Bond Counsel fee for direct City issues is $18,000 for publicly offered bond issues and $20,000 for bank loans, and expenses would be reimbursed at actual out of pocket costs in accordance with the existing Bond Counsel services contract. B. For conduit financings, the City agrees that the Bond Counsel shall be compensated for the above services at the time bonds are delivered according to the following schedule: FIRST SECOND NEXT NEXT IN EXCESS OF $5,000,000 5,000,000 10,000,000 10,000,000 30,000,000 @ $5.00 per $1,000 3.00 per $1,000 2.00 per $1,000 1.70 per $1,000 1.00 per $1,000 The minimum fee for industrial development bonds and private activity bonds is $30,000. Expenses will be capped at $7,500 but subject to negotiation in xmusual cases. The Bond Counsel understands that fees for conduit financings shall be paid by the obligor and not by the City. C. Fees for Bond Counsel serviees will be the same for a negotiated or competitive sale. SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform typical Bond Counsel services in connection with various issues of the City as noted, above, the Firm agrees to provide certain ancillary services, such as ongoing consultation with the City on routine matters, i.e., phone conversations, short correspondence and simple advice on proposed or closed transactions without additional cost. Other services can be provided as Bond Counsel such as (but not limited to) bond validation proceedings, preparation of legislation, preparation of ruling requests to the Internal Revenue Service ("IRS") for rulings required in particular financing, assisting the City in responding to an audit request from the IRS, seeking no action letters from the Securities and Exchange Commission and post-issuance compliance services, at the request of the City shall be performed at an hourly rate based on the level of the attorney providing the services and the complexity of the matter involved. No such services will be undertaken without prior approval of the Finance Director and/or the City Attorney, as applicable, on the scope of the [BU-11-9601-439/251907/1] requested legal services and the estimated costs of said services. The Firm will also provide, at the request of the City, professional services outside the customary scope of Bond Counsel services related to public finance matters including matters related, but not limited to, litigation, labor and employment law and general city attorney services at the governmental hourly rate based on the level of the attorney providing the services and the complexity of the matter involved. No such additional services will be undertaken without prior approval of the Finance Director and/or the City Attorney, as applicable, on the scope of the requested legal services and the estimated costs of said services. SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the Firm for reasonable out-of-pocket expenses without markup including but not limited to long distance calls and facsimile transmissions, copying or reproducing documents, postage, court costs, parking costs and travel incurred by the Firm in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 7. INDEMNIFICATION AND INSURANCE. The Firm agrees, through the provision of professional liability insurance and similar coverages, to protect, defend and indemnify the City and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character caused by any negligent act or omission of the Firm, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, the Firm shall procure and maintain during the life of this Agreement professional liability insurance in an amount in excess of $2,000,000. This provision shall survive the termination of this Agreement. SECTION 8. CONFLICT OF INTEREST. It is understood by the City and the Firm that the Firm is not aware of any clients of the Firm that currently present any conflict between the interest of the City and other clients of the Firm. If any potential conflict of interest arises during the time the Firm is representing the City, the Firm will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. The rules regulating The Florida Bar provide that common representation of multiple parties is permissible where the clients are generally aligned in interest, even though there is some difference in interest among them. The Firm has disclosed to the City that the Firm has, currently does and may in the future, serve as bond or disclosure counsel to other local governments, act as underwriters’ counsel and represent lending institutions on public finance matters inside and outside the State of Florida. From time to time, the Firm may represent financial institutions which may underwrite the City's bonds, notes or other obligations (and other financial institutions hired by the City) on financings for other governmental entities on unrelated matters. In all such cases, such representations are standard and customary within the industry and the Firm can effectively represent the City and the discharge of the Firm's professional responsibilities to the City will not be prejudiced as a result, either because such engagements [BU-11-9601-439/251907/1] will be sufficiently different or because the potential for such prejudice is remote and minor and outweighed by consideration that it is unlikely that advice given to the other client will be relevant in any respect to the subject matter, and the City expressly consents to such other representations consistent with the circumstances herein described. The Firm's representation on unrelated matters is not likely to create or cause any actual conflict, and such service will not be per se construed as a conflict or be objectionable to the City. The Firm understands that the City reserves the right to identify a representation that it finds objectionable in the future, in which case both parties agree to take appropriate steps to resolve the issue. Should any potential conflict arise in the future, the Firm would immediately disclose the facts to the City including the party with which there might be a conflict, the nature of the potential conflict, and the means of resolving such potential conflict, including but not limited to obtaining written conflict waivers from both parties and/or resignation of the representation or representations which is/are causing the conflict, if desired. SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and the Firm. SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon thirty days advance written notice to the Firm. In the event of cancellation, the Firm shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and the Firm that Robert C. Reid and Monique Spotts will be the lead attorneys assigned by the Firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the Firm if the services of both of these attorneys are unavailable to the City. [Remainder of page left intentionally page - signature page follows] [BU-11-9601-439/251907/1] IN WITNESS WHEREOF, the City and the Firm have executed this Agreement as of the date first written above. Countersigned:CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager By: Frank V. Hibbard Mayor Approved as to form and Legal sufficiency: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Witnesses:BRYANT MILLER OLIVE P.A. Title: Shareholder [BU-11-9601-439/251907/1] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7731 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve renewal of a Legal Services Agreement with Nabors, Giblin and Nickerson to serve as Disclosure Counsel for a period of three years beginning May 15, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: The services provided by the disclosure counsel include preparation of a Preliminary Official Statement and an Official Statement (disclosure statements) in connection with the sale of city bonds. Also, coordination with appropriate city personnel, city financial advisor, or other outside independent advisors in the preparation of any disclosure statements required by the City. The costs incurred for this service due to bond issuance will be paid from bond proceeds. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109821 530100 to fund this contract. Page 1 City of Clearwater Printed on 5/4/2020 DISCLOSURE COUNSEL RETAINER AGREEMENT THIS AGREEMENT made this ____ day of __________, 2020, by and between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758, hereinafter referred to as the "City" and the law firm of Nabors, Giblin & Nickerson, P.A., 2502 Rocky Point Drive, Suite 1060, Tampa, Florida 33607, herein after referred to as the "Disclosure Counsel." WITNESSETH: WHEREAS, the City and Disclosure Counsel previously entered into a retainer agreement dated May 14, 2015 based on the City's request for proposals and subsequent selection process. WHEREAS, the City now wishes to retain Disclosure Counsel in connection with various bond issues and other matters for an additional three (3) years. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein (the "Agreement"), the parties do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS DISCLOSURE COUNSEL. Disclosure Counsel is hereby authorized to provide Disclosure Counsel services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. TERM. The term of the Agreement will be effective for three (3) years from the date of execution. SECTION 3. DISCLOSURE COUNSEL SERVICES. Disclosure Counsel hereby agrees to provide its professional services and facilities in connection with all bond issuance and other debt activities of the City subject to the conditions and in consideration of the payment of fees set forth herein. Disclosure Counsel agrees, at the request of the City, to: (A) Consult with City officials and staff concerning disclosure questions and issues relating to the initial issuance of bonds or other indebtedness and continuing disclosure requirements. (B) Attend, upon request, meetings of the City Council (the "Council") or any meeting of staff, relating to the issuance of bonds or disclosure matters; (C) Prepare and review the City's bond purchase agreement in the event bonds are offered pursuant to a negotiated sale; 2 (D) Prepare and/or review the City public sale solicitation documents in the event bonds are offered pursuant to a competitive bid; (E) Prepare the City's preliminary and final official statements in connection with any bond offering; (F) Supervise and coordinate the printing and delivery of the preliminary and final official statements; (G) Review all bond documents prepared in connection with an issuance of bonds to the extent such documents involved disclosure matters; (H) Provide a written 10(b)-5 disclosure opinion to the City at the time any bonds are issued; (I) Provide a reliance letter or written 10(b)-5 disclosure opinion to the underwriters at the time any bonds are issued; (J) Consult with City officials and staff regarding all matters relating to continuing disclosure requirements, specifically those now imposed by the Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"). Disclosure Counsel's responsibilities with respect to continuing disclosure shall involve, but not limited to, the following issues: (1) determination of "material events" (as defined in the Rule) and timely disclosure of same; (2) yearly compilation, determination and disclosure of "annual information" (as described in the Rule); (3) yearly disclosure of audited financial statements; (4) timely disclosure of any material failure by the City to comply with the Rule; (5) determination and preparation of new language required by the Rule to be included in bond resolution and official statements; (6) obtaining assurances and obligations from other "material persons" or "obligated persons" (as such terms are defined in the Rule) involved in a bond transaction that such persons will comply with the Rule; and (7) any and all matters regarding the Rule and the City’s continuing disclosure obligations. 3 SECTION 4. PROFESSIONAL FEES FOR DISCLOSURE COUNSEL SERVICES. The City and Disclosure Counsel agree to the following schedule of fees in connection with Disclosure Counsel representation: First $10,000,000 $1.10* Above $10,000,000 $0.90* _________________ *Per $1,000 $5,000 minimum SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform typical services in connection with various issues of the City as noted, above, Disclosure Counsel agrees to provide certain ancillary services, such as ongoing consultation with the City on routine matters, i.e., phone conversations, short correspondence and simple advice on proposed or closed transactions without additional cost. Other services such as continuing disclosure services and performance of other legal services at the request of the City shall be performed at the rate of $150 per hour for partners and $125 per hour for associate attorney time. No such services will be undertaken without prior approval of the Finance Director and the City Attorney on the scope of the requested legal services and the estimated costs of said services. SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the Disclosure Counsel for reasonable out-of-pocket expenses as described above without markup including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Disclosure Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 7. INDEMNIFICATION AND INSURANCE. Disclosure Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Disclosure Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Disclosure Counsel shall procure and maintain during the life of this Agreement professional liability insurance in the minimum amount of $2,000,000. This provision shall survive the termination of this Agreement. SECTION 8. CONFLICT OF INTEREST. It is understood by the City and Disclosure Counsel that Disclosure Counsel is not aware of any clients of Disclosure Counsel that currently present any conflict between the interest of the City and other clients of Disclosure Counsel. If any potential conflict of interest arises during the time Disclosure Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7741 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9389-20 on second reading, amending Chapter 32, Article V, Division 2, Pretreatment and Discharge Restrictions to specifically prohibit hazardous waste pharmaceuticals to add requirements for dental facilities that remove or replace dental amalgam fillings, to add reporting and waste management practices for dental facilities, to require installation, certification and maintenance of dental vacuum suction systems, and to provide exemptions from these requirements. SUMMARY: Page 1 City of Clearwater Printed on 5/4/2020 1 Ordinance 9389-20 ORDINANCE NO. 9389-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING CHAPTER 32, ARTICLE V, DIVISION 2, PRETREATMENT AND DISCHARGE RESTRICTIONS; AMENDING SECTION 32.211 TO ADD DEFINITIONS; AMENDING SECTION 32.212, TO SPECIFICALLY PROHIBIT HAZARDOUS WASTE PHARMACEUTICALS, TO ADD REQUIREMENTS FOR DENTAL FACILITIES THAT REMOVE OR REPLACE DENTAL AMALGAM FILLINGS, TO ADD REPORTING AND WASTE MANAGEMENT PRACTICES FOR DENTAL FACILITIES, TO REQUIRE INSTALLATION, CERTIFICATION AND MAINTENANCE OF DENTAL VACUUM SUCTION SYSTEMS, AND TO PROVIDE EXEMPTIONS FROM THESE REQUIREMENTS; RENUMBERING SUBSECTIONS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the uniform requirements for Industrial Pretreatment of wastewater collection and discharge restrictions, as set forth in this Division 2 in 1999. WHEREAS, based upon requirements in the Dental Amalgam Rule, 40 CFR 441, and the pharmaceutical hazardous waste sewer ban, 40 CFR 266.505, the City of Clearwater finds it necessary to amend its ordinances in order to comply with state and federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Division 2, Section 32.211, Code of Ordinances, is amended as follows: Sec. 32.211 General provisions. ***** (4) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated. ***** Hazardous waste pharmaceutical. A pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D. 2 Ordinance 9389-20 Healthcare facility. Any person that is lawfully authorized to: (1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or (2) Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers. ***** Pharmaceutical. Any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps. ***** Reverse distributor. Any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. ***** 3 Ordinance 9389-20 Section 2: Division 2, Section 32.212, Code of Ordinances, is amended as follows: Sec. 32.212 General sewer use requirements. (1) Prohibited discharge standards. ***** (b) Specific prohibitions. No user shall introduce or cause to be introduced into the WWF the following pollutants, substances, or wastewater: ***** 18. Hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. ***** (4) Requirements for dental facilities that remove or place amalgam fillings. (a) Definitions. For the purposes of this section (4) the following words and phrases shall be as defined herein. 1. Amalgam separator. A device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. 2. Amalgam waste. Non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules. 3. ANSI/ADA Standard No. 108. The American National Standards Institute and American Dentistry association standard for amalgam separators. 4. Existing Source. Any facility subject to this section (4) whose first discharge to the sewer collection system occurred on or before July 14, 2017. 4 Ordinance 9389-20 5. ISO 11143. The International Organization for Standardization’s standard for amalgam separators. 6. New Source. Any facility subject to this section (4) whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge. (b) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following reporting and waste management practices: 1. For existing sources, the One-Time Compliance Report is due no later than October 12, 2020 or no later than 90 days after transfer of ownership. 2. For new sources, the One-Time Compliance Report is due within 90 days of the start of discharge to the sewer collection system. 3. No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer. 4. Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer- containing solutions and shall maintain training records that shall be available for inspection by the director or designee during normal business hours. 5. Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials. 6. Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system. 7. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted. (c) All owners and operators of dental vacuum suction systems, except as set forth in subsections (d) and (e) of this section (4), shall comply with the following: 1. An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum 5 Ordinance 9389-20 suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. 2. Proof of certification and installation records shall be submitted to the director or designee within 30 days of installation. 3. Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the director or designee during normal business hours. Records shall be maintained for a minimum of three years. (d) Facilities with vacuum suction systems that meet all the following conditions may apply to the director for an exemption to the requirements of subsection (c) of this section: 1. The system is a dry vacuum pump system with an air-water separator. 2. The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge. 3. Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the director or designee during normal business hours. 4. The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank. 6 Ordinance 9389-20 An owner or operator whose facility meets the above conditions 1. through 4. may apply for this exemption by written letter to the director. The director or designee will review the system and, if the exemption is approved, shall provide a written letter of exemption. An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of this section (4) before commencing further operation. (e) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and prosthodontistry. (f) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice: 1. Submits the following statement to the city, signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance deadline identified in this subsection (b): “This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of 40 CFR § 403.12(l) of the above named dental facility, and certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”; 7 Ordinance 9389-20 2. Removes dental amalgam for limited emergency or unplanned, unanticipated circumstances; and 3. The dental practice notifies the city of any changes affecting the applicability of this certification. (g) Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited. (4) (5) Local limits. Local limits shall be established, using standard procedures, calculations and methods acceptable to FDEP, to protect against pass through and interference. A "plan of study" must be submitted to the department prior to beginning sampling necessary to determine local limits. No industrial user shall discharge process wastewater, individual regulated wastestreams, unregulated wastestreams, or dilute wastestreams in excess of the concentrations set forth by the director, or his/her designee. Local limits shall be included as permit conditions and attached to each significant industrial user (SIU) permit issued. (a) The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, WWF operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics. Modifications to the established local limits must be reviewed and approved by FDEP prior to implementation. Implementation of the modified limits shall be accomplished through the development and issuance of an addendum to each SIU permit. (b) The established local limits apply at the point where the wastewater is discharged to the WWF. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The coordinator may impose mass limitations in addition to, or in place of, the concentration based limitations set forth by the director, or his/her designee. (c) The pretreatment program may develop best management practices (BMPs) these may be implemented by ordinance or in individual wastewater discharge permits or general permits these BMP's shall be considered local limits and pretreatment standards 32.212(1) and shall be enforced as such. (5) (6) The city's right of revision. The city reserves the right to establish, by ordinance, or by the director, individual wastewater discharge permits, or general permits, more stringent standards or requirements for discharges to the WWF consistent with the purpose of this ordinance. (6) (7) Dilution. Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable 8 Ordinance 9389-20 pretreatment standard or requirement. The coordinator may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: This Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7743 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19. SUMMARY: Page 1 City of Clearwater Printed on 5/4/2020 Resolution No. 20-19 RESOLUTION NO. 20-19 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS – MAY 7, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY AND CONFIRMING MODIFICATION OF EMERGENCY REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, 2020, extended 7 days by Mayor Frank Hibbard on April 1, 2020, and confirmed by City Council in Resolution 20-14 on April 2, 2020, extended 7 days by Mayor Frank Hibbard on April 8 and April 15, 2020 and confirmed by City Council in Resolution 20-16 on April 16, 2020, then extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and Resolution No. 20-19 WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal Resolution No. 20-19 interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-___, “_______________________,” ______________________________________; and WHEREAS, as of May 7, 2020, _____ Florida residents (_____ total cases in Florida including non-residents), including _____ in Hillsborough County (including ___ deaths), _____ in Manatee County (including ___ deaths), _____ in Pasco County (including ___ deaths), _____ in Pinellas County (including ___ deaths), at least _____ cases of which are believed to be City of Clearwater residents, have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The April 22, 2020 state of emergency proclamation is hereby confirmed. Section 2. The April 29, 2020 state of emergency proclamation is hereby confirmed. Resolution No. 20-19 Section 3. The Emergency Management Director’s action on May ___, 2020 reopening City of Clearwater beaches effective May 4, 2020, modifying emergency measures in City of Clearwater Resolution 20-11 and pursuant to Pinellas County Resolution 20-34, is hereby confirmed. Section 4. The May 6, 2020 state of emergency proclamation is hereby confirmed. Section 5. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 7th day of May, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7739 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Solid Waste/ Recycling Complaints related to COVID-19 SUMMARY: Page 1 City of Clearwater Printed on 5/4/2020 5/1/2020 City of Clearwater Government - Home https://www.facebook.com/cityofclearwater/?ref=bookmarks 1/1 Privacy · Terms · Advertising · Cookies · More Facebook © 2020 Facebook is showing information to help understand the purpose of a Page. See a the people who manage and post content Confirmed Page Owner: CITY OF CLEARWATER Clearwater Police Dep Clearwater Parks and R Clearwater Fire & Resc Pages Liked by This Page English (US) · Español · Português (B Français (France) · Deutsch Ad Cho City of Clearwater Government Government Organization processing. Place only approved recyclable material in blue barrels for collection. 34,043 People Reached 2,790 Engagements Most Relevant Most Relevant is selected, so some replies may have been filtered out. View 1 more reply Send Message Boost Again Boosted on Apr 28, 2020 By Joelle Castelli Finishes in 1 day View Results People Reached 4.0K Post Engagement 478 798798 144 Comments 238 Shares Comment Share · Reply · Message · 2d Pat Forsstrom Vassar Thank you. Your people work so hard. I am glad we settled in Clearwater! 9Love · Reply · 2d City of Clearwater Government Our crews work very hard! We will share your kind words with our solid waste team. Author 7Like Leann Sanfilippo Cajigas Don’t you think we should get a break on our bills?? Didn’t see the price go down when you are not picking up?! Why is that? Th l d i th j b d f l d h d k b t th Comment as City of Clearwater Government Like Contact UsLikedFollowingShare Government @cityofclearwater Visit Ad Center Home About Photos MyClearwater Magazine Twitter Instagram Pinterest YouTube Posts Videos Events Services Shop Groups Notes Offers Jobs Community Promote Page Ad Center 1 Inbox 3 Events Creator Studio Manage Jobs More ▾Edit Page Info Settings City of Clearwater Government Joelle Home Find Friends Create Post Details Performance for Your Post 34,043 People Reached 1,431 1,359 Post Clicks NEGATIVE FEEDBACK Insights activity is reported in the Pacific time zone. Ads activity is reported in the time zone of your ad account. City of Clearwater Government Government Organization City of Clearwater Government Starting May 4, yard waste and bulk item collections will resume to service levels before COVID-19 affected city service. Blue-barrel recycling will no longer be rerouted to the Pinellas County Waste-to-Energy Plant. The Solid Waste Department will be fully staffed to collect and transport recycling for processing. Place only approved recyclable material in blue barrels for collection. April 28 at 12:34 PM · Send Message 798A Allyn Freeman, Rachel Smith and 796 others 84 Comments 238 Shares 34,043 People Reached 2,790 Engagements Boost Again Boosted on Apr 28, 2020 By Joelle Castelli Finishes in 1 day View Results People Reached 4.0K Post Engagement 478 Comment Share Reactions, Comments & Shares 881 Like 734 On Post 147 On Shares 83 Love 77 On Post 6 On Shares 4 Haha 2 On Post 2 On Shares 5 Wow 4 On Post 1 On Shares 1 Sad 1 On Post 0 On Shares 1 Angry 1 On Post 0 On Shares 217 Comments 144 On Post 73 On Shares 239 Shares 238 On Post 1 On Shares 84 Photo Views 16 Link Clicks 1,259 Other Clicks 13 Hide Post 2 Hide All Posts 0 Report as Spam 0 Unlike Page Like S O L I D W A S T E S E R V I C E S R E S U M E M A Y 4 F A C E B O O K R E P O R T May 1, 2020 Likes: 881 Haha: 4 Angry: 1Sad: 1Wow: 5Love: 83 O R I G I N A L P O S T R E A C T I O N S CIT Y OF C LE AR WATER FACEBOOK REPORT APRIL 28, 2 0 20 1 Solid Waste & Recycling Services Resume May 4 CIT Y OF C LE AR WATER FACEBOOK REPORT R E A C H This post was boosted for $50 for 4 days. Anticipated reach was 1-2K people per day in Clearwater boundary limits only. PEOPLE REACHED: 34,043 ENGAGEMENTS: 2,790 REACTIONS: 1,431 COMMENTS: 217 (144 ON POST; 73 ON SHARES) SHARES: 239 POST CLICKS: 1,359 PHOTO VIEW: 84 LINK CLICKS: 16 N E G A T I V E F E E D B A C K 2 HIDE POST: 13 HIDE ALL POSTS: 2 REPORT AS SPAM: 0 UNLIKE PAGE: 0 E N G A G E M E N T 3 E N G A G E M E N T 4 E N G A G E M E N T 5 E N G A G E M E N T 6 E N G A G E M E N T 7 E N G A G E M E N T 8 E N G A G E M E N T 9 E N G A G E M E N T 10 E N G A G E M E N T 11 E N G A G E M E N T 12 E N G A G E M E N T 13 E N G A G E M E N T 14 E N G A G E M E N T 15 E N G A G E M E N T 16 E N G A G E M E N T 17 T R A S H & R E C Y C L I N G S E R V I C E C H A N G E S N E X T D O O R R E P O R T REVISED April 24, 2020 H e l lo , nei g hb or s ! Ev e ryo ne a t t he ci ty o f Clear w a ter ho p e s yo u a re s t ayi ng h e a l t h y, p ra cti c ing s o ci a l d i st a n cing, a n d ta ki ng c a re of y our s e lf and y o u r f a mi lies . We h ave recei v e d s e ver a l c om m e n ts a n d q u e s t i ons a b out the c it y ’s t rash and r e c y cli n g ser vi ces, so w e hop e th is co mmu n ic ati o n h e lp s an swer y ou r questio n s . In r e sp o n s e to t h e ci ty o f Cl e ar w a t e r’s d e clar a t i on o f a stat e o f e merg e n cy d ue t o the C OV ID -1 9 pa n dem ic , ther e h a v e been s om e c hang e s to t h e ci t y’s tra sh a n d r e cycl in g c o ll e ct io n ser vi ces: R E CY CLING SE RVICE • C ol l e cted rec y c labl e s ar e b e i n g r e routed t o the P in e ll as Co unty W as te-t o - Ener g y Plant un t il f urt h e r no t i ce. Th e c it y a po l ogi z e s for the i n c onv e n ien ce. • Resi dent s may see br ow n o r whi te s ol id w a s t e or r e cy cl i n g t ruc k s p ic k i n g u p so l id w a s t e a n d rec yc l ing c ol l e ctio n s . • Resi dent s ar e asked t o plac e onl y t ra sh /g a rbage i n bl a ck b a rr e ls, an d t he blue bar rel s ar e r e s e rved f o r rec y c lab l e s o n ly . Y AR D WA STE • Yar d w as te a nd b ul k i tem c ol lecti o n i s n ow s u s pended u n t i l fur t h e r no ti ce. T h is col lec ti on ha s b e e n d e e med a non-e s sen t ia l c ity serv ic e , an d t hi s c h ange i s due to r e du ced st a f fi n g a nd adher e n ce to CD C guid e lines . • Resi dent s ar e asked t o refr ai n f ro m t ri mming tr e e s and cr e a t i n g u n nec e ssar y y a rd w a s t e deb ri s at th is t im e . • Fo r cu st omer s wh o don’t wa n t t o wai t f o r t he ci ty to r e s u me y ar d w as te co llec t i on, r e s idents ca n sel f-h aul a n d s e l f -u n load t h e ir y a rd w a s t e a t Pi n e l las Count y S oli d W a s t e D e par t ment . T h e co unty i s wa iving the $3 p e r c a r and $10 per p i ck up t ruc k f e e for ya r d waste d isp osal . Lar g e r vehi c les w ill p ay $3 9.7 5 p e r t on . T h e f a c il i t y is lo c a t e d at 30 95 11 4th A v e nue No rth , St. Pet e r s bu r g, F L , a nd can b e r e a c h e d at (72 7) 46 4 -7 50 0 . A ccep t e d fo rm s o f pay m e n t in cl ud e c redi t car ds on ly; n o c a s h . (m o r e ) CIT Y OF C LE AR WATER NEXTDOOR REPORT O R I G I N A L P O S T APRIL 1 4, 2020 Clearwater: Trash & Recycling Service Changes 1 Thanks: 25 Like: 0 Agree: 0 Haha: 0 Wow: 0 Sad: 0 O R I G I N A L P O S T R E A C T I O N S CIT Y OF C LE AR WATER NEXTDOOR REPORT APRIL 1 4, 2020 2 S OLID W AS T E/TR AS H C OLLE CTIO N • So lid wa st e c rews w i ll co n ti n ue t o p ro vi de resi d e n t ia l and co m mer ci al so lid w a s t e co ll e c t io n, a s wel l as res idential & mul ti -f a mi ly b lu e -b ar r e l c o ll e ct io n. F or questi o n s ab o u t t h e ci t y’s resp on se to CO VI D-19 (wh ic h a lso inc l u des inf or m ati on abo u t sol id w a s t e co ll e c t ions), v isi t m y c lear w ater .c o m /c ovid 19. T h e re is a t a b f or “S o li d W a s t e & Rec yc ling C o ll e ct io n C h a nges ,” a n d up d a t e s a re a l so li s t e d o n t h e S o li d W a s t e /R e cyc l ing p a ge, o r yo u can c al l the So l id Waste Op e ra t ions L ine at (72 7) 56 2 -4 92 0 . Tha n k s, a n d s tay s afe! Clearwater: Trash & Recycling Service Changes CIT Y OF C LE AR WATER NEXTDOOR REPORT R E A C H *U pdat ed eve r y 24 ho u rs. Does n ot inc l u de e-mail open s . Impressions are the amount of times someone saw this posts on their timeline. IMPRESSIONS: 13,594 COMMENTS: 166 E N G A G E M E N T 3 E N G A G E M E N T 4 E N G A G E M E N T 5 E N G A G E M E N T 6 E N G A G E M E N T 7 E N G A G E M E N T 8 E N G A G E M E N T 9 E N G A G E M E N T 10 E N G A G E M E N T 11 E N G A G E M E N T 12 E N G A G E M E N T 13 E N G A G E M E N T 14 E N G A G E M E N T 15 E N G A G E M E N T 16 E N G A G E M E N T 17 E N G A G E M E N T 18 E N G A G E M E N T 19 E N G A G E M E N T 20 E N G A G E M E N T 21 E N G A G E M E N T 22 E N G A G E M E N T 23 E N G A G E M E N T 24 E N G A G E M E N T 25 E N G A G E M E N T 26 E N G A G E M E N T 27 E N G A G E M E N T 28 E N G A G E M E N T 29 E N G A G E M E N T 30 S O L I D W A S T E S E R V I C E S R E S U M E M A Y 4 N E X T D O O R R E P O R T May 1, 2020 We u nd e rs tand t he f ru st r ati o n c aused b y the s u s pensi on o f s ome s oli d was te ser vi ces, an d w e a ppreci a te y o u r pa t ien ce a nd u n der s t a nd in g as w e seek to pr otect the heal th a nd saf e t y of th e p u b li c and ci ty emp l oyees. In antic ip ati o n of a l oo s e n in g o f s t a tewi de S t a y-a t-Ho m e res tric t i ons, c i t y m anag e m e n t is pl e a s e d to a n n o u n c e , s t a rting May 4 , C lear w ater ’s S o li d W a s t e & Rec yc li ng ser vi ces w ill r e tur n t o regu lar ser v i ce l e v e ls. Y AR D WA STE & RE C Y C L IN G RE SU M E M A Y 4 Y a rd w a s t e a n d b u l k i t e m co l lec ti ons w i ll r e s u me t o serv ic e lev e ls befor e th e CO VID-19 p and e mi c aff e cted ci ty s e rv ic e . B l u e -bar rel r e cy cl i n g w il l no lo nger b e r e routed t o the P in e ll as Count y Was te-to -E nerg y Pl a nt. T h e S oli d W a s t e D e pa rtmen t w il l b e f u lly s t aff e d t o c o ll e ct an d t ra n s po rt recyc l ing for pr oc e s sing. Pl e as e pl a c e o n l y a pp ro ved r e c y clab le mat e ri a l i n bl ue bar rel s f or co llec t i on. R E CY C LE PR OP E R L Y Clear w a ter S ol i d Wa ste & R e c y cli n g custo mer s s ho u ld co nti nue to u se thei r b lue r e c y c li n g bar rel s f or r e cy cl ab le mat e r i a ls on ly . T o reduc e co n taminat io n of th e ci ty’s c ol l e cted rec y c lab l e s, res idents s h ou ld r e member to S i m pli f y to 5 . T he onl y i t e m s t h a t sh ould b e pl a c e d i n y our bl u e r e c y cli n g bi n s h ould b e pl as ti c bo t tl e s an d conta iner s (#1 -7), m e t a l c a ns , gl as s b o t t l e s and jar s , fl a ttened car db o a rd bo x e s , and m ixed paper . Ev e r yth ing el s e sho u l d g o i n t he t rash. B IN S T O C U RB B Y 7 A.M . Pl e as e be s u re yo u r b lac k a n d b lue b a rr e ls a re p laced at t h e c ur b pr i or to 7 a .m . on yo ur c ol l e ctio n day o r the ni g h t bef or e . So l id w a s t e a n d rec yc l ing c rews begi n t hei r ro utes e a rl y. (m o r e ) CIT Y OF C LE AR WATER NEXTDOOR REPORT O R I G I N A L P O S T APRIL 28, 2 0 20 Emergency Alert: Solid Waste & Recycling Services Return to Business As Usual May 4 1 Thanks: 70 Like: 4 Agree: 0 Haha: 0 Wow: 0 Sad: 0 O R I G I N A L P O S T R E A C T I O N S CIT Y OF C LE AR WATER NEXTDOOR REPORT APRIL 28, 2 0 20 2 WE AS K FO R P ATIE N C E B e cau se yar d waste and bul k co llec t ions w e re no t bei n g ser vi ced f o r m ost o f Ap ril 2 020 , resi den t s might exp e rienc e so me del ays in th e ir y a rd w a st e an d bu lk co l lec ti on s e rv ic e due to h e a v y l oad s o r routes. If s o li d waste c r e ws a re n o t abl e t o c om pl e te ro u tes a s s c h e du led , they wi l l b e g in wher e t h e y lef t off th e d a y bef or e t o e n s u re e ver y o n e r e ceives y ar d w as t e a n d b u l k s e rv ic e . R e si d e n t s a r e a s k e d t o b e patient as sol id w a s t e cr e w s wo rk h ard t o get c a ught up a n d c oll e ct a l l mater ia ls t hat hav e b e e n pl ac e d c u rb s id e in C lea rwater ’s n e ig h bo rh oo ds w it h in th e l as t f e w w e e k s. QU ESTIO N S? Fo r qu e st io n s a bo u t t he city’s r e spo n s e to C OVID-19 (w h ich al so in cl u d e s in f or matio n a bo ut s ol i d w as te co l lec t i ons), v isi t m yc lea rwater .co m /c ov id 19 . T h e re i s a tab f or “So lid W as te & Re cyc l ing Co ll e c t ion C h anges,” a nd upd a tes a re al s o lis ted o n t he So lid W as te/R e cy cl i n g page, or you c a n cal l th e S ol i d Waste O per a t i ons L in e at (7 2 7) 56 2-49 2 0. Th a n k s , a nd stay safe! Emergency Alert: Solid Waste & Recycling Services Return to Business As Usual May 4 CIT Y OF C LE AR WATER NEXTDOOR REPORT R E A C H *U pdat ed eve r y 24 ho u rs. Does n ot inc l u de e-mail open s . Impressions are the amount of times someone saw this posts on their timeline. IMPRESSIONS: 5,035 COMMENTS: 54 E N G A G E M E N T 3 E N G A G E M E N T 4 E N G A G E M E N T 5 E N G A G E M E N T 6 E N G A G E M E N T 7 E N G A G E M E N T 8 E N G A G E M E N T 9 E N G A G E M E N T 10 The discussion on this post was closed Friday, May 1 at 2:22 p.m. COMMUNICATION TIMELINE Solid Waste Messaging During COVID-19 City Services Return to Business As Usual on May 4 May 1, 2020 Date: 4/27/20 Tool: City Manager Action – Approved Plan to Return to Full Solid Waste Staffing Levels (and to Resume Yard Waste, Bulk Collection & Recycling Pre-Sorting Services) Title/text: Approval of Return-to-Work Plan Messages: n/a Audience: SET & Solid Waste Mgmt Purpose: Resume all solid waste services as of 5/4/20 Analytics/Impressions: n/a Complaints: n/a Date: 4/28/20 Tool: Press Release Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: 200+ Media Alert outlets/reporters Purpose: Media coverage requests Analytics/Impressions: n/a Complaints: n/a Date: 4/28/20 Tool: COVID-19 Website, “Solid Waste & Recycling Changes” Section Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Website users to myclearwater.com/covid19 Purpose: Communicate service changes Analytics/Impressions: COVID Web Hits.xlsx Complaints: n/a Date: 4/28/20 Tool: Website, Solid Waste Department Pages (Homepage, SW Services, & Recycling pages) Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Web users to Solid Waste pages Purpose: Communicate service changes Analytics/Impressions: • Solid Waste Homepage: 678 • Solid Waste Services page: 81 • Recycling page: 143 Complaints: n/a Date: 4/28/20 Tool: Facebook Post & Graphic Title/text: Starting May 4, yard waste and bulk item collections will resume to service levels before COVID-19 affected city service. Blue-barrel recycling will no longer be rerouted to the Pinellas County Waste-to-Energy Plant. The Solid Waste Department will be fully staffed to collect and transport recycling for processing. Place only approved recyclable material in blue barrels for collection. Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 34,043 reach, 2,790 engagements, 217 comments, 239 shares Complaints: 40 (manywere from the same people) Date: 4/28/20 Tool: Instagram, Post & Graphic Title/text: Starting May 4, yard waste and bulk item collections will resume to service levels before COVID-19 affected city service. Blue-barrel recycling will no longer be rerouted to the Pinellas County Waste-to-Energy Plant. The Solid Waste Department will be fully staffed to collect and transport recycling for processing. Place only approved recyclable material in blue barrels for collection. Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. Audience: Instagram users (5,902 city followers) Purpose: Communicate service changes Analytics/Impressions: 38 likes, 3 comments Complaints: 0 Date: 3/28/20 Tool: Nextdoor, Emergency Alert & Graphic Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 5,035 impressions; 70 thank you; 4 love Complaints: 8 Note: An emergency alert notifies Nextdoor users through text/SMS notifications. Date: 4/2/20 Tool: Twitter Post Title/text: Starting May 4, yard waste & bulk collections will resume to pre-COVID19 service levels. The Solid Waste Dept will be fully staffed to collect yard waste & transport recycling for processing: http://myclearwater.com/covid19. Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Department is returning to full staffing levels. Audience: Twitter fans (19.7K followers) Purpose: Communicate service changes Analytics/Impressions: 2,310 impressions, 76 engagements Complaints: 0 Date: 4/28/20 Tool: Message Printed on City Utility Bills of Solid Waste Customers Title/text: Starting May 4, solid waste and recycling services will resume to service levels prior to the COVID-19 pandemic. Yard waste and bulk items will be picked up, and recyclables will be transported to the city's recycling processor. Please be patient as our crews catch up to clearing all yard waste. Please place only approved recyclable materials in blue barrels for collection. Visit myclearwater.com/recycling for info on what is recyclable, and go to myclearwater.com/covid19 for solid waste service updates. Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: ~27K Solid Waste customers Purpose: Communicate service changes Analytics/Impressions: n/a Complaints: n/a Date: 4/28/20 Tool: Website, “News & Info” News Item Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Website users to myclearwater.com and click on “News & Info” Purpose: Communicate service changes Analytics/Impressions: Unknown Complaints: n/a Date: 4/28/20 Tool: List Serve/Email Blast Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Residents who sign up for e-notifications Purpose: Communicate service changes Analytics/Impressions: 9,305 sent to all categories; 21.85% opened Complaints: n/a Date: 4/28/20 Tool: Online Calendar of Events Title/text: “CLEARWATER RESUMES SOLID WASTE & RECYCLING SERVICES” (May 4) Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. Audience: Residents who visit the city’s online calendar of events Purpose: Communicate service changes Analytics/Impressions: n/a Complaints: n/a Date: 4/28/20 Tool: Publicity, Clearwater Patch Article Title/text: “Clearwater Solid Waste & Recycling Services Resume on May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Clearwater Patch users Purpose: Media coverage Analytics/Impressions: Unknown Complaints: n/a Date: 4/29/20 Tool: Neighborhood Newsletter, sent by Juliahna Green Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: HOA Presidents & contacts; J. Green’s contact list Purpose: Update HOA leadership members & residents Analytics/Impressions: 215 contacts (approx.) Complaints: n/a Date: 4/29/20 Tool: Clearwater Neighborhood Coalition Update Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: CNC members Purpose: Communicate service changes Analytics/Impressions: n/a Complaints: Unknown Date: 5/1/20 Tool: Autodialer Message by Voice/phone, Text, and Web Notifications Title/text: “Clearwater Resumes Solid Waste & Recycling Services Starting May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: 27K solid waste/recycling customers Purpose: Communicate service changes Analytics/Impressions: Not available yet Complaints: n/a Date: 5/1/20 Tool: Publicity, Island Estates HOA Newsletter Article Title/text: “Clearwater Solid Waste & Recycling Services Resume on May 4” Messages: • City resumes all city solid waste services including yard waste and recycling services effective May 4. • Yard waste will be picked up starting May 4. • Please be patient as crews catch up on yard waste routes. • Recycling is no longer being rerouted to the Pinellas County waste-to-energy plant and instead will be taken to recycling processor. • Recycle properly; Simplify to 5. • Set black and blue barrels at the curb before 7 a.m. • Department is returning to full staffing levels. Audience: Residents in Island Estates Purpose: Neighborhood communications Analytics/Impressions: Unknown Complaints: n/a COMMUNICATION TIMELINE Solid Waste Messaging During COVID-19 City’s Solid Waste & Recycling Service Reductions April 30, 2020 Date: 3/27/20 Tool: City Manager Action - Deems Yard Waste, Bulk Collection & Recycling Pre-Sorting Non-essential Title/text: State of Local Emergency Messages: n/a Audience: SET & Solid Waste Mgmt Purpose: Declare non-essential as of 3/28/20 Analytics/Impressions: n/a Complaints: n/a Date: 3/27/20 Tool: Neighborhood Newsletter, sent by Juliahna Green Title/text: “March 2020 Update” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: HOA Presidents & contacts; J. Green’s contact list Purpose: Update HOA leadership members & residents Analytics/Impressions: 215 contacts (approx.) Complaints: n/a Date: 3/27/20 Tool: COVID-19 Website, “Solid Waste & Recycling Changes” Section Title/text: “Solid Waste & Recycling Collection Changes” section Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • City resumes yard waste/bulk service for one week only. • Yard waste & bulk collection is now officially suspended until further notice. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Summary of solid waste service changes (yard waste, bulk items, recycling) • Residents can take yard waste to Pinellas County/waived disposal fees. • Pinellas County has reinstated disposal fees effective April 20. Audience: Website users to myclearwater.com/covid19 Purpose: Communicate service changes Analytics/Impressions: COVID Web Hits.xlsx Complaints: n/a Note: This page was created March 27 and was updated multiple times following that time, sometimes many times a day. The section included all the city’s solid waste and recycling campaign messages during COVID-19. Substantial updates were made 4/2, 4/6, 4/13, 4/14, 4/15, and 4/20, minor tweaks at other times. Date: 3/27/20 Tool: Facebook Post & Graphic Title/text: Wondering what's open and closed in Clearwater? Here is today's update, March 27. Keep up with what’s going on in Clearwater at MyClearwater.com/COVID19 Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 6,218 reach, 1,206 engagements Complaints: 8 Date: 3/27/20 Tool: Instagram, Post & Graphic Title/text: Wondering what's open and closed in Clearwater? Here is today's update, March 27. Keep up with what’s going on in Clearwater at MyClearwater.com/COVID19 Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety Audience: Instagram users (5,902 city followers) Purpose: Communicate service changes Analytics/Impressions: 28 likes, 3 comments Complaints: 1 Date: 3/28/20 Tool: Nextdoor Post (as part of Neighborhood Update) Title/text: “Clearwater COVID-19 Updates & City Closures” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 5,157 impressions; 12 thank you; 1 love Complaints: 2 Date: 3/31/20 Tool: Press Release Title/text: “Clearwater: Yard Waste & Bulk Item Collection is Suspended” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: 200+ Media Alert outlets/reporters Purpose: Media coverage requests Analytics/Impressions: n/a Complaints: n/a Date: 3/31/20 Tool: Nextdoor, Post & Graphic Title/text: “Clearwater: Yard Waste & Bulk Item Collection is Suspended” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 4,203 impressions; 9 thank you; 2 wow; 1 sad Complaints: n/a (comments were disabled) Date: 3/31/20 Tool: List Serve/Email Blast Title/text: “Clearwater: Yard Waste & Bulk Item Collection is Suspended” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Residents who sign up for e-notifications Purpose: Communicate service changes Analytics/Impressions: 10,224 sent to all categories; 24.33% opened Complaints: n/a Date: 3/31/20 Tool: Website, “News & Info” News Item Title/text: “Clearwater: Yard Waste & Bulk Item Collection is Suspended” Messages: • City suspends Yard Waste & Bulk Collection Due to (1) Non- essential & (2)Staff Safety • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Website users to myclearwater.com and click on “News & Info” Purpose: Communicate service changes Analytics/Impressions: n/a (post is expired) Complaints: n/a Date: 3/31/20 Tool: Publicity, Tampa Bay Times Article Title/text: “Clearwater will pick up your yard waste and bulk items after all — for one more week” Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Timers readers Purpose: Media coverage Analytics/Impressions: Unknown Complaints: n/a Date: 4/2/20 Tool: Press Release Title/text: “Clearwater: Yard Waste & Bulk Item Collection to Resume for One Week Only Beginning Monday” Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: 200+ Media Alert outlets/reporters Purpose: Media coverage requests Analytics/Impressions: n/a Complaints: n/a Date: 4/2/20 Tool: List Serve/Email Blast Title/text: “Clearwater: Yard Waste & Bulk Item Collection to Resume for One Week Only Beginning Monday” Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Residents who sign up for e-notifications Purpose: Communicate service changes Analytics/Impressions: 385 sent to “News” category; 48.31% opened Complaints: n/a Date: 4/2/20 Tool: Website / News & Info Item Title/text: “Clearwater: Yard Waste & Bulk Item Collection to Resume for One Week Only Beginning Monday” Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Users who go to myclearwater.com and click on “News & Info Purpose: Communicate service changes Analytics/Impressions: n/a (post is expired) Complaints: n/a Date: 4/2/20 Tool: Facebook, Post & Graphic Title/text: Yard waste pick up will resume for one week (April 6 to 10), to give residents an opportunity to have their waste collected. This is a temporary, one week, resumption of yard waste and bulk item collection. After Friday, April 10, this service will be suspended again. Messages: • City resumes yard waste/bulk service for one week only. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 4,150 reach, 455 engagements Complaints: 2 Date: 4/2/20 Tool: Instagram, Post & Graphic Title/text: Yard waste & bulk item collection temporarily resume: April 6-10 only. Messages: • City resumes yard waste/bulk service for one week only. Audience: Instagram users (5,902 city followers) Purpose: Communicate service changes Analytics/Impressions: 18 likes, 0 comments Complaints: 0 Date: 4/2/20 Tool: Nextdoor, Post & Graphic Title/text: “Clearwater: Yard Waste & Bulk Item Collection to Resume for One Week Only Beginning Monday” Messages: • City resumes yard waste/bulk service for one week only. Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 3,223 impressions; 17 thank you Complaints: n/a (comments were disabled) Date: 4/2/20 Tool: Twitter Post Title/text: Because yard waste and bulk items have been placed at the curb for collection throughout the city, yard waste pick up will resume for one week (April 6 to 10), to give residents an opportunity to have their waste collected. Messages: • City resumes yard waste/bulk service for one week only. Audience: Twitter fans (19.7K followers) Purpose: Communicate service changes Analytics/Impressions: 1,789 impressions, 63 engagements Complaints: 0 Date: 4/4/20 Tool: Facebook, Post & Graphic Title/text: Due to the city working with limited staffing Clearwater’s recyclables are currently being taken to the Pinellas County Waste-to-Energy plant until further notice. We apologize for the inconvenience. Messages: • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 3,654 reach, 383 engagements, 11 comments, 12 shares Complaints: 3 Date: 4/4/20 Tool: Twitter, Post & Graphic Due to the city working with limited staffing Clearwater’s recyclables are currently being taken to the Pinellas County Waste-to-Energy plant until further notice. Messages: • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. Audience: Twitter fans (19.7K followers) Purpose: Communicate service changes Analytics/Impressions: 2,244 impressions, 62 engagements Complaints: 0 Date: 4/6/20 Tool: Clearwater Neighborhood Coalition Update Title/text: Clearwater Neighborhoods Coalition Updates Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: CNC members Purpose: Communicate service changes Analytics/Impressions: n/a Complaints: Unknown Date: 4/6/20 Tool: Facebook Post Title/text: Yard waste and bulk items will be collected this week only: April 6-10. Messages: • City resumes yard waste/bulk service for one week only. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 1,345 people reached, 32 engagements, 0 comments, 4 shares Complaints: 0 Date: 4/6/20 Tool: Twitter Post Title/text: Yard waste and bulk items will be collected this week only: April 6-10. Messages: • City resumes yard waste/bulk service for one week only. Audience: Twitter fans (19.7K followers) Purpose: Communicate service changes Analytics/Impressions: 1,554 impressions, 32 engagements Complaints: 0 Date: 4/7/20 Tool: Nextdoor Post (as part of a larger set of community updates) Title/text: “Clearwater: COVID-19 Updates” Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 4,398 impressions; 10 comments; 9 thank you Complaints: 2 Date: 4/7/20 Tool: Publicity, Clearwater Beacon Article Title/text: “Community Briefs” that include solid waste news Messages: • City resumes yard waste/bulk service for one week only. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. Audience: Beacon readers Purpose: Media coverage Analytics/Impressions: Unknown Complaints: n/a Date: 4/13/20 Tool: Facebook, Post & Graphic Title/text: Today marks the suspension of yard waste and bulk item collection. Service will remain suspended until further notice. We apologize for the inconvenience. Messages: • Yard waste & bulk collection is now officially suspended until further notice. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 5,260 people reached, 595 engagements, 22 comments, 29 shares Complaints: 8 Date: 4/13/20 Tool: Instagram, Post & Graphic Title/text: Today marks the suspension of yard waste and bulk item collection. Service will remain suspended until further notice. We apologize for the inconvenience. Messages: • Yard waste & bulk collection is now officially suspended until further notice. Audience: Instagram users (5,902 city followers) Purpose: Communicate service changes Analytics/Impressions: 11 likes, 11 comments Complaints: 3 Date: 4/14/20 Tool: Press Release Title/text: “Clearwater: Yard Waste & Bulk Item Collection is Suspended” Messages: • Summary of solid waste service changes (yard waste, bulk items, recycling). • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents can take yard waste to Pinellas County/waived disposal fees. Audience: 200+ Media Alert outlets/reporters Purpose: Media coverage requests Analytics/Impressions: n/a Complaints: n/a Date: 4/14/20 Tool: Nextdoor, Post & Graphic Title/text: “Clearwater Trash & Recycling Service Changes” Messages: • Summary of solid waste service changes (yard waste, bulk items, recycling) • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Residents can take yard waste to Pinellas County/waived disposal fees. • Pinellas County has reinstated their disposal fees effective April 20. (This message was communicated in the comments after April 20, while the post remained actively engaging.) • There will be no credit to the utility accounts for recycling services; recycling is being collected and rerouted to the waste-to-energy plant. (This message was communicated in the comments after the post went wildly active with comments and complaints.) Audience: Residents; 25,948 members who live in Clw neighborhoods Purpose: Communicate service changes Analytics/Impressions: 15,319 impressions; 202 comments; 27 thank you Complaints: 76 Date: 4/14/20 Tool: List Serve / Email Blast Title/text: “Clearwater: What Residents Can Expect With Trash & Recycling Services. There are Some Service Changes Due to COVID-19” Messages: • Summary of solid waste service changes (yard waste, bulk items, recycling) • Recycling is being rerouted to the waste-to-energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Residents can take yard waste to Pinellas County/waived disposal fees. Audience: Residents who sign up for e-notifications Purpose: Communicate service changes Analytics/Impressions: 9,293 sent to various categories; 25.58% opened Complaints: n/a Date: 4/14/20 Tool: Website, News & Info Item Title/text: “Clearwater: What Residents Can Expect With Trash & Recycling Services. There are Some Service Changes Due to COVID-19” Messages: • Summary of solid waste service changes (yard waste, bulk items, recycling) • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Residents can take yard waste to Pinellas County/waived disposal fees. Audience: Those who go to myclearwater.com and click on “News & Info Purpose: Communicate service changes Analytics/Impressions: n/a (post is expired) Complaints: n/a Date: 4/14/20 Tool: Website, Solid Waste Department Pages (Homepage, SW Services, & Recycling pages) Title/text: Accordion widget to the top of all three pages: “COVID-19 Trash & Recycling Collection Changes” dropdown list with important solid waste and recycling collection updates Messages: • Recycling is being rerouted to the waste-to-energy plant. • Yard waste & bulk collection is now officially suspended until further notice. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Summary of solid waste service changes (yard waste, bulk items, recycling) • Residents can take yard waste to Pinellas County/waived disposal fees (April 14). • Pinellas County has reinstated their disposal fees effective April 20. Audience: Web users to Solid Waste pages Purpose: Communicate service changes Analytics/Impressions: • Solid Waste homepage: 2,283 • Solid Waste Services page: 310 • Recycling page: 344 Complaints: n/a Date: 4/15/20 Tool: Facebook, Post & Graphic Title/text: Clearwater's collected recyclables are being rerouted to the Pinellas County Waste-to-Energy Plant until further notice, where they are turned into electricity. Details: http://myclearwater.com/covid19. Messages: • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 8,944 reach, 1,636 engagements, 108 comments, 60 shares Complaints: 46 Date: 4/15/20 Tool: Instagram, Post & Graphic Title/text: Clearwater's collected recyclables are being rerouted to the Pinellas County Waste-to-Energy Plant until further notice, where they are turned into electricity. You might see brown or white solid waste or recycling trucks picking up your trash and recycling. Details: www.myclearwater.com/covid19. #covid19 #coronavirus #wehavetofollowcdcguidelines Messages: • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. Audience: Instagram users (5,902 city followers) Purpose: Communicate service changes Analytics/Impressions: 18 likes, 1 comment Complaints: 1 Date: 4/15/20 Tool: Twitter, Post & Graphic Title/text: Clearwater's collected recyclables are being rerouted to the Pinellas County Waste-to-Energy Plant until further notice, where they are turned into electricity. You might see brown or white solid waste or recycling trucks picking up your trash and recycling. Details: www.myclearwater.com/covid19. #covid19 #coronavirus #wehavetofollowcdcguidelines Messages: • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. Audience: Twitter fans (19.7K followers) Purpose: Communicate service changes Analytics/Impressions: 1,650 impressions, 43 engagements Complaints: 1 Date: 4/15/20 Tool: Publicity, Clearwater Patch Article Title/text: “Clearwater City Administration Changes Trash & Recycling Services Schedule” Messages: • Yard waste & bulk collection is now officially suspended until further notice. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Summary of solid waste service changes (yard waste, bulk items, recycling) • Residents can take yard waste to Pinellas County/waived disposal fees. Audience: Clearwater Patch users Purpose: Media coverage Analytics/Impressions: Unknown Complaints: n/a Date: 4/16/20 Tool: Publicity, Tampa Bay Times Article Title/text: “Garbage doesn’t stop in a shutdown. How sanitation workers are dealing” Messages: • Yard waste & bulk collection is now officially suspended until further notice. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Summary of solid waste service changes (yard waste, bulk items, recycling) Audience: Times readers Purpose: Media coverage Analytics/Impressions: Unknown Complaints: n/a Date: 4/24/20 and onward Tool: Messages Printed on Clearwater Utility Bills Title/text: Clearwater Solid Waste continues to collect trash and recycling during the COVID-19 state of emergency. However, recycling is being rerouted to the Pinellas County Waste-to-Energy plant, and residents may see brown and/or white trucks picking up trash and/or recycling. Yard waste and bulk item collection has been suspended until further notice. We hope to resume services as usual after the emergency. For a complete list of service changes, visit myclearwater.com/covid19. Messages: • Yard waste & bulk collection is now officially suspended until further notice. • Recycling is being rerouted to the Pinellas County waste-to- energy plant. • Residents may see brown and/or white recycling trucks picking up trash and/or recycling. • Summary of solid waste service changes (yard waste, bulk items, recycling) Audience: Utility customers with Clearwater solid waste accounts Purpose: Communicate service changes Analytics/Impressions: n/a Complaints: n/a Date: 4/26/20 Tool: Facebook, Post Share from Pinellas County Page Title/text: Effective April 20, Pinellas County reinstated their yard waste disposal fees. The facility is located at 3095 114th Avenue North, St. Petersburg and can be reached at (727) 464-7500. Messages: • Residents can take yard waste to Pinellas County if they don’t want to wait for city services to resume. • Pinellas County has reinstated their disposal fees effective April 20. Audience: Facebook (18,919 fans to city page) Purpose: Communicate service changes Analytics/Impressions: 1,677 reach; 85 engagements; 1 comment; 1 share Complaints: 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7740 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Business Recovery Task Force Recommendations SUMMARY: Discussion will take place at the May 7 council meeting. Page 1 City of Clearwater Printed on 5/4/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7742 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Improving State Unemployment Benefits System - Councilmember Beckman SUMMARY: Page 1 City of Clearwater Printed on 5/4/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7531 Agenda Date: 5/4/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Clearwater Housing Authority Annual Presentation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2020