05/07/2020Thursday, May 7, 2020
6:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
City Council
Meeting Agenda
May 7, 2020City Council Meeting 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 Thursday, May 7, 2020 at
6:00 p.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.
Citizens wishing to provide comments on an agenda item are encouraged to do so
in advance through written comment. The City has established the following four options to ensure
public comment for a virtual meeting:
1)eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. Comments received
during the meeting will become part of the official record, if posted prior to the closing of public
comment. The City Clerk will read received comments into the record.
2)Email – Individuals may submit written comments or videos to
ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting
(May 6) will become part of the official record. The City Clerk will read received comments into the
record.
3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to
speak to an individual item.
4)Council Chambers - Additionally, like any other council meeting, the public may provide public
comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all
speakers desiring to appear in person will be subject to all applicable emergency measures in place to
prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening
for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to
enter council chambers but will be able to participate through the remote options described above.
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. Invocation
3. Pledge of Allegiance
4. Presentations
Page 2 City of Clearwater Printed on 5/7/2020
May 7, 2020City Council Meeting Agenda
4.1 End of Session Update - The Honorable Ed Hooper, Florida Senate
5. Approval of Minutes
5.1 Approve the minutes of the April 16, 2020 City Council meeting as submitted in
written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 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 19 and Harn Boulevard, at an
estimated cost of $4,840, and authorize the appropriate officials to execute
same. (consent)
7.2 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)
7.3 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)
7.4 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)
7.5 Request for authority to settle case of City of Clearwater v. Jannelli, et al., Case
No. 19-1896-CI. (consent)
7.6 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)
Page 3 City of Clearwater Printed on 5/7/2020
May 7, 2020City Council Meeting Agenda
7.7 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)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the Substantial Amendment to the City of Clearwater’s 2016/2017 -
2019-2020 Consolidated Plan and 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)
8.2 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.
9. Second Readings - Public Hearing
9.1 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.
10. City Manager Reports
Page 4 City of Clearwater Printed on 5/7/2020
May 7, 2020City Council Meeting Agenda
10.1 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.
10.2 Approve Clearwater’s Back to Business Grant and Professional Services
Program and adopt Resolution 20-21.
10.3 Approve the Local Mitigation Strategy developed for Pinellas County and adopt
Resolution 20-18.
10.4 Continue to May 21, 2020: 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)
10.5 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19.
11. City Attorney Reports
12. Other Council Action
12.1 Business Recovery Task Force Recommendations
12.2 Improving State Unemployment Benefits System - Councilmember Beckman
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 5 City of Clearwater Printed on 5/7/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7752
Agenda Date: 5/7/2020 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: City Council
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
End of Session Update - The Honorable Ed Hooper, Florida Senate
SUMMARY:
Page 1 City of Clearwater Printed on 5/7/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7751
Agenda Date: 5/7/2020 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the April 16, 2020 City Council meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/7/2020
City Council Meeting Minutes April 16, 2020
Page 1
City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, April 16, 2020
6:00 PM
Main Library - Council Chambers
City Council
Draft
City Council Meeting Minutes April 16, 2020
Page 2
City of Clearwater
Roll Call
Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Mark Bunker and Councilmember
Kathleen Beckman
Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City
Attorney, and Rosemarie Call – City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Draft
1. Call to Order
The meeting was called to order at 6:00 p.m. in Council Chambers at the
Main Library. Councilmembers Allbritton, Beckman, Bunker and
Hamilton and Assistant City Manager Maxwell attended the meeting using
communications media technology. Mayor Hibbard, City Manager Horne,
Assistant City Manager Delk, City Attorney Akin and City Clerk Call attended
the meeting in Council Chambers. 2. Invocation 3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) – Given.
4.1 National Library Week Proclamation, April 19-25, 2020 - Jennifer Obermaier, Library Director
4.2 International Compost Awareness Week, May 3-9, 2020 - Sheridan Boyle, Sustainability
Coordinator 5. Approval of Minutes
5.1 Approve the minutes of the April 2, 2020 City Council meeting as submitted in written
summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the April Draft
City Council Meeting Minutes April 16, 2020
Page 3
City of Clearwater
2, 2020 City Council meeting as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously.
6. Citizens to be heard re items not on the agenda
Lisa Lanza said she has been composting in her yard since 1999 and
encouraged all interested in composting to contact her.
7. Consent Agenda – Approved as submitted, less Item 7.1.
7.1 Approve a purchase order to Asphalt Paving Systems Inc. of Zephyrhills, Florida, in the
amount of $520,043.70 for Harn Boulevard Roadway Reconstruction (19-0014-EN),
pursuant to City of Clearwater Code of Ordinances, Section 2.564 (1)(d) Other
Government Entities and authorize the appropriate officials to execute same. (consent)
See below
7.2 Approve a proposal from Construction Manager at Risk Keystone Excavators in the
amount of $1,025,378.20 for the construction of David Avenue Property Stormwater
Improvements (20-0002-EN) and authorize the appropriate officials to execute same.
(consent)
7.3 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke’s new transformers and facility installation at 297 S. Glenwood Avenue and
authorize the appropriate officials to execute same. (consent)
7.4 Approve Supplemental Work Order 6 to Engineer of Record (EOR) Deuel and
Associates, of Clearwater, Florida, in the amount of $4,800, for Druid Road/ Allen’s
Creek Drainage Improvement Project (11-0044-EN) and authorize the appropriate
officials to execute same. (consent)
7.5 Approve an increase to Pinellas County in the amount of $55,548.15 for the Joint Project
Agreement (JPA) between Pinellas County and the City of Clearwater for the Hercules
Avenue Sidewalk Phase 2 project from Sherwood Street to Sunset Point Road (City
Project Number 18-0002-UT) and authorize the appropriate officials to execute same.
(consent)
7.6 Approve the First Amendment (Amendment) to that certain Contract for Exchange of Real
Property (Contract) between the City of Clearwater (City) and Creative Contractors, Inc.
(Creative) and authorize the appropriate officials to execute same. (consent)
7.7 Approve purchase orders to ONeils Tree Service, Tip Top Trees Experts LLC, and Draft
City Council Meeting Minutes April 16, 2020
Page 4
City of Clearwater
Blades of Green for palm pruning and maintenance services, in a total annual combined
amount not-to-exceed $205,000, for contract term April 1, 2020 through March 31, 2021,
with two, one-year renewal term options at the City’s discretion and authorize the
appropriate officials to execute same. (consent)
7.8 Authorize a sole source award to Water Specialists Technologies, LLC of Sanford, FL for
Copper Precipitant, TR-50, in the annual amount not to exceed $100,000.00 for the initial
contract period from May 1, 2020 through April 30, 2021, with the option for two, one-year
term extensions pursuant to City Code Section 2.564(1)(b), and authorize the appropriate
officials to execute same. (consent)
7.9 Authorize a sole source award to Andritz Separation of Arlington, TX for Centrifuge, Belt
Filter Press and Appurtenant Sludge Dewatering Equipment Parts and Service in the
annual amount not to exceed $300,000.00 for the initial contract period of May 4, 2020
through May 3, 2021 with the option for two, one-year term extensions pursuant to City
Code Section 2.564 (1)(b) and authorize the appropriate officials to execute same.
(consent)
7.10 Authorize a sole source award to Premier Magnesia of Wayne, PA for Thioguard in the
annual amount not to exceed $75,000.00 for the initial contract period of April 22, 2020
through April 21, 2021 with the option for two, one-year term extensions pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(b) and authorize the appropriate
officials to execute same. (consent)
7.11 Authorize the award of Invitation to Bid 23-20, Stainless Steel Manhole Inserts, to The
Randazzo Group LLC of Clearwater, Florida, in an annual not-to-exceed amount of
$145,600, with the option for two, one-year extensions at the City’s discretion, and
authorize the appropriate officials to execute same. (consent)
7.12 Authorize a purchase order to Siemens Industry Inc. for inspections, maintenance, and
repair of fire sprinkler systems, in the not-to-exceed amount of $275,000 from April 1,
2020 through June 30, 2021, pursuant to Clearwater Code of Ordinances Section
2.564(1)(d) Other Government Entities Contracts and authorize the appropriate officials
to execute same. (consent)
7.13 Elect Councilmember David Allbritton to serve as Vice Mayor. (consent)
Councilmember Hamilton moved to approve the Consent Agenda as
submitted, less Item 7.1, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.1 Approve a purchase order to Asphalt Paving Systems Inc. of Zephyrhills, Florida, in the Draft
City Council Meeting Minutes April 16, 2020
Page 5
City of Clearwater
amount of $520,043.70 for Harn Boulevard Roadway Reconstruction (19-0014-EN),
pursuant to City of Clearwater Code of Ordinances, Section 2.564 (1)(d) Other
Government Entities and authorize the appropriate officials to execute same. (consent)
The City of Clearwater included the entirety of Morningside Estates within the
annual roadway surfacing program for fiscal year 2019. During the construction
process, it was determined that roadway degradation of Harn Boulevard from
US Highway 19 to Stewart Avenue far exceeded the surrounding area. The City
performed a geotechnical investigation of the subsurface conditions to
determine the cause of degradation and concluded roadway reconstruction was
needed with restoration of asphalt roadway using a full-depth reclamation
process.
Asphalt Paving Systems performs full-depth restoration by recycling the existing
asphalt and base material, adding a structural binder, and constructing a new
roadway cross-section in one series of construction activities.
Asphalt Paving Systems, Inc. is currently under contract with the City of Largo.
The City of Clearwater proposes to piggy-back on the City of Largo Pavement
and Roadway Infrastructure Rehabilitation Annual Purchase Agreement No.
19-B-690 effective January 29, 2020 through September 30, 2022.
APPROPRIATION CODE AND AMOUNT:
ENRD180004-CONS-CNSTRC $520,043.70
Funding is available in Capital Improvement Project ENRD180004, Streets and
Sidewalks to fund the purchase order.
One comment in opposition was received electronically and read into the
record by the City Clerk (see page 21).
In response to a question, the City Manager said the purchase order is
not time sensitive.
Councilmember Hamilton moved to continue Item 7.1 to May 7, 2020.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9360-20 on second reading, annexing certain real properties whose
post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all
in Clearwater, Florida 33759, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions. Draft
City Council Meeting Minutes April 16, 2020
Page 6
City of Clearwater
Ordinance 9360-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9360-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.2 Adopt Ordinance 9361-20 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace
Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low (RL) and Water/Drainage Feature Overlay.
Ordinance 9361-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9361-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.3 Adopt Ordinance 9362-20 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1748 El Trinidad Drive
East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9362-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9362-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.4 Adopt Ordinance 9363-20 on second reading, annexing certain real properties whose
post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in
Clearwater, Florida 33755, together with all rights-of-way of Chenango Avenue and
Sedeeva Circle North, into the corporate limits of the city and redefining the boundary
lines of the city to include said additions. Draft
City Council Meeting Minutes April 16, 2020
Page 7
City of Clearwater
One individual questioned if the City was increasing code enforcement
staffing as properties are being annexed into city limits and stated that is
why more individuals are needed on city council.
Ordinance 9363-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9363-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.5 Adopt Ordinance 9364-20 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle
North, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Residential Urban (RU).
Ordinance 9364-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9364-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.6 Adopt Ordinance 9365-20 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1919 Chenango Avenue
and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9365-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9365-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.7 Adopt Ordinance 9366-20 on second reading, annexing certain real properties whose Draft
City Council Meeting Minutes April 16, 2020
Page 8
City of Clearwater
post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater,
Florida 33763, into the corporate limits of the city and redefining the boundary lines of the
city to include said additions.
Ordinance 9366-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9366-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.8 Adopt Ordinance 9369-20 on second reading, annexing certain real property whose post
office address is 814 Woodruff Avenue, Clearwater, Florida 33756, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9369-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9369-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.9 Adopt Ordinance 9370-20 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 814 Woodruff Avenue, Clearwater, Florida 33756, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9370-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9370-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.10 Adopt Ordinance 9371-20 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 814 Woodruff Avenue,
Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR). Draft
City Council Meeting Minutes April 16, 2020
Page 9
City of Clearwater
Ordinance 9371-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9371-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.11 Adopt Ordinance 9375-20 on second reading, annexing certain real property whose post
office address is 2730 Daniel Street, Clearwater, Florida 33761, together with a certain
portion of Daniel Street, Charles Avenue, SR 580, and McMullen Booth Road
rights-of-way, into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
Ordinance 9375-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9375-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.12 Adopt Ordinance 9376-20 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2730 Daniel Street, Clearwater, Florida 33761, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9376-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9376-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.13 Adopt Ordinance 9377-20 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2730 Daniel Street, Clearwater,
Florida 33761, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 9377-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9377-20 on Draft
City Council Meeting Minutes April 16, 2020
Page 10
City of Clearwater
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.14 Adopt Ordinance 9381-20 on second reading, vacating a platted 5-foot utility easement
lying in a portion of Lot 8, Block 69, Mandalay, as recorded in Plat Book 14, Page 32, of
the Public Records of Pinellas County, Florida.
Ordinance 9381-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9381-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.15 Adopt Ordinance 9382-20 on second reading, vacating the west 5-foot portion of a
10-foot platted drainage and utility easement, lying in Lot 12, Landmark Woods of
Countryside, as recorded in Plat Book 72, Page 92, of the Public Records of Pinellas
County, Florida.
Ordinance 9382-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9382-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.16 Adopt Ordinance 9384-20 on second reading, vacating the easterly 5 feet of a platted
10-foot utility easement abutting Landmark Drive, and being a portion of Lot 11,
Oakbrook Estates, according to the Plat thereof, recorded in Plat Book 118, Pages
47-48 of the Public Records of Pinellas County, Florida.
Ordinance 9384-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9384-20 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman Draft
City Council Meeting Minutes April 16, 2020
Page 11
City of Clearwater
9. City Manager Reports
9.1 Amend the City of Clearwater Code of Ordinances, Sections 32.211 and 32.212, to add
definitions, 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 and pass Ordinance 9389-20 on first reading.
In 1999, the City of Clearwater adopted the uniform requirements for the
Industrial Pretreatment of wastewater collection and discharge restrictions, as
set forth in Chapter 32, Article V, Division 2 of the Code of Ordinances. 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. This amendment will add the following:
Section 32.211(4) - added definitions to include 1) Hazardous waste
pharmaceutical; 2) Healthcare facility; 3) Pharmaceutical; and 4) Reverse
distributor.
Section 32.212(1)(b)(18) - new subsection to specifically prohibit
hazardous waste pharmaceuticals from entering the wastewater facility.
Section 32.212(4) - new subsection to add requirements for dental
facilities that remove or replace dental amalgam fillings. These requirements
include reporting and waste management practices for dental facilities;
installation, certification and maintenance of dental vacuum suction systems;
and exemptions from these requirements.
Additionally, Section 32.212, subsections (4)-(6) will be renumbered to
(5)-(7).
Councilmember Hamilton moved to amend the City of Clearwater
Code of Ordinances, Sections 32.211 and 32.212, to add definitions,
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. The motion was duly
seconded and carried unanimously. Draft
City Council Meeting Minutes April 16, 2020
Page 12
City of Clearwater
Ordinance 9389-20 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9389-20 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
9.2 Appoint Councilmembers as representatives to serve on regional and miscellaneous
boards.
In response to a question, the City Clerk said the Pinellas Collaborative
Committee meets as needed and has not met in a few years.
Mayor Hibbard said he would be the city representative on the Committee.
There was council consensus for Mayor Hibbard to serve on the Committee.
Five individuals spoke in opposition to Councilmember Bunker being
appointed as an ex-officio member to the Downtown Development
Board.
Two individuals opposed Councilmember Bunker be appointed to the
Downtown Development Board and suggested Mayor Hibbard and Vice
Mayor Allbritton be appointed as ex-officio members.
Discussion ensued with comments made that Councilmember Bunker
should be given the opportunity to serve and if he creates any disruption,
Council can remove him. Vice Mayor Allbritton said he would resign
from the DDB as he has been serving on the board for 14 years. In
response to a concern, Councilmember Bunker said he wants to start a
dialogue with Scientology and be constructive; he would give Scientology
a fair hearing and support projects that make sense.
The City Attorney said the city ordinance does not require, or mention,
ex-officio members on the DDB. Based on the City Clerk's research, in
1987 the City Council began having ex-officio members and during the
same time, there were two DDB members who were ex-officio members to
the CRA. The practice of the ex-officio members on the CRA fell off a
long time ago but the practice for ex-officio members on the DDB continued.
Draft
City Council Meeting Minutes April 16, 2020
Page 13
City of Clearwater
Councilmember Hamilton moved to appoint Mayor Hibbard and
Councilmember Bunker as the ex-officio members on the
Downtown Development Board. The motion was duly seconded
and carried unanimously.
Councilmember Hamilton moved to approve the slate of
appointments as presented. The motion was duly seconded and
carried unanimously.
9.3 Amend Council Rules to allow council discussion prior to making a motion and adopt
Resolution 20-17.
At the April 2, 2020 council meeting, staff was directed to amend Council Rules
to allow council discussion prior to a motion being made.
Staff recommends the following changes:
Rule 6 - Order of Business
(2) Motion process for agenda items with Ordinances or Resolutions:
agenda items will be presented by staff followed by questions by Council, public
input, discussion/comments by Council, a motion and second on the agenda
item, discussion/comments by Council, vote, a motion and second on the
ordinance or resolution, discussion/comments by Council, and vote.
Motion process for other agenda items: agenda items will be presented by
staff, questions by Council, public input, discussion/comments by Council, a
motion and second on the agenda item, discussion/comments by Council, and
vote.
Rule 8, 1st paragraph - Debate of Motions, Tie Votes
Council may discuss an agenda item prior to after a motion being made. Such
discussion may be interactive between the Councilmembers and may be ended
at any time by a motion to call the question. Otherwise, any member of the
Council making a motion shall address the Chair and await recognition before
speaking. The person making the motion is entitled to the floor first for debate.
No one is entitled to the floor a second time on the same motion as long as any
other member who has not spoken on the issue desires the floor. The Chair
must recognize any person who seeks the floor while entitled to it.
One individual questioned the proposed change.
It was stated that the change allows Council to hold a discussion prior to a
motion being made. Draft
City Council Meeting Minutes April 16, 2020
Page 14
City of Clearwater
Councilmember Hamilton moved to amend Council Rules to allow
council discussion prior to making a motion. The motion was duly
seconded and carried unanimously.
Resolution 20-17 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 20-17. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
9.4 Provide direction for the establishment of a grant and professional services program for
business owners affected by the COVID-19 pandemic.
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.
Economic Development and Housing staff have researched best practices, and
have engaged peers, partners and small businesses to identify needs and
concerns. Staff requests direction for the following:
1.Establishment of grant program(s)
2.Establishment of professional services program as a requirement for
certain grants
3.Maximum grant award(s)
4.Payment to agencies for administration of technical services program
5.Eligibility Criteria
a.Industries/Sectors
b.Business Types
i.Brick & Mortar
ii. Home-Based
c.Maximum number of employees per eligible business
Economic Development and Housing Director Denise Sanderson
reviewed the proposed program. She said program concepts include a
$2,500 cash grant to brick and mortar businesses; a $2,500 cash grant
for small business enterprises that may include brick and mortar
businesses and home-based or mobile-based businesses; participants
agree to complete a professional services agreement engagement with
attorneys, CPAs, web design professionals, and marketing professionals.
She said partner agencies would manage such engagement and would
receive a 10% administrative fee for their services; the partner agencies Draft
City Council Meeting Minutes April 16, 2020
Page 15
City of Clearwater
include Amplify Clearwater, PROSPERA, and Tampa Bay Black
Business Investment Corporation. Staff has identified the following
benefits from the program: provide small businesses with overhead
expenses, provide professional guidance and support necessary to
mitigate the long-term impacts of COVID-19, generate economic activity
for service providers, and provide funding for partner agencies who are
expected to have operating budget impacts as a result of the pandemic.
Ms. Sanderson said the proposed program includes the following criteria:
25 or fewer employees, have a business tax receipt, be a local
independently operated business that is registered with the State of
Florida, privately owned and receive no assistance from corporate
headquarters outside of Clearwater, business not have more than three
franchises or outlets with the same name, and businesses must
demonstrate a loss due to COVID-19. Staff is suggesting the following
business categories: restaurant, including limited/full service/café;
establishments, bars, retail, personal service businesses (i.e. hair salons,
barbershops, massage parlors, tattoos and spas), personal care services
(i.e. childcare, elderly care, funeral services), laundry services, cleaning
services, pet care services, and personal/household goods repair, gyms
and travel services.
Ms. Sanderson said staff is recommending $4 million which would serve
700 businesses as a brick and mortar establishment and an additional
600 businesses would receive the professional services and the
opportunity for an additional $2,500 grant. There is $800,000 available
for the program and a $3.2 million funding gap that needs to be resolved.
Discussion ensued with support expressed for the program concept and
criteria and that it was a good first step. It was stated that additional
information related to County funds may be released on April 24 and that
Congressmen Bilirakis and Crist have been contacted regarding having
some of the funds go directly to municipalities. It was stated that $2,500 is
not a lot but would assist those businesses on the cusp. There was
consensus for staff to move forward with the proposed program.
The City Attorney said staff started looking at the proposed program.
Attorneys will have concerns with the Florida Constitution and ability to
spend or give money to private businesses when looking at these types
of programs. Staff has reached out to the St. Petersburg City Attorney
and researching the public purpose. Draft
City Council Meeting Minutes April 16, 2020
Page 16
City of Clearwater
9.5 Imagine Clearwater Update - Michael Delk, Assistant City Manager
The Council recessed from 8:01 p.m. to 8:10 p.m.
Assistant City Manager Michael Delk provided a status update and said
over the last several weeks, both Stantec and Williamson Decar have
continued to work with Skanska on the establishment and refinement of
details, phasing, value engineering, and the budget. The library project is
nearing the permitting phase and the overall Imagine Clearwater project
review will continue through the end of April. Due to COVID-19, the
project may be delayed 2 months. He said the construction manager at
risk, Skanska, will be submitting gross maximum prices (GMP) and
anticipated completion dates, which Council will review and approve. The
City’s desire to move forward with the library renovations in advance of
the park leads staff to anticipate a separate gross maximum price for that
portion of the work. Skanska is also considering the possibility they will
be able to move quickly with underground utility work and other items that
will help facilitate the development of the overall park. This would come
in the form of a second GMP. There will be one final GMP for the overall
park project. Mr. Delk said staff will be meeting with the consultant teams
at the end of next week and that he has set up one-on-one meetings with
Council to go over the project details in depth.
City Manager Bill Horne said he is looking for any definite ideas Council
has that staff would benefit from knowing tonight. With new
Councilmembers, staff is anticipating concerns or ideas.
Discussion ensued with concerns expressed regarding the cost and the size
of the amphitheater as well as the empty Scientology owned store fronts
along Cleveland Street. It was suggested the performance venue be moved
more north on the property as it will be farther from residential areas and
easier to load/unload from Drew Street.
In response to questions, Mr. Delk said the construction management
meeting between staff and the consultant teams will cover where the
project stands in terms of construction drawings and value engineering
process. He said the project is nearing 90% completion of drawings and
he will know what, if anything, needs to be addressed with the design of
the park after his individual meetings with Council next week.
10. City Attorney ReportsDraft
City Council Meeting Minutes April 16, 2020
Page 17
City of Clearwater
10.1 Confirm emergency rule of procedure for public meetings and adopt Resolution 20-15.
Councilmember Hamilton moved to confirm emergency rule of
procedure for public meetings. The motion was duly seconded and
carried unanimously.
Resolution 20-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 20-15. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
10.2 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-16.
One comment questioning how members of the task force would be selected was received electronically and read into the record by the City Clerk (see page24).
Resolution 20-16 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 20-16. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
Mayor Hibbard requested to suspend Council rules for two discussion
items regarding the Recovery Task Force and extending the indications
of interest for the properties in downtown.
Councilmember Hamilton moved to suspend Council rules to allow for
council discussion items. The motion was duly seconded and carried
unanimously.
Councilmember Beckman requested clarification on the task force
formation and who would be members. She said it is important that
organizations the City interacts with reflect the diversity of the community.
Mayor Hibbard clarified the genesis, he said he has been thinking about
COVID-19 and how it is affecting the businesses, employees, Draft
City Council Meeting Minutes April 16, 2020
Page 18
City of Clearwater
neighborhoods and government entities. It is governments responsibility
to look down the road and plan for when the crisis is over. He spoke to
several people at Amplify Clearwater as he believed them to be the best
entity to head a business recovery task force. He is requesting support
from City Council for this and clarified this is not a city task force.
Task forces in the past have been led by city staff, everything is noticed
and it generally takes 6-9 months to come back with recommendations,
and he believes the state will start to open within the next 2-4 weeks. He
said the process is inclusive and diverse, while also trying to hit all bases
of the different types of businesses. Included on the task force is the
CEO of Morton Plant Hospital, the general manager of Countryside Mall,
owners of restaurant chains, hotel general managers, and members of
Not for Profit organizations. Mayor Hibbard said it is a fairly diverse
group, and wanted to have a city staff member to serve as a liaison.
Economic Development and Housing Director Denise Sanderson
seemed like the logical choice as she is acquainted with Amplify
Clearwater. It is an Amplify Clearwater task force in cooperation with the
city, and all recommendations chosen will be brought back to the city for
comment. A selection committee of four individuals selected the task
force members.
In response to a concern, Mayor Hibbard said the number of members
on the task force allows work to continue without being too cumbersome.
There is a goal to have potential recommendations by April 29, 2020.
Amplify has done two listening tours, via Zoom, and all task force
members were tasked with talking to other businesses to get
recommendations. He said not all recommendations that come back will
be financially related, but could be a relaxation of the sign code for a
period of time to allow businesses to be more visible.
In regards to the 2nd discussion item, Mayor Hibbard said he would like
the city to extend the request for indications of interest on the properties
related to Imagine Clearwater; City Hall, CMA site, and the Harborview
Center site. He indicated there might be more interest from developers if
the time was extended.
Assistant City Manager Michael Delk said he agrees with the extension
and there is a roundtable discussion scheduled for next week. Due to
COVID-19, he is not sure if the roundtable meeting will still take place,
but he will provide an updated schedule once he discusses the details
with the consultant. Draft
City Council Meeting Minutes April 16, 2020
Page 19
City of Clearwater
The City Attorney expressed a concern that any delay in the process
might prohibit the City from holding a referendum election in the
November general election.
There was consensus to extend the request period.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Beckman thanked all for following the safer at
home order, she thinks it’s working and appreciate those staying at
home. She encouraged residents to check their voter registration
status and sign up for vote by mail. She thanked staff for doing so
well in these trying times and urged people to go to
myclearwater.com for COVID-19 information.
Councilmember Bunker thanked council for giving him a shot on
the Downtown Development Board. He feels the first achievement
is to show everyone can sit in the room comfortably together. He
said Freedom Magazine is preparing an article about him and said
he hopes there can be a constructive relationship and success
along the way.
12. Closing Comments by Mayor
Mayor Hibbard encouraged all to complete the Census and reviewed the
scheduled school lunch distributions for the coming week. He reminded
all that Clearwater Beach and condo swimming pools will remain closed
and warned all of potential scams related to the COVID-19 pandemic.
13. Adjourn
The meeting adjourned at 9:09 p.m.
MayorCity of ClearwaterAttest Draft
City Council Meeting Minutes April 16, 2020
Page 20
City of Clearwater
City Clerk Draft
Name: 4t10 /V N(491tt) 6e/
Address: )r
City: Zip:
Telephone Nu er:
fes'a ,y
Email Address. / / 9 4vv
Speaking under citizens toe_...!le„.9._rd re
items not on the agenda?
Agenda item(s) to which you wish to speak:
What is your position on the item? For Against
INDIVIDUAL SPEAKER
Citizen Comment Card
INDIVIDUAL SPEAKER
Citizen Comment Card
Name: ___(&--7a y / i7 6
2_ , 4 - A9E - - Address:
City: zip: 33 7‘ /
Telephone Number: 7a7 7 7/ .9,o
Email Address: /i
Draft
Draft
Draft
Draft
Draft
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7724
Agenda Date: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.1
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 5/7/2020
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: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.2
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 5/7/2020
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 includethe Utility Work as part of the FDOT’s construction of the Project. The preparation of the plans andspecifications 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. Saidamount 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 Section337.403(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 sumpayment for the cost of the Utility Work, without any requirement for a subsequent accounting for theuse of the deposit.
d.Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will bemade during the construction of the Project unless the UAO has made an additional deposit to coverthe 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 maybe applied to cover the cost of the changes or additions. All changes or additions shall be subject tothe 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 otherremedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more ofthe following options, provided that at no time shall the FDOT be entitled to receive double recovery ofdamages:
(1)Terminate this Agreement if the breach is material and has not been cured within 60days 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 FDOTproperty if the breach is material and has not been cured within 60 days from written noticethereof 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 costthereof 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 otherremedies which are otherwise provided for in the Agreement, the UAO may exercise one or more ofthe following options:
(1)Terminate this Agreement if the breach is material and has not been cured within 60 daysfrom 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 toother agreements between the parties and from any statutory obligations that either party may havewith 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 theextent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyondthe control of the non-performing party and which could not have been avoided or overcome by the exercise ofdue diligence; provided that the party claiming the excuse from performance has (a) promptly notified the otherparty 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 bythe UAO in accordance with the then current Utility Accommodation Manual and the current utilitypermit 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 policiesand procedures which shall be applicable at the time of the Project and the relocation of the Facilitiesand 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 beunlawful or unenforceable shall be severable and shall not affect the validity of the remaining portionshereof.
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 theappropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified inwriting, 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 toForm 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 purposesonly 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 entitledChanges 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: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.3
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 5/7/2020
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 5/7/2020
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: ID#20-7726
Agenda Date: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.4
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 5/7/2020
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 5/7/2020
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: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.5
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 5/7/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7730
Agenda Date: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.6
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 5/7/2020
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: 5/7/2020 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.7
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 5/7/2020
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#20-7728
Agenda Date: 5/7/2020 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the Substantial Amendment to the City of Clearwater’s 2016/2017 - 2019-2020
Consolidated Plan and 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 5/7/2020
File Number: ID#20-7728
of $131,000 in CDBG revenues from 181-G2004, Public Facilities.
Page 2 City of Clearwater Printed on 5/7/2020
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: Ordiance #9390-20
Agenda Date: 5/7/2020 Status: Public HearingVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.2
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 5/7/2020
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:
As stated in Council Rules, "Representatives of a group may speak for
three minutes plus an additional minute for each person in the audience that
waives their right to speak, up to a maximum of ten minutes."
Please have each member of the group in attendance sign and print
their name on the reverse of this card.
Name: '
1,
A) 001 I,J llr
Address: es -7 .i -D V\
City:
Telephone Number:
Zip: 33771
727-+17'z406
Email Address: W Vv0.- , M. V)1 LAYnCt
CtJ
Agenda item to which you wish to speak: & 2—
WhatWhat is your position on the item? For Against '\/
GROUP SPEAKER
Citizen Comment Card
CLEARWATER
BRIGHT AND BEAUTIFUL • BAY TO BEACH
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7741
Agenda Date: 5/7/2020 Status: Second ReadingVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 9.1
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 5/7/2020
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: 20-20
Agenda Date: 5/7/2020 Status: City Manager ReportVersion: 1
File Type: ResolutionIn Control: Economic Development & Housing
Agenda Number: 10.1
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 5/7/2020
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 5/7/2020
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 5/7/2020
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: 5/7/2020 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 10.2
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 5/7/2020
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:
A mid-year budget amendment will establish special program 181-G2011, Back-to-Business
Grant Program, recognizing an allocation of $3,500,000 of General Fund reserves to fund this
program.
USE OF RESERVE FUNDS:
Funding for this program will be provided by a mid-year budget amendment allocating General
Fund reserves of $3,500,000 to 181-G2011, Back-to-Business Grant Program. Inclusive of this
item if approved, a net total of $4,322,000 of General Fund reserves has been appropriated by
Council to fund expenditures in the 2019/20 operating budget. The remaining balance in
General Fund reserves after the 8.5% reserve is approximately $23.2 million, or 15.3% of the
current General Fund operating budget.
Page 2 City of Clearwater Printed on 5/7/2020
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 1-25 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
15-20 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
EXHIBIT A
1 | P a g e
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. $3,000 “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 $1,000 per qualifying applicant.
c. $2,000 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 $1,000 per qualifying applicant.
b. Grant equal to 1 month’s revenue, not to exceed $2,000, 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 is located and operates within the incorporated limits of the city of Clearwater;
and
EXHIBIT A
2 | P a g e
• 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.
• Special considerations for Home-Based Businesses:
o Must provide evidence of a minimum $12,000 in annualized revenue, and
o 1 of the following conditions must exist:
▪ Home in which business is located must be within a HUD-designed low-
moderate income census tract and the business serves clientele within that
tract; or
▪ The business owner’s total household income is below 80% of area median
income (AMI) as determined by HUD; or
▪ The requested funding will allow the business to retain at least one employee
whose total household income is below 80% of AMI; or
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 may still be eligible for the Back to
EXHIBIT A
3 | P a g e
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)
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 $1,000 in
total Professional Services, and complete the requirements of said Services Agreement(s) before
(up to) $2,000 grant is disbursed.
EXHIBIT A
4 | P a g e
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 $1,100 for each qualifying applicant that successfully
completes Terms of Services Agreement(s) requirements.
• 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 11 to December 31, 2020 (or until funds are exhausted): Application portal open for
submissions from eligible Clearwater 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
1
Version: 5 Last Updated: 4/9/2020 5:30PM
STATE OF FLORIDA & PINELLAS COUNTY
“SAFER-AT-HOME” GUIDANCE
*new updates since the previous version
1. Under the Pinellas County Board of County Commissioners’ Resolution #20-17 effective March
20th, 2020 all public beaches and public beach parking remain closed.
2. Under the Pinellas County Board of County Commissioners’ “SAFER AT HOME” Order #20-20
effective March 26th, 2020:
Places of public and private assembly are required to close, whether indoors or outdoors. This includes
locations with amusement rides, water parks, pools (except for those in single-family home), zoos,
museums, movie and other theaters, public playgrounds, bowling alleys, pool halls, concert and music
halls, country clubs, social clubs and fraternal organizations.
*All playgrounds are closed whether it is in a city or county park, recreation center, or private child
care facility. All playground equipment is closed in Pinellas County regardless of where it is located
(except for those at single-family homes).
3. Under the Florida Fish & Wildlife Conservation Commission (FWC) Executive Order #20-09 effective
March 27th, 2020 recreational vessel occupancy is limited to no more than 10 persons per vessel and
a minimum distance of 50 feet between recreational vessels and any other vessel shall be maintained.
4. Under the Governor’s Executive Order #20-91 effective April 3rd, 2020:
a. Senior citizens and individuals with a significant underlying medical condition (such as chronic
lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised
status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at home and
take all measures to limit the risk of exposure to COVID-19. “Senior Citizen” is not defined in
the Governor’s Executive Order.
b. All persons in Florida shall limit their movements and personal interactions outside of their
home to only those necessary to obtain or provide essential services or conduct essential
activities.
2
Version: 5 Last Updated: 4/9/2020 5:30PM
5. Under the Governor’s Executive Order and the Pinellas County Board of County Commissioners’
Order all non-essential businesses shall close. These include, but are not limited to:
a. Acupuncture (unless service is under the care of a medical provider)
b. Antique stores
c. Auction houses
d. Automotive tint, wash, detail, and accessory businesses
e. Beauty supply and skin care stores
f. Boat dealerships, rentals, and charters; kayak sales and rentals
g. Bookstores
h. Clothing and shoe retail, rental, or consignment
i. Craft, art, and hobby supply stores
j. Day/Beauty spas, hair or nail salons, and barber shops
k. Décor and Lighting sales businesses
l. Entertainment establishments
m. Florist businesses
n. Fitness, Dance, Pilates, and Yoga studios and gyms
o. Furniture stores
p. Jewelry stores and jewelry repair businesses
q. Massage (unless service is under the care of a medical provider)
r. *Mattress stores
s. Music and instrument stores; music lesson providers
t. Museums
u. Optical retail stores (non-prescription)
v. Painting, craft, or art studios
w. Pet grooming businesses (including mobile and those co-located with pet retail stores)
x. Pet sales and adoptions as a primary business (excluding on premises animal care)
y. Smoke, tobacco, CBD, or vape stores
z. Spa and hot tub sales businesses
aa. Sporting goods sales and repair businesses
bb. Stereo installation and sales businesses
cc. Tailors and alterations
dd. Tattoo and piercing services
ee. Toy retail stores or amusement rental businesses
ff. *Video gaming retail or rentals
gg. Vitamin stores (unless service is under the care of a medical provider)
hh. Yard, garage, and estate sales
3
Version: 5 Last Updated: 4/9/2020 5:30PM
6. Under the Governor’s Executive Order and the Pinellas Board of County Commissioners’ Order
essential services include but are not limited to:
a. AA/NA and other meetings (requires social distancing)
b. Animal shelters/adoptions at shelters
c. *Appliance rental stores and repair
d. Automobile dealerships, repairs and maintenance, auto parts stores
e. Banks and financial institutions
f. Bicycle sales, repairs and maintenance
g. *Cell phone stores and repair
h. Community based organizations providing meals and social services
i. Critical trades: (Plumbers, Electricians, Exterminators, Security personnel, etc.) Fire and
water damage restoration, appliance repair personnel, exterminators, and other service
providers (such as landscape and pool maintenance service providers) who provide services
that are necessary to maintaining the safety, sanitation, and essential operation of
residences and other structures;
j. Firearm sales and ranges
k. First Responders, Police and Fire, Jails and Prisons
l. Flight schools (only if located on airport property)
m. Food and beverage (grocery stores, food banks, alcohol sales, restaurants: delivery, take-out
or curbside delivery)
n. Funeral services
o. Garbage and Sanitation services
p. Gas Stations
q. Government operations
r. Hardware, garden, and supply stores
s. Hospitals, clinics, and other healthcare operations
t. Hotel and lodging
u. Human Service operations (including community-based organizations providing meals)
v. Insurance
w. Laundromats
x. Law Firms (only for meeting court-ordered deadlines)
y. Manufacturing facilities
z. Moving companies
aa. Post offices and shipping services
bb. Process servers
cc. Realtors
dd. Stores: batteries, electronics, light bulbs, and office supplies
ee. Tax preparation services
ff. Telemarketing (requires social distancing)
gg. Title companies
hh. Transportation: airports, ride sharing, taxis, and public transportation such as PSTA
ii. Utilities, Public Works and essential infrastructure
jj. Veterinarians
kk. Warehouses: food distribution, food manufacture, and product distribution
4
Version: 5 Last Updated: 4/9/2020 5:30PM
7. Under the Governor’s Executive Order and the Pinellas Board of County Commissioners’ Order
essential activities include but are not limited to:
a. Attending religious services conducted in churches, synagogues, or houses of worship
b. Caring for or otherwise assisting a loved one or a friend
c. Participating in recreational activities (consistent with social distancing guidelines) such as
walking, biking, hiking, fishing, golfing (golf courses may remain open) hunting, or swimming
d. Recreational boating (boat ramps, marinas, and bait/tackle shops may remain open)
e. Taking care of pets
8. The social distancing requirement in the CDC guidelines, the governor’s executive order, and the
Board of County Commissioner’s Safer at Home order directs everyone not to congregate in groups
of more than ten people and that people not of the same family unit must remain six feet apart. This
must be adhered to in a practical way while using common sense. To clarify, the directives do not
prohibit ten people from being in one building or place. More than ten people are allowed in grocery
stores, churches, parks, etc.; however, they must be six feet apart from those not in their family unit.
The following are some examples of what is permitted and prohibited:
a. It is permitted to have eight people who are not part of the same family unit in a doctor’s
office waiting room if they are six feet apart.
b. It is permitted to have a husband and wife sit next to each other in a doctor’s waiting room
if they are separated from other patients by six feet.
c. It is permitted to have a family of four, family of three, and family of five all sit in the same
pew of a place of worship if each family unit is separated by six feet.
d. It is prohibited to have six people who are not in the same family unit and who are not each
separated by six feet in one church pew.
e. It is prohibited to have 15 customers who are not part of the same family unit all gathered
less than six feet apart standing in front of the grocery store deli counter.
f. It is prohibited to have six people who are not part of the same family unit standing within
six feet of one another along the rail on a pier watching the sunset.
g. It is permitted to have more than 10 people on the pier all watching the sunset if they are
individuals or in family units and are separated by at least six feet.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7715
Agenda Date: 5/7/2020 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 10.3
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 5/7/2020
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: 5/7/2020 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Continue to May 21, 2020: 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 $306,179.50, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
September 5, 2019, City Council approved a construction contract for repairs at eight locations:
five on Island Estates, two at street ends on the intercoastal, and one at the Betty Lane bridge
over Stevenson Creek. Repairs include replacement of seawall caps and anchors, installation
of secondary tiebacks, drain installation, cleaning of seawall joints, and hydraulic grout
installation.
Change Order One is for repairs of an additional seawall location on Hamden Drive and 3rd
Street. Proposed repairs include installation of drains, cleaning and sealing vertical joints, and
filling voids along approximately 100 feet of seawall.
Staff requests to continue the item to determine impact if the contract was amended to raise
the sea walls by one foot.
APPROPRIATION CODE AND AMOUNT:
ENGF180006-CONS-CNSTRC
Funds are available in capital improvement project ENGF180006, Citywide Docks and
Seawalls, to fund this change order.
Page 1 City of Clearwater Printed on 5/7/2020
To:City of Clearwater Project: 2019 City Seawalls Application:3
Engineering - Sarah Kessler ___ OWNER
Contract No:19-0021-EN Period to:3/24/2020 ___ ARCHITECT
Contract Date:10/31/2019 _X__ CONTRACTOR
PO:19001744 ___ ENGINEER
From: Waterfront Engineering, Inc
3940 Fountainebleau Dr
Tampa, FL 33634
CHANGE ORDER SUMMARY Application is made for payment, as shown below, in connection with the Contract.
Change Orders approved in ADDITIONS DELETIONS Continuation Sheet is attached.
previous months by Owner
TOTAL -$ -$ 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#20-7743
Agenda Date: 5/7/2020 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 10.5
SUBJECT/RECOMMENDATION:
Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19.
SUMMARY:
Page 1 City of Clearwater Printed on 5/7/2020
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 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public
playgrounds and pools, and requires social distancing; and
WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction
with Pinellas County’s Res. 20-34; and
WHEREAS, as of May 7, 2020, 37,020 Florida residents (38,002 total cases in Florida including non-residents), including 1,331 in Hillsborough County (including 33 deaths), 722 in Manatee County (including 64 deaths), 285 in Pasco County (including 8 deaths), 801 in Pinellas County (including 50 deaths), at least 126 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,
Resolution No. 20-19
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.
Section 3. The Emergency Management Director’s action on May 1, 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#20-7740
Agenda Date: 5/7/2020 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
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 5/7/2020
April 27th, 2020
City Council
City of Clearwater
600 Cleveland Street
Suite 600
Clearwater, FL 33755
Dear Mayor Hibbard and Councilmembers:
AMPLIFY Clearwater represents over 850 businesses in the Tampa Bay area. We have worked diligently
with our members over the last few weeks to help navigate the ever-changing landscape brought on by
the COVID-19 pandemic.
We know that our elected leaders and their staffs are also working diligently to assist our community in
recovery. It is with that in mind that AMPLIFY Clearwater formed a Business Recovery Task Force to
collaborate with our government officials on proposed recovery efforts. Enclosed you will find
recommendations provided by the Task Force that would be helpful in allowing our businesses the
flexibility needed to re-open. Please know that we consider ourselves a partner in this endeavor and stand
by willing to assist as needed.
Thank you for allowing us the opportunity to be involved and thank you for the consideration of these
recommendations.
Kind Regards,
Brian Aungst Jr.
Chair, Business Recovery Task Force
BUSINESS RECOVERY TASK FORCE RECOMMENDATIONS
RENT DEFERRAL
• Defer rent for all city tenants during the course of the State of
Emergency in Pinellas County. Consider offering these tenants
extended lease terms commensurate with the amount of time the
rent was abated, as permitted by law. This includes all City held
leases, license agreements, and use agreements including vendors at
the Beach, library tenants, and others who operate out of city owned
facilities or serve city properties.
GRANT PROGRAM
• Establish a grant program for Clearwater’s small businesses most
effected by the pandemic. This could include a combination of direct
cash grants or assisting with fees for need of professional services.
PLANNING AND BUILDING DEPARTMENT
• Defer development application and building permit fees for minimum
standard development applications and Level I staff level approvals
until a Certificate of Occupancy is obtained until a date certain (say
September 1, 2021);
• Continue to hold regular DRC and CDB meeting remotely in order
to ensure the development review process continues and does not
become overwhelmed and backlogged;
• Extend all deadlines in any building permit or Development Order for
the duration of the state of emergency and an additional 6 months
thereafter pursuant to Chapter 252, Florida Statutes. The City should
automatically invoke it for the benefit of those applicants who do not
know their right to an extension;
BUSINESS RECOVERY TASK FORCE RECOMMENDATIONS
• Develop a short-term variance process in the Community
Development Code. Pinellas County and most other jurisdictions
allow for variances based on specific hardship criteria whereas
Clearwater does not. The variance requests would have to be
approved or denied by the Community Development Board (or a
special Board of Adjustment) and the staff would review the variance
application to recommend approval or denial of the variance request.
The variance system would sunset at a certain point (say September
1, 2021);
• Encourage more use of private plan reviewers to review building
permits pursuant to Section 553.792, Florida Statutes. This would
include site permits which are now eligible to be reviewed privately.
The discount for using private plans review should be 66%. If the
applicant chooses to use private plans review for the building
inspection only and not the site work, discount should be 50%. The
permit fees would stay the same.
• Require city plan reviewers’ comments to be raised by their initial
review so that no pre-existing issues can be raised other than newly
created issues once the final review has occurred and the comments
have been responded to by the applicant;
• Consider expanding outdoor dining policies to aid with social
distancing upon reopening of dining facilities;
• Waive the permitting requirements for a period of time against
sandwich board signage. This be helpful to many restaurants
reopening with a limited menu that will be subject to change daily
based on what is available;
• Allow for businesses to display “Grand Re-Opening Signs” for a period
of 45 days;
• Require Parks and Recreation impact fees and the City’s portion of
Traffic impact fees be used in the area that created the impact of the
development.
BUSINESS TAX RECEIPTS
• Waive or defer business tax receipt fees for a certain period of time.
Businesses would still have to register and obtain a BTR but there
would be no associated fee;
• Long term, consider reforming the Business Tax Receipt process
altogether as it is unique to Clearwater and could serve as an
impediment to investment.
BUSINESS RECOVERY TASK FORCE RECOMMENDATIONS
CODE ENFORCEMENT
• Waive code enforcement liens for first time offenders that do not
have any repeat violations who have come into compliance or come
into compliance by a date certain (say September 1, 2021). This would
mostly impact single family homeowners and small businesses and
would not apply to people with multiple violations/liens.
PARKING
• Consider free or reduced parking for employees working on the beach
in city owned spaces
CHILDCARE
• Having access to safe, childcare options is a workforce issue. Consider
opening city facilities for childcare services and assist childcare service
providers on space and staffing issues to ensure they are following the
recommended guidelines for reopening.
PROVISION OF PPE
• Consider acquiring PPE (Personal Protective Equipment) and
allocating it to businesses in need of it to re-open. Purchasing
items such as sanitizer stations, masks, face shields, oximeters and
thermometers, would provide significant assistance to re-opening
businesses safely.
TOURISM DEVELOPMENT COUNCIL
• Collaborate with the VSPC, CVB, and TDC on coordinated marketing
efforts to market Clearwater and the Beach as safe and family friendly
destinations to tourists. Begin preparing the campaigns now to be
ready to implement when safe and appropriate
• Prepare the Beach for new safety and public health standards
including providing hand sanitizing stations and enforcing social
distancing with Beach cabanas and accessories.
CRA
• Extend all deadlines for CRA grants for a date certain and provide
additional funds for additional CRA grants. Expand CRA grant
application process to include current businesses enhancing
accessibility to persons who have already invested in downtown.
BUSINESS RECOVERY TASK FORCE RECOMMENDATIONS
SMALL BUSINESS ASSISTANCE
•Work with Amplify Clearwater and other stakeholders to develop
a small-business concierge service of professionals that caters
specifically to small business owners and provides a contact to help
make connections to funds, relief, and programs. Provide other
resources, including online resources, to access incentives and relief
programs.
UTILITIES
•Defer or abate utility payments for residents and businesses impacted
by the pandemic for the length of the local State of Emergency.
MARKETING
•Establish an effective and coordinated marketing campaign that is a
unified effort of all marketing agencies county wide.
•Develop shop local campaigns, events (such as Blast Fridays) and
incentives for shopping and dining in Clearwater to roll out when
appropriate;
•Have the Mayor film a “Support your City’s businesses” PSA message.
CITY PROCUREMENT
•Establish a temporary sheltered market for small businesses wishing
to do business with the city of Clearwater. For insurance that may be
required beyond general liability, fund the expense of the insurance.
Amend payment terms for Net 1 (rather than Net 30). Challenge all
large businesses/institutions within the city to establish a similar
sheltered market purchase program for local businesses
HEALTH CARE
•Continue support of local hospitals and other health care providers in
their efforts to deliver critical health care services to the community,
including care for those impacted by COVID-19. As appropriate, sup-
port efforts to promote COVID-19 testing and tracing for our commu-
nity, and encourage ongoing efforts to promote health and wellness
for those who live in and visit our city – including social distancing,
good hand-washing and other measures as appropriate and
encouraged by state and federal health officials.
BUSINESS RECOVERY TASK FORCE RECOMMENDATIONS
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#Request IMPACT NOTES City Response
1 Abate rent for city
tenants; extend lease
terms = to abatement
period
Equivalent monthly
lease/use/license agreement
loss: GF - $54,000, Beach Marina
- $90,000, Airpark - $26,000.
Unrecoverable lost revenue
from commissions: GF -
$141,000, Beach Marina -
$28,000, Airpark - $1,100.
Abating leases, use agreements, and
license agreements has a significant
impact to the multiple funds, which
are already seeing revenue reduction
related to the lack of commission
based payments. The County's
approved business recovery program,
Pinellas Cares and, pending approval,
our business recovery program
provide the potential for up to
$10,000 in assistance for issues such
as rent and utility payments.
Administration supports continuing
rent deferrals through the month of
May. We believe abatements should
be considered on a case by cases basis
for those businesses who have applied
for and have been either accepted or
rejected for the programs. Future
consideration will focus on meeting the
criteria set forth in the City plan.
2 Grant $ for locally
owned sm. Businesses
(e.g. St. Pete Fighting
Chance Fund)
Staffing - ED&H and CRA would
have very significant immediate
and short term (0-8 months);
Funding - The program will
include $3,200,000 from
General Fund Reserves and
$480,000 in CDBG funds for
consideration at initial approval,
and is requesting $240,000 from
CRA and $80,000 from DDB that
would need to be approved by
those entities at a later date.
Staff is currently presenting a program
focused on providing grant dollars for
locally owned small businesses on 5/7.
Downtown plan and CRA plan would
need to be modified for use of CRA
funds
Administration supports moving
forward with the plans being presented
on 5/7.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
3 Defer DA/Permit Fees
(Level I)
Significant impact to P&D and IT
at initial change and at
reversion.
Staff time altering system architecture
cannot be justified at this time.
The administration does not support
this initiative. A change of this nature
would create a significant strain on
resources during a time when we
believe we should be focusing our
efforts on providing responsible,
reliable service as quickly as possible.
4 Hold DRC/CDB
meetings
Minimal - Limited to training We will be holding a virtual May DRC
via WebEx. While some entities are
holding virtual quasi-judicial hearings,
the City Attorneys Office advises
against doing so for city Quasi-judicial
proceedings.
P&D has scheduled a virtual DRC
meeting for May, however based on
Legal advice, we do not intend to hold
CDB meetings until we can do so in a
manner that the City Attorney believes
will meet the legal standard of Florida
Statutes.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
5 Extend permit/DO/DA
deadlines (Ch 252 FS).
Invoke for all applicants
Based on the current practice,
impact is minimal.
Per the City Attorneys Office, the
governing statute requires the holder
of the development right to invoke the
tolling but there is nothing in the
statute which permits the City to
invoke it for them. And while that
might not seem like a problem at first
blush, I can imagine a scenario where
there is significant opposition to a
project and the developer doesn’t
invoke the tolling since it thinks we did
it for them. After the original deadline
passes, either the City, the developer,
or both could then be hit with a
lawsuit seeking declaratory or
injunctive relief from the opponents
who could credibly argue that the
development order or permit has
expired and therefore no further
development is permitted.
The administration supports currently
authorized and systematic extensions
when requested or as provided for by
executive authority. At this time, staff
is extending permit time frames due to
lack of required inspections and no
expired permit fees are being added at
this time.
6 Implement short-term
variance process for
CDC
This change would be very
challenging to incorporate and
would likely impact inhibit our
COVID-19 response
The City incorporates a performance
based regulatory framework which
does not require adherence to strict
Euclidian legal standards for the
granting of variances. Provisions
related to flexibility substantially
exceed those commonly found in
variance processes when legally
observed.
It is unclear how this item is related to
the COVID-19 response, and as such
administration does not support the
change. The proposed change would
create a significant strain on resources
during a time when we believe we
should be focusing our efforts on
providing responsible, reliable service
as quickly as possible.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
7 Bldg. Permits: Use
private reviewers incl
site permits; use
private inspectors;
discount 66% for
private review of both;
discount 50% for
private review only.
Statutory authority currently
exists for use of private plan
reviewers and inspectors. These
functions are routinely being
performed. Fee reductions have
been adopted by City Council.
The statutory basis for the fee
reduction is section 553.791(2)(b)
which provides that when using
private plan reviewers, building
owners and contractors should pay
reduced building permit fees and no
inspection fees. The statute requires
the City to calculate the cost savings to
the City for not reviewing the plans
and reduce the permit fee accordingly.
Additionally, the statute says that the
City cannot charge any inspection fees,
we can charge a reasonable
administrative fee.
Administration does not support
changes at this time. We are currently
providing a 33% reduction. As part of
the upcoming workplan for Planning
and Development, they will be
reviewing private plan review fees
again to see what is appropriate. The
department will work with Finance to
identify the most appropriate way to
determine the savings associated with
use of private plan review.
8 Req city reviewers'
comments be raised by
initial review so no pre-
existing conditions can
be raised (other than
new) once Final has
occurred.
Potential for conflict with
building code and licensing
requirements.
That said, staff strives to be as
thorough as possible during the first
review. Resubmissions that address
comments with design changes may
impact other aspects of the proposal
and that design change could impact
other trades that could generate new
comments. The designer may also
further refine and finish their design
during the review process and that
could result in new comments.
This item does not appear COVID-19
related, and as such administration
does not support changes at this time.
As stated above, P&D is preparing to go
through a review of its development
related business processes in the next
year which will highlight opportunities
for process improvement.E9
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
9 Expand outdoor dining
policies to aid w/social
distancing
The Code allows “outdoor cafes” and
they are defined as accessory to an
adjacent business when located on
private property, or when encroaching
into the public rights of way, that
serves beverages and food and is open-
air. Staff believes that dining area is
on a patio, porch (under a roof) but
not enclosed with walls or screens
would be considered "open-air" which
would make it part of the gross floor
area.
Outdoor cafes in the public right-of-
way – are allowed in Downtown and
the Tourist District on Clearwater
Beach including a section along Beach
Walk. Outdoor cafes are restricted to
the sidewalk frontage on the business
applying for the permit and can’t
extend for more than 25’ from the
façade of the business. There are
other location and design
requirements that address furnishings,
pedestrian paths, perimeters, etc.
There are operational requirements
including the need for the operator to
Staff is supportive of working with
restaurants to support temporary
outdoor café areas. It would be helpful
if we could receive some additional
information on where businesses are
running into issues so that we can
identify the best solutions.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
10 Waive permitting
requirements on
sandwich board signage
for a period of time
Very few businesses even get through
a sandwich board sign permit. As with
the item above, there are operational
requirements including liability
insurance.
Administrative staff have already
commenced and will continue a
relaxation of enforcement activities
for certain types of signs during this
period of economic disruption. City
staff will continue to do so for the
foreseeable future until a more
stable business environment exists.
Priorities will continue to be given
to matters of public safety including
maintaining accessible pathways
and ensuring visibility is not
blocked. Changes in this policy will
be preceded by courtesy
notification.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
11 Allow Grand Re-
Opening Signs for 45
day period
Grand opening signs fall under
temporary signs. A total of four 16 s.f.
temporary signs are allowed per
parcel, two of which can be
commercial signs and one of those
one may be a banner, such as a Grand
Re-opening sign. As written the code
allows these signs for 30 days and the
only way to approve 45 days is to
change the code.
Administrative staff have already
commenced and will continue a
relaxation of enforcement activities
for certain types of signs during this
period of economic disruption. City
staff will continue to do so for the
foreseeable future until a more
stable business environment exists.
Priorities will continue to be given
to matters of public safety including
maintaining accessible pathways
and ensuring visibility is not
blocked. Changes in this policy will
be preceded by courtesy
notification.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
12 Use P&R Impact Fees &
City Traffic Impact Fees
be used in area of
created development
Need more information to
determine
The use of these fees is governed by
Florida Statutes as well as the city's
comprehensive plan and code of
ordinances. For Parks and rec impact
fees, the rules governing these fees
are focused on the use of impact fees
benefiting the areas where they are
collected, however if there is no
property or project where it can be
spent may have to use for city wide
facilities. For traffic fees, the ordinance
requires funds be spent on
transportation improvements
identified by Forward Pinellas and
within the City's long range and
comprehensive plans
Administration supports these funds in
a manner consistent with the governing
rules and regulations, which currently
support their use in the area of created
development.
13 Waive or defer BTR $
for a period of time;
BTR Registration req'd
N/A Initial research by the City Attorney's
office indicates that the city can
neither abate nor defer collections of
BTRs. Legal has provided opinions by
the Attorney General outlining the
reasoning for this and we will be
happy to provide that information to
Amplify.
Based on the initial research completed
by Legal, the city does not have the
ability to provide the requested
deferral or abatement.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
14 Overhaul BTR
program/fee schedule
to align with
competitors
N/A Initial research by the City Attorney's
office indicates that the city cannot
overhaul the BTR fee structure. The
ability to amend the BTR ordinance to
increase or decrease rates is governed
by F.S. Sect. 205.0535(4). The City can
only revisit the rates as part of its
biennial review, although at that time
it can make downward adjustments
(apparently a maximum increase or
decrease of 5%)or repeal the BTR
ordinance.
Based on the initial research completed
by Legal, the city does not have the
ability to overhaul the BTR fee schedule
at this time.
15 Waive Code Enf liens
for 1st-time offenders
Unknown This request appears unrelated to
COVID-19. Those who have been
liened have already had an
opportunity to come into compliance,
as provided by the Code Enforcement
Board, and have failed to do so. That
said, the City has a significant number
of outstanding code enforcement liens
totaling approximately $30,000,000.
Due to the excessive nature of these
liens staff has included the
development of a lien amnesty
program on their work program. .
Administration supports P&D focusing
on creation and implementation of a
lien reduction program generally as
part of its regular work plan.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
16 Free or reduced parking
for Beach employees
Unknown. Free and further
reduced parking would likely
result in changes in habit by
beach employees and may
reduce the amount of
employees using transit. Also,
free and further reduced parking
does not promote turnover
which would likely impact
revenues and beach
accessibility.
City currently offers $40 monthly
permits for beach employees, a
significant savings over standard
meter rates.
Administration supports continuation
of monthly employee permits at
current rate and increasing promotion
of this program.
17 Assist childcare facilities
to reduce rates
The city is not a licensed childcare
provider. The city has partners better
equipped to support these types of
programs, such as the JWB. County is
better set up to handle this issue.
Additionally, our staff is working to
determine how to safely provide
summer camp programming while
keeping its patrons and staff safe.
Administration will continue to review
plans for the operation of Summer
Camps, but suggests any new program
be funneled through our partners.
18 Consider
acquiring/allocating PPE
to businesses
Potential for reduction of
available PPE for essential
employees countywide
Currently the access to PPE is very
limited for area local governments and
resources are managed on a
Countywide basis for elements related
to the COVID-1 response.
Administration believes the appropriate
path for PPE allocation is the County,
however limited supplies will likely
make this a challenge.
19 Collaborate with
VSPC/CVB on
coordinated mktg
Staff continues to work with VSPC and
our marketing consultant in an effort
to provide coordinated marketing.
Staff recommends continuing this
practice
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
20 Prepare Beach with
new safety/health stds;
provide hand sanitizing
stations
Short term costs are around
$9,000
Staff has installed handwashing
stations temporarily on the beach.
Currently Implemented
21 Extend deadlines for all
CRA grants; Expand
grant process to include
current businesses
enhancing accessibility
to those already
invested
This item is not under the
purview of the City Council and
would need to be discussed as
part of the upcoming CRA
meeting.
The CRA has one grant that has
expired and no grants that are in
danger of expiring. There is an existing
provision for extension for the grants.
Item 2 will include a focus on
supporting existing CRA businesses
This item is not under the purview of
the City Council and would need to be
discussed as part of the upcoming CRA
meeting.
22 Work with
AMPLIFY/Others to
develop small-biz
concierge svce; provide
a contact to help make
connections to
resources, funds,
programs, incentives
Currently funded and part of
ongoing workplan.
ED&H and CRA staff both have
employees tasked with supporting this
effort.
Currently Implemented
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
23 Defer/abate utility
pmts for residences/biz
for pd of time
Unknown, but significant cost to
GF and to UCS and Finance staff
time.
Abating would be very expensive and
the utility funds would have to be
made whole from the General Fund
due to bond covenants. Promoting the
deferral of payments is not
recommended - encourages
businesses and residents to dig a hole
that is very difficult to get out of. The
city is currently providing forgiveness
on late fees and normally allows for
flexible payment plans on a case by
base basis.
Administration supports plans to
continue forgiveness of late fees for the
time being and continues to provide
flexible payment plans. Additionally,
businesses have the ability to utilize
grant funding from the County and the
City to pay utility bills
24 Dev/Coord mktg
campaign this is unified
across all mktg agencies
county-wide
See item 19 See item 19 See item 19
25 Develop "shop local"
campaigns/events,
incentives. Roll out
when appropriate
CRA will be working on these types of
events to bring focus to the businesses
in the CRA area.
CRA will be working on these types of
events to bring focus to the businesses
in the CRA area. Considering the
current allocation of resources,
administration suggests that the
opportunity to support a city wide
program may be best served if led by
Amplify. There may be opportunity for
the provision of a grant to Amplify to
do help support the event financially.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
26 Have Mayor film PSA
("Support your City's
Businesses")
Depends on vehicle for
promotion
Mayor Hibbard has made numerous
appearances through multiple types of
media.
Administration suggests that Amplify
identify some specific messages they
would like the Mayor to promote and
coordinate with Public Communications
to ensure alignment with the City
message.
27 Establish temporary
Sheltered Market for
small biz doing biz
w/City; Fund the net
increase cost of
insurance city requires;
Provide Net 1 pymt
terms; challenge other
large biz/institutions to
establish similar
program
Creation of a net 1 payment
structure would place
tremendous strain on the city's
procurement system and likely
create unanticipated negative
impacts to other, unrelated
areas of service
Current procurement rules do not
allow for a sheltered purchasing
market. Would require changes to the
Code of Ordinances.
Administration does not support
shifting to a sheltered market at this
time, as this would create a significant
strain on resources during a time when
we believe we should be focusing our
efforts on providing responsible,
reliable service as quickly as possible.
Staff has been processing invoices as
fast as responsibly possible since the
emergency began, and will continue to
do so. We are unable to commit to a
net 1 turn around time due to required
reviews and current resourcing.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
28 Continue support of
local hospitals and
other health care
providers in their
efforts to deliver critical
health care services to
the community;
Support efforts to
promote COVID-19
testing and tracing for
our community;
Encourage ongoing
efforts to promote
health and wellness for
those who live in and
visit our city.
Staff has been coordinating with
Pinellas County and the response
entities within the County since the
beginning of the outbreak. By in large
this has worked very well and we will
and we will continue that
coordination.
Administration supports these efforts
and will continue to coordinated with
County and provide responses
consistent with those efforts.
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
2 Grant $ for locally owned sm. Businesses (e.g. St. Pete Fighting Chance Fund)
9 Expand outdoor dining policies to aid w/social distancing
10
Waive permitting requirements on sandwich board signage for a period of
time
11 Allow Grand Re-Opening Signs for 45 day period
13 Waive or defer BTR $ for a period of time; BTR Registration req'd
22
Work with AMPLIFY/Others to develop small-biz concierge svce; provide a
contact to help make connections to resources, funds, programs, incentives
24 Dev/Coord mktg campaign this is unified across all mktg agencies county-wide
25
Develop "shop local" campaigns/events, incentives. Roll out when
appropriate
27
Establish temporary Sheltered Market for small biz doing biz w/City; Fund the
net increase cost of insurance city requires; Provide Net 1 pymt terms;
challenge other large biz/institutions to establish similar program
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
6 4,000,000$ X
CDBG ($480,000),
CRA ($240,000), DDB
($80,000) GFR
($3,200,000)X
X
1.5 X
X X X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
650-750 ED&H, CRA, FIN
P&D, ENG, CRA, ED&H
P&D
P&D, CRA & EDH
P&D, CRA & EDH
ED&H, CRA
ED&H, PC, CRA
ED&H, PC, CRA
FIN, EDH
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
ED&H - Very significant immediate and short
term (0-6 months)
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
will be able to defer some administration to partner agencies
ROW permits, Time limits to exception?
Time limit 45-60 days?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
2 Grant $ for locally owned sm. Businesses (e.g. St. Pete Fighting Chance Fund)
9 Expand outdoor dining policies to aid w/social distancing
10
Waive permitting requirements on sandwich board signage for a period of
time
11 Allow Grand Re-Opening Signs for 45 day period
13 Waive or defer BTR $ for a period of time; BTR Registration req'd
21
Extend deadlines for all CRA grants; Expand grant process to include current
businesses enhancing accessibility to those already invested
22
Work with AMPLIFY/Others to develop small-biz concierge svce; provide a
contact to help make connections to resources, funds, programs, incentives
24 Dev/Coord mktg campaign this is unified across all mktg agencies county-wide
25
Develop "shop local" campaigns/events, incentives. Roll out when
appropriate
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
6 4,000,000$ X
CDBG ($480,000),
CRA ($240,000), DDB
($80,000) GFR
($3,200,000)X
X
1.5 X
X X X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
650-750 ED&H, CRA, FIN
P&D, ENG, CRA, ED&H
P&D
P&D, CRA & EDH
P&D, CRA & EDH
CRA
ED&H, CRA
ED&H, PC, CRA
ED&H, PC, CRA
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
ED&H - Very significant immediate and short
term (0-6 months)
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
will be able to defer some administration to partner agencies
ROW permits, Time limits to exception?
Time limit 45-60 days?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
3 Waive DA/Permit Fees (Level I)16
4 Hold DRC/CDB meetings
5 Extend permit/DO/DA deadlines (Ch 252 FS). Invoke for all applicants 6
6 Implement short-term variance process for CDC (similar to Pin Co?) 16
7
Bldg Permits: Use private reviewers incl site permits; use private inspectors;
discount 66% for private review of both; discount 50% for private review
only.
8
Req city reviewers' comments be raised by final inspection so no pre-existing
conditions can be raised (other than new) once Final has occurred.
9 Expand outdoor dining policies to aid w/social distancing
10
Waive permitting requirements on sandwich board signage for a period of
time
11 Allow Grand Re-Opening Signs for 45 day period
12
Use P&R Impact Fees & City Traffic Impact Fees be used in area of created
development
13 Waive or defer BTR $ for a period of time; BTR Registration req'd
14 Overhaul BTR program/fee schedule to align with competitors
15 Waive Code Enf liens for 1st-time offenders
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
X X
X X
X
1.5 X
X X X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&D, FIN
P&D, Legal
P&D, Legal
P&D
P&D
P&D
P&D, ENG, CRA, ED&H
P&D
P&D, CRA & EDH
P&R,Legal & Engineering
P&D, CRA & EDH
P&D, FIN, Legal
P&D, Legal
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
No
already part of current process
Not applicable to current COVID-19 conditions
ROW permits, Time limits to exception?
Time limit 45-60 days?
Long term provision not applicabale?
Is this releveant to current COVID-19 crisis?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
4 Hold DRC/CDB meetings
5 Extend permit/DO/DA deadlines (Ch 252 FS). Invoke for all applicants 6
12
Use P&R Impact Fees & City Traffic Impact Fees be used in area of created
development
14 Overhaul BTR program/fee schedule to align with competitors
15 Waive Code Enf liens for 1st-time offenders
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&D, Legal
P&D, Legal
P&R,Legal & Engineering
P&D, FIN, Legal
P&D, Legal
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Long term provision not applicabale?
Is this releveant to current COVID-19 crisis?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
1 Defer rent for city tenants; extend lease terms = to abatement period
2 Grant $ for locally owned sm. Businesses (e.g. St. Pete Fighting Chance Fund)
3 Waive DA/Permit Fees (Level I)16
13 Waive or defer BTR $ for a period of time; BTR Registration req'd
14 Overhaul BTR program/fee schedule to align with competitors
16 Free or reduced parking for Beach employees
17 Assist childcare facilities to reduce rates
18 Consider acquiring/allocating PPE to businesses
23 Defer/abate utility pmts for residences/biz for pd of time
27
Establish temporary Sheltered Market for small biz doing biz w/City; Fund the
net increase cost of insurance city requires; Provide Net 1 pymt terms;
challenge other large biz/institutions to establish similar program
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
3 X
6 4,000,000$ X
CDBG ($480,000),
CRA ($240,000), DDB
($80,000) GFR
($3,200,000)X
X X
X X X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&R, M&A, FIN
650-750 ED&H, CRA, FIN
P&D, FIN
P&D, CRA & EDH
P&D, FIN, Legal
EDH, FIN, ENG
P&R, FIN
EOC, FIN
UCS,FIN
FIN, EDH
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
ED&H - Very significant immediate and short
term (0-6 months)
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
will be able to defer some administration to partner agencies
Long term provision not applicabale?
beach garage, costs?
Licenseed childcare?, Opening of Summer Camp?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
23 Defer/abate utility pmts for residences/biz for pd of time
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
UCS,FIN
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
1 Defer rent for city tenants; extend lease terms = to abatement period
17 Assist childcare facilities to reduce rates
20
Prepare Beach for with new safety/health stds; provide hand sanitizing
stations
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
3 X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&R, M&A, FIN
P&R, FIN
P&R , CPD
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Licenseed childcare?, Opening of Summer Camp?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
9 Expand outdoor dining policies to aid w/social distancing
16 Free or reduced parking for Beach employees
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&D, ENG, CRA, ED&H
EDH, FIN, ENG
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
ROW permits, Time limits to exception?
beach garage, costs?
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
20
Prepare Beach for with new safety/health stds; provide hand sanitizing
stations
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&R , CPD
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
18 Consider acquiring/allocating PPE to businesses
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
EOC, FIN
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
#PROPOSED
1 Defer rent for city tenants; extend lease terms = to abatement period
Suggestions as of 4/24/2020
Circulated by Denise Sanderson, ED&H
SUGGESTED ACTION DURATION (MONTHS)
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
ESTIMATED ESTIMATED $$FY19-20 FY20-21 SOURCE OF FUNDS ORD/RES
3 X
DURATION (MONTHS)FISCAL IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
EST# OF BUSINESSES TO BENEFIT IMPLEMENTING DEPT(S)
P&R, M&A,FIN
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
STAFF IMPACT
REGULATORY & WORK PROGRAM IMPACT TO CITY
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
NOTES
Notes
AMPLIFY Clearwater Business Recovery Task Force
Suggestions for Considerations
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7742
Agenda Date: 5/7/2020 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.2
SUBJECT/RECOMMENDATION:
Improving State Unemployment Benefits System - Councilmember Beckman
SUMMARY:
Page 1 City of Clearwater Printed on 5/7/2020
The Honorable Ron DeSantis
Governor
Office of Governor Ron DeSantis
400 S. Monroe Street
Tallahassee, Florida 32399
Dear Governor DeSantis,
As members of the Clearwater City Council we are writing to urge you to address Florida’s inadequate
unemployment benefits program and make significant improvements to both the application process
and the administration of earned benefits.
Tourism makes up a significant part of Clearwater’s economic base. Because of this and COVID19, we
are now experiencing record unemployment. As Councilmembers, we are speaking on behalf of over
25% of our residents who work in our food/ hospitality and retail establishments.
As you know, Florida has one of the weakest nominal unemployment compensation programs in the
country. Florida ranks 47th nationally, allocating a mere $275 per week allowance in (taxed) benefits.
Just as concerning is Florida’s 12-week cap on benefits matching that of North Carolina's as the lowest
number of weeks of eligibility in the nation.
Additionally, we continue to hear from constituents that the website where all applications must be
completed continues to malfunction making it extremely difficult for individuals to even file a claim for
unemployment benefits.
Just yesterday the Tampa Bay Times reported that “…of the more than 1.7 million claims that have been
filed so far, only 478,666 had been paid as of Sunday [May 3].” Over a million Floridians are still waiting
for their unemployment – and that means the 600.00 per week from the Federal stimulus program as
well.
We realize that the COVID19 pandemic is a colossal challenge. We know we are all in this together,
working to provide necessary services to our residents, as well as do all we can to restart our economy.
However, it is imperative that change happen at the state level. We urge you to:
1. Increase the maximum amount for payments and duration of unemployment benefits;
2. Update the formula to determine eligibility and consider a worker’s most recent quarter of
earnings to calculate the benefit;
3. Investigate and mitigate challenges with the website; and
4. Provide additional ways for individuals to apply for unemployment insurance.
We appreciate your prompt attention to this matter. The physical, mental and economic health of our
residents is at stake.
Respectfully,
Clearwater City Council