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06/01/2020Monday, June 1, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda June 1, 2020Council Work Session Work Session Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, June 1, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. City Manager Approve a recommendation by the Public Art and Design Board for a grant of $8,500 to FYI Community Partnership, Inc. for their proposal of the creation of an artist-led community mural in the Lake Belleview neighborhood to be funded from the Miscellaneous Public Art Fund (A1901). (consent) 2.1 3. Gas System Accept Dunedin Ordinance 20-03, an Interlocal Agreement/Gas Franchise with the City of Dunedin, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Dunedin and adopt City of Clearwater Resolution 20-26. 3.1 Accept a Gas Utility Easement from Carlos Saenz, for the construction, installation, and maintenance of gas utility facilities on real property located at 14671 State Road 52, Hudson, FL and adopt Resolution 20-25. 3.2 Accept a Natural Gas Easement from Weingarten Nostat Inc, for the construction, installation and maintenance of gas utility facilities on real property located at 23654 US Highway 19 North and adopt Resolution 20-24. 3.3 4. Police Department Page 2 City of Clearwater Printed on 5/29/2020 June 1, 2020Council Work Session Work Session Agenda Approve a renewal of the Tampa Bay Multi-Agency Gang Task Force Memorandum of Understanding and the accompanying Mutual Aid Agreement for a five-year period commencing upon execution and expiring on May 30, 2025 and authorize the Chief of Police to execute same. (consent) 4.1 5. Engineering Approve Engineer of Record (EOR) Work Order to Stantec Consulting Services, Inc., in the amount of $198,608 for design services for Lift Station 16 Rehabilitation on Pierce Street (20-0008-UT), and authorize the appropriation officials to execute same. (consent) 5.1 Approve a Joint Project Agreement (JPA) with Pinellas County for the Reclaimed Water (RCW) Pipe Repair on Old Coachman (Project No. 17-0056-UT) in the amount of $356,790 and authorize the appropriate officials to execute same. (consent) 5.2 Approve Change Order 1 to Paramount Painting and Services, Inc of Tampa, FL, for East WRF RDT Building Repair (18-0016-UT) in the amount of $72,145, increasing the contract from $59,435 to $131,580, and authorize the appropriate officials to execute same. (consent) 5.3 Approve the correction of a scrivener’s error in that certain resolution adopted on May 21, 2020, which accepted a utility easement from Florida Spine Properties, LLC, changing the resolution mistakenly labeled as number 20-07 to Resolution 20-08, and adopt Resolution 20-27. 5.4 6. Marine & Aviation Approve Joint Participation Agreement (JPA) G1K66 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), adopt Resolution 20-23, authorize a transfer from Airpark Fund reserves of $6,403.60, and authorize the appropriate officials to execute same. (consent) 6.1 7. Solid Waste Declare surplus and authorize disposition of identified vehicles and equipment via auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.622, Surplus Personal Property, and authorize the appropriate officials to execute same. (consent) 7.1 8. Public Utilities Page 3 City of Clearwater Printed on 5/29/2020 June 1, 2020Council Work Session Work Session Agenda Authorize a Purchase Order with Hach Company, for the purchase of Laboratory Equipment, Supplies, and Materials in the amount not to exceed $150,000 for the period of June 6, 2020 through June 13, 2021, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and, authorize the appropriate officials to execute same. (consent) 8.1 9. Official Records and Legislative Services Appoint one member to the Audit Committee as a citizen representative with term a to expire May 31, 2025. 9.1 10. Legal Adopt Ordinance 9372-20 on second reading, annexing certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.1 Adopt Ordinance 9373-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). 10.2 Adopt Ordinance 9374-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.3 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-28.10.4 11. City Manager Verbal Reports CNC COVID-19 Recommendations11.1 12. City Attorney Verbal Reports 13. Council Discussion Item Beachwalk Infrastructure - Mayor Hibbard13.1 Continue Citizen Phone Call-ins - Councilmember Beckman13.2 Free Parking in front of the Downtown Post Office - Councilmember Beckman 13.3 Page 4 City of Clearwater Printed on 5/29/2020 June 1, 2020Council Work Session Work Session Agenda 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn Page 5 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7756 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for a grant of $8,500 to FYI Community Partnership, Inc. for their proposal of the creation of an artist-led community mural in the Lake Belleview neighborhood to be funded from the Miscellaneous Public Art Fund (A1901). (consent) SUMMARY: FYI Community Partnership, Inc. is a non-profit organization based in South Greenwood and focused on providing responsive, timely, and creative solutions to empower families in at-risk communities improve their quality of life. The organization has submitted an application seeking discretionary funds to facilitate the creation of an artist-led community mural in the Lake Belleview neighborhood. Funding for this program would provide for a local artist to engage with residents to create a site-specific, community-focused design. To address requests of this nature the Public Art & Design Board has developed guidelines to govern the application process for discretionary fund assistance. Applications must be sponsored by a neighborhood, community, or arts organization and must align with the goals and objectives of the 2007 Public Art Master Plan. FYI Community Partnership, Inc.’s request supports the City’s Strategic Vision by providing public art for the citizens and visitors of Clearwater and aligns with the Public Art Master Plan for projects that strengthen civic connectivity and support neighborhood identity. This project contributes to a visual language that helps make Clearwater’s neighborhoods identifiable and unique will create a point of pride within the Lake Belleview community. At the January 30, 2020 Public Art & Design Program meeting, the Board voted to unanimously approve the FYI Community Partnership, Inc. funding request and submits its recommendation that the City Council approve this grant. APPROPRIATION CODE AND AMOUNT: Funds are available in capital project 315-A1901, Miscellaneous Public Art, to fund this grant. Page 1 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7785 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Accept Dunedin Ordinance 20-03, an Interlocal Agreement/Gas Franchise with the City of Dunedin, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Dunedin and adopt City of Clearwater Resolution 20-26. SUMMARY: On May 19, 2020, the City of Dunedin Commission approved and adopted on second reading, Ordinance 20-03 which provides for an Interlocal Agreement with the City of Clearwater, setting forth the terms of a franchise for Clearwater Gas System to provide natural gas service in Dunedin. The previous franchise with City of Dunedin was approved on May 1, 1990 and expired on April 30, 2020. Currently, CGS is operating on a month to month basis under the provisions of that franchise agreement due to unavoidable delays resulting from the COVID-19 health emergency. The effective date of the new franchise shall be the 1st day of the month following approval of the Interlocal Agreement by the City of Clearwater. The Agreement provides the City of Clearwater a 15-year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the City of Dunedin. The agreement also provides for a renewal option for an additional 15 years. The Interlocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of Dunedin. The prior franchise fee was 5%. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/29/2020 Resolution No. 20-26 RESOLUTION NO. 20-26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF DUNEDIN, FLORIDA, FOR THE PURPOSE OF FURNISHING NATURAL GAS WITHIN THE CITY OF DUNEDIN AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance No. 20-03 of the City of Dunedin on May 19, 2020, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the gas system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the gas system franchise, privilege and concession granted by the City of Dunedin, Florida, by the adoption of Ordinance No. 20- 03 of the City of Dunedin, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Council of the City of Dunedin not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk of the City of Dunedin. PASSED AND ADOPTED this ______ day of June, 2020. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7789 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Carlos Saenz, for the construction, installation, and maintenance of gas utility facilities on real property located at 14671 State Road 52, Hudson, FL and adopt Resolution 20-25. SUMMARY: Carlos Saenz (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located on State Road 52, just west of Hays Road (Parcel ID# 11-25-17-0000-00100-0015) in Pasco County, for the installation of a natural gas distribution line. This main line will serve a commercial customer (Dairy Queen) located at 14671 State Rd 52 and will provide service to a future commercial customer located at 14685 State Rd 52. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/29/2020 Resolution No. 20-25 RESOLUTION NO. 20-25 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM CARLOS SAENZ, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from CARLOS SAENZ, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; 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 accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-25. 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: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Exhibit "A" To Resolution 20-25 Dairy Queen - Gas Easement 14671 State Rd 52 Hudson, FL 34669 - Parcel ID#: 11-25-17-0000-00100-0015 SR52 Suncoast Pkwy Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7790 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Accept a Natural Gas Easement from Weingarten Nostat Inc, for the construction, installation and maintenance of gas utility facilities on real property located at 23654 US Highway 19 North and adopt Resolution 20-24. SUMMARY: Weingarten Nostat Inc (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located in the Shopping Center at the Southwest corner of Sunset Point and US Highway 19 (Parcel ID# 06-29-16-00000-410-0200) in Clearwater, for the installation of a natural gas distribution line. This main line will serve two commercial customers located at a newly constructed building within the main site parcel (sub-parcel address 23894 & 23886 US Hwy 19 N, Clearwater) and will provide service to future commercial customers within the Plaza if requested. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/29/2020 Resolution No. 20-24 RESOLUTION NO. 20-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM WEINGARTEN NOSTAT INC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from WEINGARTEN NOSTAT INC, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; 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 accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-24. 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: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Exhibit "A" To Resolution 20-24 Return to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 06-29-16-00000-410-0200 II GAS UTILITY EASEMENT 11 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Weingarten Nostat Inc, a Florida Commercial Reit whose principal address is 2720 E Colonial Drive, Orlando FL 32803 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Grantee"), a non-exclusive, gas utility easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof (the "Servient Property") This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced natural gas transmission pipes, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantor and Grantee, for themselves, their heirs, successors and assigns, agree as follows: 1.Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5)feet easement (herein referred to as the "Easement Area"), in perpetuity on, over, under, across and through the Servient Property described in Exhibit "A", attached hereto, for the purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant equipment for the provision of natural gas as the same may be installedfrom time to time; with the right to reconstruct, improve, add to, enlarge, change the size ofand remove such facilities or any of them within the Easement Area. In the event theEasement Area crosses any roadway, sidewalk or other impervious area, Grantor will require Grantee to perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved method. 2.Grantee by acceptance hereof, agrees to construct, repair and maintain, at its solecost and expense, the Facilities which shall comply with all applicable rules and regulations.In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. 3.The Grantor shall have and retains the right to construct improvements on, maintainand utilize the Easement Area (including, but not limited to, the construction of driveways,parking areas, landscaping and related improvements) provided such construction does not unreasonably impair Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities within the Easement Area. 4.Nothing herein shall create or be construed to create any rights in or for the benefit ofthe general public in or to the Easement Area. [A04-02064 /176103/1] Sunset Point + US19 Shopping Center - Gas Easement 23894 & 23886 US Hwy 19 N - Parcel ID#: 06-29-16-00000-410-0200 Sunset Point Rd US-19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7755 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a renewal of the Tampa Bay Multi-Agency Gang Task Force Memorandum of Understanding and the accompanying Mutual Aid Agreement for a five-year period commencing upon execution and expiring on May 30, 2025 and authorize the Chief of Police to execute same. (consent) SUMMARY: Mutual aid agreements between law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and providing operational assistance. The principal goal of the Memorandum of Understanding (MOU) is to provide for an orderly and equitable plan for the distribution of assets forfeited as a result of any Multi-agency gang task force activation and to provide for the disbursement of any such assets or funds as outlined in the MOU. The Mutual Aid Agreement joins agencies together to form a task force whereby each agency may request and render law enforcement assistance to the other to include, but not necessarily limited to civil disturbances, large protest demonstrations, concerts and parades related to gang and disruptive group activity, and gang and disruptive group related crime. Each agency shall have a representative on the Multi-Agency Gang Task Force steering committee. Each participating agency is subject to the terms and conditions in the Mutual Aid Agreement. Page 1 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7757 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Work Order to Stantec Consulting Services, Inc., in the amount of $198,608 for design services for Lift Station 16 Rehabilitation on Pierce Street (20-0008-UT), and authorize the appropriation officials to execute same. (consent) SUMMARY: Lift Station 16 components are at the end of useful life and in need of replacement/upgrades. Stantec will provide design, permitting, and bidding services associated with repair and replacement of old equipment in addition to raising the level of new electrical/mechanical equipment for improved resiliency. Also included is an evaluation and subsequent design of either a permanent generator or diesel pump to provide backup reliability in the event of an electrical power failure. It is anticipated the design will be completed within approximately 7 months from the date of council approval. The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-561300-96686 $198,608 Funds are available in capital improvement project 96686, Pump Station Replacement, to fund this work order. 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WƵďůŝĐhƚŝůŝƚŝĞƐ^ŝƚĞZĞƉƌĞƐĞŶƚĂƚŝǀĞ&D DŝŬĞ'ŝůůŝĂŵ   WƵďůŝĐhƚŝůŝƚŝĞƐDĂŶĂŐĞƌ>^ 'ůĞŶŶĂŶŝĞů   WƵďůŝĐhƚŝůŝƚŝĞƐDĂŶĂŐĞƌ&D :ĞƌĞŵLJ:͘ƌŽǁŶ͕W  hƚŝůŝƚŝĞƐŶŐŝŶĞĞƌŝŶŐDĂŶĂŐĞƌ ZŝĐŚĂƌĚ'͘'ĂƌĚŶĞƌ͕W  WƵďůŝĐhƚŝůŝƚŝĞƐƐƐŝƐƚĂŶƚŝƌĞĐƚŽƌ  ͹ǤȀ  ǣ  E'/EZ͛ƐƉƌŽũĞĐƚĐŽƌƌĞƐƉŽŶĚĞŶĐĞƐŚĂůůďĞĚŝƌĞĐƚĞĚƚŽ͗ :ĂƌĂŚWĂƌŬĞ͕ũĂƌĂŚ͘ƉĂƌŬĞΛƐƚĂŶƚĞĐ͘ĐŽŵŽƌ :ĞŽǀĂŶŶŝLJĂůĂͲ>ƵŐŽ͕ũĞŽǀĂŶŶŝ͘ĂLJĂůĂͲůƵŐŽΛƐƚĂŶƚĞĐ͘ĐŽŵ ϳϳϳ^͘,ĂƌďŽƵƌ/ƐůĂŶĚůǀĚ͘ ^ƵŝƚĞϲϬϬ dĂŵƉĂ͕&ůŽƌŝĚĂϯϯϲϬϮ  ůůŝƚLJƉƌŽũĞĐƚĐŽƌƌĞƐƉŽŶĚĞŶĐĞƐŚĂůůďĞĚŝƌĞĐƚĞĚƚŽ͗ ĂǀŝĚKũĞĚĂ͕ĂǀŝĚ͘KũĞĚĂΛŵLJĐůĞĂƌǁĂƚĞƌ͘ĐŽŵǁŝƚŚĐŽƉŝĞƐƚŽƚŚĞhƚŝůŝƚŝĞƐŶŐŝŶĞĞƌŝŶŐDĂŶĂŐĞƌ ĂŶĚWƵďůŝĐhƚŝůŝƚŝĞƐƐƐŝƐƚĂŶƚŝƌĞĐƚŽƌĂŶĚŽƚŚĞƌƐĂƐŵĂLJďĞĂƉƉƌŽƉƌŝĂƚĞ͘ tKZ<KZZ/E/d/d/KE&KZD ϴŽĨϭϭ ZĞǀŝƐĞĚ͗ϳͬϮϮͬϮϬϭϵ E'/EZƐŚĂůůƉƌŽǀŝĚĞĂŵŝŶŝŵƵŵŽĨĨŽƌƚLJͲĞŝŐŚƚ;ϰϴͿŚŽƵƌƐ͛ŶŽƚŝĐĞƉƌŝŽƌƚŽĐŽŶĚƵĐƚŝŶŐ ĨŝĞůĚǁŽƌŬͬƐŝƚĞǀŝƐŝƚƐ͘E'/EZƐŚĂůůƉƌŽǀŝĚĞĂŵŝŶŝŵƵŵŽĨƐĞǀĞŶ;ϳͿĚĂLJƐŶŽƚŝĨŝĐĂƚŝŽŶĨŽƌƐŝƚĞ ǀŝƐŝƚƐƌĞƋƵŝƌŝŶŐƚŚĞĂƐƐŝƐƚĂŶĐĞŽĨŝƚLJKƉĞƌĂƚŝŽŶƐĂŶĚDĂŝŶƚĞŶĂŶĐĞƉĞƌƐŽŶŶĞů͘ E'/EZĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚĂůůŝƚLJĚŝƌĞĐƚŝǀĞƐƐŚĂůůďĞƉƌŽǀŝĚĞĚďLJƚŚĞŝƚLJWƌŽũĞĐƚDĂŶĂŐĞƌ͘ 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ZĞƐƉŽŶĚƚŽZ&/Ɛ ΨϮ͕ϴϵϱ  ΨϮ͕ϴϵϱ ϱ͘ϰ ŽŶƐƚƌƵĐƚŝŽŶ^ŝƚĞsŝƐŝƚƐ Ψϴ͕ϱϮϬ ΨϰϱϬ Ψϴ͕ϵϳϬ ϱ͘ϱ &ŝŶĂů/ŶƐƉĞĐƚŝŽŶ Ψϭ͕ϴϴϬ ΨϱϬ Ψϭ͕ϵϯϬ ϱ͘ϲ WƌŽũĞĐƚůŽƐĞŽƵƚĂŶĚĞƌƚŝĨŝĐĂƚŝŽŶ Ψϰ͕ϯϬϬ  Ψϰ͕ϯϬϬ ϱ͘ϳ WƌŽũĞĐƚĂƚĂůŽŐ Ψϯ͕ϲϴϬ  Ψϯ͕ϲϴϬ ^ƵďƚŽƚĂůΨϯϴ͕ϴϲϬ ^ƵďƚŽƚĂů͕>ĂďŽƌĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐ Ψϭϴϵ͕ϭϱϬ dĂƐŬůůŽǁĂŶĐĞ;ϱйͿ Ψϵ͕ϰϱϴ 'ƌĂŶĚdŽƚĂůΨϭϵϴ͕ϲϬϴ  DREW ST PIERCE ST MEMORIAL CSWY COURT ST CLEVELAND ST CHESTNUT ST S FORT HARRISON AVE ROGERS ST S OSCEOLA AVE OAK AVE N OSCEOLA AVE WATTERSON AVE BAY AVE S GARDEN AVE N FORT HARRISON AVE LAURA ST PARK ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com KN TM N.T.S.286B 16-29s-15e5/12/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\LS16_REHAB_8x11.mxd PROJECTLOCATION ^ Lift Station 16 - Pierce St. RehabProject # 20-0008-UT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7764 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a Joint Project Agreement (JPA) with Pinellas County for the Reclaimed Water (RCW) Pipe Repair on Old Coachman (Project No. 17-0056-UT) in the amount of $356,790 and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County intends to replace the bridge crossing at Old Coachman Road and Alligator Creek. The City of Clearwater owns a 16-inch RCW main that runs along the west side of the existing bridge. This construction requires relocation and adjustments of the City’s RCW main due to conflicts with the County’s proposed improvements. Pinellas County will receive competitive bids for the project and award the contract to the lowest responsible bidder. Final costs will be determined by the contractor’s bid. The City will be advised of the actual contract bid costs and will be given the opportunity to reject the bid if deemed excessive. The project is estimated to be complete within 240 calendar days from the Notice to Proceed issued by Pinellas County to the contractor. Public Utilities Department owns and maintains the reclaimed water distribution system. APPROPRIATION CODE AND AMOUNT: 3217321-536800-96739 $356,790.00 Funds are available in capital improvement project 96739, Reclaimed Water Distribution System, to fund the JPA. Page 1 City of Clearwater Printed on 5/29/2020 JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: Old Coachman Road (CR 535) Bridge Replacement over Alligator Replacement PROJECT LIMITS: Old Coachman Road Bridge over Alligator Creek COUNTY PROJECT IDENTIFICATION NO.: 001034A THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the day of , 20 , by and between Pinellas County, a political subdivision of the State of Florida, hereinafter the “County”, and the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter the “City” (collectively, Parties). WITNESSETH, That: WHEREAS, the County intends to construct bridge replacement on Old Coachman Road (CR 535) over Alligator Creek (County Project No. 001034A or Project), which will call for the adjustment, relocation and/or installation of the City’s utility facilities along, over and/or under the Project (Utility Work); and WHEREAS, the County’s plans for the Project have been reviewed by the City and the City has had the opportunity for input into said plans; and WHEREAS, the County and the City have determined that it would be to the best interest of the general public and to the economic advantage of both Parties to enter into this Joint Project Agreement for the Utility Work to be accomplished by the County’s contractor as part of the construction of the Project; and WHEREAS, the City has expressed its desire to assume all reasonable and necessary costs to be incurred for this Utility Work and has requested the County to include in said Project certain plans and specifications to meet the City’s needs. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the Parties as follows: 1. Utility Work The City’s Utility Work within the limits of the Project is more specifically described as the replacement, relocation or adjustment of a 500 linear foot twelve inch (12”) reclaimed water main that is in conflict with the proposed bridge replacement improvements as part of County PID No. 001034A, located on Old Coachman Road over Alligator Creek. 2. Funding 2.1 The County will be responsible for the bidding and award of the construction contract for the Project and will include the Utility Work as a separate option item in its bidding document. After the County receives, opens, and evaluates the bids, the County will notify the City, in writing, of the County’s intent to award the contract (“Notification”). This Notification will include the amount for the Utility Work option. The bid will be awarded based upon the bids received for the Project excluding any Utility Work options. The City will have fifteen (15) days from receipt of the County’s notification to request, in writing, that the County delete the Utility Work option from the County’s award of bid/construction contract, and to notify the County of the City’s intent to perform the Utility Work with the City’s own forces or its own contractor. In order not to delay the construction of the Project, the City must show that it is ready and able to perform all Utility Work prior to requesting that the County delete the Utility Work option from the contract award. The City does not have the right to delay or affect, in any way, the award of the contract. In the event the City, in performing the Utility Work causes a compensable delay to the County’s construction of this Project, the City will pay all claims and costs incurred due to its delay. 2.2 The City hereby certifies that funding for the preliminary estimated Utility Work cost (Exhibit A) of three hundred thirty nine thousand eight hundred and 0/100 Dollars ($339,800.00), plus five percent (5%) for County construction/contract administration/compaction and backfill testing costs of sixteen thousand nine hundred ninety and 0/100 Dollars ($16,990.00), for a total cost of three hundred fifty six thousand seven hundred ninety and 00/100 Dollars ($356,790.00), has been appropriated and is available for deposit into an interest bearing escrow account for the purpose of payments by the County to the contractor on the City’s behalf. The deposit will be due to the County no later than thirty (30) days from the date of Notification of the County’s intent to award the construction contract. If the Utility Work option portion of the contractor’s bid selected by the County for performance of the Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to and in accordance with the limitations and conditions established by Subparagraph 2.1 hereof regarding the City’s option to remove the Utility Work, the City will deposit an amount with the County which equals the total option item plus 5% of that amount for County construction/contract administration/compaction and backfill testing. Interest will accrue on the deposit balance and be used toward the cost of the Utility Work. In the event the final, actual cost of the Utility Work is less than the amount the City deposited, including all interest earned, but excluding the 5% for County construction/contract administration/compaction and backfill testing of the actual construction costs, the County will reimburse the City any excess escrow account funds. Should contract modifications occur that increase the cost of the Utility Work, or the estimated quantities of items provided by the City in Exhibit A are exceeded, the City will be notified by the County accordingly. The City will pay the County within thirty (30) calendar days of notification by the County to ensure that cash on deposit with the County is sufficient to fully fund the cost of the Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs will overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative fee) within thirty (30) calendar days of notification by the County. However, failure of the County to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility Work. All deposits due to the County referenced in Section 2.2 above shall be mailed to: Finance Division Accounts Receivable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 2.3 The County will require the successful contractor to comply with the following conditions. The City shall be responsible for the costs attributed to said compliance with these conditions as part of the Utility Work: (A) Indemnify, hold harmless, pay the costs of defense on behalf of and defend the County and its agents and employees and the City and its agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from the performance of the Project or the Utility Work; (B) Provide a dual obligee bond in the full amount of the Project, naming the City and the County as obligees; and (C) Provide insurance coverage per the requirements in the insurance section of the invitation to bid as well as in the executed contract with the successful contractor. Both the County’s invitation to bid and the construction contract will require that the Contractor name the County and the City as additional insured entities and certificate holders. 3. Joint Project Activities 3.1 The City will prepare, at its expense, the design of plans and specifications for all the City’s necessary Utility Work and reimbursable Utility Work described above and will furnish to the County no later than May 31, 2020, complete and reproducible plans on standard size sheets (11” x 17” and 24” x 36”), together with a complete set of specifications covering all construction requirements for the Utility Work. These plans and specifications will be complete in every detail and will include a “Summary of Quantities” sheet and/or “Bill of Materials” identifying the items of work, with a final estimate of cost (Engineer’s Estimate), required to accomplish the Utility Work said estimate to be satisfactory to the County. The plans and specifications will be signed and sealed by a Registered Professional Engineer in the State of Florida. 3.2 The City will coordinate the development of the Utility Work plans with the County’s plans for the Project. The County, upon request by the City, will furnish all available roadway information required by the City for the coordination and development of the Utility Work plans, and the County will cooperate with the City to this end. The City’s specifications for this Project will not conflict with the County’s specifications or the County’s Invitation to Bid document. 3.3 The City will obtain all necessary permits required for construction of the Utility Work. This Agreement does not relieve the City of any requirement to obtain required permits from the County. A copy of all permits required for said Utility Work will be provided to the County no later than May 31, 2020. 3.4 All surveys for construction of the Utility Work will be furnished by the successful contractor, in accordance with the plans and specifications provided by the City. 3.5 The coordination of the City’s Utility Work with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will cooperate fully and immediately to resolve any delays in the construction of the project occurring as the result of the City’s Utility Work. 3.6 All of the Utility Work done pursuant to this Agreement shall be done in substantial accordance with the City’s plans and specifications, which plans and specifications are incorporated hereto by reference. All information required for field changes, change orders or supplemental agreements pertaining to the City’s Utility Work will be promptly furnished to the County. 3.7 During construction of the City’s Utility Work, the City will provide the necessary construction and engineering inspection for the City’s Utility Work to determine if the Utility Work is in substantial compliance with the plans and specifications, and provide all required testing associated with the City’s Utility Work, excluding backfill and compaction testing in accordance with Pinellas County Minimum Testing Frequency Requirements, and provide results to the County for same. The contractor shall contact the City’s Engineering Inspection Division at 727-6713, extension 4414 within 24 hours prior to commencement of any City Utility Work to schedule the appropriate inspection and pressure testing. The City’s inspector will immediately notify the County inspector of any objections to the Utility Work. 3.8 The City will participate in the design, utility coordination, pre-construction and other meetings as necessary for Project coordination. 3.9 All adjustment, relocations, repairs, maintenance, and incidental work (“Incidentals”) required to be performed to the City’s existing utilities for the Joint Project, not included in the Utility Work, will be the sole responsibility of the City. All such work is to be coordinated with the construction of this Joint Project and in a manner that will not cause delay to the County’s Project contractor. 3.10 The City’s comments and suggestions are invited and will be considered by the County; however, all services and work under the construction contract will be performed to the satisfaction of the County’s Director of Public Works, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such contract for Utility Work, the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and who’s decision upon all claims, questions and disputes thereunder are final and conclusive upon the Parties hereto. 3.11 Upon completion of the entire Project, which will be determined jointly by the County and the City, the City will own, control, maintain and be responsible for all City utility facilities in accordance with the terms of the County issued Utilization Permit. The City will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed utilities facilities. 3.12 The County will forward any accounting records, if requested, to the following City representative: Todd Kuhnel City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 3.13 Upon final payment to the contractor, the County intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project costs records and accounts shall be subject to audit by a representative of the Company for a period of three (3) years after final close out of the Project. 3.14 Upon completion of the entire Project, the Contractor will supply “as built” (“Record”) standard size sheet (11” x 17” or 24” x 36”) Utility Work plans to the County, who in turn will within ninety (90) days, furnish the City with one (1) set. 3.15 Upon completion of the entire Project, the County will ensure that any warranty, including materials, equipment, workmanship and closeout documents, by the contractor constructing and/or installing facilities related to the Utility Work in accordance with this Agreement, is assigned to the City. 4. Project Managers The primary contact for each of the Parties is: 4.1 The Project Manager for the City shall be Todd Kuhnel or their designee (“City’s Project Manager”), whose current telephone number is 727-562-4798, email address is todd.kuhnel@myclearwater.com and whose post office address is 100 South Myrtle Avenue, Clearwater, Florida 33756. 4.2 The Project Manager for Pinellas County shall be Tony Hornik or their designee (“County’s Project Manager”), whose telephone number is 727-464-3640, email address is thornik@pinellascounty.org and whose post office address is 14 S. Fort Harrison Avenue, Clearwater, FL 33756. 4.3 Each Party may designate a replacement Project Manager by giving written notice of such designation, and the telephone number, e-mail address, and mailing address to the other party in accordance with this Agreement. 5. Records, Reports, and Inspection The County shall maintain financial records, accounting and purchasing information, and books and records for the Project. These books, records, and information shall comply with general accounting procedures. All documents related to the Project are public records and shall be retained and provided as required by law. 6. Compliance with Federal, State, County, and Local Laws Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 7. Responsibilities of the Parties The County and the City shall be fully responsible for their own acts of negligence and their respective employees’ and/or agents’ acts of negligence, when such employees’ and/or agents’ are acting within the scope of their employment; and shall be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the County or the City. Nothing herein shall be construed as consent by the County or City to be sued by third Parties in any matter arising out of this Agreement. 8. Discrimination The County and the City shall, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 9. Assignment This Agreement may not be assigned. 10. Severability Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this Agreement. 11. Entire Agreement This Agreement constitutes the entire agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 12. Notification All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, or, if hand delivered, upon the actual date of delivery to the Project Manager, whose address is set forth in Section 4 above. 13. Waiver No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. 14. Due Authority Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the party on whose behalf they are executing. 15. Headings The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 16. Fiscal Funding The obligations of the Parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the Parties. 17. Term The term of this Agreement shall commence upon execution of this Agreement, per the first paragraph on page one (1) of the Agreement, by the Parties and shall terminate after completion and acceptance of the Utility Work and upon final payment in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to issue a Notice to Proceed to a contractor for the Project within seven hundred twenty (720) days from the date of full execution of this Agreement by the Parties, this Agreement shall be deemed terminated and any payments made by the City to the County shall be refunded in full by the County within thirty (30) days. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written. CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida By: _______________________________ Mayor PINELLAS COUNTY, FLORIDA by and through its Board of County Administrators By: ________________________________ Pat Gerard, Chairman By: _____________________________ City Manager ATTEST: By:___________________________ City Clerk ATTEST: Ken Burke, Clerk of the Circuit Court By:_______________________________ Deputy Clerk APPROVED AS TO FORM: By: ________________________________ City Attorney APPROVED AS TO FORM: By:______________________________ Office of the County Attorney OFFICIAL CITY SEAL US-19 NN BELCHER RD NE COACHMAN RD NOLD C O A C H MANRD SHARKEY RD D O RADRANNA AVE CAMPBELLRD E L T AIR T R LFARRIERTRLMANORBLVDN S LAGO ON CIR LAKEFORESTRDPALMETTO ST GRANGER DR ELLA PL TERRACE DR N VARSITY DR VERDEDRAL LIG A T ORCREEKRD STAG R U N B L V D LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Date:5/5/2020 RCW Pipe RepairOld Coachman/Spectrum FieldProject #17-0056-UT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\17-0056-UT_Old Coachman_Spectrum Field RCW Pipe Repair.mxd TKReviewed By: PROJECTSITE CRMMap Gen By:07-29s-16eS-T-R:272BGrid #: ² N.T.S.Scale: Legend Enclave City of Clearwater Service Area Bid Item Item Description Quantity Unit Unit Price Total CostCLW-005-0700 Survey and Layout 1 LS $2,500 $2,500CLW-005-0900 Survey As-Built 1 LS $2,500 $2,500CLW-101-0100 Mobilization/Demobilization 1 LS $15,000 $15,000CLW-102-0100 Maintenance of Traffic 1 LS $2,000 $2,000CLW-1 F&I 12" C-900/RJ CERTA-LOK DR 18 PVC RCW by HDD 240 LF $170 $40,800CLW-2 F&I 12” C-900/RJ CERTA-LOK DR 18 PVC RCW by Open Cut 280 LF $150 $42,000CLW-3 F&I 12” DI RCW Pipe Installed on Steel Pipe Bridge 1 LS $115,000 $115,000CLW-4 Remove & Dispose of Existing Aboveground Bypass Pipe 520 LF $20 $10,400CLW-5 Remove & Dispose of Existing Buried 12" RCW Pipe 100 LF $30 $3,000CLW-6 F&I 12" Gate Valve & Valve Box 2 EA $7,000 $14,000CLW-7 F&I 12" Thrust Restraint for New Fittings & Valves to PVC Pipe 20 EA $280 $5,600CLW-8 F&I 12" Thrust Restraint for Existing PVC Pipe 4 EA $1,500 $6,000CLW-9 F&I Combination Air Valve & Polyethylene Cover 2 EA $3,500 $7,000CLW-10 F&I Compact DI Fittings 1,500 LB $10 $15,000CLW-11 Tree Barricades 1 LS $5,000 $5,000CLW-12 Root Pruning 200 LF $20 $4,000 $289,800CLW-999-0000 $50,000 $339,800$16,990 $356,790Total Estimated Project Cost: County Construction/Contract Administration Cost (5%):Total Estimated Construction Cost = Subtotal Estimated Construction Cost = Old Coachman/Spectrum Field RCW Pipe Repair Project City of Clearwater, Florida Engineer's Opinion of Probable Cost - 100% SubmittalMarch, 2020 Unspecified Work 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7804 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve Change Order 1 to Paramount Painting and Services, Inc of Tampa, FL, for East WRF RDT Building Repair (18-0016-UT) in the amount of $72,145, increasing the contract from $59,435 to $131,580, and authorize the appropriate officials to execute same. (consent) SUMMARY: A concrete floor slab at the East WRF RDT building has deteriorated to a level requiring repairs. The City engaged an EOR to assist with repair documents and solicit bids. January 15, 2020, City Manager approved a construction contract to Paramount Painting & Services, Inc for structural restoration in the amount of $59,435. During the time between the publicly advertised on-site pre-bid meeting and the issuance of Notice to Proceed to the low bidder, the structure experienced significant accelerated deterioration. Although this is a sizable change order, staff recommends approval. This change order will enable the timely placement of bracing to prevent additional structural deterioration and ensure safety. Addressing the repairs now will minimize costs of potential increasing repairs, while conserving staff resources for a more successful and efficient project outcome. The unit prices for the additional work including concrete repair, shoring, and stucco rehab, are fair and reasonable when compared to recent projects from 2017 and 2020. APPROPRIATION CODE AND AMOUNT: 3277327-546700-M1907 $72,145.00 Funding is available in Utility Renewal and Replacement project M1907, East Plant Repair and Replacement. Page 1 City of Clearwater Printed on 5/29/2020 To:City of Clearwater Project: East WRF RDT Building Repair Application:1 Engineering - Jeff Walker P.E.___ OWNER Contract No:18-0016-UT Period to:___ ARCHITECT Contract Date:1/15/2020 ___ CONTRACTOR Purchase Order:20000694 ___ ENGINEER From: Paramount Painting & Services Inc. 4613 N. Hesperides St Tampa, FL 33614-6911 CHANGE ORDER SUMMARY Application is made for payment, as shown below, in connection with the Contract. Change Orders approved in ADDITIONS DELETIONS Continuation Sheet is attached. previous months by Owner TOTAL -$ -$ 1 Original Contract Sum 131,580.00$ Approved this month 2 Net Change by Change Orders -$ 3 Contract Sum to Date (Line 1 + 2)131,580.00$ 4 Total Completed -$ 5 Retainage -$ TOTALS -$ -$ (5% of completed work) Net Change by Change Orders -$ 6 Total Earned Less Retainage -$ (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the 7 Less Previous Certificates for Payment -$ 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)-$ with the Contract Documents, that all amounts have been paid by 9 Balance to Finish, Plus Retainage 131,580.00$ 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) In accordance with the Contract Documents, based on onside observations and the data comprising the above application, the Architect/Engineer certifies Brian Walter, PE 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 Jeremy Brown, PE said Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.ivan Dimitrov, Project Manager By: ___________________________________Date:_________________ CONTRACTOR: -$ 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 Page 1 East WRF RDT Building Repair (18-0016-UT)Draw 1 Date Item No. Description Units Qty. Unit Price Contract Price Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 1 Mobilization LS 1 ########19,275.00$ 19,275.00$ -$ -$ -$ 2 Concrete Sounding: sound concrete to identify and confirm areas of delaminated and/or spalled concrete elements, at both slab surface and underside SF ####0.95$ 3,135.00$ 3,135.00$ -$ -$ -$ 3 Horizontal Concrete Repair: delaminated areas, spalls, and exposed reinforcement ar 2nd floor slab surface CF 20 375.00$ 7,500.00$ 1,500.00$ 9,000.00$ -$ -$ -$ 4 Overhead Concrete Repair: delaminated areas, spalls, and exposed reinforcement at 2nd floor underside, including adjacent beams where necessary CF 30 450.00$ 13,500.00$ (4,500.00)$ 9,000.00$ -$ -$ -$ 5 Vertical Concrete Crack Repair: at the walls of the Chemical Feed Room via route and seal, refer to specification 07920 of the BillerReinhart Project Manual FT 70 8.00$ 560.00$ 1,040.00$ 1,600.00$ -$ -$ -$ 6 Horizontal Concrete Crack Repair: in floor slab, refer to specification 07920 of the BillerReinhart Project Manual FT 15 7.00$ 105.00$ 105.00$ 210.00$ -$ -$ -$ 7 Deck Coating: applied to floor of Chemical Feed Room, refer to specification 07181 of the BillerReinhart Project Manual LS 1 6,275.00$6,275.00$ 6,275.00$ -$ -$ -$ 8 Paint: at underside of Chemical Feed Room floor slab and additional overhead concrete repair areas, refer to specification 9900 of the BillerReinhart Project Manual LS 1 800.00$ 800.00$ 800.00$ -$ -$ -$ 9 All Other Work Not Included in Line Items 1, 2, 3, 4, 5 6, 7, and 8 to Repair the East RDT Floor Slab LS 1 2,500.00$2,500.00$ 8,955.00$ 11,455.00$ -$ -$ -$ 14 Full depth concrete repairs due to severity of existing corrosion CF 70 465.00$ 32,550.00$ 32,550.00$ -$ 15 Removal and replacement of unsound stucco at CMU wall SF 215 26.00$ 5,590.00$ 5,590.00$ -$ 16 Epoxy Injection Concrete Crack Repair LF 10 45.00$ 450.00$ 450.00$ -$ Printed : 5/21/2020 Page 2 of 9 East WRF RDT Building Repair (18-0016-UT)Draw 1 Date Item No. Description Units Qty. Unit Price Contract Price Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 17 Structure Stabilization LS 1 ########17,455.00$ 17,455.00$ -$ 18 Installation of #5 Rebar LF 1000 9.00$ 9,000.00$ 9,000.00$ -$ Subtotal 53,650.00$ 72,145.00$ 125,795.00$ -$ -$ -$ 10 10% Contingency LS 1 5,365.00$5,365.00$ 5,365.00$ -$ -$ -$ Total Contract 59,015.00$ 72,145.00$ 131,160.00$ -$ -$ -$ Printed : 5/21/2020 Page 3 of 9 East WRF RDT Building Repair (18-0016-UT)Draw 1 Date Item No. Description Units Qty. Unit Price Contract Price Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Alternate Items Based on Unit Price Only 11 Installation of #5 steel reinforcing in concrete repair$/LF 5 9.00$ 45.00$ 45.00$ -$ -$ -$ 12 Labor Cost $/HR 5 55.00$ 275.00$ 275.00$ -$ -$ -$ 13 Material Cost %5 20.00$ 100.00$ 100.00$ -$ -$ -$ Total Alternate 420.00$ -$ 420.00$ -$ -$ -$ Subtotal 54,070.00$ 72,145.00$ 126,215.00$ -$ -$ -$ Total Contingency 5,365.00$ -$ 5,365.00$ -$ -$ -$ Total Contract 59,435.00$ 72,145.00$ 131,580.00$ -$ -$ -$ Description of Items Paid by Contingency 5,365.00$ $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Contingency -$ -$ -$ Total Contract $ 131,580.00 $ - $ - EARNED -$ RETAINAGE -$ INVOICE AMOUNT -$ Printed : 5/21/2020 Page 4 of 9 Remaining Balance Per Cent Com 19,275.00$ 3,135.00$ 9,000.00$ 9,000.00$ 1,600.00$ 210.00$ 6,275.00$ 800.00$ 11,455.00$ 32,550.00$ 5,590.00$ 450.00$ Printed : 5/21/2020 Page 5 of 9 Remaining Balance Per Cent Com 17,455.00$ 9,000.00$ 60,750.00$ 5,365.00$ 66,115.00$ Printed : 5/21/2020 Page 6 of 9 Remaining Balance Per Cent Com 45.00$ 275.00$ 100.00$ 420.00$ 61,170.00$ 5,365.00$ 66,535.00$ $5,365.00 $ 66,535.00 Printed : 5/21/2020 Page 7 of 9 Change Order 1 DATE: May 20, 2020 PROJECT: PROJECT NUMBER:18-0016-UT East WRF RDT Building Repair PO REFERENCE: 20000694 CONTRACTOR: Paramount Painting & Services Inc.DATE OF CONTRACT:January 15, 2020 4613 N. Hesperides St Tampa, FL 33614-6911 CODE:3277327-546700-M1907 SCOPE OF CHANGE: This Change Order Accepts Revisions to the Contract STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Paramount Painting & Services Inc ORIGINAL CONTRACT AMOUNT 59,435.00$ 72,145.00$ By: (SEAL) NEW CONTRACT AMOUNT 131,580.00$ Jeff Heim,President Date: Frank Hibbard, Mayor Witnesses: APPROVED AS TO FORM: Owen Kohler,Assistant City Attorney ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Ivan Dimitrov, Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Tara Kivett, PE,City Engineer due to accelerated structual deterioration from prebid to Notice to Proceed - see attached. Admin Change Order 1 - City Council 6/4/2020 Page 2 of 2: Change Order 1 East WRF RDT Building Repair ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Decreases: 4 Overhead Concrete Repair: delaminated areas, spalls, and exposed reinforcement at 2nd floor underside, including adjacent beams where necessary CF 10 450.00$ (4,500.00)$ Total (decreases):(4,500.00)$ Increases: 3 Horizontal Concrete Repair: delaminated areas, spalls, and exposed reinforcement ar 2nd floor slab surface CF 4 375.00$ 1,500.00$ 5 Vertical Concrete Crack Repair: at the walls of the Chemical Feed Room via route and seal, refer to specification 07920 of the BillerReinhart Project Manual FT 130 8.00$ 1,040.00$ 6 Horizontal Concrete Crack Repair: in floor slab, refer to specification 07920 of the BillerReinhart Project Manual FT 15 7.00$ 105.00$ 9 All Other Work Not Included in Line Items 1, 2, 3, 4, 5 6, 7, and 8 to Repair the East RDT Floor Slab LS 3.582 2,500.00$ 8,955.00$ 11 Installation of #5 Rebar LF 1000 9.00$ 9,000.00$ Total Increases: 20,600.00$ Additions: 14 Full depth concrete repairs due to severity of existing corrosion CF 70 465.00$ 32,550.00$ 15 Removal and replacement of unsound stucco at CMU wall SF 215 26.00$ 5,590.00$ 16 Epoxy Injection Concrete Crack Repair LF 10 45.00$ 450.00$ 17 Structure Stabilization LS 1 17,455.00$ 17,455.00$ Total Additions Code:56,045.00$ Total Net (Decreases)/Increases/Additions Code:72,145.00$ DREW ST BAYV I EW AV E GULF-TO-BAY BLVD BAYSI DE BRG BAY LN C R 3 1 N BAYSHORE BLVD DOWNING ST JOHNS PKWY CHAMBLEE LN K ST S McMULLEN BOOTH RD N McMULLEN BOOTH RD BORDEAUX LN COURTNEY CAMPBELL CSWY S BAYSHORE BLVD CALAIS LN CAROLINA AVE CLEVELAND ST BAY LN LOCATION MAP PROJECTLOCATION ^ Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\18-0016-UT.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: East WRF RDT Building RepairProject# 18-0016-UT Page: 1 of 15/21/2020Date:301AGrid #:20-29s-16eS-T-R:WDMap Gen By:IDReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-27 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Approve the correction of a scrivener’s error in that certain resolution adopted on May 21, 2020, which accepted a utility easement from Florida Spine Properties, LLC, changing the resolution mistakenly labeled as number 20-07 to Resolution 20-08, and adopt Resolution 20-27. SUMMARY: Resolution 20-27 corrects a scrivener's error in the resolution adopted as Resolution 20-07 at the May 21, 2020 council meeting to accept a utility easement from Florida Spine Properties, LLC. Resolution 20-27 changes the adopted resolution from Resolution 20-07 to Resolution 20-08. Page 1 City of Clearwater Printed on 5/29/2020 Resolution No. 20-27 RESOLUTION NO. 20-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA CORRECTING A SCRIVENER’S ERROR IN THE RESOLUTION NUMBERED 20-07, ADOPTED ON MAY 21, 2020, CHANGING THE RESOLUTION NUMBER TO RESOLUTION 20-08; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater City Council adopted a resolution on May 21, 2020, accepting a utility easement from FLORIDA SPINE PROPERTIES, LLC (“FLORIDA SPINE”) for the construction, installation, and maintenance of certain utility facilities; and WHEREAS, the Resolution was mistakenly labeled as number 20-07, which was formerly adopted by the Council on February 6, 2020; and WHEREAS, the proper resolution number for the May 21, 2020 acceptance of the FLORIDA SPINE easement is Resolution No. 20-08; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to correct the scrivener’s error by changing the May 21, 2020 acceptance of easement resolution to 20-08; 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 corrects the scrivener’s error in the resolution accepting the FLORIDA SPINE utility easement on May 21, 2020 from Resolution 20-07 to Resolution 20-08, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-27. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Resolution No. 20-08 RESOLUTION NO. 20-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM FLORIDA SPINE PROPERTIES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from FLORIDA SPINE PROPERTIES, LLC for the construction, installation, and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; 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 accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-08 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-08 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7774 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve Joint Participation Agreement (JPA) G1K66 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), adopt Resolution 20-23, authorize a transfer from Airpark Fund reserves of $6,403.60, and authorize the appropriate officials to execute same. (consent) SUMMARY: FDOT JPA Agreement G1K66 provides 80% grant funding for the Clearwater Airpark Vehicle Replacement Project, with Airpark Reserves providing a 20% match. This agreement provides for the purchase of a vehicle and associated accessories to replace a 2008 pickup truck. The project cost is $32,018.00 with FDOT contributing $25,614.40, Airpark Fund providing a $6,403.60 match. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish Capital Improvement project G2012, Clearwater Airpark Vehicle Replacement, recognizing a budget increase of $25,614.40 in FDOT grant revenues and a transfer of Airpark Fund reserves of $6,403.60 to provide required matching funds. USE OF RESERVE FUNDS: Funding for the City’s portion of this agreement will be provided by mid-year budget amendment allocating Airpark Fund reserves in the amount of $6,403.60 to capital improvement project G2012, Clearwater Airpark Vehicle Replacement. The remaining balance of Airpark Fund reserves after 25% working capital reserves is approximately $544,170 or 85% of the current Airpark Fund operating budget. Page 1 City of Clearwater Printed on 5/29/2020 1 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 447218-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G1K66 Federal Award Date: N/A CFDA Number: N/A Agency DUNS Number: 078307303 CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Vehicle Replacement, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): 2 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2023. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: 3 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 a. The estimated total cost of the Project is $32,018. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $25,615 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. 4 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 5 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 6 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 7 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 8 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 9 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 10 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 11 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 12 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 13 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department’s 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 the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s 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 the contractor/consultant and 14 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad 15 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an 17 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Purchase vehicle for ground operations including pulling fueling trailer for fueling operations, ground maintenance operations, and security operations. This grant will be used for the purchase of this vehicle as well as purchasing aftermarket accessories including aviation transceiver, wire harness, amber light bar, and other peripheral equipment necessary for the functioning of the airport. We currently are utilizing a 2008 Ford Ranger that is past its useful life. The new vehicle will have 4-wheel drive capabilities for hauling equipment, pulling trailers, and perimeter fence inspections. The vehicle will be equipped with aviation transceiver, 4-way amber flashers, and a wire harness for fuel tote operations B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, purchase, delivery, testing, and commissioning of said equipment. Site preparation (earthwork, electrical, mechanical, and utilities) is to be included in the cost of equipment purchase and delivery. It includes all materials, equipment, labor, and incidentals to purchase, install and commission a new piece of equipment. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): A new vehicle. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 18 of 37 19 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 447218-1-94-01 447218-1-94-01 DPTO LF 088719 088719 2020 2020 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $25,615 $6,403 Total Financial Assistance $32,018 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0 $0 $0 $0 0.00 0.00 0.00 Planning $0 $0 $0 $0 0.00 0.00 0.00 Environmental/Design/Construction $0 $0 $0 $0 0.00 0.00 0.00 Capital Equipment $25,615 $6,403 $0 $32,018 80.00 20.00 0.00 Match to Direct Federal Funding $0 $0 $0 $0 0.00 0.00 0.00 Mobility Management (Transit Only) $0 $0 $0 $0 0.00 0.00 0.00 Totals $25,615 $6,403 $0 $32,018 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Mike Brown Department Grant Manager Name Signature Date 20 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Mike Brown (email: michael.brown@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. 21 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Public Information Officer (PIO). e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or 22 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, 23 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: (813)975-6060 Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. 24 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: 25 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 26 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.)  Chapter 163, F.S., Intergovernmental Programs  Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens  Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports  Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce  Chapter 332, F.S., Airports and Other Air Navigation Facilities  Chapter 333, F.S., Airport Zoning 27 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 b. Florida Administrative Code (FAC)  Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments  Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection  Section 62-256.300, FAC, Open Burning, Prohibitions  Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements  Airport Zoning Ordinance  Local Comprehensive Plan d. Department Requirements  Eight Steps of Building a New Airport  Florida Airport Revenue Use Guide  Florida Aviation Project Handbook  Guidebook for Airport Master Planning  Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements  FAA AC 70/7460-1, Obstruction Marking and Lighting  FAA AC 150/5300-13, Airport Design  FAA AC 150/5370-2, Operational Safety on Airports During Construction  FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements  Local Building Codes  Local Zoning Codes c. Department Requirements  Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”)  Manual on Uniform Traffic Control Devices  Section 14-60.007, FAC, Airfield Standards for Licensed Airports  Standard Specifications for Construction of General Aviation Airports  Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements  Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970  National Environmental Policy of 1969  FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects  FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements  Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)  Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)  Section 286.23, F.S., Public Business: Miscellaneous Provisions 28 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. 29 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. 30 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 31 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency 32 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). 33 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. 34 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 35 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - 36 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 37 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 02/20 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $25,615 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1K66 3/19/2020 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 3/19/2020 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$25,615.00 Financial Project:44721819401 Work Activity (FCT):215 CFDA: Fiscal Year:2020 Budget Entity:55100100 Category/Category Year:088719/20 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$25,615.00 Contract:G1K66 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:03/18/2020 Ending Date of This Agreement:06/30/2023 Contract Total/Budgetary Ceiling:ct = $25,615.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Vehicle Replacement Page1 of 1 To: Michael.Brown@dot.state.fl.us RESOLUTION NO. 20-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR CLEARWATER AIRPARK VEHICLE REPLACEMENT AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding for vehicle replacement at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 447218-1-94-01, Grant Contract No.: G1K66 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the above Agreement between the City and the State of Florida Department of Transportation, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. 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 Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7767 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Declare surplus and authorize disposition of identified vehicles and equipment via auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.622, Surplus Personal Property, and authorize the appropriate officials to execute same. (consent) SUMMARY: G1319 is a generator that was turned into Fleet. This generator is obsolete, worn out and will not be replaced. G3816 is a rescue unit that was turned into Fleet. This vehicle was kept as a reserve unit and is no longer needed. G3459 (Ford F150) was wrecked on March 10, 2020 and deemed a total loss by the Risk Management Division. The amount to be reimbursed by Risk is $8,331.00. The Resource Management Committee approved replacement of G3459 and its prospective replacement has already been ordered. G2787 G3039 G3277 G3278 G3618 were authorized by City Council to be returned to service on November 15, 2018 on Agenda Item # 18-5371 due to the transfer station being built and Solid Waste needing to temporarily direct haul to Pinellas County waste-to-energy plant. The transfer station build has been completed and the vehicles are no longer needed. G3277 had a catastrophic engine failure which was too costly to repair; and was sold at auction February 9, 2019. City Council authorization for surplus is required in accordance with Code Section 2.622 when the sale of common bulk items is estimated to exceed $5,000. APPROPRIATION CODE AND AMOUNT: 566-00000-364413- Surplus Vehicles Page 1 City of Clearwater Printed on 5/29/2020 ITEM #ASSET G#ASSET ID NUMBER YEAR DESCRIPTION MILEAGE or HOURS REASON FOR SURPLUS/DISPOSAL REPLACED BY 1 G1319 1890268617 1990 Cummins 200KW Generator 433 Turned in for disposal by department no replacement 2 G3816 3FRNF6GD0AV275069 2010 Ford F650 Medtec Rescue 64,592 Turned in for disposal by department no replacement 3 G3459 1FTRX12W68KC86902 2008 Ford F150 Ext Pick UP 70,682 Wrecked 03/10/2020 G5013 4 G3618 3BPZL00X79F719501 2009 Peterbilt Front End Loader 94,195 Turned in for disposal by department no replacement 5 G2787 2FZHAZAS83AM05037 2003 Sterling LT9500 Roll-Off 298,597 Turned in for disposal by department no replacement 6 G3278 2NKDLUOX57M164241 2007 Kenworth T8000 Roll-Off 283,537 Turned in for disposal by department no replacement 7 G3039 1NPZLT0X94D715508 2004 Peterbilt 320 Roll-Off 168,121 Turned in for disposal by department no replacement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7761 Agenda Date: 6/1/2020 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Authorize a Purchase Order with Hach Company, for the purchase of Laboratory Equipment, Supplies, and Materials in the amount not to exceed $150,000 for the period of June 6, 2020 through June 13, 2021, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and, authorize the appropriate officials to execute same. (consent) SUMMARY: Hach Company provides a reliable source for laboratory equipment, supplies and materials used by Public Utilities. The items available include a wide variety of testing and repair equipment and supplies including supplies, electrical hand tools, hardware, laboratory equipment and parts, etc. This contract will allow the City to benefit from previously established competitive prices and discounts for various items as required. Piggyback Contract: Lee County Contract #B170418GWT - expires June 13, 2021. Public Utilities- $150,000 APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers to cover the cost of the contract for FY20. Funding for the period in fiscal years FY21 will be requested with in contract calendar and spending limits. Page 1 City of Clearwater Printed on 5/29/2020 P.O. Box 398, Fort Myers, Florida 33902-0398 Phone: (239) 533-2111 www.leegov.com AN EQUAL OPPORTUNITY EMPLOYER February 24, 2020 Ms. Roxanna Starika Hach Company 5600 Lindbergh Drive Loveland, CO 80539 SUBJECT: Renewal of Annual Contract No. B170418GWT Laboratory Equipment, Supplies and Materials Dear Ms. Starika: This is to inform you that Lee County agrees to renew the above subject contract for an additional one (1) year period, from 6/14/2020 through 6/13/2021. We are hereby extending the annual contract for an additional one year period under the same terms and conditions as the original award. If you have any questions regarding this letter, please contact me at (239) 533-8871. Sincerely, Kimberly Urban Kimberly Urban Contracts Analyst Procurement Management Division C: Project File John E. Manning District One Cecil L. Pendergrass District Two Ray Sandelli District Three Brian Hamman District Four Frank Mann District Five Roger Desjarlais County Manager Richard Wesch County Attorney Donna Marie Collins County Hearing Examiner Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7828 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint one member to the Audit Committee as a citizen representative with term a to expire May 31, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Audit Committee APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None TERM: 5 years MEMBERS: 5 CHAIRPERSON: MEETING DATES: As required APPOINTMENTS NEEDED: 1 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION FOR ONE MEMBER TO SERVE ON THE AUDIT COMMITTEE AS A CITIZEN REPRESENTATIVE WITH TERM TO EXPIRE 5/31/2025: 1. Lisa Burley - 1520 Gulf Blvd., #1204, 33767 - Budget/Financial Management Analyst 2. Rick Foxx - 1129 Charles St., 33755 - Real Estate Broker 3. David Jaye - 2856 Shady Oak Ct., 33761 4. Peter Kohut - 240 Windward Passage, Unit 105, 33767 - Civil Engineer Zip codes of current members on board: 1 - 33755 2 - 33756 1 - 33767 Page 1 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9372-20 2nd rdg Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9372-20 on second reading, annexing certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Ordinance No. 9372-20 ORDINANCE NO. 9372-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to an Interlocal Service Boundary Agreement authorized by Part II of Chapter 171, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A (ANX2020-01001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9372-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ANNEXATION Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD CHERRY LN CLEVELAND ST FEATHERWOOD CT OYSTER BAYOU WAY S McMULLEN BOOTH RD SEAGRAPE CI R ESTUARY TRL BAY LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/21/2020 LOCATION MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY CHERRY LN CHERRY LN OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 2/21/2020 AERIAL PHOTOGRAPH Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Institutional Institutional ANX2020-01001 Randall Eyermann & Danielle Marie Eyermann 25 S. McMullen Booth Road View looking north at subject property, 25 S. McMullen Booth Rd. West of subject property East of subject property South of subject property, across Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9373-20 2nd rdg Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9373-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Ordinance No. 9373-20 ORDINANCE NO. 9373-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description. Residential Urban (RU) (ANX2020-01001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9372-20. Ordinance No. 9373-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20II I RU RU I RLM RU I JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 30873107310131063076307831233109311531193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 3107306031053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD CHERRY LN CLEVELAND ST FEATHERWOOD CT OYSTER BAYOU WAY S McMULLEN BOOTH RD SEAGRAPE CI R ESTUARY TRL BAY LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/21/2020 LOCATION MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY CHERRY LN CHERRY LN OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 2/21/2020 AERIAL PHOTOGRAPH Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Institutional Institutional ANX2020-01001 Randall Eyermann & Danielle Marie Eyermann 25 S. McMullen Booth Road View looking north at subject property, 25 S. McMullen Booth Rd. West of subject property East of subject property South of subject property, across Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9374-20 2nd rdg Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9374-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Ordinance No. 9374-20 ORDINANCE NO. 9374-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9372-20. Property Zoning District See attached Exhibit A for Legal Description. Low Medium Density Residential (LMDR) (ANX2020-01001) Ordinance No. 9374-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD I I LMDR MHP 11 120 116 123 150 3087310731013106307630783123310931153060311930593065310831113085LMDR LMDR 25 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ZONING MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD CHERRY LN CLEVELAND ST FEATHERWOOD CT OYSTER BAYOU WAY S McMULLEN BOOTH RD SEAGRAPE CI R ESTUARY TRL BAY LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/21/2020 LOCATION MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY CHERRY LN CHERRY LN OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 2/21/2020 AERIAL PHOTOGRAPH Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Institutional Institutional ANX2020-01001 Randall Eyermann & Danielle Marie Eyermann 25 S. McMullen Booth Road View looking north at subject property, 25 S. McMullen Booth Rd. West of subject property East of subject property South of subject property, across Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7827 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-28. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Resolution No. 20-28 RESOLUTION NO. 20-28 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS – JUNE 4, 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. 20-28 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. 20-28 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, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, as of June 4, 2020, _____ Florida residents (_____ total cases in Florida including non-residents), including _____ in Hillsborough County (including _____ deaths), _____ in Manatee County (including _____ deaths), _____ in Pasco County (including 8 deaths), _____ in Pinellas County (including _____ 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 Resolution No. 20-28 WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The May 27, 2020 state of emergency proclamation is hereby confirmed. Section 2. The June 3, 2020 state of emergency proclamation is hereby confirmed. Section 3. The Emergency Management Director’s action on _______, 2020 requiring members of the public accessing City of Clearwater buildings to wear a mask, is hereby confirmed. Section 4. 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 4th day of June, 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#20-7820 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: CNC COVID-19 Recommendations SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 MEMO: To: Mayor Hibbard, Bill Horne and City Council members From: COVID-19 Task Force of the CNC Re: How has the city planned for safety of residents in the Post Covid-19 Recovery Process? (See the letter and the table below.) The COVID-19 virus is a highly contagious, potentially life threatening pandemic that is not fully understood by scientists and medical professionals at this time. For example, we do not know with any degree of certainty who is infected and a carrier of the disease (no test with any impressive degree of certainty exists yet); whether recovery from the disease creates immunity; and all the ways in which the disease can be transmitted. The disease has already had a catastrophic impact on our community, with implications for individuals, health, nonprofit and city sponsored programs, and local businesses. To deal with this emergency, cities, counties and states have enacted a variety of measures, some requiring mandatory, temporary closures of businesses and services. At individual levels, voluntary compliance has been incorporated into emergency plans. We believe that a viable plan for recovery needs to be holistic, i.e., including consideration for the health and safety of residents and the organizations that serve them, as well as businesses It is our belief that reopenings should be phased, gradual and in compliance with the recommendations of the CDC. The concern is that a second wave could soon occur if people falsely believe that things are safe. This would only delay the final reopening of businesses, not to mention the effects that death and illness will have on our community. We depend upon and support local businesses, but the safety of residents needs to be carefully weighed as well. The purpose of this citizens’ committee has been to survey residents to determine what needs to be done to effect a successful, safe recovery. We ask the city and the county to review the attached list of recovery issues and to consider these concerns in their planning. We also ask you to please consider the need for public confidence in our leaders as those who are responsible for our safety. Additionally, we welcome ideas as to how neighborhoods can assist in this recovery process, and we are actively working on this in our own next phase of planning. Attached is an email detailing our concerns and recommendations we have for dealing with them. We appreciate your attention to these issues. Thank you for your consideration. Attachment: Recommendations for the City’s meeting with Pinellas County Commissioners. Background: It is accepted that recovery from the closures associated with COVID-19 needs to occur as soon as possible. It is also accepted that hasty recovery, and/or an ill planned recovery is likely to result in a resurgence of the virus and setbacks on restrictions and business openings. AMPLIFY, as representatives of the business community, has been called upon to create a plan for business reopenings. It is assumed that input will be used by the Clearwater City Council to develop its recovery plan. The Clearwater Neighborhood Coalition (CNC), the only citizens’ organization of its type in this community, was asked by its president to assist the Council in planning for residents’ health and safety during recovery period. Toward this end, a committee was formed, open to CNC members and others. The committee held three, lengthy, online meetings via Zoom. Committee members, including CNC members and others, were instructed to obtain input from their neighbors and other acquaintances. The table below represents the results of this effort. A List of Recovery Concerns Pertaining to the Health and Safety of Clearwater Residents Category Problem description Solutions to be considered: Coordinate with: (examples) 1. Voluntary compliance practices for disease control Long-term awareness and preventive measures (without resorting to fines or penalties} will need to be sustained throughout both emergency and recovery periods. Ensure transparency and frequent communication of facts for achieving public compliance and necessary funding. Provide frequent public reminders to wear masks, practice distancing, etc., distributed through a variety of formats including signage, advertising, newsletters, postcards, utility bills, electronic message boards, etc.; publicize on county and city websites; appoint a COVOD-19 Czar. County and City; Current CDC recommendations; Medical professionals, all media networks, including electronic 2. Employment assistance and employee safety practices There is no indication as to when or which jobs will be reopened. Many families will not be able to afford their basic needs; Infected, workers may be forced by economics to return to work too early, possibly reigniting high infection rates; high stress may result in a variety of social problems. City and County officials need to work with the Florida governor and legislators to eliminate problems filing claims and processing unemployment payments; provide job search facilities, including online, located in libraries and public buildings (include part time and temporary jobs in these listings); support the development of job training and apprenticeship programs. Achieve cooperation with employers to develop and enforce “COVID-19 healthy workplace” programs and policies to be enforced by employers County, Governor and legislators; state employment offices, health departments, adult education programs 3 Health, medical This disease can go undetected permitting individuals to infect others. Testing, while currently inadequate, should be a prerequisite for recovery. Provide testing centers to be locally available, well-publicized, and open before and after work hours; work with the state to identify and purchase dependable tests that can be quickly analyzed and reported; use drive-up test sites wherever possible. State of Florida and County healthcare providers including Baycare, etc. Develop COVID-19 safety standards specific to restaurants, hotels, tourist attractions, etc. Examples include provisions for placement of tables, social distancing, signage that applies to people with a fever or disease symptoms, etc. ; hire additional health inspectors to ensure compliance with these standards; provide incentives for business to comply (They may be given a safety certificate to be displayed in their place of business and on their web pages.} 4 Reopening of the beach and tourist businesses As a world class venue, beach visitors can bring infection to residents. Delay reopening until the disease has shown significant downward trend sustained for 14 days, as per CDC guidelines; create plans and regulations for beach visitors that focus on the avoidance of disease transmission; plan reopening to be phased and gradual, rather than total; define and enforce policies for restaurants, hotels and tourist related businesses for reducing the incidence of COVID- 19 transmission.(See # 3) City, County, CNC, Clearwater Beach neighborhood HOAs, merchant associations 5 Counseling Mental health problems, including depression, anxiety and domestic issues, have increased Ensure that hotlines and agencies are adequately staffed and publicized; provide specialized counseling resources to support healthcare professionals, police and first responders; recruit assistance from volunteer therapists. (NYC did this.); publicize where people can get help. 2-1-1, Suicide Prevention Hotline, The Haven, police and first responders, mental health counselors as volunteers 6 Children Closed schools may leave children without care and supervision as parents return to work. Daycare for infants and programs for older children can be too expensive for many parents. Recreation programs will be essential for older children. Provide additional funding for programs and create partnerships with businesses to subsidize the cost of these programs; hire additional health inspectors and social service personnel during this period. Juvenile Welfare Board; Pinellas County Schools; YMCA, healthcare and Mental health organizations that treat children; police departments; City recreation departments. Employers 7 Elderly, disabled Many elderly live alone. Elderly are the most vulnerable population. Continue to monitor nursing homes and rehab centers; encourage these institutions to provide electronic Area Agency on Aging; Senior Services, Hospice; audio/video communication between patients and families, encourage train volunteers to do “welfare checks” on people living alone (similar to the “Neighborhood Watch” program.) volunteer groups and neighborhood organizations, media 8 Minority and other special needs groups Low income, homeless, and racial minorities have been particularly vulnerable to COVID-19 Communication difficulties may prevent some groups from knowing safe practices and recognizing early symptoms Provide COVID-19 information in a variety of formats, languages and venues to connect with ethnic and disabled populations; distribute to neighborhood venues; print information in Spanish and braille; make information easily available online. Community centers, churches and service centers for people with disabilities. 9 Census If interpersonal contact is not practical and safe for collecting census data, the result can be under reporting and loss of federal funding. Encourage people to complete the census online and provide computer access at libraries and other venues to computers dedicated to census collection. Libraries and other public venues 10 Voting Some people may fail to vote due to fear of infection. Long lines will result in people leaving without voting. Provide additional voting sites to avoid long lines; publicize the option to vote by mail or to vote early; hire additional staff to clean voting machines between users League of Women Voters, Supervisor of Elections Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7815 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Beachwalk Infrastructure - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7829 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Continue Citizen Phone Call-ins - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7830 Agenda Date: 6/1/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: Free Parking in front of the Downtown Post Office - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/29/2020