09/14/2020 Council Work Session Meeting Minutes September 14, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, September 14, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes September 14, 2020
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, September 14, 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.
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton, Councilmember
Hoyt Hamilton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy
City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 10:38 a.m. via communications media
Technology.
2. Office of Management and Budget
2.1 Adopt Ordinance 9407-20 on second reading, declaring the millage rate to be levied for
the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, for
operating purposes including the funding of pensions, debt service, and road
maintenance for capital improvement expenditures at 5.9550 mills.
2.2 Adopt Ordinance 9408-20 on second reading, adopting an Operating Budget for the
Fiscal Year beginning October 1, 2020 and ending September 30, 2021, authorizing the
City Manager to issue such instructions that are necessary to achieve and accomplish the
service programs so authorized; authorizing the City Manager to transfer monies and
programs among the departments and activities within any fund as provided by Chapter 2
of the Clearwater Code of Ordinances.
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2.3 Adopt Ordinance 9409-20 on second reading, adopting the Capital Improvement
Program Budget for the Fiscal Year beginning October 1, 2020 and ending September
30, 2021; approving the six-year Capital Improvement Program, which shall be
reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue
such instructions that are necessary to achieve and accomplish the capital improvements
so authorized; authorizing the City Manager to transfer money between programs in the
Capital Improvement Program; and appropriating available and anticipated resources for
the projects identified.
2.4 Amend the City's fiscal year 2019/20 operating and capital improvement budgets at third
quarter and pass Ordinances 9410-20 and 9411-20 on first reading.
The fiscal year 2019/20 operating and capital improvement budgets were
adopted in September 2019 by ordinances 9323-19 and 9324-19. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects.
In response to questions, Budget Manager Kayleen Kastel said the third
quarter report is a projection as the audit process is completed in January.
Staff does not expect a swing, there could be savings in expenditures.
Regarding the gas fund, inventory is related to demand. The City Attorney
said staff is reviewing the impact fee related to open space and working with
a consultant on potential revisions.
The Council recessed from 10:57 a.m. to 11:08 a.m.
3. Economic Development and Housing
3.1 Appoint eleven members to the Affordable Housing Advisory Committee, to include the
appointment of a locally elected official, and adopt Resolution 20-50.
Florida Statute Section 420.9076 states that counties and cities receiving State
Housing Initiatives Partnership (SHIP) program funds are required to establish
annually an Affordable Housing Advisory Committee (AHAC) and prepare a
Local Housing Incentive Strategy (LHIS). The statute further provides that the
committee be made up of eleven (11) members and that the City appoint the
eleven members by resolution. The eleven members must represent a specific
industry or a specific group.
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The required groups and recommended individuals are listed below:
• Banking industry/mortgage: Linda Kemp
• Area of labor engaged in home building: Gaby Camacho
• Advocate for low-income person: Peter Scalia
• Not-for-profit provider of affordable housing: Kevin Chinault
• Real estate professional engaged in affordable housing: Peggy Cutkomp
• Employers representative: Camille Hebting
• Clearwater resident: Carmen Santiago
• Member of the local planning agency: Michael Boutzoukas
• Essential Services representative: Jacqueline Rivera
• Residential home building: Pierre Cournoyer
• Locally elected official: TO BE DETERMINED BY CITY COUNCIL
The duties of the Affordable Housing Advisory Committee shall include
reviewing policies and procedures, ordinances, land development regulations
and the City's adopted comprehensive plan and shall recommend specific
actions or initiatives to encourage or facilitate affordable housing while
protecting the ability of the property to appreciate in value.
The LHIS must be submitted to City Council by December 31, 2020, and will
encompass the definition, vision, strategic focus areas, and action plan
(including potential amendments to procedures and existing regulations) in
order to facilitate the development of affordable housing in the City.
There was council consensus to appoint Councilmember Beckman as the
local elected official.
4. Finance
4.1 Approve the purchase of excess liability, excess workers compensation and numerous
specialty insurance policies, from October 1, 2020 through September 30, 2021, at an
amount not to exceed $1,000,000 and authorize the appropriate officials to execute
same. (consent)
The Risk Management Division of the Finance Department purchases certain
excess and specialty insurance policies through the efforts of the City's
insurance broker, Arthur J. Gallagher and Company.
These policies include an excess liability package through Lloyds's of London
for coverages including General Liability, Automobile Liability, Employee
Benefits Liability, Errors and Omissions Liability, Personal Injury Law
Enforcement Liability, Marine Operator's Liability, EMS Liability, and
Compressed Natural Gas Liability; an excess workers compensation package
through Safety National for coverages including Workers Compensation and
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Employer Liability; and additional excess policies for Third Party Storage Tank
Liability, Hull Protection and Indemnity, Cyber Liability and numerous flood
policies.
This year's renewal ends our two-year rate guarantee agreement with Brit, who
is the City's liability carrier. Brit was unable to provide another multi-year rate
guarantee this renewal; however, this is typical of the current market conditions.
Brit also reduced our overall limit from $7 million per occurrence/$14 million
aggregate to $5 million per occurrence/$10 million aggregate. Due to our
favorable claims' history, our renewal premium is $291,463, which is an
increase of less than 1% over last year.
For the workers compensation excess policy, the City's had a three-year rate
agreement, which was to extend from October 1, 2018 through October 1,
2021. However, due to a recent severe injury claim which has the potential to
incur a value that exceeds the City's $600,000 self-insured retention (SIR), the
carrier Safety National was unable to honor the final year of the rate guarantee,
as the policy includes a condition stating any new claim during the current policy
term cannot exceed more than 50% of the City's SIR. As a result, Safety
increased the City's workers compensation rate by 7.34%. After adding in the
City' 3.41% increase in payroll, the renewal resulted in an overall premium
increase of 12.11%, bringing our premium for this coverage to $375,341.25.
Risk Management is also estimating an increase of 15% for renewals of the
additional excess and flood policies.
This request includes a contingency of$23,063.75 to accommodate any
unforeseen increases.
The total requested not-to-exceed amount of$1,000,000 reflects an 11.11%
increase over the fiscal 2019 budget of$900,000.
APPROPRIATION CODE AND AMOUNT:
5907590-545100 $1,000,000
5. Human Resources
5.1 Authorize the funding of city paid life insurance and long-term disability benefits for the
Administration Management Services Agreement with Unum Life Insurance Company of
America, with a 0% increase, in the amount of$808,000 for the period January 2021
through December 2022 and authorize the appropriate officials to execute same.
(consent)
The City currently provides life insurance to all full-time employees and provides
long-term disability to those employees who do not participate in the City
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Pension Plan. The coverage will stay with the current carrier (Unum), with no
increase for 2021 and 2022.
The coverage is as follows:
• CWA Life in an amount equivalent to 1 '/2 times the employee's annual base
salary not to exceed $50,000.
• SAMP Life in an amount equivalent to 1 times the employee's annual base
salary.
• Voluntary SAMP Supplemental Life in incremental amounts of$50,000, not to
exceed $500,000 with premium payroll- deducted from the employee's salary.
• Basic Life insurance in the amount of$2,500 for all employees except CWA.
• Basic Life insurance in the amount of$1,000 for grandfathered retirees.
• Long Term Disability Insurance for those employees who do not participate in
the City Pension Plan.
APPROPRIATION CODE AND AMOUNT: Funds are available in the Central
Insurance Fund code 590759-545500(Insurance Premium-Life) and
5907590-545700 (Insurance Premium- Disability) to fund this contract.
Funding will be included in the fiscal year 2021/22 budget for the final year of the
contract.
6. Parks and Recreation
6.1 Authorize award of Invitation to Bid 37-20, Tree Assessment and Inventory Survey, to
E-Sciences, Inc., in the annual amount of$30,000 for a period of five years beginning
September 2020 through October 2025 for a total not-to-exceed amount of$150,000 and
authorize the appropriate officials to execute same. (consent)
On July 13, 2020, Invitation to Bid (ITB) #37-20 for Tree Assessment/Inventory
Survey was issued. The goal of the assessment and inventory is to determine
the age, species, health, and geographic distribution of hardwood trees in the
City of Clearwater Rights of Way (ROW).
The assessment/inventory will be conducted by surveying approximately 3,000
hardwood trees per year. The City has been divided into five zones so that one
zone per year will be surveyed. The first zone to be surveyed will be one of the
oldest areas of Clearwater which includes Harbor Oaks, Morton Plant, Lake
Belleview, and Neighborhoods South of Court Street.
The contractor will assess all hardwood trees within the City ROW with a
diameter at breast height (DBH) of 6 inches or greater. Palm trees will not be
surveyed.
Data to be collected will include location, tree tagging, species, size, and
condition rating for all trees. Field observation will be required for all trees
receiving a condition rating of zero to two (0-2). Field observation will document
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any wildlife present, overhead utilities, bees, etc.
The results of the survey will be used to determine the scope and budget
necessary for tree removal and replacement services for all trees receiving a
condition rating of zero to two (0-2).
The City received four qualified bids with E-Sciences, Inc. submitting the lowest
and most responsive bid according to the bid specifications.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract will come from CIP M2006 "Right of Way Tree
Management Program".
In response to a question, Landscape manager Matt Anderson said Urban
Forestry is comprised of 8 employees who are certified arborists. The
Department inspects trees in city parks and identifies those that need to be
replaced due to disease or poor health.
6.2 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of
Clearwater for funding youth programs and approve a first quarter budget amendment of
$394,095 in special program G2107, JWB Youth Programming and authorize the
appropriate officials to execute same. (consent)
Since 2000, the City has received annual funding from JWB Children's Services
Council to provide after school and summer programming for youth in
Clearwater. Once again, the City has been awarded funding for youth
programming for Fiscal Year 2020/21 from JWB.
The budget is based on serving 200 children in the program over the course of
the year at the North Greenwood and Ross Norton recreation facilities.
In June 2015, the City Resource Committee approved the original grant
application that covered not only 2015 but additional years. This year, JWB did
not require a request for proposal, thus providing a continuation of program
services.
"Charting a Course for Youth" is a program designed to incorporate exercise
and nutrition based activities in an after school and summer camp setting, to
improve academic success, encourage healthy lifestyle choices, improve social
skills, increase athletic abilities, and develop leadership skills of the participants.
The program serves community youth ages 6-17 at the Ross Norton and North
Greenwood Recreation Complexes.
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There is no requirement to continue the program when the grant ends.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish the new special program and
provide an increase of$394,095 in other governmental revenue in G2107, JWB
Youth Programming, to account for both revenues and expenditures for this
agreement.
6.3 Approve a revised Standard Agreement Form to be used with the various Youth
Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to
execute same. (consent)
On September 5, 2019, Council approved a revised Youth Co-Sponsor
Agreement template. Staff worked with the youth co-sponsor groups and found
it very difficult to fulfill the new Level II background screening requirement. The
groups want to provide the safest environment for kids to enjoy youth sports, but
the Level II requirements have become increasingly difficult for most of the
organizations to meet.
Staff is recommending that the current standard template agreement be revised
from a State Level II screening requirement to an approved city equivalent
criminal background check. An equivalent background check would be annually
approved by the Risk Management Division and Parks and Recreation Director.
All other items in the agreement remain the same and include areas such as
ADA compliance, training opportunities, financial stewardship, insurance
requirements, facility care, publicity, participation guidelines, scheduling needs,
etc.
Currently, there are 11 Youth Co-Sponsor Groups that have been recognized by
the City and have agreements with the City. These youth groups provide
programming for baseball, football, soccer, swimming, softball, track and field,
and basketball.
The City annually meets with each group and enters into a Sports and Program
Youth Co-Sponsor Agreement.
Since there are numerous Youth Co-Sponsor Group Agreements to negotiate
and approve, staff is recommending that the Council continue to allow the City
Manager or his designee to enter into these revised agreements.
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In response to questions, Parks and Recreation Assistant Director Mike
Lockwood said the Department has standards for co-sponsorship groups to
follow and will be shared with the groups. The professional background
company will run the checks and eventually share the information with the
groups. One of the major issues this process will address is the cost
associated with recruiting coaches and running background checks. Many of
the prospective candidates are doing it on their own time and with their own
money. He said training is required for those participating in co-sponsored
events.
7. Police Department
7.1 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida, in the amount
not to exceed $582,070, which includes contingency, for forensic crime scene
processing, latent prints, property and evidence storage, and Pinellas Juvenile
Assessment Center services, during the one-year contract period commencing on
October 1, 2020 through September 30, 2021, and authorize the appropriate officials to
execute same. (consent)
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police
Department (CPD) began an annual contractual agreement for services in
January 1994. The agreements have covered forensic crime scene
processing, latent fingerprint examination, property and evidence storage, and a
share of security costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost for the proposed agreement for Fiscal Year 2020-2021 is
$546,162. The proposed contractual agreement reflects a 2.8% increase with
the following associated costs:
Forensic Science Services (Crime Scene Processing) = 1,100 calls for service
at $246.10 each, totaling $270,710;
Fingerprint Services - 1,200 cases at $90.46 each, totaling $108,552;
Property and Evidence Storage - 10,000 items at $12.70 each, totaling
$127,000;
Pinellas Juvenile Assessment Center (PJAC) - 475 juveniles transported at
$84.00 each, totaling $39,900.
The contingency amount of$35,908 will cover any calls for service which
exceed those outlined in the proposed contract and invoices for excess
services will be issued separately. Additionally, at the end of the contract, any
funds remaining from unused calls for service will be refunded to the city.
APPROPRIATION CODE AND AMOUNT:
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Funding for this contractual agreement and contingency funds are included in
the Police Department's fiscal year 2020-2021 operating budget request for
cost code, 0101155-530300, contractual services.
7.2 Approve an agreement between Clearwater Towing Service, Incorporated and the City of
Clearwater to provide full-service vehicle removal, towing, storage, and transport and
impound services to accommodate all needs of the Clearwater Police Department and
the City's Fleet Maintenance Division, authorize the appropriate officials to execute
same, and ratify and confirm Fourth Extension to the Vehicle Towing Contract bridging
the 23-day gap between the expiration of the Third Extension and start of the new
agreement. (consent)
On June 29, 2020, Request for Proposal (RFP) 44-20 was issued seeking
qualified vendors to provide full-service vehicle recovery, towing, storage,
transport, and impound services for the Police Department and the City's Fleet
Maintenance Division.
A five-member committee, comprised of members of the Police and General
Services departments, evaluated the responses. Only one vendor, Clearwater
Towing Service Incorporated, located at 1955 Carroll Street, Clearwater,
submitted a qualified response and was further reviewed and accepted based
on qualifications and experience, facilities, equipment, and capacity.
The agreement will meet the required needs of the Police Department and the
City's Fleet Maintenance Division but would not prohibit a citizen from
requesting towing services from a company of their choice, such as AAA.
Under the terms of this contract, vehicles would be seized or impounded at no
cost to the Police Department.
The agreement calls for an initial one-year term, effective October 1, 2020
through September 30, 2021, with three optional one-year extensions.
There will be a minimal impact to the Police Department's current and future
operating budget(s) as a result of the agreement. Under the terms of the
agreement, the Vendor is to be paid the sum of$100.00 per vehicle, which is
stored on behalf of the Police Department for investigative purposes (maximum
of five days storage). Payments will be funded from the Police Department's
operating budget (projected: $1,500) (Appropriation Code: 0101155-548000).
The Vendor will collect, and transfer to the Police Department, a $20.00 fee for
administrative costs associated with vehicles which are impounded by the
Police Department. Administrative fees collected will be credited to the General
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Fund.
Under the terms of this contract, the vendor will provide twenty-four hours,
seven days a week towing services (towing, recovery, and roadside service) for
the City's Fleet Maintenance Division.
The City's Fleet Maintenance Division will pay the vendor for towing services as
outlined in the Pricing Sheet (Exhibit A). Payment will be funded from the Fleet
Maintenance Division operating budget (projected: $100,000 annually)
(Appropriation Code: 5666611-530300).
APPROPRIATION CODE AND AMOUNT:
Funding is available in the Police Department's operating budget cost code
0101155-548000 (Other Charges); and in the Fleet Maintenance operating
budget cost code 5666611-530300 (Contractual Services), to fund this
agreement.
Associated revenues will be credited to General Fund revenue code
010-342111 (Police Department Tow Fees).
7.3 Approve renewal of the TriTech Software Support Agreement, in the amount of
$189,096.22, for a 12-month period beginning October 1, 2020 and ending September
30, 2021, and authorize the appropriate officials to execute same. (consent)
The TriTech System provides an integrated computer aided dispatch (CAD),
mobile, automatic vehicle location (AVL) environment, and downloading of data
to the report management system (ACISS). Prior to the TriTech System, each
of these functions required separate software support and hardware
agreements.
The TriTech system has been operational since October 2007; the final sign-off
and payment closing out the project was disbursed in March 2009.
The Council previously approved a twelve-month TriTech Software Support
Agreement, which will expire on September 30, 2020. This renewal reflects a
0.6% increase over the fiscal 2020 amount totaling $187,976.
APPROPRIATION CODE AND AMOUNT:
Funding for renewal of the 12-month Software Support Agreement, in the
amount of$189,096.22, is budgeted in Fiscal Year 2020/2021 Police
Department operating budget 0101162-530300 (contractual services).
7.4 Approve an Interlocal Agreement between the Clearwater Community Redevelopment
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Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year
2020-2021 in the amount of$250,268.12 to underwrite the cost of additional Community
Policing services by the Clearwater Police Department in the Downtown Gateway
District, Prospect Lake District, and the Downtown Core District, encompassed by the
CRA to address quality of life issues, drug dealing, prostitution, and homelessness and
authorize the appropriate officials execute same. (consent)
Quality of life issues, drug dealing, prostitution, and homelessness, all
negatively impact the re-development plans. Additional community policing
resources are needed to effectively address these issues above and beyond
the level provided by routine road patrol functions.
An allowable funding source of this active item is the use of CRA Tax Increment
Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for
"community policing innovations" in the Community Redevelopment Areas. For
the first time, the CRA is providing an additional $40,000 to work with the police
department to develop a community policing co-responder program. The
program will assist police officers with connecting persons encountered in the
CRA area with services needed to address homelessness, mental health, drug
addiction and physical support services.
The CRA and Clearwater Police Department have reached an agreement on a
proposed scope of services and terms as delineated in the Interlocal
Agreement. Included in the scope is the delineation of specific, measurable
crime reduction targets by which to monitor the success of the initiative as well
as providing clear language required by statute assuring that the resources are
applied to the CRA/Downtown Gateway area.
APPROPRIATION CODE AND AMOUNT:
Funding for this Interlocal Agreement will be from CRA Project Code R2001
Community Policing.
8. Engineering
8.1 Approve RFQ 40-20 for selection of firms to provide Construction Manager at Risk
(CMAR) Services for Continuing Contracts, as listed, for a period of four years and
authorize the appropriate officials to execute same. (consent)
May 26, 2020, Request for Qualifications (RFQ) 40-20 was issued soliciting
area firms to serve as construction managers for the City in accordance with
CMAR procedures. Twenty-two responses were received on June 25, 2020,
including six incumbents. The incumbents were approved based on past
performance. A short list of seven firms made oral presentations in mid-August
to the selection committee consisting of representatives from Engineering,
General Services, Marine and Aviation, Parks and Recreation and Public Utilities
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departments.
The following thirteen firms were selected based on their construction
experience, financial capability, availability of qualified staff, as well as their
expertise in scheduling, cost estimating and control, value engineering, and
pre-construction services.
Incumbent CMAR Firms:
• Biltmore Construction Co., Inc. of Belleair, FL
• Certus Builders, Inc., of Bristol, FL
• J. Kokolakis Contracting, Inc. DBA Kokolakis Contracting, of Tarpon
Springs, FL
• J.O. DeLotto & Sons, Inc, of Tampa, FL
• Keystone Excavators, Inc., Oldsmar, FL
• Khors Construction, Inc, Pinellas Park, FL
New CMAR Firms:
• Ajax Building Company, LLC of Oldsmar, FL
• Allstate Construction, Inc. of Tampa, FL
• Bandes Construction Company Inc. of Dunedin, FL
• Creative Contractors, Inc. of Clearwater, FL
• Johnson-Laux Construction, LLC of Winter Garden, FL
• The A.D. Morgan Corporation of Tampa, FL
• Walbridge Aldinger LLC of Tampa, FL
The CMAR firms selected will be available for a four-year term beginning
October 1, 2020 through September 30, 2024. The City may award work to the
firms for projects up to $4 million based on Florida Statute.
Competitive pricing will prevail for work completed under this CMAR method
based on the capability of firms to procure material and labor due to their size
and experience. Numerous selected firms have been low bid contractors on
past projects with the City and other governmental agencies. All procured
subcontracts are open book; hence, the City will review the pricing and agree to
a reasonable mark up to manage the work.
Funding sources for individual projects will be determined at time of the specific
CMAR proposal approval.
Engineering Director Tara Kivett said recent legislation changed the
threshold and reason why there were more interested firms. In the past,
there have been 7 firms on the list, which has been as large as 10. This
method allows the City to contract without a set of plans which creates
savings since there is more control with the contractor.
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8.2 Approve Engineer of Record (EOR) work order to Biller Reinhart Engineering Group, Inc.,
for 2021 Bridges Repair (20-0027-EN) in the amount of$161,150 and authorize the
appropriate officials to execute same. (consent)
The Engineering Department is responsible for inspection and maintenance of
twenty-six vehicular and pedestrian bridges.
Based on bridge inspection reports, provided by (EOR) Biller Reinhart
Engineering Group and the Florida Department of Transportation (FDOT),
fourteen bridges require preventative maintenance. This periodic maintenance
project maximizes service life of city-owned bridges.
This work order provides design, bidding services and construction engineering
services for the bridge maintenance project.
Staff plans to procure a Construction Manager firm, via the City's Construction
Manager at Risk (CMAR) Continuing Services Contract to construct the repairs
once the design is complete in early 2021.
APPROPRIATION CODE AND AMOUNT:
ENRD180002-DSGN-PROSVC $161,150
Funding is available in Capital Improvement project ENRD180002, Bridge
Maintenance & Improvements, to fund the work order.
8.3 Approve Change Order Two to Paramount Painting and Services, Inc. of Tampa, FL, for
East WRF RDT Building Repair (18-0016-UT) in the amount of$98,814, increasing the
contract from $131,580 to $230,394, and authorize the appropriate officials to execute
same. (consent)
A concrete floor slab at the East Water Reclamation Facility (WRF) Rotary
Drum Thickener (RDT) building has deteriorated to a level requiring repairs. The
City engaged an Engineer of Record to prepare 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
awarded to this contractor under Bid #18-0016-UT, East WRF RDT Building
Condition Assessment.
June 4, 2020, City Council approved Change Order One for additional structural
reinforcement and shoring to address accelerated deterioration of structural
supports in the amount of$72,145.
Change Order Two is to address unforeseen full depth concrete structural
deterioration to the concrete floor slab discovered during demolition and to
relocate electrical conduits that were not anticipated to be in the old floor slab.
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This project has encountered more unforeseen issues than typical restoration. It
is challenging to accurately ascertain condition of concrete due to available test
methods, as well as inaccessibility to critical portions of the building and rapid
deterioration.
Due to the significant scope increase, the contractor reduced original unit prices
on the most used line items.
APPROPRIATION CODE AND AMOUNT:
3277327-546700-M 1907
Funds are available in Utility Renewal and Replacement project M1907, East
Plant Repair and Replacement.
In response to a question, Engineering Manager Jeremy Brown said the
conduits were embedded in the concrete, staff does not know why the
conduits were placed there.
8.4 Ratify and confirm $38,000 of the $140,870 work order for America's Water infrastructure
Act and Public Utilities Emergency Response Plans (19-0030-UT), approve a five-year
agreement with Black and Veatch, of Tampa, Florida, per RFQ 30-20, and authorize the
appropriate officials to execute same. (consent)
The America's Water Infrastructure Act (AWIA) requires water
systems serving more than 3,300 residents to conduct a Risk and
Resilience Assessment (RRA) and update their Emergency Response
Plan (ERP).
Congress and the EPA have mandated that utilities consider typical water
assets along with mission critical support services such as finance and
information technology. The RRA and ERP includes considerations of risks to
the water system as well as the systems resiliency from both natural hazards
(hurricanes, storm surge, etc.) and malevolent acts (physical and
cyber-attacks).
Black and Veatch has completed the RRA in the amount of$200,000.
Due to the cumulative cost of the project, Procurement and Engineering issued
Request for Qualifications (RFQ) 30-20, America's Water infrastructure Act &
Public Utilities Emergency Response Plans, to procure a consultant to
complete the ERP. The RFQ closed on April 23, 2020 and Black and Veatch
was selected to perform these services. To meet EPA's late September
deadline for the potable water ERP, the consultant used a small portion of this
proposed workorder prior to City Council approval. Most of the work order fees
cover completion of ERPs for other Public Utility systems with later due dates.
This work order enables the City to comply with AWIA. In addition to the potable
water system, this project includes updating the ERPs for each of the other
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Public Utilities Divisions.
APPROPRIATION CODE AND AMOUNT:
3217321-530100-96721 $140,870
Funding is available in capital improvement project 96721, System R&R, in the
amount of$140,870 to fund this work order.
8.5 Approve an Interlocal Agreement with Pinellas County for $750,000 in Penny IV
Assistance toward the Gulf Boulevard Improvement Plan for related Eligible Project work
from January 1, 2020 through September 30, 2026 and authorize the appropriate officials
to execute same. (consent)
This Agreement is an extension of the original Gulf Boulevard Improvement Plan
between Pinellas County and the BIG C beach communities. The Improvement
Plan scope from 2001, is a beautification plan for the Gulf Boulevard corridor,
providing a link between the eleven beach communities in the county. The Plan
includes undergrounding of utilities, landscaping, mast arms, right-of-way
improvements, and amenities.
Penny III funds were previously dispersed, Clearwater received $6.7 million. The
proposed extension includes reimbursement of up to $35 million from Penny IV
surtax proceeds to the BIG C Cities over the next five years (from July 1, 2021
to September 30, 2026) for eligible projects commencing after January 1, 2020
as well as completion of work under the previous expired agreement. The
beach cities are individually allocated from $500,000 up to $7.98 million.
Eligible projects must be in the Plan limits. For Clearwater, the limits
encompass Gulf Blvd., South Gulfview Blvd., Coronado Dr., and Causeway
Blvd. Clearwater's proposed projects for the Penny IV reimbursement are
replacement of the Mandalay Channel Pedestrian Underpass Bridge, with any
remaining funds going towards Illuminated Crosswalks near Pier 60 and along
South Gulfview Blvd.
APPROPRIATION CODE AND AMOUNT:
Funds will be returned to Capital Improvement Projects in amounts of$700,000
to ENRD180002, Bridge Maintenance and Improvements, and $50,000 to
ENRD180007, Traffic Safety Infrastructure.
In response to a question, Engineering Director Tara Kivett said the
pedestrian underpass project should be completed within the next month.
9. Fire Department
9.1 Approve Amendment No. 1 for the Emergency Medical Services ALS First Responder
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Agreement between Pinellas County and City of Clearwater for a budget increase for
emergency medical services to the Clearwater Fire District and authorize the appropriate
officials to execute same. (consent)
The Pinellas County Emergency Medical Services Authority (EMS Authority) is a
special district created for the purpose of providing Emergency Medical
Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws
of Florida, and Chapter 54, Article III, Pinellas County Code, as amended.
Pinellas County has contracted with various municipalities and independent
special fire districts in the County to provide first responder services and has
also contracted with an ambulance contractor to provide emergency and
non-emergency transport services.
Through this contract, Clearwater Fire & Rescue provides advanced life support
services to the residents of the City of Clearwater and to individuals within the
unincorporated area of Pinellas County that is located within the Clearwater Fire
Control District.
On August 14, 2019, City Council approved the five-year Emergency Medical
Services ALS First Responder Agreement between Pinellas County (Authority)
and City of Clearwater (Contractor) commencing October 1, 2019 and ending at
midnight September 30, 2024, which may be extended for an additional
five-year period following the initial term, provided that the Parties mutually
agree in writing to such extension. This agreement provides for reimbursement
of engine and rescue units, EMS Coordination positions, and projected capital
as outlined in Appendix A.
As noted in Section 701(f) of the initial Agreement, if there is an extraordinary
budget increase exceeding 3% of the prior fiscal year's budget, the increase
must be negotiated and approved prior to the beginning of the next fiscal year.
Clearwater Fire & Rescue submitted a budget increase and the Authority
agreed to this increase and authorizes the Contractor's budget request of
8.38% or $534,836, which increases the funding for Fiscal Year 20-21 to
$6,920,226.
All terms of the initial Agreement will remain in full force and effect, and the
Contractor and Authority agree that the effective date of Amendment No. 1 is
October 1, 2020.
9.2 Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the
purchase of two new Pierce Heavy Duty Velocity Pumpers in an amount of$1,334,223.00
in accordance with Sec. 2.564(1)(d), Clearwater Code of Ordinances - Other
Governmental Entities Bids; declare G2946 and G2611 surplus effective upon receipt of
the two purchased vehicles and authorize for disposal at auction in accordance with
Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with
Section 2.624 Clearwater Code of Ordinances- Exceptions to auction sale bidding
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Council Work Session Meeting Minutes September 14, 2020
procedures whichever is deemed to be in the City's best interests; and authorize the
appropriate officials to execute same. (consent)
Clearwater Fire and Rescue is requesting authorization to purchase two (2)
heavy-duty front-line pumpers (engines) to replace Engine 49 and Engine 51.
Upon receipt of the new vehicles, Engine 49 (G3792), purchased in 2011, will
move to the reserve fleet to maintain required reserve units. Reserve unit
(G2946) purchased in 2004 will be retired. Engine 51 (G3793), purchased in
2011, will move to the reserve fleet to maintain required reserve units. Reserve
unit (G2611) purchased in 2002 will be retired.
The full price for one fire engine is $686,966.00. The dealer and manufacturer
have offered a multi-unit discount of$39,709.00.
The City will be reimbursed by the County for a portion of the purchase,
approximately 11%, as the vehicles will support fire operations in the
unincorporated areas of the Clearwater Fire District.
Clearwater Fire and Rescue has determined the Pierce Heavy Duty Velocity
Pumper built by Pierce Manufacturing meets the operational needs of the
department. A heavy-duty velocity pumper provides exceptional pumping water
capability, enhanced storage capability, lower vehicle profile, and will
significantly up-grade the abilities of the engine it replaces.
This purchase is a piggyback of Florida Sheriffs Association Cooperative
Purchasing Program Contract#FSA20-VEF14.0, Fire Rescue Vehicles and
Other Equipment, Fire Rescue 14.02.
Estimated annual operating costs in the department's annual operating budget
include fuel and routine garage charges for operating the new vehicle. Garage
charges on the new vehicle are expected to be less than the replaced vehicle.
APPROPRIATION CODE AND AMOUNT:
Funds have been included in the fiscal year 2020/21 budget allocating Penny for
Pinellas funds for this purchase in capital improvement project 91218, Fire
Engine Replacement.
10. Planning
10.1 Provide direction on the proposed first amendment to an existing Development
Agreement between the City of Clearwater and East Shore International Enterprises, LLC
and 411 ES, LLC, which provides a one-year extension for site plan approval and confirm
a second public hearing in City Council Chambers before City Council on October 1,
2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001;
400/405/408/409/411 East Shore Drive).
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Council Work Session Meeting Minutes September 14, 2020
Development Proposal:
Brian J. Aungst, representative of 411 ES LLC (property owner), is requesting a
one-year time extension for site plan approval of the approved Hotel
Development Agreement (HDA2019-03001) for the referenced project located at
400/405/408/409/411 East Shore Drive.
On July 18, 2019, the City Council approved a Development Agreement along
with a concept plan and elevations as part of application HDA2019-03001.
Consistent with applicable Florida Statues and the City's Community
Development Code the agreement was transmitted to the Florida Department of
Economic Opportunity on August 1, 2019 rendering the effective date August
31, 2019.
Pursuant to Section 6.1.3.3 of the agreement, "The Developer shall obtain
appropriate site plan approval pursuant to a Level One or Level Two
development application within one (1) year from the effective date of this
Agreement...".
Based on the City's Level II Flexible Development application schedule the latest
Community Development Board Meeting at which site plan approval could have
been granted prior to the expiration of the Agreement (August 31, 2020) was
August 20, 2020. This would have required the submittal of a complete
application on or before the application deadline of noon June 1, 2020.
The applicant provides that they were unable to submit a complete application
by the above noted application deadline date of noon June 1, 2020. It should be
noted that the August CDB meeting was cancelled. It should also be noted that
the applicant does have a complete Flexible Development application
(FLD2020-05012) submitted for review scheduled for review at the
Development Review Committee meeting of September 3, 2020.
The granting of the one-year time extension request will amend Section 6.1.3.2
as follows:
6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a
Level One or Level Two development application within ^near two 2
years from the effective date of this Agreement in accordance with the
provisions of the Code and shall then obtain appropriate permits and certificates
of occupancy in accordance with the provisions of the Code. Nothing herein
shall restrict Developer from seeking an extension of site plan approval or other
development orders pursuant to the Code or state law. In the event that work is
not commenced pursuant to issued permits, or certificates of occupancy are
not timely issued, the City may deny future development approvals and/or
certificates of occupancy for the Project and may terminate this Agreement in
accordance with Section 10.
No changes to the approved conceptual site plan or elevations are proposed.
The approved development agreement provides for the demolition of all
structures on the 1.115-acre site and building a single, six-floor hotel with 74
hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips
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City of Clearwater
Council Work Session Meeting Minutes September 14, 2020
available to the public and 35 slips available only to guests of the hotel. The 74
proposed units include 55 units otherwise permitted by the Resort Facilities
High Future Land Use classification, an additional eight units from the Hotel
Density Reserve through Beach by Design and an additional 11 units which the
applicant intends to transfer to the site through a Level Two Transfer of
Development Rights application. The building will be 65 feet in height (from
Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus
Schedule for the Marina District of Beach by Design for property totaling one
acre or more on both sides of East Shore Drive and the provision of a publicly
accessible Boardwalk. The proposal includes a tropical modern architecture,
which is consistent with and complements the tropical vernacular envisioned in
Beach by Design.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. The amendment to the
approved agreement is solely to extend the time frame by which time site plan
approval must be obtained by one year to August 31, 2021.
In response to questions, Senior Planner Mark Parry said staff is not aware if
the COVID-19 pandemic contributed to incomplete applications. If the
extension is approved, the 8 units from the reserve will remain with the
project for another year. He said there are no remaining units in the reserve,
a hotel request will be presented to Council in the coming two months. The
boardwalk on the site plan was part of the incentive as it is a desired feature
of Beach by Design.
11. Information Technology
11.1Approve a contract (purchase order) to Oracle America, Inc., Redwood Shores, CA for
the period of October 1, 2020 through September 30, 2021 for software maintenance, at
a cost not to exceed $299,000.00 in accordance with Sec. 2.564(1) (b) Clearwater Code
of Ordinances, sole source, and authorize the appropriate officials to execute same.
(consent)
This is an annual contract for PeopleSoft (payroll system) at $136,921.58;
Oracle (database licensing) at $40,286.01; Oracle OWAM maintenance (asset
management system) at $93,843.09; and Oracle Mobile Device at $20,516.13;
license contingency at $7,433.19.
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Council Work Session Meeting Minutes September 14, 2020
This Purchase Order represents an approximate $8,000 increase in real
maintenance costs from a year ago. The increase in maintenance is due to
annual incremental licensing increases.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559864-530500, maintenance contracts, to
fund this contract.
11.2Authorize piggyback off of the State of Florida Department of Management Services
Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services,
with Verizon Wireless, in an amount not to exceed $675,000 for the period October 1,
2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section
2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to
execute same. (consent)
City operating departments facilitate mobile services and field data collection
with the use of mobile computing devices (phones, tablets, laptops, etc.) and
wireless data connections (air cards) and cellular phones.
All mobile/wireless services are aggregated and billed through the Information
Technology Department. Verizon is being selected off of State contract for its
quality of coverage and reliability within our service area.
The annual Verizon spend is $675,000, broken down as follows: cellular/smart
phones $375,000; and data cards for departments - including Police
Department's patrol vehicles - $300,000.
The City currently has 698 cellular/smart phones in use and approximately 637
cellular data cards (280 for police patrol units).
The requested amount represents a $15,000 reduction from the previous Fiscal
Year 19-20 approval.
State Contract DMS-10/11-008C expires on January 19, 2022.
APPROPRIATION CODE AND AMOUNT:
5559865-542100 - $375,000
5559862-530300 - $300,000
12. Solid Waste
12.1Authorize a purchase order to Palmdale Oil Company of Ft. Pierce, FL to provide oils
and lubricants for a not to exceed amount of$225,000 for period October 1, 2020 through
July 31, 2023 with one additional two-year renewal at a not to exceed amount of
$150,000 at the City's discretion, pursuant to Clearwater Code of Ordinances Section
2.564(1)(d) Cooperative Contracts and authorize the appropriate officials to execute
same. (consent)
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Council Work Session Meeting Minutes September 14, 2020
In April 2020, the City of St. Petersburg, FL issued a Cooperative Bid No., IFB
7654, Oils and Lubricants in which the City was a participant along with several
other local municipalities.
This cooperative agreement will allow the City to take advantage of various oils
and lubricants required for the maintenance of city-wide vehicles at bulk
discount pricing.
The estimated annual amount per year will be $75,000 under this contract.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in cost code 5666611-550600 (Vehicle
Parts)
Funding for future fiscal years will be requested within contract calendar and
spending limits.
13. Official Records and Legislative Services
13.1Approve an agreement with the Law Firm of Dean, Mead & Dunbar to provide lobbying
services at the state level from October 1, 2020 through September 30, 2024 at a cost of
$4,000 per month, plus estimated expenses of$4,800, not to exceed $52,800 per year,
and authorize the appropriate officials to execute same. (consent)
Lobbying services assist the City in pursuing funding and favorable legislation at
the state level. Request for Proposal 46-20 (RFP)was released to select a
provider of these services.
Responses were received from Dean, Mead, & Dunbar, JEJ &Associates, Inc.,
Johnston & Stewart Government Strategies, LLC and Suskey Consulting, LLC.
The evaluation committee, consisting of the City Clerk, City Attorney, and the
Economic Development & Housing Assistant Director, reviewed written
proposals on August 13, 2020. Selection criteria were: Demonstrated
Experience, Qualifications of Team, Reference Reports and Cost of Services.
The committee determined Dean Mead to be the most responsive to criteria
established in the RFP. Dean Mead has been the City's state lobbyist since
2014 and the City has been satisfied with their services. Dean Mead proposes
the same rate as the previous contract. The agreement may be cancelled at
any time with 30 days advance notice.
APPROPRIATION CODE AND AMOUNT:
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Annual costs for this contract will be included in the Official Records and
Legislative Services operating budget under appropriation code
0109700-530100, professional services.
14. Legal
14.1Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-51.
15. City Manager Verbal Reports — None.
16. City Attorney Verbal Reports — None.
17. Council Discussion Item
17.1 Referendum Mailer - Councilmember Beckman
Councilmember Beckman wishes to discuss the Yes/No Vote mailer.
Councilmember Beckman raised concerns with the referendum mailer. She
said when she questioned how the public would be informed on the
referendum question, she was under the impression staff would hold
informational meetings for the public. She has learned the informational
meetings were council meetings. The mailer includes 153 words to describe
what a yes vote means, the information goes into detail what the park
includes but nothing is mentioned about the jobs being promoted.
In response to a concern, the City Attorney said staff has not started
anything regarding the land use or zoning changes. Per the agreement, the
land use and zoning changes would be allowed if the referendum passes.
She said her discussion with Councilmember Beckman centered around
what if the referendum does not pass - the City could initiate a land use and
zoning change. The referendum allows the City to lease the property. The
zoning and land use changes must still go to Forward Pinellas and Pinellas
County for approval. She said the mailer does not speak to the use, The
Landings has 9 years left on the lease but there are economic measures to
be considered. She prefers keeping the mailer simple and compact, if yes,
this is what happens. The City Attorney said staff will send the mailer today
to print so that it can be mailed by the 28th.
There was no consensus to change mailer verbiage.
18. 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,
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Paragraph 2). — None.
19, Closing Comments by Mayor— None.
20. Adjourn
The meeting adjourned at 12:52 p.m.
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